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HomeMy WebLinkAbout2003 04-01 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — APRIL 1, 2003 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR NICK INZUNZA INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MARCH 18, 2003 AND THE ADJOURNED MEETING OF MARCH 19, 2003. PUBLIC ORAL COMMUNICATIONS (Three -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. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 4/1/03 PAGE 2 PROCLAMATION Proclaiming April 6th —12t, 2003 to be "BOYS & GIRLS CLUBS OF NATIONAL CITY WEEK" INTERVIEWS/APPOINTMENTS 1. Boards and Commissions: Appointments of Planning Commission Members (2). (City Clerk) 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. 2003-42 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish a 10-foot red no parking zone on the northwest corner of B Avenue and 18th Street. (L. Carvey, TSC Item No. 2003-14) (Engineering) 3. Resolution No. 2003-43 A Resolution of the City Council of the City of National City authorizing the issuance and sale of its General Obligation Bonds, Election of 2002, Series A and authorizing actions related thereto. (City Attorney/Director of Finance) 4. WARRANT REGISTER NO. 36 (Finance) Ratification of Demands in the amount of $346,658.25 COUNCIL AGENDA 4/1/03 PAGE 3 CONSENT CALENDAR (Cont.) 5. WARRANT REGISTER NO. 37 (Finance) Ratification of Demands in the amount of $1,033,549,81. 6. Claim for Damages: Nate Miller (City Clerk) 7. CIP Project addition for the repair and remodel of Las Palmas restrooms. (Building & Safety) ORDINANCE FOR INTRODUCTION 8. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by amending Chapter 10.70 pertaining to police regulated business regulations, Chapter 10.73 pertaining to live adult entertainment at adult oriented entertainment establishments, and Chapter 10.79 pertaining to massage establishments and adding Chapter 10.78 pertaining to entertainment establishments. (City Attorney) ORDINANCE FOR ADOPTION 9. An Ordinance of the City Council of the City of National City amending Section 3.04.020 of the National City Municipal Code. (City Attorney) NEW BUSINESS 10. Report on three -unit residential property at 2508 "A" Avenue. (Planning) 11. Request from Granger Junior High School to use portable stage and 200 chairs. (Parks & Recreation) COUNCIL AGENDA 4/1/03 PAGE 4 NEW BUSINESS (Cont.) 12. Temporary Use Permit - National City Chamber of Commerce — Circus Vargas. (Building & Safety) 13. Temporary Use Permit — Southwestern College Higher Education Center — Career Fair. (Building & Safety) 14. Temporary Use Permit — St. Anthony's Church -Festival. (Building & Safety) 15. Notice of Decision — Conditional Use Permit for a school at 1601-1633 Hoover Avenue and 140 W. 16th Street (Applicant: Reymundo Marin, Interamerican College) (Case File No. CUP-2002-22) (Planning) 16. Notice of Decision — Conditional Use Permit for a wireless communications facility on a pole sign at Office Furniture Depot, 241 National City Boulevard (Applicant: Cingular Wireless) (Case File No.: CUP-2002-6). (Planning) STAFF MAYOR AND CITY COUNCIL COUNCIL AGENDA 4/1/03 PAGE 5 NEW BUSINESS (Cont.) ADJOURNMENT Adjourned Regular Meeting — Fire Station 108 Loan — Tuesday — April 8, 2003 — 3:00 p.m. - Large Conference Room, Civic Center. Joint Planning Commission/City Council Vision Workshop — Tuesday — April 8, 2003 - 4:00 pm — South Room — Martin Luther King, Jr. Center Next Regular City Council Meeting - Tuesday - April 15, 2003 - 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 frnrlttmtttiun WHEREAS, The Boys & Girls Clubs of America have served as one of our nation's leading youth development organizations for more than a century; and WHEREAS, The Boys & Girls Club of National City provides hope and opportunity to 350 individual children and teen everyday; and WHEREAS, The Boys & Girls Club of National City will celebrate National Boys & Girls Club Wee, April 6th — 12th, 2003; and have produced countless outstanding alumni that have gone on to make significant contributions throughout National City and our nation; and WHEREAS, The Boys & Girls Club of National City is The Positive Place For Kids and Teens, offering a safe and supportive place everyday after school, with adult role models and mentors, that provide young people with the motivation to learn, grown and aspire to a brighter future; and WHEREAS, The Boys & Girls Club of National City achieved many important milestones recently including implementing its innovative Inclusion Program for members with special needs for its fifth successful year, celebrating Dr. Seuss' birthday with special guest readers Mayor Nick Inzunza, Captain Derek Kemp, Commanding Officer, Naval Station San Diego and San Chargers # 59 Donnie Edwards; himself a former club member, and the Inclusion Program being featured in the San Diego Union Tribune and a national Boys & Girls Club magazine called Connections. Now, therefore, we the City Council of the City of National City, do hereby proclaim April 6th — 12th to be: "Boys & Girls Clubs of National City Week" Ron Morrison, Councilman Nick Inzunza Frank Parra Mayor Vice Mayor Luis Natividad, Fideles Ungab Councilman Councilman in the City of National City. And call on all citizens to join with me in recognizing and commending the Boys & Girls Clubs of National City Board of Directors, Staff and its alumni for making a significant difference in the lives of our young people and our community. City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE April 1, 2003 AGENDA ITEM NO. (-ITEM TITLE BOARDS AND COMMISSIONS: Appointment of Planning Commission Members (2) PREPARED BY Michael R. Dalla /I DEPARTMENT EXPLANATION City Clerk Two new Planning Commission positions have been created and will become official on April 4, 2003, when Ordinance No. 2003-2217 becomes effective. It has been requested that appointment of the new Planning Commissioners be placed on this agenda. The eligible applicants are listed below and their applications are attached. All have been invited to be present at tonight's meeting. Patrick Amon Carlos Carrillo Richard Hubbard Alethea Pruitt Leticia Quintero Ditas Yamane Environmental Review XX N/A Financial Statement N/A >STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) See above. Approved By: Finance Director Account No. Resolution No. A-200 i9.99) 2-lg -©3 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 ApRly 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 City Council Building Advisory & Appeals Board Civil Service Commission . 2.. Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: t j t'Cr' f4 (Last) Home Address: (First) ram•. y -'12£ : ty s 2 Birth Date J 2' (Optional) Telephone: Residence ( 7 7 ` 7 Z `i ) Business/Work ( -' NUMBER OF YEARS YOU HAVE LIVED IN: # NATIONAL CITY? CALIFORNIA? ` `? SAN DIEGO COUNTY. ARE YOU A REGISTERED VOTER: YES HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A pIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: r y YES: (PLEASE ATTACH SEPARATE EXPLANATION) S, I ON S AWN rt�iue�^ ;;5r Colleges attended and degrees held, if any: rT . Related Professional or Civic Experience: • Please indicate below any further information that will be of value regarding your named boards, committees or commissions: ;1i`a i. L NO k. , . -;"3C-�-art i u fL,i i A-P4 r !• irdU w T.1 service on the above DATE: YOUR SIGNATURE RETURN COMPLETED FORM To : City Clerk's Office 1243 National City Blvd National City, CA 91950 1-i -o CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PU sipossible on thosepersons willing to serve on any of the Boardshmuch INTENT: It is thc purpose and intent of and Commissions of the City of NationalCity. background information as Please note: This application will be kept on file and under consideration for one (t) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Planning Commission Civil Service Commission Port Commission Senior Citizens Advisory Board Traffic Safety Committee Parks & Recreation Advisory Board t..,--' Library Board of Trustees Serra Library Systems Board Sweetwater Authority Street Tree & Parkway Committee San Diego County Water Authority Project Area Committee Housing & Community Development Student Commissioner Committee Name: CON f f .t \ t 0 C(sf (: y Birth Date .) tibbi 14•i(Lost)(First) (Opnal) 6- I.y 1 Home Address: � � � ' �� � � ( �✓ in Li.- [[ I, / z'�zF i 1 t 1 -1 t,UM) Business/Work ( ri ��f � ) Telephone: Residence ( � --{ (;' 1 C NUMBER OF YEARS YOU RAVE LIVED IN: NATIONAL CITY? �.y. CALIFORNIA? I SAN DIEGO COUNTY? 1 //..(( ARE YOU A REGISTERED VOTER: YES v! NO RAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A RI VIL JUDGEMENT (O 1 HM!.R THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: V YES: (PLEASE ATTACH SEPARATE EXPLANATION) Sy��{;3sR�.y..,,'' C wD^Ir''V _'.�.`r' �4 a: "•.. �•y z i•�• '.i^ y+.� R` •..' n�`: ..n�}:ilCnalv�.rel�`<nWiY•: iY Colleges attended and degrees held Jif any: ,,ll c `. ' e 1" _:>/t..{\ :V yeti 1.3 . A, Related Professional or Civic Experience: ) 1 �1 r'c1f LFt::«t It C i LL?tC {}Lt1�vNlt� r; C: NI i�y��:� — PAC �tlt Please indicate below any further information that will be of value rEgarding your service on the above named boards, committees or commissions: DATE: YOUR SIGNATURE RETURN COMPLETES) FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 3 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS [ this form to provide the City Council with as much background information as PURPOSE AND INTENT: It is the purpose and intent o �s 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 DO ENT 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 8i Community Development Committee City Council 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:J 66 9 (" `—"ie°Qi (Last) pp // (First) Home Address: per//1L / Telephone: Residenc (61)>J / �/ �� ) Business/Work NUMBER OF YEAR YO HAVE LIVED IN: CALIFORNIA? SAN DIEGO COUNTY? .3 OPP ARE YOU A REGISTERED VOTER: YES Birth Date NATIONAL CITY? NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: V YES: (PLEASE ATTACH SEPARATE EXPLANATION) Coll es attended and degrees held, if any: Related Professional or C'.' c Experience: lease indicate below any further information that will be of value regarding your servile on the above named boards, committees or commissions: DATE: Ysr/..5 YOUR SIGNATURE RETURN COMPLE l'ED FORM TO: City Clerk's Office 1243 National City Blvd National City, CA 91950 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission ❑ Housing &&Community Development Committee ❑ Library Boorfl.>of Trustees ❑ Parks & Recreation Advisory Board Planning Commission i( ev1-1z.14,5 i�1tecc 2o'fl,47/ss/v4-1 Note: Applicants must be residents and registered to vote in the City of National City. Name ❑ Port Commission RECEIVED ❑ San Diego County Water AuthAn YCLERI( ❑ Senior Citizens Advisory Board ❑ Serra Library System Ad 9r 4, acrid p ❑ Street Tree & Parkway Committee ❑ Sweetwater Authority CITY OF NATIONAL CITY ❑ Traffic Safety Committee 6/%/v7-33/7 Home Address 3 o �lcJ o S� Tel. No. Co /q 7�� 05& a /Pc9-4 e Business Affiliation f.'incLp--V YYI.-e4 Title kiiea_ f�l>1J Business Address t 0 IJ )< -Pro_ Dlamccel Tel. No. 6/ Length of residence in National City J� v)-.San Diego County .1/ California Educational Background nitP_54).c/-,t/y rig rid" ry 0/7 Liu V4 Occupational Experience %'sh,/c7z. 0vf91-4 d/v//uq % a_ 0, Professional or technical /organization memberships AIR 7701al-ss�ryow 144iN0r, h1 (°�1L4J1uc Civic or community experience, membership, or previous Riblic service appointments: IL /3o{ a 1cF a� ,Q/ y,,cfr/t s PA-G�d/se I/a a y, i 7 — i�f /il!!/o/I//1(ei�L �`L11 Et1 VC?l �Q 1 a 06 hiKor1-en_t_a Begs f G/c./ C'/u� .v�— t ix.)vaivm - C (-tILe gff -hafQ Experience or special knowledge pertaining to area of interest: C'o,vCeam&ag LJ/M /0A%f€4 vr^' /tA::A�.c y r4c l-y ,���/j,)(� s/�fe /-y C-J i r ray cai /-y ec�Lr c'e .A-r "�^j /U/ /d''vc/ c„ /45 c v-P � n � ` ..? v-`"ca �.J ma /2 (1h !/ c SI FP , .1tY/61C-Y/ Date 310/ 3 Signature /v7 Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) *Need not be a resident Revised January 8, 2003 1 3r ket -O 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 tile and under consideration for one (I) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board • Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housints. & Community Development X Name: Quir -et-o LeIGIa Birth Date LV/IU 15t (Last) (First)tCity, (Optional)ti Home Address: 30.3 iS4 2n4 S`:ee-1, N&tionalr�(Myt cA 1�61✓0 7I Telephone: Residence ( ,M) SIT: ) Business!Work ((+ti) 7f-59 2. NUMBER OF YEARS Y�U HAVE LIVED IN CALIFORNIA? 2=D SAN DIEGO COUNTY? NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES I'''� NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MANOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) 20 -72 ,g=;44', y_:1.,.. Colleges attended and degrees held, if any: spoulis h Urliver9-11 Of- San - working on a dyable $ache[or's Enj( sh Related Professional or Civic Experience: SQl Th Foal Corps V'STA, Anlelarlfe thtjer Gomini}tee, Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: ?ar4 it;,r "Stet" Preven+ion, NOI-konat G41 Ilikibove DATE: &I71°4 YOUR SIGNATURE geticiL RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1143 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 L- (r -03 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this torn[ 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. ('lease note: This application will be kept on file and under consideration for one (I) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH '(,UU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board ✓ Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission ✓ Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Conynunity Development Committee sJ PIS- a "f1'-a:INT•OsT ARL• Name: YAMANE DITAS Birth Date ('Last) (First) (Optional) Home Address: 831 D Avenue National City, CA 91950-3405 Telephone: Residence ( 619-474-6088 NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 15 SAN DIEGO COUNTY? 15 ARE YOU A REGISTERED VOTER: YES X Business/Work ( 619-474-3500 NATIONAL CITY? 1 NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: X YES: (PLEASE ATTACH SEPARATE EXPLANATION) STUDENT COMMISSION0474 (CANTS ONLY: Sctioo7:Attendngi. >::.•.._�,,= . :� .. � .. . . Colleges attended and degrees held, if any: Pls. see attached resume. Thank you. .•,Grade Related Professional or Civic Experience: Pls. see attached resume. Thank you. Please indicate below any further information that will be of value regarding your service on named boards, committees or commissions: the above Pls. see attached arofile. Thank vou. DATE: oi.f to,f0.3 YOUR SIGNATURE RETURN coniPLl rED PORN( TO : City Clerk's Office 1243 National City Blvd National City, CA 91950 Ditas Yamane Ditas Yamane is the Executive Vice President of The Phone Shop, an independent inter -connect company and provider of business telephone systems and data network services to home -based and commercial businesses. The Phone Shop, based in National City since 1991, is Ion at 835 D Avenue in National City, is a Pacific Bell Authorized Sales Representative for all SIC Pacific Bell products and services. Ditas also stays busy as President of Premium Real Estate Services, a business in real estate sales and loans based in National City. She is Licensed and Registered Representative for Western Union, the fastest way to send money worldwide, also based in National City. As a dynamic and energetic community leader, Ditas Yamane is: • President, Filipino American Chamber of Commerce of San Diego County, a non-profit organization committed to assist in the continuing betterment of the ever-increasing number of Filipino American businesses in San Diego County. o FACC-San Diego has partnered and built alliances with the following organizations: Asian Business Association — San Diego, California ® SD Alliance for Asian Pacific Islander Americans ® SD Asian Film Festival ▪ Filipino American Development Initiatives ® SD World Trade Center ▪ SD County Hispanic Chamber of Commerce The City of San Diego — Diverse Emerging Vendor Outreach Program ▪ National Council of Asian American Business Associations • Habitat for Humanity Foundation • ABS CBN Foundation Micro Finance Project • and other associations and organizations for projects or programs consistent to FACC's goals and objectives • Executive Member, Tourism Advisory Council of San Diego County under the Philippine Department of Tourism of Southern California, in promoting tourism and trade to the Philippines. Recently, chaired the successful presentation of WOW ! Philippines !!l (Wealth of Wonders in the Philippines) at the US Grant Hotel in downtown San Diego. Co -Chairman, Presidential Host Committee, for the very successful 11 Event of the Year" A dinner gala honoring Her Excellency President Gloria Macapagal — Arroyo of the Republic of the Philippines. The event where Filipino Americans came together (solid and united) to show their undivided support to our mother land, during President Arroyo's visit to San Diego held at the San Diego Marriott Hotel. • Moderator, Filipino American Business Summit 2002" Business Growth Strategies in Challenging Times" held at the Wyndham Emerald Plaza Hotel in San Diego with the National City Mayor, Honorable Nick Inzunza as the Guest Speaker. • Keynote Speaker, Orion Community Assodation of California on their" Strength in Unity" Annual Dinner Gala held at the Double Tree Hotel — Mission Valley in San Diego, California. • Development Director, Samahan Filipino American Performing Arts and Education Center', a non-profit organization to preserve, develop, and present the traditional perfprMing arts of the Philippines. Samahan contributes to a better knowledge and appreciation of the Filipino Culture Heritage which is very important not only for those who are born here but also for those who have left the Philippines at an early age. Background : = License in Real Estate Sales, State of California = License in Insurance, State of California = University of Santo Tomas — Manila, Philippines — College of Pharmacy undergraduate in Medical Technology = Bb. Pilipinas — Universe Finalist (Miss Universe) Manila, Philippines = Model for Commercials, Fashion and Ramp — Manila , Philippines = Executive Production Assistant - Showbiz, Inc. - Manila, Philippines For TV shows: Showbiz with the Salvadors ; Tang-Tarang-Tang and Rico Baby. = Executive Producer & Director — GB's TV Production for Germspesyal — Cebu, Philippines. = Director, GMA Channel 7-Cebu = Sinulog Philippines ! = President, DDS Media Marketing — print media, television and special projects production and marketing — concerts, product launches, and spedal projects as well as political campaign projects. = International Flight Attendant for a leading commercial airline — Ditas learned different cultures from flying all over the world making her a real people person. Ditas with husband and business partner, Rey Yamane, President of The Phone Shop, with their lovely children Darrell, a college student, and Nikkirae, a kindergarten, are one happy and busy family. Than you. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 1, 2003 AGENDA ITEM NO. 2 7ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A RED "NO - PARKING" ZONE ON THE NORTHWEST CORNER OF "B" AVENUE AND 18TH STREET (L. CARVEY, TSC ITEM NO. 2003-14) PREPARED BY Adam J. Landa DEPARTMENT Engineering 336-4380 EXPLANATION Mrs. Lyle Carvey, of 141 E. 18th Street, has requested the installation of a red curb "No Parking" zone on the "B" Avenue and 18th Street. According to Mrs Carvey, vehicles from the neighborhood area are parking there and obstructing the view from vehicles that are entering 18th Street from "B" Avenue. The Traffic Safety Committee approved Staffs recommendation of 10' feet of red curb on the northwest corner of "B" Avenue and 18th Street, at their meeting of March 12, 2003. 2 ( Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resoluti Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of March 12, 2003, approved the 10 foot red "No ;arking" zone on the northwest corner of "B" Avenue and 18th Street. ATTACHMENTS ( Listed Below) Resolution No. 2003-42 1. Resolution 2. Staff Report to the Traffic Safety Committee 2003-14 A-200 (9;99) RESOLUTION NO. 2003 — 42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A 10-FOOT RED NO. PARKING ZONE ON THE NORTHWEST CORNER OF B AVENUE AND 18' STREET (L. CARVEY, TSC ITEM NO. 2003-14) WHEREAS, Mrs. Lyle Carvey has requested the installation of a red no parking zone on the northwest corner of B Avenue and 18t'' Street because parked cars are creating a potential traffic hazard by obstructing the view of vehicles that are entering 18Th Street from B Avenue; and WHEREAS, at its meeting on March 12, 2003, the Traffic Safety Committee approved installation of a 10-foot red no parking zone on the northwest corner of B Avenue and 18th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a 10-foot red no parking zone on the northwest corner of B Avenue and 18th Street. PASSED and ADOPTED this 1' day of April, 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: 73 George H. Eiser, Ill City Attorney 71* Nick Inzunza, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 12, 2003 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE AT THE NORTHWEST CORNER OF "B" AVENUE AND 18TH STREET jBY: L. CARVEY, PHONE 477-3465) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Lyle Carvey, of 141 E. 18th Street, requested the installation of a red curb "no parking" zone at 18th Street and "B" Avenue. According to Mrs. Carvey, vehicles are parking there from the neighborhood and obstructing the view for vehicles that are entering 18th Street from "B" Avenue. The speed limit is 35 m.p.h. According to the speed limit and reaction time (see attached chart), the required length of red curb should be 10 feet at the northwest corner of "B" Avenue and 18th Street. STAFF RECOMMENDATION: Staff recommends the installation of 10 feet red curb "No Parking" zone at the northwest corner of "B" Avenue and 18th Street (see location map). EXHIBITS: 1. Letter 2. Location Map 3. Chart 2003-14 a ;QCo3 i)14„.aLe),77 ,120., a. /I L/ ,6195T /g -1 ST!'EET, e Cer1-.. e )& �, ry-vt-7=P, J e e4 ) 1� 4Pn +-n-711 L- 46 ( /2 4= )1/4iiiz- a_ .1p- ko_-J /2J54_ J/ n7 t . -O /2 Jam` 1,ei,..11a171.e)-a",c_;.-;— ILZrjY )'77 X6721' 4C6-C4)Qa LA s AV A V F \ Deceleration Rate d = 12.0 feet per second2 Reaction Time r = 1.00 second. Deceleration Distance = V2 dt2 or-V2 Vt or 2d Deceleration Time = V d Detector Setback = Deceleration Distance + Reaction Distance = V2 Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEED DEC. TIME DEC. DIST. TOTAL TIME TOTAL DIST. USE Mile Per Hour Feet per Sec. Second Feet Second Feet Feet 25 36.7 3.06 56.1 4.06 92.8 90 30 50 44.0 3.67 80.7 4.67 124.7 125 51.3 4.28 109.6 5.28 160.9 160 58.7 4.89 143.6 5.89 202.3 200 66.0 5.50 181.5 6.50 247.5 250 73.3 6.10 223.9 7.10 55 80.7 6.72 271.4 7.72 60 88.0 7.33 322.7 8.33 297.2 300 352.1 350 410.7 410 • City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 1, 2003 AGENDA ITEM NO. 3 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES A, AND AUTHORIZING ACTIONS RELATED THERETO PREPARED BY George H. Eiser, III DEPARTMENT City Attorney Ext. 4221 EXPLANATION Marylou Matienzo ''J Director of Finance Ext. 4331 The City received authorization at the March 5, 2002 election by affirmative vote of 73% of the eligible voters within the City to issue $6 Million of general obligation bonds. The proposed resolution does the following: • Authorizes the issuance and sale of $6 Million in general obligation bonds. • Approves the preliminary Official Statement, which describes the bonds, and which is on file in the Office of the City Clerk. • Authorizes the publication of the Notice of Intention to Sell Bonds. • Directs the proceeds of the bond sale to be deposited by the City Treasurer in the Debt Service Account (from which project costs are paid). • Appoints Union Bank of California as Paying Agent, which pays interest and principal on the bonds. • Authorizes the Mayor, City Manager, City Clerk, Finance Director, City Treasurer and all other officers of the City to execute all documents necessary for the issuance, sale and delivery of bonds. i Environmental Review X N/A Lategoricat Lxemption California Code of Regulations, Title 14, Section 15332 Financial Statement Issuance of the Library Bond has no direct impact on the Approved By:rn` �7 , General Fund because payment of bonds will be from the parcel tax that was ante irector approved by the voters, therefore, staff recommends the approval, issuance and sale of the Library Bonds for the construction of the new library. Account No. (STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2003-43 Proposed resolution Notice of Intention to Sell Bonds Preliminary Official Statement — This document may be reviewed in the City Clerk's office. A -too (9i99) RESOLUTION NO. 2003 — 43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES A, AND AUTHORIZING ACTIONS RELATED THERETO WHEREAS, pursuant to Chapter 4 (commencing with Section 43600) of Division 4 of Title 4 of the California Government Code (the "Act"), the City of National City (the "City") is empowered to issue general obligation bonds which are authorized by two-thirds of the electors voting on the proposition; and WHEREAS, more than two-thirds of the electors voting at a special municipal election held on March 5, 2002, voted for a proposition authorizing the issuance by the City of general obligation bonds in the aggregate principal amount of $6,000,0000; and WHEREAS, the City now intends to issue general obligation bonds pursuant to such authority in an aggregate principal amount of $6,000,000 (the "Bonds") pursuant to this Resolution and in conformity with the Act; and WHEREAS, the City Council wishes at this time to take action authorizing the issuance, sale and delivery of the Bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council does hereby FIND, DETERMINE and ORDER as follows: TABLE. OF CONTENTS ARTICLE I Definitions; Authority Section 1.01 Definitions . 1 Section 1.02 Interpretation . 4 Section 1.03 Authority for this Resolution; Findings.. 4 ARTICLE II The Bonds Section 2.01 Authorization . 5 Section 2.02 Terms of Bonds.. 5 Section 2.03 Redemption.. 6 Section 2.04 Form of Bonds.. 7 Section 2.05 Execution of Bonds.. 7 Section 2.06 Transfer of Bonds.. 7 Section 2.07 Exchange of Bonds.. 8 Section 2.08 Registration Books.. 8 Section 2.09 Temporary Bonds.. 8 Section 2.10 Bonds Mutilated, Lost, Destroyed or Stolen.. 8 Section 2.11 Book Entry System.. 9 ARTICLE III Sale and Issue of Bonds; Security for the Bonds Section 3.01 Issuance and Delivery of Bonds. 11 Section 3.02 Authorization to Sell Bonds. 11 Section 3.03 Publication of Notice of Intention to Sell Bonds 12 Section 3.04 Application of Proceeds of Sale of Bonds. 12 ARTICLE IV Funds and Accounts Section 4.01 Proceeds Account. 13 Section 4.02 Administration and Disbursements From Proceeds Account. 13 Section 4.03 Debt Service Account. 13 Section 4.04 Administration and Disbursements From Debt Service Account. 13 Section 4.05 Redemption Account. 14 Section 4.06 Administration and Disbursements From Redemption Account. 14 Section 4.07 Investment of Moneys. 14 ARTICLE V Other Covenants of the City Section 5.01 Punctual Payment. 15 Section 5.02 Extension of Time for Payment. 15 . Section 5.03 Security for the Bonds. 15 Section 5.04 Books and Accounts; Financial Statement 15 Section 5.05 Protection of Security and Rights of Owners. 15 Section 5.06 Tax Covenants. 16 Section 5.07. Continuing Disclosure. 16 Section 5.08 Further Assurances. 16 ARTICLE VI The Paying Agent Section 6.01 Appointment of Paying Agent. 17 Section 6.02 Paying Agent May Hold Bonds. 17 Section 6.03 Liability of Agents. 17 Section 6.04 Notice to Agents. 18 Section 6.05 Compensation; Indemnification. 18 ARTICLE VII Remedies of OWNERS Section 7.01 Remedies of Owners. 19 Section 7.02 Remedies Not Exclusive. 19 ARTICLE VIII Amendment of this Resolution Section 8.01 Amendments Effective Without Consent of the Owners. 20 Section 8.02 Amendments Effective With Consent to the Owners. 20 ARTICLE IX Miscellaneous Section 9.01 Benefits of Resolution Limited to Parties. 21 Section 9.02 Defeasance. 21 Section 9.03 Execution of Documents and Proof of Ownership by Owners. 23 Section 9.04 Waiver of Personal Liability. 23 Section 9.05 Destruction of Canceled Bonds. 23 Section 9.06 Partial Invalidity. 23 Section 9.07 Execution of Documents. 23 Section 9.08 Effective Date of Resolution. 24 EXHIBIT A OFFICIAL NOTICE OF SALE EXHIBIT B FORM OF BOND EXHIBIT C NOTICE OF INTENTION TO SELL BONDS ARTICLE I DEFINITIONS; AUTHORITY Section 1.01. Definitions. The terms defined in this Section 1.01, as used and capitalized herein, shall, for all purposes of this Resolution, have the meanings ascribed to them below, unless, the context clearly requires some other meaning. "Act" means Chapter 4 of Division 4 of Title 4 of the Government Code of the State of California, as is in effect on the date of adoption hereof and as amended hereafter. "Authorized Investments" means any investments permitted by law to be made with moneys belonging to, or in the custody of, the City. "Bond. Counsel" means (a) the firm of Jones Hall, A Professional Law Corporation, or (b) any other attorney or firm of attorneys nationally recognized for expertise in rendering opinions as to the legality and tax exempt status of securities issued by public entities. "Bonds" means the City of National City General Obligation Bonds, Election of 2002, Series A, at any time Outstanding pursuant to this Resolution. "City" means the City of National City, a general law city and municipal corporation organized under the Constitution and laws of the. State of California, and any successor thereto. "City Representative" means the City Manager or Finance Director of the City, or any other person authorized by resolution of the City Council of the City to act on behalf of the City with respect to this Resolution and the Bonds. "City Treasurer" means the treasurer of the City or other duly appointed officer of the City authorized by resolution of the City Council to perform the functions of the treasurer. "Closing Date" means the date upon which there is a physical delivery of the Bonds in exchange for the amount representing the purchase price of the bonds by the Original Purchaser. "Costs of Issuance" means all items of expense directly or indirectly payable by or reimbursable to the City and related to the authorization, issuance, sale and delivery of the. Bonds, including but not limited to the costs, of preparation and reproduction of documents, printing expenses, publication fees, filing fees, initial fees and charges of the Paying Agent and their respective counsel, legal fees and charges, fees and expenses of the City's financial advisor, fees and disbursements of consultants and professionals, rating agency fees, municipal bond insurance premium, fees and charges for preparation, execution and safekeeping of the Bonds and any other cost, charge or fee in connection with the original issuance of the Bonds. "Debt Service Account" means the account by that name established pursuant to Section 4.03. 1 "Depository" means (a) initially, DTC, and (b) any other Securities Depository acting as Depository pursuant to Section 2.11. "Depository System Participant" means any participant in the Depository's book -entry system. "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns. "Federal Securities" means United States Treasury notes, bonds, bills or certificates of indebtedness, or any other obligations the timely payment of which is directly or indirectly guaranteed by the faith and credit of the United States of America. "Information Services" means Financial Information, Inc.'s "Daily Called Bond Service', 30 Montgomery Street, 10th Floor, Jersey City, NJ 07302, Attention: Editor; Kenny Information Services' "Called Bond Service", 65 Broad Street, 16th Floor, New York, NY 10006; Moody's Investors Service "Municipal and Government", 99 Church Street, 8th Floor, New York, NY 10007, Attention: Municipal News Reports; Standard & Poor's "Called Bond Record", 25 Broadway, 3rd Floor, New York, NY 10004; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other services providing information with respect to called bonds as the City may designate in a Written Request of the City delivered to the Paying Agent. "Interest Payment Date" means the first day of February and August in each year, commencing February 1, 2004. "Original Purchaser" means the financial institution submitting the best bid for the purchase of the Bonds. "Outstanding", when used as of any particular time with reference to Bonds, means all Bonds except: (a) Bonds theretofore canceled by the Paying Agent or surrendered to the Paying Agent for cancellation; (b) Bonds paid or deemed to have been paid within the meaning of Section 9.02; and (c) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the City pursuant to this Resolution. "Owner", whenever used herein with respect to a Bond, means the person in whose name the ownership of such Bond is registered on the Registration Books. "Paying Agent" means the Paying Agent appointed by the City and acting as paying agent, registrar and authenticating agent for the Bonds, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 6.01. "Principal Amount" means $6,000,000. "Principal Office" means the office or offices of the Paying Agent for the payment of the Bonds and the administration of its duties hereunder, as such office or offices shall be identified in a written notice filed with the City by the Paying Agent. "Proceeds Account" means the account by that name established pursuant to Section 4.01. "Project" means the City's new library project approved by the voters on March 5, 2002. "Project Costs" means (i) all costs of payment of, or reimbursement for, acquisition, construction, installation and equipment of the Project including, but not limited to, architect and engineering fees, contractor payments, costs of feasibility and other reports, inspection costs, performance bond premiums and permit fees, provided that any such costs are directly related to the acquisition or improvement of real property; (ii) Costs of Issuance; and (iii) costs directly related to the administration of the funds and accounts created under this Resolution. "Record Date" means the fifteenth (15th) day of the month preceding an Interest Payment Date, whether or not such day is a business day. "Redemption Account" means the account by that name established by Section 4.05. "Registration Books" _ means the records maintained by the Paying Agent for the registration of ownership and registration of transfer of the Bonds pursuant to Section 2.08. "Resolution" means this Resolution, as originally adopted by the City Council and including all amendments hereto and supplements hereof which are duly adopted by the City Council from time to time in accordance herewith. "Securities Depositories" means The Depository Trust Company, 711 Stewart Avenue, Garden City, NY 11530, Fax (516) 227-4039 or 4190; Midwest Securities Trust Company, Capital Structures -Call Notification, 440 South LaSalle Street, Chicago, IL 60605, Fax (312) 663-2343; Philadelphia Depository Trust Company, Reorganization Division, 1900 Market Street, Philadelphia, PA 19103, Attention: Bond Department, _ Fax (215) 496-5058; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other securities depositories as the City may designate in a Written Request of the City delivered to the Paying Agent. "State" means the State of California. "Supplemental Resolution" means any resolution supplemental to or amendatory of this Resolution, adopted by the City in accordance with Article VIII. "Tax Code" means the Internal Revenue Tax Code of 1986. Any reference to a provision of the Tax Code shall include the applicable temporary and permanent regulations promulgated with respect to such provision. "Term Bonds" means those Bonds for which mandatory redemption dates have been established in accordance with the Notice of Sale. "Written Request of the City" means an instrument in writing signed by the City Representative or by any other officer of the City duly authorized to act on behalf of the City pursuant to a written certificate of the City Representative. 3 Section 1.02. Interpretation. (a) Unless the context otherwise indicates, words expressed in the singular shall include the plural and vice versa and the use of the neuter, masculine, or feminine gender is for convenience only and shall be deemed to include the neuter, masculine or feminine gender, as appropriate. (b) Headings of articles and sections herein and the table of contents hereof are solely for convenience of reference, do not constitute a part hereof and shall not affect the meaning, construction or effect hereof. (c) All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Indenture; the words "herein," "hereof," "hereby," "hereunder" and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof. Section 1.03. Authority for this Resolution; Findings. This Resolution is entered into pursuant to the provisions of the Act. The City Council hereby determines that prudent management of the fiscal affairs of the City requires the issuance of the Bonds under the Act for the purpose of funding Project Costs. It is hereby certified that all of the things, conditions and acts required to exist, to have happened or to have been performed precedent to and in the issuance of the Bonds do exist, have happened or have been performed in due and regular time and manner as required by the laws of the State including the Act, and that the amount of the Bonds, together with all other indebtedness of the City, does not exceed any limit prescribed by any laws of the State. 4 ARTICLE II THE BONDS Section 2.01. Authorization. Bonds in the aggregate principal amount of not to exceed the Principal Amount are hereby authorized to be issued by the City under and subject to the terms of the Act and this Resolution, for the purpose of funding Project Costs. This Resolution constitutes a continuing agreement with the Owners of all of the Bonds issued or to be issued hereunder and then Outstanding to secure the full and final payment of principal of and premium, if any, and the interest on all Bonds which may from time to time be issued and delivered hereunder, subject to the covenants, agreements, provisions and conditions herein contained. The Bonds shall be designated the "City of National City General Obligation Bonds, Election of 2002, Series A". Section 2.02. Terms of Bonds. (a) Form; Numbering. The Bonds shall be issued as fully registered Bonds, without coupons, in the denomination of $5,000 each or any integral multiple thereof, but in an amount not to exceed the aggregate principal amount of Bonds maturing in the year of maturity of the Bond for which the denomination is specified. Bonds shall be lettered and numbered as the Paying Agent shall prescribe. (b) Date of Bonds. The Bonds shall be dated the Closing Date. (c) CUSIP Identification Numbers. "CUSIP" identification numbers shall be imprinted on the Bonds, but such numbers shall not constitute a part of the contract evidenced by the Bonds and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and pay for the Bonds. In addition, failure on the part of the City to use such CUSIP numbers in any notice to Owners of the Bonds shall not constitute an event of default or any violation of the City's contract with such Owners and shall not impair the effectiveness of any such notice. (d) Maturities; Interest. The Bonds shall mature on August 1 in each of the years, in the amounts, and shall bear interest (calculated on the basis of a 360-day year comprised of twelve 30-day months) at the rates, all as shall be determined upon the sale of the Bonds, as set forth in Section 3.02 hereof and shall be as described in the Official Statement for the Bonds. Each Bond shall bear interest from the Interest Payment Date next preceding the date of registration and authentication thereof unless (i) it is authenticated as of an Interest Payment Date, in which event it shall bear interest from such date, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the preceding Record Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated on or before the first Record Date, in which event it shall bear interest from the Closing Date; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. 5 (e) Payment. Interest on the Bonds (including the final interest payment upon maturity or redemption) is payable by check or draft of the Paying Agent mailed to the Owner thereof at such Owner's address as it appears on the Registration Books at the close of business on the preceding Record Date; provided that at the written request of the Owner of at least $1,000,000 aggregate principal amount of the Bonds, which written request is on file with the Paying Agent as of any Record Date, interest on such Bonds shall be paid on the succeeding Interest Payment Date by wire transfer of the Paying Agent to such account as shall be specified in such written request. Principal of and premium (if any) on the Bonds is payable in lawful money of the United States of America upon presentation and surrender at the Principal Office of the Paying Agent. Section 2.03. Redemption. (a) Redemption Dates and Prices. Unless otherwise specified in the Notice of Sale or the Official Statement, the Bonds maturing on or before August 1, 2012, are non -callable. The Bonds maturing on or after August 1, 2013, are subject, at the option of the City, to call for redemption prior to their stated maturities in whole, or in part, at the election of the City, either in inverse order of maturity or on a pro rata basis among maturities, and in all cases by lot within any one maturity, on or after August 1, 2012, upon payment of a redemption price equal to the principal amount to be redeemed and accrued interest to the date fixed for redemption, without premium. (b) Mandatory Sinking Fund Redemption Of Term Bonds. The Term Bonds are subject to mandatory sinking fund redemption prior to their maturity, by lot, without premium, on each August 1, in the years and in the amounts as specified in the Official Statement or as otherwise specified in the winning bid for the Bonds. (c) Redemption Procedure, The Paying Agent shall cause notice of any redemption to be mailed, first class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed for redemption, to (i) one or more of the Information Services, and (ii) to the respective Owners of any Bonds designated for redemption, at their addresses appearing on the Registration Books; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice shall not affect the validity of the proceedings for the redemption of such Bonds. In addition, notice of redemption shall be given by telecopy or certified, registered or overnight mail to each of the Securities Depositories. Such notice shall state the redemption date and the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the serial numbers of the Bonds to be redeemed by giving the individual number of each Bond or by stating that all Bonds between two stated numbers, both inclusive, or by stating that all of the Bonds of one or more maturities have beencalled for redemption, and shall require that such Bonds be then surrendered at the Principal Office of the Paying Agent for redemption at the said redemption price, giving. notice also that further interest on such Bonds will not accrue from and after the redemption date. Upon surrender of Bonds redeemed in part only, the City shall execute and the Paying Agent shall authenticate and deliver to the Owner, at the expense of the City, a new Bond or Bonds, of the same maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. 6 From and after the date fixed for redemption, if notice of such redemption shall have been duly given and funds available for the payment of the principal of and interest (and premium, if any) on the Bonds so called for redemption shall have been duly provided, such Bonds so called shall cease to be entitled to any benefit under this Resolution other than the right to receive payment of the redemption price, and no interest shall accrue thereon on or after the redemption date specified in such notice. All Bonds redeemed pursuant to this Section 2.03 shall be canceled by the Paying Agent, and a certificate of cancellation shall be submitted by the Paying Agent to the City. Section 2.04. Form of Bonds. The Bonds, the form of the Paying Agent's certificate of authentication and registration and the form of assignment to appear thereon shall be substantially in the forms, respectively, with necessary or appropriate variations., omissions and insertions, as permitted or required by this Resolution, as are set forth in Exhibit B attached hereto. Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the City by the facsimile signatures of its Mayor and City Clerk who are in office on the date of adoption of this Resolution or at any time thereafter, and the seal of the City shall be impressed, imprinted or reproduced by facsimile thereon. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the purchaser, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bonds to the purchaser. Any Bond may be signed and attested on behalf of the City by such persons as at the actual date of the execution of such Bond shall be the proper officers of the City although atthe nominal date of such Bond any such person shall not have been such officer of the City. Only such Bonds as shall bear thereon a certificate of authentication and registration in the form set forth in Exhibit A attached hereto, executed and dated by the Paying Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and . such certificate of the Paying Agent shall be conclusive evidence that the Bonds so registered have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Resolution. Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the Registration Books, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation at the Principal Office of the Paying Agent, accompanied by delivery of a written instrument of transfer in a form approved by the Paying Agent, duly executed. The City may charge a reasonable sum for each new Bond issued upon any transfer. Whenever any Bond or Bonds shall be surrendered for transfer, the City shall execute and the Paying Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. No transfers of Bonds shall be required to be made . (a) fifteen (15) days prior to the date established by the Paying Agent for selection of Bonds for redemption or (b) with respect to a Bond which has been selected for redemption. 7 Section 2.07. Exchange of Bonds. Bonds may be exchanged at the Principal Office of the Paying Agent for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity. The City may charge a reasonable sum for each new Bond issued upon any exchange (except in the case of any exchange of temporary Bonds for definitive Bonds) and the Paying Agent shall require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Bonds shall be required to be made (a) fifteen (15) days prior to the date established by the Paying Agent for selection of Bonds for redemption or (b) with respect to a Bond after such Bond has been selected for redemption. Section 2.08. Registration Books. The Paying Agent shall keep or cause to be kept sufficient books for the registration and transfer of the Bonds, which shall at all times be open to inspection by the City upon reasonable notice; and, upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, Bonds as herein before provided. Section 2.09. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the City, and may contain such reference to any of the provisions of this Resolution as may be appropriate. Every temporary Bond shall be executed by the City upon the same conditions and in substantially the same manner as the definitive Bonds. If the City issues temporary Bonds it will execute and furnish definitive Bonds without delay, and thereupon the temporary Bonds may be surrendered, for cancellation, in exchange therefor at the Principal Office of the Paying Agent and the Paying Agent shall deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary Bonds shall be entitled to the same benefits pursuant to this Resolution as definitive Bonds executed and delivered hereunder. Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated the City, at the expense of the Owner of said Bond, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new Bond of like maturity and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Paying Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Paying Agent shall be canceled by it and delivered to, or upon the order of, the City. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the City and, if such evidence be satisfactory to the City and indemnity satisfactory to it shall be given, the City, at the expense of the Owner, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new Bond of like maturity and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The City may require payment of a sum not exceeding the actual cost of preparing each new Bond issued under this Section 2.10 and of the expenses which may be incurred by the City and the Paying Agent in the premises. Any Bond issued under the provisions of this Section 2.10 in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the City whether or not the Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be 8 equally and proportionately entitled to the benefits of this Resolution with all other Bonds issued pursuant to this Resolution. Notwithstanding any other provision of this Section 2.10, in lieu of delivering a new Bond for which principal has or is about to become due for a Bond which has been mutilated, lost, destroyed or stolen, the Paying Agent may make payment of such Bond in accordance with its terms. Section 2.11. Book Entry System. (a) Original Delivery. The Bonds shall be initially delivered in the form of a separate single fully registered Bond (which may be typewritten) for each maturity of the Bonds. Upon initial delivery, the ownership of each such Bond shall be registered on the Registration Books in the name of Cede & Co. (the "Nominee"). Except as provided in subsection (c), the ownership of all of the Outstanding Bonds shall be registered in the name of the Nominee on the Registration Books. With respect to Bonds the ownership of which shall be registered in the name of the Nominee, the City and the Paying Agent shall have no responsibility or obligation to any Depository System Participant or to any person on behalf of which the Depository holds an interest in the Bonds. Without limiting the generality of the immediately preceding sentence, the City and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of the Depository, the Nominee or any Depository System Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository System Participant or any other person, other than an Owner as shown in the Registration Books, of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interests in the Bonds to be redeemed in the event the City elects to redeem the Bonds in part, (iv) the payment to any Depository System Participant or any other person, other than an Owner as shown in the Registration Books, of any amount with respect to principal, premium, if any, or interest on the Bonds or (v) any consent given or other action taken by the Depository as Owner of the Bonds. The City and the Paying Agent may treat and consider the person in whose name each Bond is registered as the absolute owner of such Bond for the purpose of payment of principal, premium and interest on such Bond, for the purpose of. giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers of ownership of such Bond, and for all other purposes whatsoever. The Paying Agent shall pay the principal of and interest and premium, if any, on the Bonds only to the respective Owners or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to payment of principal of and interest and premium, if any, on the Bonds to the extent of the sum or sums so paid. No person other than an Owner shall receive a Bond evidencing the obligation of. the City to make payments of principal, interest and premium, if any, pursuant to this Resolution. Upon delivery by the Depository to the Nominee of written notice to the effect that the Depository has determined to substitute a new nominee in its place, and subject to the provisions herein with respect to Record Dates, such new nominee shall become the Nominee hereunder for all purposes; and upon receipt of such a notice the City shall promptly deliver a copy of the same to the Paying Agent. (b) Representation Letter. In order to qualify the Bonds for the Depository's book -entry system, the City and the Paying Agent shall execute and deliver to such Depository a letter representing such matters as shall be necessary to so qualify the Bonds. The execution and delivery of such letter shall not in any 9 way limit the provisions of subsection (a) above or in any other way impose upon the City or the Paying Agent any obligation whatsoever with respect to persons having interests in the Bonds other than the Owners. The Paying Agent agrees to comply with all provisions in such letter with respect to the giving of notices thereunder by the Paying Agent. In addition to the execution and delivery of such letter, the City may take any other actions, not inconsistent with this Resolution, to qualify the Bonds for the Depository's book -entry program. (c) Transfers Outside Book -Entry System. In the event that either (i) the Depository determines not to continue to act as Depository for the Bonds, or (ii) the City determines to terminate the Depository as such, then the City shall thereupon discontinue the book -entry system with such Depository. In . such event, the Depository shall cooperate with the City and the Paying Agent in the issuance of replacement Bonds by providing the Paying Agent with a list showing the interests of the Depository System Participants in the Bonds, and by surrendering the Bonds, registered in the name of the Nominee, to the Paying Agent on or before the date such replacement Bonds are to be issued. The Depository, by accepting delivery of the Bonds, agrees to be bound by the provisionsof this subsection (c). If, prior to the terminationof the Depository acting as such, the City fails to identify another Securities Depository to replace the Depository, then the Bonds shall no longer be required to be registered in the Registration Books in the name of the Nominee, but shall be registered in whatever name or names the Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Article 2. Prior to its termination, the Depository shall furnish the Paying Agent with the names and addresses of the Participants and respective ownership interests thereof. (d) Payments to the Nominee. Notwithstanding any other provision of this Resolution to the contrary,so long as any Bond is registered in the name of the Nominee, all payments by the City or the Paying Agent with respect to principal of and interest and premium, if any, on such Bond and all notices with respect to such Bond shall be made and given, respectively, as provided in the letter described in subsection (b) of this Section or as otherwise instructed by the Depository. 10 ARTICLE III SALE AND ISSUE OF BONDS; SECURITY FOR THE BONDS Section 3.01. Issuance and Delivery of Bonds. (a) Issuance of Bonds. At any time after the adoption of this Resolution, the City may issue and deliver Bonds in the aggregate principal amount of up to the Principal Amount. (b) Maturities, Principal Amounts and Interest Rates. The maturities of the Bonds, the principal amount of each maturity and the interest rate borne by each maturity shall be as set forth in the Official Statement as executed by the Finance Director. (c) Official Statement. The City Council hereby approvesand deems nearly final, within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Bonds in the form on file with the City Clerk. The Finance Director is hereby authorized to execute an appropriate certificate stating the City Council's determination that the preliminary Official Statement has been deemed nearly final within the meaning of such Rule. The Finance Director is hereby authorized and directed to cause the preliminary Official Statement to be distributed to the Original Purchaser, for transmission by the Original Purchaser to such municipal bond broker -dealers, to such banking institutions and to such other persons as may be interested in purchasing the Bonds. The Finance Director is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, and the execution thereof by the Finance Director shall be conclusive evidence of approval of any such changes and additions. The final Official Statement shall be executed in the name and on behalf of the City by the Finance Director. The City Council hereby authorizes the distribution of the final Official Statement by the Original Purchaser. (d) Printing of Bonds. The City Treasurer is hereby directed to cause the Bonds to be reproduced, signed and sealed, and to be delivered to the Paying Agent. (e) Delivery of Bonds. The Paying Agent is hereby authorized to authenticate and deliver the Bonds to the Original Purchaser, upon receipt by the Paying Agent of a Written Request of the City directing such delivery. Section 3.02. Authorization to Sell Bonds. The City hereby calls for bids to be received for the purchase of the Bonds on Thursday, April 24, 2003, at the hour of 10:00 a.m. at the office of Stone & Youngberg LLC, 4350 La Jolla Village Drive, Suite 140, San Diego, CA 92122. Bids shall be received, and the Bonds shall be sold, subject to the terms and conditions set forth in the Official Notice of Sale in the form attached hereto as Exhibit A. The Finance Director of the City is hereby authorized to award the sale to the best responsible bidder. At the determination of the Finance Director, the date set for receipt Of bids may be fixed at such earlier or later date as the Finance Director shall deem to be in the best interests of the City. 11 ARTICLE III SALE AND ISSUE OF BONDS; SECURITY FOR THE BONDS Section 3.01. Issuance and Delivery of Bonds. (a) Issuance of Bonds. At any time after the adoption of this Resolution, the City may issue and deliver Bonds in the aggregate principal amount of up to the Principal Amount. (b) Maturities, Principal Amounts and Interest Rates. The maturities of the Bonds, the principal amount of each maturity and the interest rate borne by each maturity shall be as set forth in the Official Statement as executed by the Finance Director. (c) Official Statement. The City Council hereby approves and deems nearly final, within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Bonds in the form on file with the City Clerk. The Finance Director is hereby authorized to execute an appropriate certificate stating the City Council's determination that the preliminary Official Statement has been deemed nearly final within the meaning of such Rule. The Finance Director is hereby authorized and directed to cause the preliminary Official Statement to be distributed to the Original Purchaser, for transmission by the Original Purchaser to such municipal bond broker -dealers, to such banking institutions and to such other persons as may be interested in purchasing the Bonds. The Finance Director is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, and the execution thereof by the Finance Director shall be conclusive evidence of approval of any such changes and additions. The final Official Statement shall be executed in the name and on behalf of the City by the Finance Director. The City Council hereby authorizes the distribution of the final Official Statement by the Original Purchaser. (d) Printing of Bonds. The City Treasurer is hereby directed to cause the Bonds to be reproduced, signed and sealed, and to be delivered to the Paying Agent. (e) Delivery of Bonds. The Paying Agent is hereby authorized to authenticate and deliver the Bonds to the Original Purchaser, upon receipt by the Paying Agent of a Written Request of the City directing such delivery. Section 3.02. Authorization to Sell Bonds. The City hereby calls for bids to be received for the purchase of the Bonds on Thursday, April 24, 2003, at the hour of 10:00 a.m. at the office of Stone & Youngberg LLC, 4350 La Jolla Village Drive, Suite 140, San Diego, CA 92122. Bids shall be received, and the Bonds shall be sold, subject to the terms and conditions set forth in the Official Notice of Sale in the form attached hereto as Exhibit A. The Finance Director of the City is hereby authorized to award the sale to the best responsible bidder. At the determination of the Finance Director, the date set for receipt of bids may be fixed at such earlier or later date as the Finance Director shall deem to be in the best interests of the City. 11 Section 3.03. Publication of Notice of Intention to Sell Bonds. The City Clerk of the City is hereby authorized and directed to cause to be published the Notice of Intention to Sell Bonds one time in a newspaper of general circulation published in the City, such publication to be not later than five (5) days prior to the date set for receipt of bids for purchase of the Bonds. Such notice shall be substantially in the form attached hereto as Exhibit C and by this reference incorporated herein, together with any changes deemed advisable by the City Finance Director of the City, upon consultation with the financial advisor, the City Attorney and bond counsel for the Bonds. The City Clerk is further hereby authorized and directed to cause to be published the Notice of Intention substantially in the form set forth in Exhibit C attached hereto and by thisreference incorporated herein in The Bond Buyer, a financial publication generally circulated throughout the State of California, such publication to occur not later than fifteen (15) days prior to the date set forth receipt of bids for the purchase of the Bonds. Section 3.04. Application of Proceeds of Sale of Bonds. On the Closing Date, the proceeds of sale of the Bonds shall be applied as follows: (a) The amount of, accrued interest shall be paid to the City Treasurer and deposited by the City Treasurer in the Debt Service Account. (b) The remainder of such proceeds shall be deposited by the City Treasurer in the Proceeds Account. 12 ARTICLE IV FUNDS AND ACCOUNTS Section 4.01. • Proceeds Account. There is hereby created, as an account within the General Fund of the City, the "General Obligation Bonds, Election of 2002, Series A, Bond Proceeds Account" (the "Proceeds Account"), which shall be maintained by the City Treasurer as a separate account, distinct from all other funds of the City, into which shall be paid on receipt thereof, the portion of the Bond proceeds designated in Section 3.04(b). The Proceeds Account shall be administered and disbursements made in the manner set forth in Section 4.02. Section 4.02. Administration and Disbursements From Proceeds Account. Amounts in the Proceeds Account shall be disbursed for Project Costs. Disbursements from the Proceeds Account shall be made by the City Treasurer upon receipt of a certificate requesting disbursement executed or approved by a City Representative. Each such certificate shall: (a) set forth the amounts tobe disbursed for payment or reimbursement of previous payments of Project Costs and the person or persons to whom said amounts are to be disbursed; (b) state that the amounts to be disbursed constitute Project Costs, that said amounts are required to be disbursed pursuant to a contract entered into therefore by or on behalf of the City, or were necessarily and reasonably incurred and that said amounts are not being paid in advance of the time, if any, fixed for payment; and (c) state that no amount set forth in the certificate was included in any certificate requesting disbursement previously filed with the City Treasurer pursuant to this Section 4.02. When the City has determined that the Project is complete, and that all Project Costs to be paid from amounts on hand in the Proceeds Account have been paid, any funds then remaining in the Proceeds Account shall be transferred to the Debt Service Account. Section 4.03. Debt Service Account. There is hereby created, as an account within the General Fund of the City, the "General Obligation Bonds, Election of 2002, Series A, Debt Service Account" (the "Debt Service Account"), which shall be maintained by the City Treasurer as a separate account, distinct from all other funds of the City. The Debt Service Account shall be administered and disbursements made in the manner and in the order progressively set forth in Section 4.04. Section 4.04. Administration and Disbursements From Debt Service Account. • (a) Interest. From the proceeds of property taxes received from the County Treasurer -Tax Collector in each Fiscal Year, commencing Fiscal Year 2003/2004, the City Treasurer shall deposit in the Debt Service Account an amount which, when added to the amount contained in the Debt Service Account on that date, if any, will be equal to the aggregate amount of the interest becoming due and payable on the Outstanding Bonds on the next Interest Payment Date. 13 (b) Principal. From the proceeds of property taxes received from the County Treasurer -Tax Collector in each Fiscal Year, commencing Fiscal Year 2003/2004, the City Treasurer shall deposit in the . Debt Service Account an amount which will be equal to the principal becoming due and payable on the Outstanding Bonds on the next occurring August 1. All moneys in the Debt Service Account shall be used and withdrawn by the City Treasurer solely for the purpose of paying the principal of and interest on the Bonds as the same shall become due and payable. On or before the last business day of July and January in each year, commencing January 31, 2004, the City Treasurer shall transfer to the Paying Agent moneys on deposit in the Debt Service Account for application by the Paying Agent on the next succeeding Interest Payment Date to the payment of principal of and interest on the Bonds. Any funds remaining in the Debt Service Account after payment in full of all principal and interest on the Bonds, may be then transferred by the Treasurer to the City's General Fund. Section 4.05. Redemption Account. There is hereby created, as an account within the General Fund of the City, the ''General Obligation Bonds, Election of 2002, Series A Redemption Account" (the "Redemption Account"), which shall be maintained by the City Treasurer as a separate account, distinct from all other funds of the City. The Redemption Account shall be administered and disbursements made in the manner set forth in Section 4.06. Section 4.06. Administration and Disbursements From Redemption Account. The Redemption Account shall be maintained by the City Treasurer to pay for the prior redemption of the Bonds. Any funds legally available may, at any time on or after August 1, 2012, at the option of the City, be paid to the City Treasurer for deposit in the Redemption Account and application to the prior redemption of Bonds on August 1, 2012 or any date thereafter pursuant to Section 2.03(a). In addition, the Redemption Account shall be maintained by the City Treasurer to pay for the prior redemption of the Term Bonds, if any, in accordance with Section 2.03(b), in the amounts and in the years set forth in the Official Statement. Any funds remaining in the Redemption Account after payment in full of the redemption price of all Bonds subject to redemption in accordance with Section 2.03(a) or 2.03(b), may be then transferred by the Treasurer to the City's General Fund. Section 4.07. Investment of Moneys. Amounts on deposit in the Proceeds Account, the Debt Service Account and the Redemption Account may be invested in Authorized Investments. Earnings on the investment of amounts held in any fund or account established hereunder shalt be credited to the respective fund or account from which such investments are made. 14 ARTICLE V OTHER COVENANTS OF THE CITY Section 5.01. Punctual Payment. The City will punctually pay, or cause to be paid, the principal of and interest on the Bonds, in strict conformity with the terms of the Bonds and of this Resolution, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Resolution and of the Bonds. Nothing herein contained shall prevent the City from making advances of its own moneys howsoever derived to any of the uses or purposes permitted by law. Section 5.02. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the City will not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and will not, directly or indirectly, approve any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the City, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Resolution, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have so extended or funded. Section 5.03. Security for the Bonds. The Bonds are general obligations of the City, and the City has the power, is obligated and hereby covenants to levy ad valorem taxes upon all property within the City subject to taxation by the City, without limitation of rate or amount, for the payment of the Bonds and the interest thereon. The City hereby covenants to direct the County of San Diego to levy and collect such ad valorem taxes in such amounts and at such times as is necessary to ensure the timely payment of principal of and interest on the Bonds. Further, if and to the extent the amount of such ad valorem taxes so collected is insufficient to pay Debt Service, the City shall be obligated to use any other moneys lawfully available therefore to pay principal of and interest on the Bonds. Section 5.04. Books and Accounts; Financial Statement. The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City in whichcomplete and correct entries shall be made of all transactions relating to the Project. Such books of record and accounts shall at all times during business hours be subject to the inspection of the Paying Agent and the Owners of not less than ten percent (10%) in aggregate principal amount of the Bonds then Outstanding, or their representatives authorized in writing. Section 5.05. Protection of Security and Rights of Owners. The City will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Bonds by the City, the Bonds shall be incontestable by the City. 15 Section 5.06. Tax Covenants. (a) Private Activity Bond Limitation. The City shall assure that the proceeds of the Bonds are not so used as to cause the Bonds tosatisfy the private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the Code. (b) Federal Guarantee Prohibition. The City shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Bonds to be "federally guaranteed" within the meaning of section 149(b) of the Code. (c) Rebate Requirement. The City shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Bonds. (d) No Arbitrage. The City shall not take, or permit orsuffer to be taken by the Paying Agent or otherwise, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be "arbitrage bonds" within the meaning of section 148 of the Code. (e) Maintenance of Tax -Exemption. The City shall take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the Owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds. Section 5.07. Continuing Disclosure. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, which shall be executed by a City Representative and delivered on the Closing Date. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered a default by the City hereunder or under the Bonds; however, any Participating Underwriter (as such term is defined in the Continuing Disclosure Certificate) or any holder or beneficial owner of the Bonds may, take such actions as may be necessary and appropriate to compel performance, including seeking mandate or specific performance by court order. Section 5.08. Further Assurances. The City will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Resolution, and for the better assuring and confirming unto the Owners of the Bonds of the. rights and benefits provided in this Resolution. 16 ARTICLE VI THE PAYING AGENT Section 6.01. Appointment of Paying Agent. Union Bank of California is hereby appointed Paying Agent for the Bonds. The Paying Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Resolution, and even during the continuance of an Event of Default, no implied covenants or obligations shall be read into this Resolution against the Paying Agent. The Paying Agent shall signify its acceptance of the duties and obligations imposed upon it by this Resolution by executing and delivering to the City a certificate to that effect. The City may remove the Paying Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company doing business and having an office in the State, having a combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 6.01 the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as setforth in its most recent report of condition so published. The Paying Agent may at any time resign by giving written notice to the City and the Owners of such resignation. Upon receiving notice of such resignation, the City shall promptly appoint a successor Paying Agent by an instrument in writing. Any resignation or removal of the Paying Agent and appointment of a successor Paying Agent shall become effective upon acceptance of appointment by the successor Paying Agent. Section 6.02. Paving Agent May Hold Bonds. The Paying Agent may become the owner of any of the Bonds in its own or any other capacity with the same rights it would have if it were not Paying Agent. Section 6.03. Liability of Agents. The recitals of facts, covenants and agreements herein and in the Bonds contained shall be taken as statements, covenants and agreements of the City, and the Paying Agent assumes no responsibility for the correctness of the same, nor makes any representations as to the validity or sufficiency of 'this Resolution or of the Bonds, nor shall incur any responsibility in respect thereof, other than as set forth in this Resolution. The Paying Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful misconduct. In the absence of bad faith, the Paying Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Paying Agent and conforming to the requirements of this Resolution. The Paying Agent shall not be liable for any error of judgment made in good faith by a responsible officer of its corporate trust department in the absence of the negligence or willful misconduct of the Paying Agent. 17 No provision of this Resolution shall require the Paying Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Paying Agent may execute any of the powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys. Section 6.04. Notice to Agents. The Paying Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Paying Agent may consult with counsel, who may be of counsel to the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Whenever in the administration of its duties under this Resolution the Paying Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of bad faith on the part of the Paying Agent, be deemed to be conclusively proved and established by a certificate of the City, and such certificate shall be full warrant to the Paying Agent for any action taken or suffered under the provisions of this Resolution upon the faith thereof, but in its discretion the Paying Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.05. Compensation; Indemnification. The City shall pay to the Paying Agent from time to time reasonable compensation for all services rendered under this Resolution, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of their attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Resolution. The Finance Director is hereby authorized to enter into an agreement, in form satisfactory to the Finance Director, and in a form approved by the City Attorney, with the Paying Agent for its services with respect to the Bonds. The City further agrees to indemnify and save the Paying Agent harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. 18 ARTICLE VII REMEDIES OF OWNERS Section 7.01. Remedies. of Owners. Any Owner shall have the right, for the equal benefit and protection of all Owners similarly situated: (a) by mandamus, suit, action or proceeding, to compel the City and its members, officers, agents or employees to perform each and every term, provision and covenant contained in this Resolution and in the Bonds, and to require the carrying out of any or all such covenants and agreements of the City and the fulfillment of all duties imposed upon it; (b) by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the Owners' rights; or (c) upon the happening and continuation of any default by the City hereunder or under the Bonds, by suit, action or proceeding in any court of competent jurisdiction, to require the City and its members and employees to account as if it and they were the trustees of an express trust. Section 7.02. Remedies Not Exclusive. No remedy herein conferred upon the Owners of Bonds shall be exclusive of any other remedy and that each and every remedy shall be cumulativeand shall be in addition to every other remedy given hereunder or thereafter conferred on the Owners. 19 ARTICLE VIII AMENDMENT OF THIS RESOLUTION Section 8.01. Amendments Effective Without Consent of the Owners. For any one or more of the following purposes and at any time or from time to time, a Supplemental Resolution of the City may be adopted, which, without the requirement of consent of the Owners of the Bonds, shall be fully effective in accordance with its terms: (a) To add to the covenants and agreements of the City in this Resolution, other covenants and agreements to be observed by the City which are not contrary to or inconsistent with this Resolution as theretofore in effect; (b) To confirm, as further assurance, any pledge under, and to subject to any lien or pledge created or to be created by, this Resolution, of any moneys, securities or funds, or to establish any additional funds or accounts to be held under this Resolution; (c) To cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in this Resolution, which in any event shall not materially adversely affect the interests of the Owners, in the opinion of Bond Counsel filed with the City; or (d) To make such additions, deletions or modifications as may be necessary to assure compliance with the applicable provisions of the Tax Code relating to the rebate of Excess Investment Earnings to the United States or otherwise as may be necessary to assure that the interest on the Bonds remains excludable from gross income of the Owners thereof for federal income tax purposes, in the opinion of Bond Counsel filed with the City. Section 8.02. Amendments Effective With Consent to the Owners. Any modification or amendment of this Resolution and of the rights and obligations of the City and of the Owners of the Bonds, in any particular, may be made by a Supplemental Resolution, with the written consent of the Owners of a majority in aggregate principal amount of the Bonds Outstanding at the time such consent is given. No such modification or amendment shall permit a change in the terms of maturity of the principal of any Outstanding Bonds or of any interest payable thereon or a reduction in the principal amount thereof or in the rate of interest thereon, or shall reduce the percentage of Bonds the consent of the Owners of which is required to effect any such modification or amendment, or shall change any of the provisions in Section 7.01 relating to Events of Default, or shall reduce the amount of moneys pledged for the repayment of the Bonds without the consent of all the Owners of such Bonds, or shall change or modify any of the rights or obligations of any Paying Agent without its written assent thereto. 20 ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Resolution Limited to Parties. Nothing in this Resolution, expressed or implied, is intended to give to any person other than the City, the Paying Agent and the Owners of the Bonds, any right, remedy, claim under or by reason of this Resolution. Any covenants, stipulations; promises or agreements in this Resolution contained by and on behalf of the City shall be for the sole and exclusive benefit of the Owners of the Bonds. Section 9.02. Defeasance. (a) Discharge of Resolution. Any Bond may be paid by the City in any of the following ways, provided that the City also pays or causes to be paid any other sums payable hereunder by the City: (i) by paying or causing to be paid the principal or redemption price of and interest on such Bonds, as and when the same become due and payable; (ii) by irrevocably depositing, in trust, at or before maturity, money or securities in the necessary amount (as provided in Section 9.02(c) hereof) to pay or redeem such Bonds; or it. (iii) by delivering such Bonds to the Paying Agent for cancellation by If the City shall Pay all Outstanding Bonds and shall also pay or cause to be paid all other sums payable hereunder by the City, then and in that case, at the election of the City (evidenced by a certificate of a City Representative filed with the Paying Agent, signifying the intention of the City to discharge all such indebtedness and this Resolution), and notwithstanding that any Bonds shall not have been surrendered for payment, this Resolution and other assets made under this Resolution and all covenants, agreements and other obligations of the City under this Resolution shall cease, terminate, become void and be completely discharged and satisfied, except only as provided in Section 9.02(b). In such event, upon request of the City, the Paying Agent shall cause an accounting for such period or periods as may be requested by the City to be prepared and filed with the City and shall execute and deliver to the City all such instruments as may be necessary to evidence such discharge and satisfaction, and the Paying Agent shall pay over, transfer, assign or deliver to the City all moneys or securities or other property held by it pursuant to this Resolution which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. (b) Discharge of Liability on Bonds. Upon the deposit, in trust, at or before maturity, of money or securities in the necessary amount (as provided in Section 9.02(c) hereof) to pay or redeem any Outstanding Bond (whether upon or prior to its maturity or the redemption date of such Bond), provided that, if such Bond is to be redeemed prior to maturity, notice of such redemption shall have been given as provided in Section 2.03 or provision satisfactory to the Paying Agent shall have been made for the giving of such notice, then all liability of the City in respect of such Bond shall cease and be completely discharged, except only that 21 thereafter the Owner thereof shall be entitled only to payment of the principal of and interest on such Bond by the City, and the City shall remain liable for such payment, but only out of such money or securities deposited with the Paying Agent as aforesaid for such payment, provided further, however, that the provisions of Section 9.02(d) shall apply in all events. The City may at any time surrender to the Paying Agent for cancellation by it any Bonds previously issued and delivered, which the City may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired. (c) Deposit of Money or Securities with Paying Agent. Whenever in this Resolution it is provided or permitted that there be deposited with or held in trust by the Paying Agent money or securities in the necessary amount to pay or redeem any Bonds, the money or securities so to be deposited or held may include money or securities held by the Paying Agent in the funds and accounts established pursuant to this Resolution and shall be: (i) lawful money of the United States of America in an amount equal to the principal amount of such Bonds and all unpaid interest thereon to maturity, except that, in the case of Bonds which are to be redeemed prior to maturity and in respect of which notice of such redemption shall have been given as provided in Section 2.03 or provision satisfactory to the Paying Agent shall have been made for the giving of 'such notice, the amount to be deposited or held shall be the principal amount or redemption price of such Bonds and all unpaid interest thereon to the redemption date; or (ii) Federal Securities (not callable by the issuer thereof prior to maturity) the principal of and interest on which when due, in the opinion of a certified public accountant delivered to the City, will provide money sufficient to pay the principal or redemption price of and all unpaid interest to maturity, or to the redemption date, as the case may be, on the Bonds to be paid or redeemed, as such principal or redemption price and interest become due, provided that, in the case of Bonds which are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as provided in Section 2.03 or provision satisfactory to the Paving Agent shall have been made for the giving of such notice. (d) Payment of Bonds After Discharge of Resolution. Notwithstanding any provisions of this Resolution, any moneys held by the Paying Agent in trust for the payment of the principal or redemption price of, or interest on, any Bonds and remaining unclaimed for two (2) years after the principal of all of the Bonds has become due and payable (whether at maturity or upon call for redemption or by acceleration as provided in this Resolution), if such moneys were so held at such date, or six years after the date of deposit of such moneys if deposited after said date when all of the Bonds became due and payable, shall, upon request of the City, be repaid to the City free from the trusts created by this Resolution, and all liability of the Paying Agent with respect to such moneys shall thereupon cease; provided, however, that before the repayment of such moneys to the City as aforesaid, the Paying Agent may (at the cost of the City) first mail to the Owners of all Bonds which have not been paid at the addresses shown on the Registration Books a notice in such form as may be deemed appropriate by the Paying Agent, with respect to the Bonds so payable and not presented and with respect to the provisions relating to the repayment to the City of the moneys held for the payment thereof. 22 Section 9.03. Execution of Documents and Proof of Ownership by Owners. Any request, declaration or other instrument which this Resolution may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed by Owners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be - proved by the Registration Books. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the City, the Paying Agent or the City Treasurer in good faith and in accordance therewith. Section 9.04. Waiver of Personal Liability. No City Council member, officer, agent or employee of the City shall be individually or personally liable for the payment of the principal of or interest on the Bonds; but nothing herein contained shall relieve any such City Council member, officer, agent or employee from the performance of any official duly provided by law. Section 9.05. Destruction of Canceled Bonds. Whenever in this Resolution provision is made for the surrender to the City of any Bonds which have been paid or canceled pursuant to the provisions of this Resolution, a certificate of destruction duly executed by the Paying Agent shall be deemed to be the equivalent of the surrender of such canceled Bonds and the City shall be entitled to rely upon any statement of fact contained in any certificate with respect to the destruction of any such Bonds therein referred to. Section 9.06. Partial Invalidity. If any section, paragraph, sentence, clause or phrase of this Resolution shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Resolution. The City hereby declares that it would have adopted this Resolution and each and every other section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more sections, paragraphs, sentences, clauses, or phrases of this Resolution may be held illegal, -invalid or unenforceable. If, by reason of the judgment of any court, the City is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers of the City hereunder shall be assumed by and vest in the City Treasurer in trust for the benefit of the Owners. Section 9.07. Execution of Documents. The Mayor, the City Manager, the City Clerk, the Finance Director and the City Treasurer of the City, and any and all other officers of the City, are each authorized and directed in the name and on behalf of the City to make any and all certificates, requisitions, agreements, 23 notices, consents, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate .the lawful issuance, sale and delivery of the Bonds. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his behalf in the case such officer shall be absent or unavailable. Section 9.08. Effective Date of Resolution. This Resolution shall take effect from and after the date of its passage and adoption. PASSED and ADOPTED this 1s` day of April, 2003. ATTEST: Michael R. Della City Clerk APPROVED AS TO FORM: George H. Eiser,ep4t: City Attorney 24 Nick Inzunza, Mayor EXHIBIT A OFFICIAL NOTICE OF SALE $6,000,000 CITY OF NATIONAL CITY GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES A NOTICE IS HEREBY GIVEN that sealed bids will be received by Stone & Youngberg LLC, as financial advisor to the City of National City (the "City"), at its offices located at 4350 La Jolla Village Drive, Suite 140, San Diego, CA 92122, until 10:00 a.m. Pacific time on THURSDAY, APRIL 24, 2003 for the purchase of $6,000,000 principal amount of City of National City General Obligation Bonds, Election of 2002, Series A (the "Bonds"). The Bonds hereby offered for sale are generally described below. Important Note: The winning bidder will be required to pay, from underwriter's gross spread, certain costs of issuance of the Bonds. See "Payment of Issuance Costs," herein. Bids may be electroniraily delivered via PARITY®, as described below under Electronic Bids, or bids may be faxed to (858) 452-6131, provided that neither the City of National City, Stone & Youngberg LLC, financial advisor to the City, nor Jones Hall, A Professional Law Corporation, bond counsel to the City, take any responsibility for any difficulties in bids being completely received and printed out prior to the 10 A.M. bid deadline. ISSUE AND DENOMINATIONS: $6,000,000 consisting of fully registered bonds without coupons in denominations of $5,000 or any integral multiples thereof, all dated their date of delivery. PAYMENT DATES: The Bonds mature on August 1 in each of the years 2004 through 2028, both indusive, as set forth below. Each bidder is required to specify in its bid whether, for any particular year, the Bonds will mature or, alternatively; be subject to sinking fund redemption in such year. SCHEDULE OF MATURITIES Maturity Date Principal Maturity Date Principal (August 1) Amount (August 1) Amount 2004 2017 2005 2018 2006 2019 2007 2020 Exhibit A Page 1 2008 2021 2009 2022 2010 2023 2011 2024 2012 2025 2013 2026 2014 2027 2015 2028 2016 ADJUSTMENTS IN MATURITIES: Following the determination of the successful bidder, the principal amount of the Bonds maturing in any year, or the mandatory sinking fund redemption occurring in such year, but not the aggregate principal amount of Bonds, may be adjusted by the Finance Director of the City at her sole discretion. Any such adjustment will be made within no more than twenty-six (26) hours of the time of the receipt of bids for the Bonds for the purpose of considering the amount of aggregate annual debt service on the Bonds. In the event of any such adjustment, no re -bidding or recalculation of the bids submitted will be required or permitted and the successful bid may not be withdrawn, and the successful bidder will not be permitted to change the interest rate(s) in its bid for the Bonds; provided that no such adjustment shall reduce the amount of original issue premium to be retained by the winning bidder based on the initial re -offering price of each maturity of the Bonds. PAYMENT PROVISIONS: Interest on the Bonds will be payable on February 1, 2004, and on August 1 and February.1 in each year thereafter (the "Interest Payment Dates"), to the registered owners by check of Union Bank of California, N.A., as Paying Agent (the "Paying Agent"). Principal of and premium (if any) on any Bond will be paid upon presentation and surrender thereof at the corporate trust office of the Paying Agent in Los Angeles, California, provided that, at the written request of the owner of at least $1,000,000 aggregate principal amount of the Bonds, interest on the Bonds shall be paid by wire transfer on the succeeding Interest Payment Date to an account in the Unites State of America as shall be specified in such written request. Both the principal of and interest and premium (if any) on the Bonds are payable in lawful money of the United States of America. OPTIONAL REDEMPTION: Bonds maturing on or before August 1, 2012, are not subject to call or redemption prior to maturity. Bonds maturing on or after August 1, 2013, are subject to call or redemption, at the option of the City, on any date, either in inverse order of maturity or on a pro rata basis among maturities, and in all cases by lot within any maturity, on August 1, 2012, upon payment of a redemption price equal to the principal amount and accrued interest to the redemption date, without premium. SINKING FUND REDEMPTION: Bidders shall designate which maturities of Bonds shownin the table above shall be issued as serial bonds and which shall be issued as term bonds subject to mandatory sinking fund redemption. Mandatory sinking fund redemption shall not begin prior to 2012. No serial bonds may mature following the commencement of the mandatory sinking fund redemption. The principal amount of Bonds subject to mandatory sinking fund redemption in each year shall be equal to the principal amount shown in the table above to mature in such year, and such mandatory sinking fund redemptions shall be made on August 1 of each such year, upon mailed notice as provided in the Bond Resolution adopted by Exhibit A Page 2 the City Council of the City authorizing the issuance and sale of the Bonds on April 1, 2003 (the "Bond Resolution"), at the principal amount thereof, without premium, together with accrued interest thereon to the date of redemption. PURPOSE: The Bonds are being issued by the City Council of the City (the "Council") in the name and on behalf of the City, and are authorized pursuant to the provisions of the Government Code of the Sate of California for the purpose of financing the acquisition and construction of a new library in the City. The issuance of the Bonds was authorized by a vote of more than two-thirds of the electors of the City voting at a special municipal election held on March 5, 2002. SECURITY: The Bonds are general obligations of the City, and the City has the power and is obligated to levy ad valorem taxes for the payment of the Bonds and the interest thereon upon all property within the City subject to taxation by the City. The City has covenanted in the Bond. Resolution to direct the County of San Diego to collect such ad valorem taxes in such amounts and at such times as is necessary to ensure the timely payment debt service on the Bonds. CONTINUING DISCLOSURE: In order to assist bidders in complying with S.E.C. Rule 15c2-12(b)(5), the City will undertake, pursuant to a Continuing Disclosure Certificate or Agreement, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Continuing Disclosure Certificate appended to the preliminary Official Statement and also to be appended to the final Official Statement. TAX-EXEMPT STATUS: In the opinion of Jones Hall, A Professional Law Corporation, Bond Counsel to the City, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal individual and corporate alternative minimum taxes, although it is included in certain income and earnings in computing the alternative minimum tax imposed on certain corporations. In the further opinion of Bond Counsel, such interest is exempt from California personal income taxes. In the event that prior to the delivery of the Bonds (a) the interest on other obligations of the same type and character shall be declared to be taxable (either at the time of such declaration or at any further date) under any federal income tax laws, either bythe terms of such laws or by ruling of a federal income tax authority or official which is followed by the Internal Revenue Service, or by decision of any federal court, or (b) any federal income tax law is adopted which will have a substantial adverse effect upon owners of the Bonds as such, the successful bidder for the Bonds may, at its option, prior to the tender of the Bonds, be relieved of its obligation under the contract to purchase the Bonds, and in such case the deposit accompanying its proposal will be returned. LEGAL OPINION: The legal opinion of Jones Hall, A Professional Law Corporation, San Francisco, California, approving the validity of the Bonds will be furnished to the purchaser of the Bonds without cost. A copy of the legal opinion, certified by the official in whose office the original is filed, will be printed on or attached to each Bond at the expense of the City. FURTHER INFORMATION: A copy of the preliminary Official Statement describing the Bonds, and any, other information concerning the proposed financing, will be furnished upon Exhibit A Page 3 request to the financial advisor to the City, Stone & Youngberg LLC, 4350 La Jolla Village Drive, Suite 140, San Diego, CA 92122, telephone (858) 795-8703. TERMS OF SALE FORM OF BID: Each bid must be for not less than all of the Bonds. hereby offered for sale. The purchase price to be paid for the Bonds may not be less than the par value thereof and accrued interest thereon to the delivery date. ELECTRONIC BIDS: Solely as an accommodation to bidders, electronic bids may be submitted electronically via PARITY® in accordance with this Official Notice of Sale until 10:00 a.m. California time, and no bid will be received after such time. To the extent any instructions or directions set forth in PARITY® conflict with this Notice, the terms of this Notice shall control. WARNING REGARDING ELECTRONIC BIDS: The City will accept bids in electronic form solely through PARITY® on the Official Bid Form created for such purpose. Each bidder submitting an electronic bid understands and agrees by doing so that it is solely responsible for all arrangements with PARITY®, that the City neither endorses nor explicitly encourages the use of PARITY®, and that PARITY® is not acting as an agent of the City. Instructions and forms for submitting electronic bids must be obtained from PARITY®, and the City assumes no responsibility for ensuring or verifying bidder compliance with the procedures of PARITY®. The City shall assume that any bid received through PARITY® has been made by a duly authorized agent of the bidder. For further information about PARITY®, potential bidders may contact Dalcomp/ -Deal LLC at 40 West 23rd Street, New York, New York 10004; Telephone: (212) 404-8102. The City will use its best efforts to accommodate electronic bids. However, the City, the City's Financial Advisor and the City's Bond Counsel assume no responsibility for any error contained in any bid submitted electronically, or for failure of any bid to be transmitted, received or opened at the official time for receipt of bids. The official time for receipt of bids will be determined by the City at the place of bid opening, and the City shall not be required to accept the time kept by PARITY® as the official time. In the event of a malfunction in the electronic bidding process, bidders should submit their bids on the Official Bid Form attached hereto by facsimile to: (858) 452-6131.. FACSIMILE BIDS: A bidder may submit its bid by telefax, provided that such telefax and the good faith deposit (described below) must be received at the place and by the time set for receipt of bids. Neither the City nor the financial advisor take any responsibility for any difficulties in receiving fax transmittals prior to the deadline for receipt of bids. The fax number to be used for this purpose is (858) 452-6131. WARNING REGARDING FACSIMILE BIDS: A bid submitted by facsimile transmission will not be accepted unless, at the deadline for submission of bids, the entire bid form has been completely received and ejected by the receiving fax machine and the Exhibit A Page 4 interest rates, total purchase price, and name and signature of the bidder are clearly legible by that time. Neither the City, the City's Financial Advisor, nor the City's Bond Counsel shall be responsible for, and the bidder expressly assumes the risk of, any incomplete, illegible or untimely bid submitted by such bidder by facsimile transmission, including, without limitation, by reason of garbled transmission, mechanical failure, engaged telephone or telecommunications lines at the place of bid opening, or any other cause for rejection arising out of any bidder's election to deliver its bid by facsimile. The City retains absolute discretion to determine whether a facsimile bid is timely, legible and complete. DESIGNATION OF INTEREST RATES: Bidders must specify the rate or rates of interest per annum, and the same rate or rates may be repeated as desired; provided, however: i. No interest on any maturity may exceed 7 percent per annum; ii. The difference between the highest and lowest interest rates of the Bonds may not exceed 4 percent . iii. The net interest cost on the Bonds may not exceed 6 percent; iv. Each interest rate specified must be a multiple of 1/8 or 1/20 of 1 percent; v. No maturity shall bear more than one rate of interest; vi. Each Bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; and vii. All Bonds of the same maturity shall bear the same rate of interest. Interest on each Bond shall be computed from. its delivery date (expected to be May 15, 2003), to its stated maturity at the interest rate specified in the bid, payable on the interest payment dates as set forth above. DETERMINATION OF BEST BID: The Bonds will be awarded to the responsible bidder whose bid produces the lowest net interest cost on the Bonds. The lowest net interest cost will be determined by computing the total amount of interest payable on the Bonds from their delivery date to their respective maturity dates calculated solely on the basis of the Bonds offered in this Notice, and deducting from such total the amount of premium offered, if any. The purchaser must pay accrued interest, computed on a 360-day year basis consisting of twelve 30-day months, from the date of the Bonds to the date of delivery. RIGHT TO REJECT ANY BID: The City reserves the right, in its discretion, to reject any and all proposals and to waive any irregularity or informality in any proposal. TIME OF AWARD: Following the receipt of bids the Finance Director will take formal action either rejecting all bids or awarding the sale of the Bonds to the bidder whose proposal is the best responsible proposal determined in accordance herewith. Notice of the award will be given in writing to the successful bidder not later than 26 hours from the time proposals are received. PAYMENT OF ISSUANCE COSTS: The successful bidder will be required to pay $75,000 in costs of issuance of the Bonds from underwriter's gross compensation at the time of delivery of the Bonds. This amount should not be added to the price paid for the Bonds. Payment of this amount is not optional, and is in addition to any premium for a policy of Exhibit A Page 5 municipal bond insurance. See "Bond Insurance" below. Therefore, bidders should include payment of such costs in calculating their bids. DELIVERY AND PAYMENT: Delivery of the definitive Bonds will be made to the purchaser upon the issuance thereof, which is expected to occur on or about May 15, 2003. Payment for the Bonds must be made by wire transfer of Federal Reserve Bank funds, or Federal Reserve Bank funds check, which is immediately available to the City on the date of delivery. Any expense in providing . immediately available funds shall be borne by the purchaser. RIGHT OF CANCELLATION: The purchaser shall have the right, at its option, to cancel the contract of purchase if the City fails to execute the Bonds and tender the same for delivery within 60 days. from the date of award thereof, and in such event the accompanying good faith deposit will be returned. GOOD FAITH DEPOSIT: A certified or cashier's check drawn on a responsible bank or trust company having an office in Los Angeles or San Francisco, California, in the amount of $60,000, payable to the order of the City, must accompany each proposal as a guaranty that the bidder, if successful, will accept and pay for the Bonds in accordance with the terms of its proposal. Any good faith deposit made by wire transfer must be credited to the City's account and available to the City by 3:00 P.M. (Pacific Time) on the bid date. Each bidder shall indude wire instructions in the bid in the event such bid is unsuccessful. The City will promptly return, by wire transfer, funds deposited in its account by unsuccessful bidders to the account number identified in such wire instructions. The City will deduct from each good faith deposit made by wire transfer by an unsuccessful bidder any cost of returning the money by wire transfer to each unsuccessful bidder. As an additional alternative, a bidder may submit or have submitted a Financial Surety Bond in the amount of $60,000. If a Financial Surety Bond is issued, it must be from an insurance company licensed to issue such a bond in the State of California, and such bond must be submitted to the City or its Financial Advisor prior to the opening of the bids. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then the purchaser is required to submit its good faith deposit to the City in the form of a certified or cashier's check (or wire transfer such amount as indicated above) by not later than 3:00 P.M. (Pacific Time) on the next business day following the receipt of bids. If such deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the deposit requirement. The good faith deposit accompanying any accepted proposal will be cashed by the City following the award to the successful bidder. The amount will be applied as a credit towards the payment of the purchase price by the successful bidder. If after the award of the Bonds, the successful bidder fails to complete its purchase on the terms stated in its proposal, the full amount of the good faith deposit will be retained by the City. Any check accompanying unaccepted proposals will be made available for recovery by each unsuccessful bidder as soon as the successful bid has been verified. No interest will be paid upon any good faith check. or deposit held or deposited by the City. Exhibit A Page 6 BOOK -ENTRY ONLY: The Bonds will be issued in book -entry form only, initially registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). Individual purchases will be made in the denominations described above under the caption "SCHEDULE OF MATURITIES". Payments of principal and interest to DTC shall be the responsibility of the Paying Agent and disbursement of such payments to the beneficial owners shall be the responsibility of DTCs direct -participants or indirect participants. The fees and charges of DTC shall be borne by the winning bidder. STATEMENT OF NET INTEREST RATE: Each bidder is requested, but not required, to state in its proposal the percentage net interest rate represented by its proposal, determined as described above, which shall be considered as informative only and not binding on either the bidder or the City. BOND INSURANCE: The City has made application for municipal bond insurance relating to the Bonds. If a commitment for insurance is issued, the City will inform prospective bidders prior to the time specified herein for the receipt of proposals. In such case, bidders on the Bonds may elect to purchase such insurance at their own expense. Each bidder is required to indicate on its bid whether insurance is being purchased. RATING: The City has applied for a rating from Standard & Poor's Ratings Services. Information on such rating may be obtained from the Finance Director. The City shall pay the fee for such rating. Any additional ratings desired by the purchaser of the Bonds, as well as any fees associated with such additional ratings, shall be the sole responsibility of the purchaser. CERTIFICATION OF REOFFERING PRICE: The successful bidder shall be required, as a condition to the delivery of the Bonds by the City, to deliver to the City a certificate, in form and substance satisfactory to the City, stating (i) that, as of the date of award, the Bonds were expected to be reoffered in a bona fide public offering, (ii) the initial offering price at which a substantial amount (at least 10%) of each maturity of the Bonds were sold to the public, and (iii) that no Bonds of a single maturity were offered at one price to the general public and at a discount from that price to institutional or other investors. CUSIP NUMBERS: It is anticipated that CUSIP numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for a failure or refusal by the purchaser to accept delivery of and pay for the Bonds in accordance with the terms hereof. All expenses in relation to the printing of CUSIP numbers on the Bonds will be paid for by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers will be the responsibility of and shall be paid for by the purchaser. The successful bidder shall also be required to pay all fees required by The Depository Trust Company, the Bond Market Association, the Municipal Securities Rulemaking Board, and any other similar entity imposing a fee in connection with the issuance of the Bonds. CALIFORNIA DEBT ADVISORY COMMISSION FEES: All fees payable to the California Debt and Investment Advisory Commission in connection with the issuance of the Bonds shall be the responsibility of the purchaser of the Bonds. Exhibit A Page 7 NO LITIGATION: There is no litigation pending concerning the validity of the Bonds, the corporate existence of the City of National City, or the entitlement of the officers thereof to their respective offices, and the purchaser will be furnished a no -litigation certificate certifying to the foregoing as of and at the time of delivery of the Bonds. OFFICIAL STATEMENT: The City has approved a preliminary Official Statement relating to the Bonds. Copies of such preliminary Official Statement will be distributed to any bidder, upon request, prior to the sale in a form "deemed final" by the City for purposes of Rule 15c2-12 under the Securities Exchange. Act of 1934 (the "Rule"). Within seven business days from the sale date, the City will deliver to the purchaser up to 75 copies of the final Official Statement, executed by an authorized representative of the City and dated the date of delivery thereof to the purchaser, in sufficient number to allow the purchaser to comply with paragraph (b)(4) of the Rule and to satisfy the Municipal Securities Rulemaking Board (the "MSRB") Rule G-32 or any other rules adopted by the MSRB, which shall include information permitted to be omitted by paragraph (b)(1) of the Rule and such other amendments or supplements as shall have been approved by the City (the "Final Official Statement"). The purchaser agrees that it will not confirm the sale of any Bonds unless the confirmation of sale is accompanied or preceded by the delivery of a copy of the final Official Statement. CONTINUING DISCLOSURE CERTIFICATE: The City's Continuing Disclosure Certificate (substantially in the form appended to the Official Statement) will be furnished to the purchaser at the time of delivery of the Bonds as a condition precedent to the purchaser's obligation to accept and pay the purchase price for the Bonds. Dated: April 16, 2003 CITY OF NATIONAL CITY By /s/ City Clerk Exhibit A Page 8 OFFICIAL BID FORM PROPOSAL FOR THE PURCHASE OF $6,000,000 CITY OF NATIONAL CITY GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES A NAME OF FIRM SUBMITTING BID: (if bid is being faxed) TO: City of National City c/o Stone & Youngberg LLC 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 FAX: (858) 452-6131 Ladies and Gentlemen: April 24, 2003 We offer to purchase the $6,000,000 City of National City General Obligation Bonds, Election of 2002, Series A, in the principal amounts, in such denominations, maturing on August 1 in the years and bearing interest as follows: Maturity Date Principal Interest Maturity Date Principal Interest (August 1) Amount Rate (August 1) Amount Rate 2004 2017 2005 2018 2006 2019 2007 2020 2008 2021 2009 2022 2010 2023 2011 2024 2012 2025 2013 2026 2014 2027 2015 2028 2016 and to pay therefore the principal amount thereof, plus a premium of $ Each interest rate bid is not more than 4% higher than the interest rate on any other maturity: Each interest rate bid is a multiple of 1/8 or 1/20 of 1%. The maximum interest rate coupon bid does not exceed 7.00% per annum. No Bond bears more than one rate and all bonds of the same maturity bear the same interest rate. Each Bond bears interest at the interest rate specified in the bid from its dated date to its maturity date. Exhibit A Page 9 Bonds maturing in & are hereby designated as term bonds and are subject to mandatory redemption beginning in We have elected to obtain a policy of municipal bond insurance provided by , all costs of which shall be our sole responsibility. This proposal is made subject to all the terms and conditions of the Official Notice of Sale of said Bonds dated April 16, 2003, all of which terms and conditions are made a part hereof as fully as though set forth in full in this proposal. This proposal is subject to acceptance, in whole or in part, within twenty-six (26) hours after the expiration of the time for the receipt of proposals, as specified in said Official Notice of Sale. We understand that in addition to the total purchase price bid stated above, we will be required to pay $75,000 in costs of issuance of the Bonds on behalf of the City (this amount being in addition to any premium paid for a policy of municipal bond insurance) from underwriter's gross compensation at the time of delivery of the Bonds. (Cross out those which do not apply) 1. There is enclosed herewith a certified or cashier's check for $60,000 payable to the order of the City of National City; or 2. A Financial Surety Bond has been submitted. We hereby request that _ printed copies of the Final Official Statement (not to exceed 75 copies) pertaining to the Bonds be furnished us in accordance with the terms of said Official Notice of Sale. Following is our computation of the net interest cost, net interest rate, and true interest rate which is not a part of the bid and is to be considered informative only: Total Interest $ Less Premium $ Net Interest Cost $ Net Interest Rate: % True Interest Rate % Respectfully submitted, Name: Exhibit A Page 10 By: Address: Phone: Following is a list of the members of our account on whose behalf this bid is made: Exhibit A Page 11 EXHIBIT B FORM OF BOND R-- $ UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF NATIONAL CITY GENERAL OBLIGATION BOND, ELECTION OF 2002, SERIES A INTEREST RATE: 1 MATURITY DATE: j DATED DATE: CUSIP: = 1 May 15, 2003 REGISTERED OWNER.: PRINCIPAL SUM: DOLLARS The CITY OF NATIONAL CITY, a general law city and municipal corporation, duly organized and existing under and by virtue of the Constitution and laws of the State of C'sEfornia (the "City"), for value received hereby promises to pay to the Registered Owner stated above, or registered assigns (the "Owner"), on the Maturity Date stated above (subject to any right of prior redemption hereinafter provided for), the Principal Sum stated above, in lawful money of the United States of America, and to pay interest thereon in like lawful money from the Interest Payment Date (as hereinafter defined) next preceding the date of authentication of this Bond (unless (i) this Bond is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication, or (ii) this 'Bond is authenticated prior to an Interest Payment Date and after the dose of business on the fifteenth (15th) day of the month preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) this Bond is authenticated on or before January 15, 2004, in which event it shall bear interest from the Dated Date stated above; provided, however, that if at the time of authentication of. this Bond, interest is in default on this Bond, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment on this Bond) until payment of such Principal Sum in full, at the Interest Rate per annum stated above, payable on February 1 and August 1 in each year, commencing February 1, 2004 (the "Interest Payment Dates"), calculated on the basis of 360-day year comprised of twelve 30-day months. Principal hereof and premium, if any, upon early redemption hereof are payable at the corporate trust office of Union Bank of California (the "Paying Agent"), in Los Angeles, California. Interest hereon (including the final interest payment upon maturity or earlier redemption) is payable by check Exhibit B Page 1 or draft of the Paying Agent mailed to the Owner at the Owner's address as it appears on the registration books maintained by the. Paying Agent as of the close of business on the fifteenth (15th) day of the month next preceding such Interest Payment Date, or at such other address as the Owner may have filed with the Paying Agent for that purpose; provided that at the written request of the Ownerof at least $1,000,000 aggregate principal amount of the Bonds, which written request is on file with the Paying Agent as of any Record Date, interest on such Bonds shall be paid on the succeeding Interest Payment Date by wire transfer of the Paying Agent to such account as shall be specified in such written request. This Bond is one of a duly authorized issue of bonds of the City designated as "City of National City General Obligation Bonds, Election of 2002, Series A" (the "Bonds"), in an aggregate principal amount of Six Million Dollars ($6,000,000), all of like tenor and date (except for such variation, if any, as may be required to designate varying numbers, maturities, interest rates or redemption and other provisions) and all issued pursuant to the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code, commencing with section 43600 of said Code (the "Act"), and pursuant to a resolution adopted by the City Council of the City on April 1, 2003 (the "Resolution") authorizing the issuance of the Bonds. Reference is hereby made to the Resolution (copies of which are on file at the office of the City Clerk) and the Act for a description of the terms on which the Bonds are issued and the rights thereunder of the owners of the Bonds and the rights, duties and immunities of the Paying Agent and the rights and obligations of the City thereunder, to all of the provisions of which Resolution the Owner of this Bond, by acceptance hereof, assents and agrees. The Bonds have been issued by the City to finance the acquisition and construction of a new library in the City. This Bond and the interest hereon and on all other Bonds and the interest thereon (to the extent set forth in the Resolution) are general obligations of the City and the City has the power and is obligated to levy ad valorem taxes for the payment of the Bonds and the interest thereon upon all property within the City which is subject to taxation by the City. The City has covenanted in the Bond Resolution to direct the County of San Diego to collect such ad valorem taxes in such amounts and at such times as is necessary to ensure the timely payment debt service on the Bonds. The Bonds maturing on or before August 1, 2012, are non -callable. The Bonds maturing on or after August 1, 2013, are subject, at the option of the City, to call for redemption prior to their stated maturities on any date, on or after August 1, 2012, at the election of the City either in inverse order of maturity or on a pro rata basis among maturities, and in all cases by lot within any one maturity, upon payment of a redemption price equal to the principal amount to be redeemed and accrued interest to the date fixed for redemption, without premium. As provided in the Resolution, notice of redemption shall be given by the Paying Agent by first class mail, not less than thirty (30) nor more than sixty (60) days prior to the redemption date, to the respective owners of any Bonds designated for redemption at their addresses appearing on the Bond registration books maintained by the Paying Agent, but neither failure to receive such notice nor any defect in the notice so mailed shall affect the sufficiency of the proceedings for redemption. Exhibit B Page 2 If this Bond is called for redemption and payment is duly provided therefor as specified in the Resolution, interest shall cease to accrue hereon from and after the date fixed for redemption. The Bonds are issuable as fully registered Bonds, without coupons, in denominations of $5,000 and any integral multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Resolution. Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations and of the same maturity and interest rate. This Bond is transferable by the Owner hereof, in person or by his or her attorney duly authorized in writing, at said office of the Paying Agent in Los Angeles, California, but only in the manner and subject to the limitations provided in the Resolution, and upon surrender and cancellation of this Bond. Upon registration of such transfer a new Bond or Bonds, of authorized denomination or denominations, for the sameaggregate principal amount and of the same maturity and interest rate will be issued to the transferee in exchange herefor. The City and the Paying Agent may treat the Owner hereof as the absolute owner hereof for all purposes, and the City and the Paying Agent shall not be affected by any notice to the contrary. The Resolution may be amended without the consent of the owners of the Bonds, but only under the circumstances and to the extent set forth in the Resolution. It is hereby certified that all of the things, conditions and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time and manner as required by the laws of the State of California, and that the amount of this Bond, together with all other indebtedness of the City, does not exceed any limit prescribed by any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Resolution. This Bond shall not be entitled to any benefit under the Resolution or become valid or obligatory for any purpose until the Certificate of Authentication hereon shall have been manually signed by the Paying Agent. Unless this certificate is presented by an authorized representative of The Depository Trust Company; a New York corporation ("DTC'), to the City or its agent for registration of. transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Exhibit B Page 3 IN WITNESS WHEREOF, the City of National City has caused this Bond to be executed in its name and on its behalf with the facsimile signatures of its Mayor and its City Treasurer and attested to by the facsimile signature of its City Clerk and its seal to be reproduced hereon, all as of the Issue Date stated above. (SEAL) ATTEST: City Clerk Exhibit B Page 4 CITY OF NATIONAL CITY, CALIFORNIA Mayor [FORM OF PAYING AGENT'S CER111FICATE OF AUTHENTICATION] This is one of the Bonds described in the within -mentioned Resolution. Authentication Date: Union Bank of California, as Paying Agent Exhibit B Page 5 Authorized Signatory [FORM OF ASSIGNMENT] For value received the undersigned hereby sells, address and social security or other tax the within -mentioned constitute(s) and appoint(s) attorney, to transfer the same on the registration books of the Paying Agent with full power of substitution in the premises. assigns and transfers unto , whose Dated: Signature Guaranteed: Note: Signature(s) must be guaranteed by an eligible guarantor. identifying number is Bond and hereby irrevocably Note: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. Exhibit B Page 6 EXHIBIT C NOTICE OF INTENTION TO SELL BONDS $6,000,000 CITY OF NATIONAL CITY (SAND DIEGO COUNTY, CALIFORNIA) GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES A NOTICE IS HEREBY GIVEN, pursuant to section 53692 of the California Government Code, that the City Council of the City of National City, California, invites bids for the purchase of $6,000,000 aggregate principal amount of City of National City (San Diego County, California) General Obligation Bonds, Election of 2002, Series A (the "Bonds"). Bids will be received on THURSDAY, APRIL 24, 2003 at 10:00 A.M., at the office of Stone & Youngberg LLC, 4350 La Jolla Village Drive, Suite 140, San Diego, CA 92122 (the "Financial Advisor"); provided, that the City reserves the right to postpone or change the sale date upon 24 hours notice delivered via Thomson Municipal Market Monitor (www.tm3.com) or Bloomberg Financial Markets. Bids will be received electronically, via PARITY®, and via facsimile. The sale will be awarded by the Finance Director of the City within 26 hours after the expiration of the time prescribed for the receipt of bids. The sale of the Bonds will be conducted upon the terms and conditions set forth in the Official Notice of Sale for the Bonds. Such Official Notice of Sale and the Preliminary Official Statement describing the Bonds will be distributed to prospective bidders by the Financial Advisor, telephone (858) 795-8703. Dated: April 10, 2003 [TO BE SENT BY JONES HALL FOR PUBLICATION IN THE BOND B UYER ON APRIL 10, 2003] Exhibit C Page 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE arril 20632 4 AGENDA ITEM NO. (-ITEM TITLE WARRANT REGISTER #36 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #36 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. • Approved By: Finance Direct Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 346,658.25. BOARD / COMMISSION RECOM NDATION t1C-04 441-114,--v ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #36 2. Workers Comp Warrant Register dated 03/05/03 A-200 (9,99) - MEETING DATE April 01, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. :5 ITEM TITLE WARRANT REGISTER #37 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #37 per Government Section Code 37208. ( Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,033,549.81. BOARD / COMMISSION ECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register#37 2. Workers Comp Warrant Register dated 03/12/03 3. Payroll Warrant Register dated 03/13/03 Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 1, 2003 AGENDA ITEM NO. 6 / ITEM TITLE CLAIM FOR DAMAGES: Nate Miller PREPARED BY Michael R. Dalla, CM -DEPARTMENT City Clerk EXPLANATION The claim of Nate Miller arises from an occurrence on February 19, 2003 and was filed with the City Clerk's Office on March 5, 2003 2 r Environmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/99) MEETING DATE April 1 , 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 7 /ITEM TITLE CIP PROJECT ADDITION FOR THE REPAIR AND REMODEL OF LAS PALMAS RESTROOMS PREPARED BY Kathleen Trees, Director 33fbARTMENT Building & Safety EXPLANATION The City Council at the March 18 City Council meeting approved a resolution allowing the Building and Safety Department to apply for a State grant to repair and remodel the bathrooms at the Las Palmas Park. Attached is a copy of the CIP that will implement the Council's action. L Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Approve the CIP project. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) CIP Project Resolution No. A-200 (9/80) CITY OF NATIONAL CITY CAPITAL IMPROVEMENT REQUEST Mid -year addition 1. Project Title Las Palmas Restrooms 2. Department Building & Safety 3. Project Number 4122 4. Project Location Las Palmas Park Department Contact Kathleen Trees 6. Phone Number 4213 7. Project Description and Justification Replace the roof structure and re -roof the bathrooms at Las Palmas Park near the ball fields. Upgrade the bathrooms to ADA standards by widening the doors, combining two stalls to make a handicapped stall, and replacing the fixtures to meet ADA standards. Upgrade the electrical wiring and light fixtures and install security doors. 8. Project Detail Amount Site Acquisition " Construction Other Total Costs Amount $39,000 Design $39,000 9. Financing Source and Budget Schedule Year 1 FY 02-03 Year 2 FY Year 3 FY Year 4 FY Year 5 FY State Grant $39,000 TOTALS $39,000 10. Operating Cost Increase (Decrease) Personal Services Maintenance and Operation Capital Outlay (Not Included above) Total Operating Cost Increase Year 1 Year 2 Year 3 Year 4 Year 5 11. Requesting Department Head Approval (Signature) ariatz-ii- (Title) Director (Date) 3/27/2003 cip-bink Form CM-109 Rev 6/92 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE App, 1. -2003 AGENDA ITEM NO. 8 (-ITEM TITLE AN ORDINANCE AMENDING NCMC CHAPTER 10.70 PERTAINING TO POLICE REGULATED BUSINESS REGULATIONS AND CHAPTER 10.73 PERTAINING TO LIVE ADULT ENTERTAINMENT AT ADULT ORIENTED ENTERTAINMENT ESTABLISHMENTS, AND CHAPTER 10.79 PERTAINING TO MASSAGE ESTABLISHMENTS AND ADDING CHAPTER 10.78 PERTAINING TO ENTERTAINMENT ESTABLISHMENTS PREPARED BY DEPARTMENT Rudolf Hradecky, . s. City Attorney EXPLANATION Ext. 4222 r �, This ordinance is brought back for reintroduction, after several changes were made to accommodate suggestions and concerns of the owners of the Trophy Lounge. Please see attached Staff Report for discussion. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve Ordinance. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Staff Report Draft of revisions to Chapters 10.70 and 10.73 in strikeout form Proposed Ordinance Resolution No. A-200 (9/99) STAFF REPORT This ordinance adds Chapter 10.78 to the Municipal Code to regulate cabarets and other specified places that provide entertainment and/or dancing in connection with the primary sale of food and beverages. This ordinance is based on a similar City of San Diego ordinance. In National City, there are four establishments that are potentially subject to these requirements. Regulation is considered appropriate because of demonstrated incidents of disorderly conduct and the need for police services at these venues. The Police Department's records for 2001 and 2002 reflect 509 calls for service at these four establishments, of which 38 were considered "serious". In addition, some of these establishments also present a venue where solicitation for prostitution and drugs has occurred. The regulations therefore address requirements for patron conduct, prevention of disorder, and internal/external security requirements for patron control. Issuance of a police permit under the proposed Chapter 10.78 affects only the providing of entertainment and/or dancing. Revocation of a police permit for cause (e.g., failure to maintain crowd control or patron conduct) would not affect the primary sales of food or beverage, nor would it affect any conditional use permit for the establishment, thereby maintaining the economic viability of the establishment while minimizing the need for police responses to disorderly behavior. Copies of the draft ordinance were provided to the owners of the four establishments for comment, and those comments and suggestions have been incorporated. Exemptions from the ordinance are provided for establishments playing only recorded music, including "karaoke", that do not allow dancing. Other additional changes included clarification of proprietor control over patron noise along the sidewalks for a distance of 100 feet from the premises or its parking lots. Transition provisions are provided. Corresponding administrative changes are proposed to Chapter 10.70 to clarify the relationship between conditional use permits and police permits for entertainment establishments. Adult oriented entertainment establishments that are regulated under Chapter 10.79 will also be required to observe the patron conduct requirements established in proposed Chapter 10.78. As a housekeeping matter, Section 10.79.110 is revised to clearly exempt therapeutic massage administered in health facilities and hospitals. We are not recommending repeal of Chapter 6.30 (Dancehalls) at this time, since that Chapter establishes the current business tax for that type establishment. A forthcoming revision to the general business tax code will deal with taxes specific to certain types of businesses, including dance halls. At that time, Chapter 6.30 could then be repealed. This ordinance has been coordinated with the Planning and Police Departments. NATIONAL CITY MUNICIPAL CODE TITLE 10 - PUBLIC PEACE, MORALS AND SAFETY DIVISION X - POLICE REGULATED BUSINESSES Chapter 10.70 - Police Regulated Business Regulations 10.70.010 Purpose and intent —permit required. A. It is the purpose and intent of the City Council to establish procedures for permit issuance and regulation of certain businesses and activities as police regulated for the protection of the public health, safety and welfare. Businesses identified in this Division X (Chapters 10.70 through 10.79) have a higher degree of potential for one or more types of illicit activity- I prostitution, disorderly conduct, gambling, fraudulent practices, or the concealment or facilitation of transfers of stolen property. Therefore, regulation ofthe operations of these establishments is appropriate to protect legitimate business practice and the public health, safety and welfare. B. A business, activity or a performer or technician which is identified in Chapter 10.71 through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or "regulated technician," as the case may be, and the specific regulations applicable to their conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly govern the administration and appeals process regarding the issuance, denial, suspension or revocation of any permit required to operate as a regulated business or activity or as a regulated performer or technician pursuant to Chapters 10.71 through 10.79. C. The issuance of a permit pursuant to this Chapter 10.70 does not excuse a regulated business, activity, performer or technician from complying with any other revenue or regulatory requirement of the Municipal Code or State law. A Page 1 separate permit shall be required for each type of activity regulated by Chapters 10.71 through 10.79, unless otherwise provided. The issuance of a certificate or permit under other provisions of the Municipal Codedoes not excuse compliance with or create a defense to any violation of the requirements of this Chapter 10.70 or Chapters 10.71 through 10.79, as applicable, or any other provisions of law or ordinance, including conditional use permits required under Title18. D. It is unlawful for any person to operate a business or activity or perform or practice as a performer or technician regulated by this Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, without a valid permit issued by the chief of police, or to operate, perform or practice while the permit is suspended or revoked. Each day a violation of this Section 10.70.010D exists constitutes a separate misdemeanor. 10.70.020 Definitions. For purposes of Chapters 10.70 through 10.79, the following definitions shall apply: A. "Person" means and includes a natural person, a partnership, joint venture or a corporation. B. "Applicant" or "permittee" means: a natural person; and in the case of a corporation, its officers, directors and any shareholder owning more than 5% of any stock;. and in the case of a partnership, its general partners. C. "Responsible person" means any person who is an owner or manager, or both, and includes any employee or agent in apparent charge of the premises for which the application is made or required or a permit is issued. D. "Permit" means a permit issued by or under the authority of the chief of police that authorizes activity regulated under Chapters 10.71 through 10.79. Page 2 10.70.080 Suspension and revocation. A. The chief of police shall suspend or revoke any permit issued under the provisions of this chapter if he or she finds that: 1. The operation conducted by the permittee violates any applicable laws, including but not limited to the city's building, zoning and health regulations and Chapters 10.70 through 10.79, as applicable; or 2. The permittee, including a regulated performer or technician, or any other person who is directly engaged in the management and operation of the regulated business has, while the permit is in effect: a. Allowed, committed or been convicted of an act that constitutes a violation of law which rationally and reasonably relates to theconduct of the regulated activity; or b. Allowed or committed acts listed in Section 10.70.050A2 to occur at a regulated business, irrespective of adjudication, conviction or acquittal; or c. Allowed a regulated performer or technician with a contagious or communicable disease to perform services under the auspices of the permittee; or 3. The permittee had knowingly made a false, mis- leading or fraudulent, material statement of fact in the permit application or any other document required in connection with the application. B. The chief of police shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The chief of police may issue the order without regard to the status of prosecution or finality 'of a conviction affecting a permittee, so long as the chief of police has determined that sufficient facts exist to justify the suspension. Page 3 The order shall be effective immediately if personally served, or seventy-two (72) hours after it has been deposited in the course of regular transmission in the United States Postal Service. C. Except as provided under Section 10.70.080D, immediately upon the order becoming effective, the permittee shall cease all operations allowed under the permit, and surrender the permit to the chief of police. D. In lieu of issuing an order of suspension or revocation, the chief of police may impose conditions of probation for a specified duration not to exceed one year, during which period the permittee shall be subject to the order of suspension or revocation if the chief of police determines those conditions have been violated. If the permittee accepts the order of probation, no appeal shall be allowed under Section 10.70.070. If, however, the permittee objects to the terms of probation, probation shall not be allowed, the order of suspension or revocation shall take effect, and appeal rights of the permittee under Section 10.70.070 shall then be applicable. E. Only when an appeal is taken to the city council shall the order of suspension or revocation be stayed pending determination by the city council in the manner set forth in Section 10.70.070 of this chapter. The determination of the city council will be final and conclusive and constitute the exhaustion of administrative remedies. The decision shall advise the permittee of the time limits in which to commence an action for judicial review, as set forth in Section 10.70.060. If the permittee elects judicial review in lieu of an appeal to the city council, however, then the order of the chief of police shall be deemed a final order constituting the exhaustion of administrative remedy, and the commencement of time within which to file for judicial review. Page 4 F. Police permits issued for an establishment to conduct business regulated under Chapters 10.71 through 10.79 are separate from and independent of any conditional use permit that is required or issued under the provisions of Title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that the same or similar terms and conditions may be applicable to both permits. Revocation or suspension of a police permit affects only the authority of the establishment to provide or allow a particular form of entertainment or activity at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. Page 5 NATIONAL CITY MUNICIPAL CODE TITLE 10 - PUBLIC PEACE, MORALS AND SAFETY DIVISION X — POLICE REGULATED BUSINESSES Chapter 10.73 — Live Adult Entertainment at Adult Oriented Entertainment Establishments 10.73.010 Permit required. A. An "adult oriented entertainment establishment" defined in Section 10.73.020A is a police regulated business, and a person performing "live adult entertainment" as defined in Section 10.73.020D in an adult oriented entertainment establishment is a police regulated performer. A police permit shall be required as a condition of operation or performance of activity of that business or activity. B. An adult oriented entertainment establishment shall not be required to obtain a separate police permit to operate as a cabaret or entertainment establishment regulated under Chapter 10.78. However, the regulatory provisions of Chapter 10.78 regulating noise control and patron conduct shall also be applicable to an adult oriented entertainment establishment as regulatory violations governing suspension or revocation of a permit issued under this Chapter 10.73. C. Issuance and administration of permits is governed by •-(Defeted:6 Chapter 10.70. 10.73.040 Patron contact —Prohibited. A. No live adult entertainer shall approach or be allowed to approach within six (6) feet of any patron of the permitted premises. B. Live adult entertainment shall be performed only upon a. stage or platform during the progress of the entertainment. The stage or platform shall be located at a minimum height of eighteen inches (18") above the floor of, and at a minimum distance of six (6) feet from, the patron seating or viewing area. Page 6 No patron shall occupy or be allowed to occupy the stage or platform during any performance. C. A passageway of not less than six (6) feet in width shall be provided through any part of the room occupied by customers, guests or patrons when required for the ingress and egress of live adult entertainers to the stage or platform where live adult entertainment is presented. D. No adult entertainment establishment operator shall allow a patron to approach within six (6) feet of, or touch, a live adult entertainer while any part of the performer's specified anatomical areas are exposed. E. No patron shall approach within six (6) feet of a live adult entertainer while any part of the performer's specified anatomical areas are exposed. F. Violation of any subsection of this section is a ,. misdemeanor and shall also be grounds for the suspension or revocation of a permit issued to an operator as well as the permit of the regulated performer or live adult entertainer who causes or allows any violation to occur. Page 7 Deleted: P Deleted: s(sl Deleted: not { Deleted: E NATIONAL CITY MUNICIPAL CODE TITLE 10 - PUBLIC PEACE, MORALS AND SAFETY DIVISION X — POLICE REGULATED BUSINESSES Chapter 10.79 — Massage Establishments Section 10.79.110 Exemptions. This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other professionals who are licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code. B. Nurses and other health care professionals who are registered or licensed under the laws of this state and administer a massage in the normal course of professional health care duties. C. A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete. D. Barbers and beauticians duly licensed under the laws of the state who administer a massage in the normal performance of their profession. E. Therapeutic massage administered in or under the auspices of any health facility, hospital or other establishment licensed under California statutes in which the above - described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision. Page 8 Deleted: who Deleted: nursing -{ Formatted: Font: 16 pt { Deleted: Any duly licensed { Deleted: such F. Any bona fide athletic club which offers tennis, --- racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section. Page 9 { Formatted: Font: 16 pt ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.70 PERTAINING TO POLICE REGULATED BUSINESS REGULATIONS, CHAPTER 10.73 PERTAINING TO LIVE ADULT ENTERTAINMENT AT ADULT ORIENTED ENTERTAINMENT ESTABLISHMENTS, AND CHAPTER 10.79 PERTAINING TO MASSAGE ESTABLISHMENTS AND ADDING CHAPTER 10.78 PERTAINING TO ENTERTAINMENT ESTABLISHMENTS BE IT ORDAINED by the City Council of the City of National City that Title 10 of the National City Municipal Code is amended as follows: Section 1. That Chapter 10.70, Sections 10.70.010, 10.70.020, and 10.70.080 be amended to read as follows: Section 10.70.010 Purpose and intent — Permit required. A. It is the purpose and intent of the City Council to establish procedures for permit issuance and regulation of certain businesses and activities as police regulated for the protection of the public health, safety and welfare. Businesses identified in this Division X (Chapters 10.70 through 10.79) have a higher degree of potential for one or more types of illicit activity -prostitution, disorderly conduct, gambling, fraudulent practices, or the concealment or facilitation of transfers of stolen property. Therefore, regulation of the operations of these establishments is appropriate to protect legitimate business practice and the public health, safety and welfare. B. A business, activity or a performer or technician which is identified in Chapter 10.71 through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or "regulated technician," as the case may be, and the specific regulations applicable to their conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly govern the administration and appeals process regarding the issuance, denial, suspension or revocation of any permit required to operate as a regulated business or activity or as a regulated performer or technician pursuant to Chapters 10.71 through 10.79. C. The issuance of a permit pursuant to this Chapter 10.70 does not excuse a regulated business, activity, performer or technician from complying with any other revenue or regulatory requirement of the Municipal Code or State law. A separate permit shall be required for each type of activity regulated by Chapters 10.71 through 10.79, unless otherwise provided. The issuance of a certificate or permit under other provisions of the Municipal Code does not excuse compliance with or create a defense to any violation of the requirements of this Chapter 10.70 or 1 Chapters 10.71 through 10.79, as applicable, or any other provisions of law or ordinance, including conditional use permits required under Title18. D. It is unlawful for any person to operate a business or activity or perform or practice as a performer or technician regulated by this Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, without a valid permit issued by the chief of police, or to operate, perform or practice while the permit is suspended or revoked. Each day a violation of this Section 10.70.010D exists constitutes a separate misdemeanor. Section 10.70.020 Definitions. For purposes of Chapters 10.70 through 10.79, the following definitions shall apply: A. "Person" means and includes a natural person, a partnership, joint venture or a corporation. B. "Applicant" or "permittee" means a natural person; and in the case of a corporation, its officers, directors and any shareholder owning more than 5% of any stock; and in the case of a partnership, its general partners. C. "Responsible person" means any person who is an owner or manager, or both, and includes any employee or agent in apparent charge of the premises for which the application is made or required or a permit is issued. D. "Permit" means a permit issued by or under the authority of the chief of police that authorizes activity regulated under Chapters 10.71 through 10.79. Section 10.70.080 Suspension and revocation. A. The chief of police shall suspend or revoke any permit issued under the provisions of this chapter if he or she finds that: 1. The operation conducted by the permittee violates any applicable laws, including but not limited to the city's building, zoning and health regulations and Chapters 10.70 through 10.79, as applicable; or 2. The permittee, including a regulated performer or technician, or any other person who is directly engaged in the management and operation of the regulated business has, while the permit is in effect: a. Allowed, committed or been convicted of an act that constitutes a violation of law which rationally and reasonably relates to the conduct of the regulated activity; or b. Allowed or committed acts listed in Section 10.70.050 A 2 to occur at a regulated business, irrespective of adjudication, conviction or acquittal; or c. Allowed a regulated performer or technician with a contagious or communicable disease to perform services under the auspices of the permittee; or 3. The permittee had knowingly made a false, misleading or fraudulent, material statement of fact in the permit application or any other document required in connection with the application. 2 B. The chief of police shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The chief of police may issue the order without regard to the status of prosecution or finality of a conviction affecting a permittee, so long as the chief of police has determined that sufficient facts exist to justify the suspension. The order shall be effective immediately if personally served; or seventy-two (72) hours after it has been deposited in the course of regular transmission in the United States Postal Service. C. Except as provided under Section 10.70.080 D, immediately upon the order becoming effective, the permittee shall cease all operations under the permit, and surrender the permit to the chief of police. D. In lieu of issuing an order of suspension or revocation, the chief of police may impose conditions of probation for a specified duration not to exceed one year, during which period the permittee shall be subject to the order of suspension or revocation if the chief determines those conditions have been violated. If the permittee accepts the order of probation, no appeal shall be allowed under Section 10.70.070. If, however, the permittee objects to the terms of probation, probation shall not be allowed, the order of suspension or revocation shall take effect, and appeal rights of the permittee under Section 10.70.070 shall then be applicable. E. Only when an appeal is taken to the city council shall the order of suspension or revocation be stayed pending determination by the city council in the manner set forth in Section 10.70.070 of this chapter. The determination of the city council will be final and conclusive and constitute the exhaustion of administrative remedies. The decision shall advise the permittee of the time limits in which to commence an action for judicial review, as set forth in Section 10.70.060. If the permittee elects judicial review in lieu of an appeal to the city council, however, then the order of the chief of police shall be deemed a final order constituting the exhaustion of administrative remedy, and the commencement of time within which to file for judicial review. F. Police permits issued for an establishment to conduct business regulated under Chapters 10.71 through 10.79 are separate from and independent of any conditional use permit that is required or issued under the provisions of Title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that the same , or similar terms and conditions may be applicable to both permits. Revocation or suspension of a police permit affects only the authority of the establishment to provide or allow a particular form of entertainment or. activity at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. 3 Section 2. That Title 10, Chapter 10.73, Sections 10.73.010 and 10.73.040 be amended to read as follows: Section 10.73.010 Permit required. A. An "adult oriented entertainment establishment" defined in Section 10.73.020 A is a police regulated business, and a person performing "live adult entertainment" as defined in Section 10.73.020 D in an adult oriented entertainment establishment is a police regulated performer. A police permit shall be required as a condition of operation or performance of activity of that business or activity. B. An adult oriented entertainment establishment shall not be required to obtain a separate police permit to operate as a cabaret or entertainment establishment regulated under Chapter 10.78. However, the regulatory provisions of Chapter 10.78 regulating noise control and patron conduct shall also be applicable to an adult oriented entertainment establishment as regulatory violations governing suspension or revocation of a permit issued under this Chapter 10.73. C. Issuance and administration of permits is governed by Chapter 10.70. Section 10.73.040 Patron contact — Prohibited. A. No live adult entertainer shall approach or be allowed to approach within six (6) feet of any patron of the permitted premises. B. Live adult entertainment shall be performed only upon a stage or platform during the progress of the entertainment. The stage or platform shall be located at a minimum height of eighteen inches (18") above the floor of, and at a minimum distance of six (6) feet from, the patron seating or viewing area. No patron shall occupy or be allowed to occupy the stage or platform during any performance. C. A passageway of not less than six (6) feet in width shall be provided through any part of the room occupied by customers, guests or patrons when required for the ingress and egress of live adult entertainers to the stage or platform where live adult entertainment is presented. D. No adult entertainment establishment operator shall allow a patron to approach within six (6) feet of, or touch, a live adult entertainer while any part of the performer's specified anatomical areas are exposed. E. No patron shall approach within six (6) feet of a live adult entertainer while any part of the performer's specified anatomical areas are exposed. F. Violation of any subsection of this section is a misdemeanor and shall also be grounds for the suspension or revocation of a permit issued to an operator as well as the permit of the regulated performer or live adult entertainer who causes or allows any violation to occur. 4 Section 3. That Title 10 is hereby amended by adding a new Chapter 10.78 read as follows: Chapter 10.78 ENTERTAINMENT ESTABLISHMENTS Sections: 10.78.010 Purpose and intent 10.78.020 Definitions 10.78.030 Entertainment permit — Required 10.78.040 Exemption from the permit requirement 10.78.050 Hours of. operation 10.78.060 Disorderly patron conduct — Regulated 10.78.070 Reasonable passageway — Required 10.78.080 Observation of noise abatement and control laws — Required 10.78.090 Disorderly conduct within 100 feet of premises— Regulated 10.78.100 Orderly dispersal— Required 10.78.110 Restrictions on alcoholic beverage on premises 10.78.120 Authority of police officer where there is immediate threat to public safety 10.78.130 Conditions imposed on entertainment permits 10.78.140 Issuance and duration of permit 10.78.150 Effect of revocation or suspension of entertainment permit Section 10.78.010 Purpose and intent. A. The Council of the City of City of National City encourages the development of arts and culture in City of National City, and recognizes that variety in entertainment venues in the City can provide a rich and diverse cultural experience for residents and visitors to the City. The Council also recognizes that non-alcoholic entertainment venues provide a safe place for families and young adults to gather. The Council finds also that entertainment establishments can present an environment with the potential for excessive noise generation and disorderly conduct by patrons, particularly at closing times, with adverse public safety impacts on surrounding businesses and residences. B. It is therefore the purpose and intent of this Chapter to regulate the operations of entertainment establishments in the interests of public safety. All permittees will be held responsible for controlling patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the City's youth from criminal activity and for minimizing disturbances as a result of providing entertainment at the premises of the establishment. 5 C. It is further the intent of this Chapter to provide options in imposing regulatory conditions tailored to the particular establishment which will allow the business or event to flourish while meeting the City's public safety needs and avoiding unnecessary restrictions on existing businesses or organizations with a history of compliance with the City laws. Section 10.78.020 Definitions. For purposes of this Chapter, the following definitions shall apply: A. "ABC License" means a license issued by the California Department of Alcoholic Beverage Control for the sale or consumption of alcoholic beverages. B. "Admission Charge" means any fee or charge for the right or privilege to enter any place of entertainment including a minimum service charge, event charge, cover charge, charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or any person providing entertainment. C. "Conditional use permit" means a permit issued by the city pursuant to chapter 18.116 in determining conditions related to the operation of public premises. D. "Dance and dancing" means movement of the human body, accompanied by music or rhythm. E. "Entertainment" or "live entertainment" means any single event or series of events open to the public and conducted for guests or patrons, including but not limited to: (1) Presentations by single or multiple performers, such as singers, musicians, hypnotists, pantomimes, comedians, musical song or dance acts, plays, concerts, any type of contest, sporting events, exhibitions, carnival, rodeo or circus acts, demonstrations of talent, shows, reviews, or any other activity which may be attended by members of the public. (2) Dancing to live or recorded music. (3) The presentation of recorded music played on electronic sound equipment which is operated by an agent or contractor of the establishment, commonly known as "DJ" or "disc jockey." F. "Theater" or "cinema" means any commercial establishment showing films or regular theatrical performances, such as performances of literary compositions that tell a story that are given usually, but not exclusively, on a stage and with ascending row seating or some similar arrangement of seating. G. "Cabaret" refers to a premises defined in Section 18.04.113, and shall include an "adult cabaret" defined by Section 18.69.020 H. Section 10.78.030 Entertainment permit — Required. A. Except as provided in this Chapter 10.78, it is unlawful for any person to provide, allow or permit any entertainment in an establishment or cabaret open to the public without a police permit. 6 B. The restrictions and regulations imposed by this chapter on patron conduct shall also apply to adult cabarets and other adult oriented entertainment establishments regulated in Chapter 10.73, violation of which may also result in suspension or revocation of a permit issued under Chapter 10.73. C. This chapter shall apply to existing and new establishments as provided in Section 10.78.140. Section 10.78.040 Exemption from the permit requirement. The following types of entertainment and events are exempt from the permit required by this chapter. This exemption does not relieve any establishment from complying with all other applicable laws, including noise control regulations contained in Title 12 of this Code. A. Entertainment sponsored by any public agency, board of education, or any political subdivision of the State of California. B. Entertainment sponsored by any non-profit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is youth activities and child welfare. If the event is a dance, the following requirements must also be met in order for the exemption to apply: (1) No person eighteen years of age or older shall be admitted as a guest, unless as a bona fide student or member of the sponsoring agency or organization; (2) No alcoholic beverages shall be served, consumed or permitted on the premises; (3) Chaperones from the sponsoring agency must be present on the premises at the rate of two adults at least twenty-five years of age or older for every one hundred guests; and (4) The event shall finish by 12:00 a.m. and the premises and the adjoining parking lots shall be promptly vacated by all the guests. C. Events conducted under a "Special Event Permit" issued pursuant to Chapter 15.60 which imposes conditions within the permit related to the entertainment. D. Entertainment at any establishment limited solely to the playing of a radio or sound system, music recording machine, juke box, television, or recorded music, including karaoke, provided no dancing is allowed or permitted; E. Entertainment not open to the public that is provided for members and guests at private clubs having an established membership with regular dues, the operation of which is not primarily for monetary gain; F. Entertainment for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge. G. Entertainment conducted in connection with a regularly established recreation or theme park; H. Entertainment conducted or sponsored by any club, organization, society or. association which is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3), when all proceeds, if any, generatedfrom the 7 0 entertainment are used exclusively for the benevolent purposes of such club, society or association; I. Performances by students that are part of a curriculum or program at educational institutions defined by the Education Code; J. Theaters; K. Motion picture theaters or cinemas not providing live entertainment; L. Dance lessons, theatrical and performing arts lessons; M. Book readings, book signings, poetry recitations, and similar entertainment, including plays, consisting only of spoken words, or with incidental music; N. Political fund-raisers; O. Entertainment at cabarets consisting of ambient electronic or incidental music provided for the guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, guitarist or band. If, however, there is an admission charge required to observe or listen to such entertainment, it will not be considered ambient or incidental. P. Any establishment, venue or assemblage of 49 persons or less, as restricted under a maximum occupancy load for the premises, provided that all the following conditions exist: 1. There is no admission charge; 2. The premise is not licensed for the sale or consumption of alcoholic beverages;. 3. Customer dancing is not allowed. 4. Any entertainment ceases between the hours of 2:00 a.m. and 6:00 a.m. Section 10.78.050 • Hours of operation. All entertainment establishments subject to this chapter must be closed and all patrons must vacate the premises between 2:00 a.m. and 6:00 a.m. Section 10.78.060 Disorderly patron conduct — Regulated. The responsible person shall make reasonable efforts to remove from or prevent the admission to the premises of any person whose conduct is or would be in violation of Penal Code Section 415 (fighting, loud noise, offensive words in public places) or Section 647 (disorderly conduct) at the premises or on any parking lot or parking facility used, owned or leased by the establishment. This section is regulatory only. Section 10.78.070 Reasonable passageway —Required. It is unlawful for any responsible person to fail to provide a reasonable passageway, which passageway shall not be less than six (6) feet in width through any part of a room used by patrons and entertainers for their ingress and egress. This section is regulatory only. 8 Section 10.78.080 Observation of noise abatement and control laws — Required. The responsible person shall observe all laws applicable to noise abatement and control contained in Title 12 of this Code. When applicable, a regulated premise may be required to reduce the sound level of music to a designated decibel level - notwithstanding the allowance under title 12 of a higher decibel level limit within one hour prior to closing time in order to minimize noise behavior of patrons upon departure. This section is regulatory only. Section 10.78.090 . Disorderly conduct within 100 feet of premises — Requlated. The responsible person shall take reasonable steps to control the conduct of patrons so as to prevent or minimize noisy patron behavior and disorderly or unlawful conduct at the establishment and within one hundred (100) feet of the establishment on the public sidewalks or rights -of -way. Unlawful conduct includes solicitation for acts of prostitution or sales of narcotics and other controlled substances. The responsibility for patron conduct shall also extend for a distance of one hundred (100) feet along the public sidewalks or rights -of -way from any other property owned, used or leased by the regulated premise for parking. Noisy patron behavior shall include yelling, shouting or loud talking after 10:00 p.m. nightly that continues for more than one minute and disturbs two or more adult occupants of residential structures within one hundred (100) feet of the regulated premises or any incidental property used for parking, even if such conduct is not otherwise unlawful. Distance shall be measured in a straight line from the boundary of the regulated premise or incidental property. This section is regulatory only. Section 10.78.100 Orderly dispersal — Required. The responsible person shall cause the orderly dispersal of individuals from the establishment at closing time, and shall not allow any patrons to congregate on public sidewalks or rights -of -way within 100 feet of the premises or on any parking lots owned, used or leased by the establishment. This section is regulatory only. Section 10.78.110 Restrictions on alcoholic beverage on premises. No person shall bring or be allowed to bring or possess an alcoholic beverage in premises regulated under this chapter unless allowed by the permittee's ABC license. This section .is regulatory only. Section 10.78.120 Authority of police officer where there is immediate threat topublic safety. A. A police officer may require a permittee or other responsible person to immediately cease operations and disperse all patrons for the remainder of its daily operation whenever disorderly conduct by patrons reaches a magnitude that presents an immediate threat to the public safety and well-being of patrons or general public in the vicinity. 9 B. It is unlawful and a misdemeanor for any person to fail to comply with any directive issued by a police officer under the authority of Section 10.78.120(a). Violation by a responsible person of a regulated premise shall also constitute grounds for revocation or suspension of the permit. Section 10.78.130 Conditions imposed on entertainment permits. A. The chief of police may impose conditions relating to the operation of the entertainment on the permit. Conditions may require or relate to: 1. • The days, hours and location of operation; 2. Separate entrances, exits, and restroom facilities on the premises, or similar restrictions designed to prevent minors from obtaining alcohol; 3. Age restrictions on minors allowed on the premises; 4. Hiring and numbers of licensed security guards; 5. Advance notification being given to the Chief of police of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; 6. . In consultation with the planning director or building and safety_ director, use of sound insulation or acoustic barriers and measures designed to minimize sound disturbances to surrounding premises; and, 7. Other conditions reasonably related to public safety and welfare. B. Conditions shall be based on specific facts or events reasonably. related to insuring public safety, including the protection of minors from alcohol and other criminal activity. C. Conditions will be listed on the permit. D. The Chief of police shall consider the appropriateness of the conditions as they may affect other lawfully permitted activities on the premises. E. No conditions shall be imposed that conflict with any local, state or federal law or the permittee's ABC License. F. Notwithstanding Section 10.78.130 A, if the applicant has an ABC license or a conditional use permit issued since January 1, 2002 upon which the chief of police has had meaningful input in determining conditions on the permit related to the operation of the entertainment, including the ages of the patrons, and there has been no change in or violations regarding the manner or type of entertainment offered, those conditions will also be the conditions of the police permit issued under authority of this chapter. Nothing in this subsection is intended to prevent the Chief of police from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41., 47, and various club licensed premises) with reasonable conditions placed on the permit to prevent curfew violations and protect the minors from alcohol and other criminal activity. .G. Unless otherwise stated on the permit, a permit's conditions are subject to modification (1) at the time of renewal of the permit at the request of the permittee, (2) in conjunction with a modification of the same conditions on an 10 ABC license or conditional use permit, or (3) at the time of renewal by the Chief of police based on demonstrated experience at the regulated premises. At the time of renewal, the Chief of police may order the removal or modification of any condition. Nothing in Sections 10.78.130 F or G is intended to prevent the Chief of police from modifying any condition in conjunction with regulatory action taken against the permittee pursuant to Chapter 10.70. H. Issuance, imposition, suspension or revocation of any particular condition or permit is appealable through the procedures set forth in Chapter 10.70. I. Conditions may not be imposed to suppress or regulate speech in any manner contrary to the First Amendment. Section 10.78.140 Issuance and duration of permit. A. With the exception of a permit that is issued for a single event, any public dance, cabaret, or commercial recreational assemblage permit issued on or before the effective date of this ordinance shall be valid for one year from the date it was issued, subject to the conditions or restrictions existing at the time it was issued. Renewal applications shall be submitted to the chief of police in accordance with Chapter 10.70. The chief of police may impose conditions on a renewal permit in accordance with this chapter. The chief may modify the application process to eliminate requirements that are redundant or irrelevant to a particular premises or its operation. All new permits and renewal permits shall remain valid until revoked, suspended, cancelled by the permittee, or until a change in ownership occurs. Permits shall not be assigned without the express authorization of the chief of police; unauthorized assignment shall automatically void the permit. B. The provisions of this chapter shall be applicable to all entertainment establishments currently doing business in the city. Existing establishments that are not covered under Section 10.78.140A shall make application for a permit within sixty (60) days following the effective date of this chapter. Section 10.78.150 Effect of revocation or suspension of entertainment permit. Police permits issued under this Chapter 10.78 are separate from and independent of any conditional use permit that is required or issued under the provisions of title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that those same or similar terms and conditions may be applicable to both. Revocation or suspension of an entertainment permit shall affect only the authority of the establishment to provide or allow entertainment or dancing at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. 11 Section 4. That Title 10, Chapter 10.79, Section 10.79.110 be amended to read as follows: Section 10.79.110 Exemptions. This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other professionals who are licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code. B. Nurses and other health care professionals who . are registered or licensed under the laws of this state and administer a massage in the normal course of professional health care duties. C. A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete. D. Barbers and beauticians duly licensed under the laws of the state who administer a massage in the normal performance of their profession. E. Therapeutic massage administered in or under the auspices of any health facility, hospital or other establishment licensed under California statutes in which the above -described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision. F. Any bona fide athletic club which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section. PASSED and ADOPTED this day of , 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 12 Nick lnzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE . APril 1, 2003 - AND READING AGENDA ITEM NO. • ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 3.04.020 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY George H. Eiser, IIIp DEPARTMENT City Attorney EXPLANATION Ext. 4221 Thisordinance would amend the Municipal Code to place the newly established position of Special Assistant to the Mayor in a at -will, non -civil service status. A companion item on this agenda is a resolution establishing the position, and setting the salary band for the position. ( Environmental Review X NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) . Resolution No. Proposed ordinance. A-200 (sag) . ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 3.04.020 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City that Section 3.04.020 of the National City Municipal Code is hereby amended to read as follows: 3.040.020 Applicability. In accordance with Section 45000 et seq., of the California Government Code, the provisions of this title and city civil service rules apply to the classified service which includes all offices, positions and employment in the service of the city, except 1. Elective officials; 2. Members of appointive boards, commissions, and committees; 3. City manager, 4. Assistant city manager, 5. City attorney; 6. Senior assistant city attorney; 7. City librarian; 8. Records management officer, 9. Special assistant to the Mayor; 10. All department directors as so designated by city manager; 11. Persons engaged under contract or grant to supply expert, professional or technical services for a definite period of time; 12. Volunteer personnel who receive no regular compensation from the city; 13. Emergency employees who are hired to meet the immediate requirements of any emergency condition, such as an extraordinary fire, flood or earthquake; 14. Employees who are employed for less than twenty hours per week or who are employed temporarily for a definite period not exceeding twelve consecutive months. PASSED and ADOPTED this day of , 2003. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Della City Clerk George H. Eiser, III City Attorney MEETING DATE April 1, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLE REPORT ON THREE -UNIT RESIDENTIAL PROPERTY AT 2508 A AVENUE PREPARED BY Roger Po 336-4310 DEPARTMENT Planning EXPLANATION At the March 18th City Council meeting, Larry Williams, the listing agent for property at 2508 A Avenue, asked for a letter granting unrestricted zoning rights to rebuild the three existing residential units present on the site. The attached background report describes this matter in detail. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Council direction requested BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Background Report 2. Location Map \„3. Site Photos A 10 Awlicable Redevelopment Plan Sections Resolution No. BACKGROUND REPORT The property in question is at the southwest corner of 251 Street and A Avenue. It is a 7,500 square foot lot located in the CA-PD Commercial Automotive — Planned Development zone. There are currently three residential units on the lot, including one detached unit and a duplex. The units are in fair condition; the duplex appears to be unoccupied. Nearby uses in this block of A Avenue are almost all residential, including a single-family home and an apartment complex to the south, and apartments across the street in the RM-1-PD and RM-2-PD Multi -Family Residential zones. The only commercial use in this block is a small used car lot at the northwest corner of A and 26th Street. Ball used auto sales is across the alley to the west and a Ball auto body lot is to the north across 25th Street, both in the CA-PD zone. The General Plan/Zoning and Redevelopment Plan for the City identify this and other properties on the west side of A Avenue as intended solely for new and used automobile and truck sales and services. There is no residential zoning between A Avenue and National City Boulevard. Mr. Williams had previously asked Planning staff for a zoning letter indicating unrestricted rights to - rebuild the existing units on the property. Zoning letters are frequently requested by lenders to verify Land Use Code requirements. The applicable CA zoning for this property does not allow residential uses; consequently, the 3-unit multifamily use is considered lawful nonconforming. Although the Land Use Code allows the use to continue, it prohibits the units from being rebuilt if they are damaged to an extent that exceeds 50% the replacement cost of the structure. This provision is typical in many cities. The intent is to phase out uses that are not planned for. The Code does, however, allow single-family homes to be rebuilt in any zone. If Council wishes to accommodate the rebuilding of residential uses on this site, several options could be considered: 1. If the properties on the west side of A Avenue between 25t Street and 26th Street are viewed as more suitable for residential development than an auto dealership, the General Plan/Zoning designation could be changed to RM-1-PD Multi -Family Residential — Planned Development. The existing residential uses would be permitted under RM-1 zoning, and automotive uses would no longer be allowed. 2. The nonconforming regulations in the Land Use Code could be amended to allow multi -family developments of eight or fewer units in the commercial zones to be rebuilt. The amendment could allow this either by right or with a Conditional Use Permit. This could help address the need for additional housing production in the City. This amendment would affect all properties in the City in the commercial zones. 3. The General Plan and Land Use Code could be amended to make multi -family residential a permitted use in the CA zone, either by right or with a Conditional Use Permit. This would cause all residences in the zone to become conforming uses that could be rebuilt if destroyed and would also allow for new residential development. This amendment would affect all properties in the City in the CA zone. If Council wishes to discourage residential development on the property, this report can be filed. SUBJECT PROPERTY - - - - ZONE BOUNDARIES N MULTI -FAMILY USE SINGLE-FAMILY USE COMMERCIAL USE AUTO USE NATIONAL CITY PLANNING DRAWN : 3/26/03 FRONT VIEW OF DETACHED UNIT SIDE VIEW OF DETACHED UNIT FRONT VIEW OF DUPLEX UNITS REAR VIEW OF DUPT ,FX UNITS C. (703) Transportation Center This use district encompasses all of the Commercial Zones (CA, CM, and CH) along National City Boulevard, south of 18th Street to 33rd Street, and is designed primarily to furnish areas for new and used automobile and truck sales and services. The objective is to provide for a complete sales and service unit for each dealership on contiguous land. In all agreements entered into by the CDC, independent used car sales, services, or repairs will not be permitted unless such activity is an integral part of a new vehicle dealership. Permitted uses in the transportation center use district include: • New automobile and truck sales, leasing, and rentals. • Used auto and truck sales when part of a new vehicle dealership and located on contiguous land. • Service and repair of trucks and automobiles when provided by new vehicle dealer on contiguous property. • Sale of vehicle parts and accessories when provided by new vehicle dealership on contiguous property. • Sale or rental of campers, camper trailers, vacation trailers, self-propelled mobile homes, boats, and other sporting and pleasure equipment which is substantial in size. This activity must be incidental to the principal activity of the automobile and/or truck dealership. • Other related uses, with the review and recommendation of the Planning Commission, which are consistent with the objectives of this Plan. D. (704) Public Uses 1. (705) Public Street Layout. Rights -of -Way and Easements The public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element of the General Plan. Interstates 5 and 805 connect the Project Area to the greater metropolitan region. Primary streets in the Project Area include: Tidelands Avenue, Harrison Avenue, National City Boulevard, Highland Avenue, 8th Street, Civic Center Drive, and 24th Street. Certain streets and rights -of -way may be widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the CDC and City in the Project Area as needed for proper development and circulation. nadcity\rdplan 22 5/08/95 MEETING DATE 4/1/03 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 11 ITEM TITLE REQUEST FROM GRANGER JUNIOR HIGH SCHOOL TO USE PORTABLE STAGE AND 200 CHAIRS PREPARED BY Miguel Diaz 336-4290 EXPLANATION DEPARTMENT Parks & Recreation Attached letter from Granger Junior High School to use our stage and 200 chairs on Thursday, June 19, and Friday, June 20, 2003 for graduation ceremonies. ( Environmental Review x N/A Financial Statement No overtime involved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Request council guidance. School will provide overnight security. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L. Letter from Granger Junior High School Resolution No. A-200 (9/99) Granger Junior High School Sweetwater Union High School District 2101 Granger Avenue, National City, CA 91950 (619) 472-6000 Griffins March 4, 2003 Mr. Miguel Diaz National City Recreation Services 140 East- 12th Street National City, CA 91950 336-4290/FAX 336-4292 Dear Mr. Diaz: Griffins Thank you for the use of the portable stage and 200 folding chairs for our promotional ceremony at Granger Junior High last year. We would like to reserve use of the portable stage and 200 folding chairs at this year'.s promotional ceremony scheduled for 9:00 a.m. on June 20, 2003. We request the use of the stage and chairs for our practice scheduled for the morning of June 19, 2003 until after the promotional ceremony on June 20, 2003. I am requesting that the National City Council approve our request at the next Council Meeting. We look forward to working with you again to serve our community. Thyou, (7 Lee Romero Assistant Principal City of National City, California COUNCIL AGENDA STATEMENT April 1, 2003 MEETING DATE AGENDA ITEM NO. 12 ITEM TITLE TEMPORARY USE PERMIT — NATIONAL CITY CHAMBER OF COMMERCE - CIRCUS VARGAS PREPARED BY Claudia Caro, Permit Tec1irnET rrz� V' Building and Safety EXPQANA3iOH4uest from National City Chamber of Commerce to host a circus, provided by Circus Vargas on the lot south of the old wards building in the Plaza Bonita parking lot. The show times are as follows: Tuesday, April 8th (Opening Day) 7:30 p.m. and 9:30 p.m. Wednesday, April 9th 5:00 p.m. and 7:30 p.m. and 9:30 p.m. Thursday, April 10th 5:00 p.m. and 7:30 p.m. and 9:30 p.m. Friday, April 11th 5:00 p.m. and 7:30 p.m. and 9:30 p.m. Saturday, April 12th 2:30 p.m. and 5:00 p.m. and 7:30 p.m. and 9:30 Sunday, April 13th 12:30 p.m. and 3:00 p.m. and 5:30 p.m. and 7:30 The last shows ends at 9:30 p.m. each day, except Sunday when the last show ends at 7:30 p.m.. Set up begins at 9:00 a.m. Monday, April 7th and continues until 5:00 p.m. on the day the show opens. Tear down begins at 8:00 p.m., Sunday, April 13th and ends at noon, Monday, April 14t. The applicant is requesting a waiver of fees and of the bond. The applicant and the event qualify for a waiver pursuant to City Council Policy No. 704. Environmental Review X N/A Financial Statement The City has incurred $150.00 in costs in processing the T.U.P. application through various City Departments, $85 in Fire Department fees, and $50 in inspection fees from the Finance Department. In addition, Finance is requesting a $2,500 bond. Account No. STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of the $285 in fees and the $2,500 bond. 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: National City Chamber of Commerce EVENT: Circus Vargas DATE OF EVENT: April 8-13, 2003 APPROVALS: PLANNING FIRE FINANCE POLICE RISK MANAGER SPECIFIC Conditions of Approval: YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ xl NO [ 1 SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [x 1 FIRE (336-4550) 1. No Fire Department access shall be blocked at any time in any way. 2. A minimum of seven exists shall be maintained at all times. They shall have a minimum width of 10 feet with no obstructions and they shall be clearly marked. 3. A minimum of 13 2-A:10-B:C extinguishers shall be available for immediate use in the Big Top and an extra 8 extinguishers shall be located every 75 feet outside the Big Top. 4. Aisle widths shall be maintained at a minimum 44 inches. 5. Exits and aisles shall remain unobstructed at all times. 6. Automobiles and other internal combustion engines shall be a minimum of 60 feet away from the Big Top and 30 feet away from all other tents/canopies. 7. No open flames or smoking shall be permitted inside or adjacent to any tent or canopy. 8. Tents and canopies shall be treated with a flame retardant and bear the State Fire Marshal's seal. 9. A permit for the tent/canopy will be required by the Fire Department a minimum of 2 weeks prior to the event. The fee is $85 and the check is to be made payable to the City of National City. 10. There shall be an inspection of the circus grounds prior to any public admittance FINANCE (336-4330) 1. A $2,500 bond is required for the Carnival or Circus. 2. A $50.00 inspection fee is required and a list of all approved vendors is to be provided to the Revenue and Recovery Division of the Finance Department 3. A Business License is required of all vendors and separate Businesses participating or organizing the event including the Carnival or Circus Contractor. POLICE (336-4400) 1. Circus Vargas security has been adequate in recent past. 2. Police reserves will be requested, but there is no guarantee they will be available. We will emphasize their presence for weekend night events. 3. If animal rights protests become an issue this may cause Police overtime costs. RISK MANAGER (336-4240) 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. (Chamber provided evidence parking authority is not listed as an additional insured, still need certificate of insurance for Circus Vargas) 2. Name the City of National City and Parking Authority of the City of National City, their officials, employees, agents and volunteers as additional insureds on the policy. 3. Execute standard hold harmless with the Parking Authority as well as the City of National City. (The hold harmless agreement submitted only lists the City) (The National City animal control department and the San Diego County Health have been notified) Type of Event: _ Public Concert Parade _ Motion Picture _ Fair _ Festival Demonstration X Circus _ Grand Opening _ Other T Community Event Block Party Event Title: Circus Vargas Event Location: Plaza Bonita Shopping Center Parking lot Event Date(s): From 4-8-03 to 4-13-03 Total Anticipated Attendance: Month/Day/Year ( Participants) see attached ( Spectators) Actual Event Hours: am/pm to am/pm Settip/ZssVbly/construction Date: 4- 7- 0 3 Start time: 9 a. m. Please describe the scope of your setup/assembly work (specific details): assemble circus tent 4-14 12-noon 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. none Sponsoring Organization: N.C. Chamber of Commerce For Profit X Not -for -Profit Chief Officer of Organization (Name) Edith Hughes, CEO Applicant (Name): National City Chamber of Commerce Address: 901 National City Boulevard, National City, CA 91950 Daytime Phone: (61 9 477-9339Evening Phone: 61 9) 475-61 24 Fax:61 9) 477-501 Contact Person "on site' day of the event: Edith Hughes Pager/Cellular: NOTE: THIS PERSON MUSTWBE IN ATTENDANCE LtuR 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): Fund-raiser for the Chamber of Commerce $125,000 X YES NO X YES _ NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ 12,000.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 25% pre -sale tickets, 15% circusticket sales Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. circus acts, pony rides within perimeters of circus layout. _ YES X 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 X NO Does the event involve the sale or use of alcoholic beverages? X YES NO Will items or services be sold at the event? If yes, please describe: Circus will sell souvenir items, canned sodas, hot dogs, popcorn and peanuts. _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: SEE ATTACHED Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO 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 hot dogs cooked in Please describe how food will be served at the event: steamer, everything else is packaged. If you intend to cook food in the event area please specify the method: . GAS ELECTRIC _ CHARCOAL _ OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths,exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose off waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Circus Vargas will provide trash disposal and clean up at site.- 3 Please describe your procedures for both Crowd Control and Internal Security: Circus Vargas will provide security guards. We will also request police reserves. YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: X YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: The parking lot lights will be ample Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Circus Vargas will provide Please describe your Accessibility Plan for access at your event by individuals with disabilities: Everything is ground level - seating available for individual with disabilities Please provide a detailed description of your PARKING plan: Ample parking at Plaza Bonita near the circus area Please describe your plan for DISABLED PARKING: Plaza Bonita has ample handicap parking Please describe your plans to notify all residents, businesses and churches impacted by the event: Businesses within mall will be notified No residents on south side of Center NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _YES XNO 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 X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: 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 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit, organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization N.C. Chamber of Commerce Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? x Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. x 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. ' X No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? X Yes (Please provide an explanation and details. Percentage of ticket sales go to National City Chamber of Commerce No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X No (P lease sign the form and submit it with the TUP Application) Signature /464-64) —2/1/1/t k t icunq Date A/N h l G RO rrrrr pia .bonila ENTRANCE. V7'kI`T ENTRANCE �m 12 ".. PLAZA BONITA EMPLOYEE PARKING YOU MAY ONLY PARK IN THOSE AREAS SHOWN IN YELLOW O Sh'EEn'mAT fl RCttp tiR NATIONAL CITY CHAMBER OF COMMERCE CIRCUS VARGAS 2003 DATES and SHOWTIMES SET UP MONDAY, APRIL 7TH 9 A.M. TO 5 P.M. - TUESDAY, APRIL 8TH Tuesday, April 8th (Opening Day) 7:30 P.M. To 9:30 P.M. Wednesday, April 9th 5:00 P.M. 7:30 P.M. To 9:30 P.M. Thursday, April 10th 5:00 P.M. 7:30 P.M. To 9:30 P.M. Friday April 11th 5:00 P.M. 7:30 P.M. To 9:30 P.M. Saturday, April 12th r 2:30 P.M. 5:00 P.M. 7:30 P.M. To 9:30 P.M. Sunday, April 13th 12:30 P.M. 3:00 P.M. 5:30 P.M. To 7:30 P.M. TEAR DOWN SUNDAY, APRIL 13TH 8:00 P.M. TO 12 NOON - MONDAY, APRIL 14TH P,Xterlor • • • zLl 1111111� ' 1 W+.h6 n•Y.•Y r • 40 1 PEftFOME(15 ENTR NCE ��` ,I23 6_ "--A-- 41 1 - 40'' EXIT �• t. ENTRAtCE I - 23' 6" `• •% EXIT . 6 - 10• EXITS • x - 1-'ire Extingulehoro\ (7bta1. oC 14, 3o.7dxd a �a �j / 41'as13 3a.e1 w..or exitr) I tEi I 20 - Tiro Lane around entire layout (outuide Cupola atakea r� X Marque- 2. I ' • MARQUEE.' �40tt dlam' • • • SEA71NG CAP ACT rf 24t4 %t 03/12/2003 10:38 FAX a 001 March 11, 2003 Kathleen Trees 1243 National City Blvd. National City, CA 91950-4397 Dear Kathleen: �est�eld SHOP PINOTOWN PLAZA BONITA 3030 Plaza Bonita Road, Suite 2075 National City. CA 31950.8007 Telephone (6191267.2850 Facsimile (6191472.5652 Please be advised that the National City Chamber has the permission of Plaza Bonita to apply for a temporary use permit for the use of our parking lot for the Circus Vargas. The circus will be placed in our lot South of the "Old Ward's` Building. The event will take place from April 8 to April 13,2003. If you have any questions, please do not hesitate to call. Sincerely, PL BONITA LP ellems General Manager CK:ar Cc: Edith Hughes City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization National City Chamber of Commerce Person in Charge of Activity Edith Hughes, CEO Address 901 National City Boulevard, NM-1nnal City, CA (619) 477-9339 (� - P 91953 Telephone Dates of Use April 8 A ri 1 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applica Chief Executive Officer March 11, 20.03 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 • 11/21/02 THU 11:55 FAX 858 462 8004 WATERIDGE INS. I@I002 A{j OR!/. aw•Mra+- .<..qp-rl.•nC'.+:e.:rU1= :vTurS.+.YTY3iY�'.!kkTte PRODUCER Wateridge Insurance Services 10525 Vista Sorrento Pkwy #300 San Diego CA 92121 Ronald B. Guy Pbene Ne 858-452-22 0 F,:HE. 858-452-6004 INSURED Y y0,...7 1' ,v ' �t1. ritAgt- DATEINMIDWYTI F 1$tLC = 11/21/02 1.1 THIS CERTIFICATE IS ISSUED AS A MATTER OFIVIFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMP ANY eland Casualty Company A COMPANY B' COMPANY C COMPANY 0 C ru 'I �irl s " Ii' .I r..IS,a ds:u'IM1viy.-1Talgraili ilgtaNc`I'' xc?-.. e = - E OW NAVE BEEN ISSUED TO THE IN6URE0 NAMED National City Chamber of Commerce /11 "AH Avenue National City CA 91950 VERAGOC FYTH .. ._-C INSURANCEF ABOVE FOR THE POUCYPERIOD INDICATED, NOTIFYTSTTTNNG ANYYIRE REQUIREMENT, TERN NCSTED L- - - INOR:0.TED. NOIWITNSTANDINCTERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WIn1 RESPECT TOWHICHTM: CERTHIcATETWY BE ISSUPDOR MAY PERTAIN, TNETASURATWCE AFFORDED by THE POLICE'J DESCRIBE) HEREIN IS SUSJECYTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OP SUCH POLICES. UMRS SHOWN MAY HAVE DEER REDUCED BY PAID CLAIMS. •� LTCO TYPE OF INSURANCE POLKY NUMBER A GENERAL UABIUTY A ;.X��' CO�MMERCIAL RAL GENEUAERITY 74 1 CWMs MADE OCCUR OWNER'S A CONTRACTOR'S PROT AUTOMOBILE UADIUTY X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNEO AUTOS PAS038912516 PAS038912516 POLICY EFFECTIVE POLICY EXPIRATION OATS (MMNIDNY) DATE (MW/ODNY) A GARAGE UABRrtY 1ANY AUTO EXCESS LABILITY 1 UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' UABILITY THE PROPRIETOR! PARTNERWEXECUTNE OFFICERS ARE: 'NCI. EXCL OTHER Property Coverage PAS03B912516 09/22/02 09/22/02 LINTS GENERAL AGGREGATE 09/22/03 PRODUGT6•COMNOPAGG PeySONALAADVUUURY EACH OCCURRENCE FIRE DAMAGE (Any new R„) MED EXP (Any sea Person) 09/22/03 COMBINED SINGLE LIMIT BODILYINJURY (PK BODILY INJURY U'N aeeld.nO S S 4,000,000 4,000,000 s2,000,000 S 2,000,000 $2,000,000, $ 10 , 000 $1,000,000 ' S S PROPERTY DAMAGE S 09/22/02 09/22/03 AUTO ONLY- EA ACCOENY S OTHER THAN AUTO ONLY/ r:—qe�^—_...-PkP, EACH ACCIDENT $ AGGREGATE $ EACNACCURRENCE AGGREGATE S $ 6 1 TORY LI TS OEN EL EACH ACCIDENT EL DISEASE - POLICY UMIT S S EL D1SSAse • EA EMPLOYEE S Building $111,000 Contents $42,000 DESCRIPTION of OPERATIONSA-OCATIONSNENICLES/SPECIAL ITEMS *ENAMED AS 10 DAAYYS NOTICE FORINSNON OF PREMIUM. CERTIFICATE HOLDER IS 'ARtMLdil�t` " 0i(i" ����c���F �I'z- . s aa.uw-....�_.7a�d�i�T•]',SLkrXu%�`'i`�E' CERFIFl4?.Q�ik?9!ci ' ' T:"aia>, NATLCIl SHOULD ANY OF THE ABOVE DESCNBEO POLICES BECANCEU.E)BEfORE THE Ex/IMTION DATE THEREOF, THE ISSUING COMPANYWRL ENDEAVORTO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAR. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD, AUTNORILED REPRES • NATIONAL CITY CA 91950 Ronald B. Guy OF ANYKIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. of b h iii 1i'd l,'i�i.�l{ S� S�i�� bFdlird'p�¢�yn l•19Eio EiSA}.lijA tVe;•. f.:dGi[.�aYYf �'i•f I1�A i1.6i1t I11 Vll'CIYCI:41L�•YYC�.�:: F' Fiv,i� IdPik 11� t3 i fl�Trr 14 . . Certificate of ane REGISTEi1ED • C01-1C131N Ho. F-323 013AaYiCe ISSUED aY MILLER EQUIPMENT COMPANY P.O. Box J — E. Kirk Rd. Hugo, OK 74743 405-326-3173 Onto of Manufacture 12/01/92 F-323 This is fa certify that the materials doscribod on the rovcrse lido hereof haYo been t?ama- rotardcnt Treated (or aro inherently. nonflammable). 223 F'�Gt Thousarx3 Oaks Blvd, #406 FOR Ia t �"'' DBA Circus Varga ADDRESS Ci-ry Thcu.=ard caks STATE C`11 i forn1a 91360 Corfificafion is horoby made fhafr (Chock "a" or "b") (a) The articles doscribod on the reverse side of this Cortificaio have boon treated with a flamo-retardant chemical approved and registered by the State Fire Marshal and that the application or" said chemical' was done in 'conformance with the laws of the State of California and the Rules and Regulations of the State Fire Marshal. Name of chemical used Chem. Reg. No.-.-_ ..... __....... _... Method of application. (b) The articles described on the reverse side hereof are made from a flame -resistant fabric or material registered and approved by the State Fire Marshal for such use. Trade name of flame -resistant fabric or material used La Piastiveneta-USA-iriEC Rey. No. F-33 The Flame Retardant Process Used WILL NOT ..Be Removed By. Washing Min or wilt ncij Scala T eloni/La Plastiven eta Miller Equipme t Co pang, Inc. m �. `,\ d JAMES K. JUDKINS •By ROW N/A City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 1, 2003 AGENDA ITEM NO. 13 ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT —SOUTHWESTERN COLLEGE HIGHER EDUCATION CENTER -CAREER FAIR Claudia Caro, Permit Tech. 336-4210 C 'C' Building and Safety DEPARTMENT This is a request from the Southwestern College Higher Education Center to hold a career fair on the front sidewalk of 701 National City Blvd. from 11:00 a.m. to 2:00 p.m. on Thursday, April 3, 2003. The event is an informational career fair. Employers and educators will display information regarding their business and programs offered. No food or drinks will be sold. The event is free and open to the public. A waiver of the T.U.P application fee is requested, the applicant and event qualify for a wavier of fees pursuant to City Council Policy No. 704. L2 Environmental Review Financial Statement The City has incurred $198.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of the $198.00 T.U.P. processing fee. 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: Southwestern College Higher Education EVENT: Career Fair DATE OF EVENT: April 3, 2003 TIME: 11:00 a.m. until 2:00 p.m. APPROVALS: PLANNING FIRE RISK MGR. PUBLIC WORKS CITY ATTORNEY POLICE YES [x] YES [x] YES [x] YES [x] YES [x] YES f x] SPECIFIC Conditions of Approval: NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ SEE CONDITIONS [ ] SEE CONDITIONS [ x. ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS I 1 FIRE (336-4550) No Fire Department access is to be blocked during this event. RISK MGR. (336-4240) Minimum limits of one million dollars per occurrence of general liability insurance. (DONE) That the City of National City and it's officials, employees, agents and volunteers be names as additional insured on above policy. Standard hold harmless signed. PUBLIC WORKS (336-4580) No services needed from the City. CITY ATTORNEY (336-4220) 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. Legend 6501A CarrerRransfer Center 650A Dental Hygiene Clinic 65056 FaroItylStaB Lange 6510A Baiater, 6512 Dental Hyelee ProOtari 6502 Administration 6505A Health Semmes 6509 Compute/let 6511 3Com Lab iv Ramp to Student Parking Alley 6607 6608 Student Serolees 701 National City Boulevard Perking Structure Entry and Exit 6509A MTS Bus Reties: 29, 55. 222, 601 7nmII.y Stollen en 6tn Street Room 6502 will be set up for registration and refreshments ** Large trash bin is available for disposal of smaller trash bags as needed *** Permanent Men and Women's Restrooms are provided inside the event location tines ( ri;C4 **** Two tables with four chairs each and a canopy (Each Canopy is 6 X 8) Possible addition of one table per check mark (total of 5) — Only if needed 6 1 OM 0 orpeee Stroller erg *Lees Red Lion Hotel TC Trash Cans with Lids w A 2. Alley 6602 6603 6604 6606 Sul low 10 921 National City I Type of Event: r. , / ),, " _ Public Concert Fair Festival Community Everii c . c Parade _ Demonstration _ Circus _ Block Party,? Motion Picture _ Grand Opening _ Other « Event Title: lam- / —r :,t, Event Location: 701 National City Blvd_. National City. CA (Front Sidawalk) Event Date(s): F Total Anticipated Attendance: ( .14 Participants) ( so Spectators) Actual Event Hours: 11:00 am/pm to 2:00 am//m Setup/assembly/construction Date: 4/3/03 Start time: 9:00 a.m. Please describe the scope of your setup/assembly work (specific details): Set-up will require the use of approximately: 13 plastic folding table (2 X 4), 26 folding aluminum chairs, and 4 canopies (4 X 6). (,See attached diagram,) Dismantle Date: 4/3/03 Completion Time: 4:00 ampm 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 Southwestern Community College District Sponsoring Organization: Hi gJiPr Rdnra ti on Center at National Cit1 For Profit x Not -for -Profit Chief Officer of Organization (Name) William C. Kinney, Provost Applicant (Name): Wil liam C. Kinney Address: 701 National City Boulevard, National City Daytime Phone: (619) 477-9683 Evening Phone: (619) 477-9683 Fax: (619) 474-2470 Contact Person 'on site" day of the even. t 7fd; '4 sett NOTE: THIS PERSON MUST BE IN AT'TEI4DANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? _ YES % NO If YES, please explain the purpose and provide amount(s): $ N/A $ N/A $ N/A 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. Southwestern College Higher Education Center at National City is hosting its first annual Career Fair. Employers from local industry, banking, retail, and other businesses, in addition to representatives from SWC academic programs will have been invited to participate. The Career Fair will provide students and community members with a venue to meet potential emplyers and educators from various professional fields and academic programs. The following career opportunities will be shocase1: Nursing, Dental Hygiene, Surgical Technology, EMT, Teaching. Tnternet Working (CISCO/3COM), Paralegal, Interpreters/Translators, Journalism, Fire Science, Social Work, Engineering, and Military careers. 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: _ YES NO Does the event involve the sale or use of alcoholic beverages? YES g NO Will items or services be sold at the event? If yes, please describe: _ YES g 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 X 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 y Sizes G X s7 NOTE: A separate Fire Department permit is required for tents or canopies. _ YES _x NO 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 Please describe how food will be served at the event: jo/ Adif /x. Parole p0-74.1 i C') -tat/' If you intend to cook food in the event area please'specify tt metho l: _ GAS ELECTRIC _ CHARCOAL OTHER (Specify): ✓➢ Portable and/ore jjnapept,Toilet Facilities vl�l Number of portable toilets:. _• (1 for every 250 people is required, unless the 0-fir (j tb applicant can show that there are facilities in the immediate area available to the public during the event) •.5' Wevn•- .i r d, Oat e-n S. ✓S> Tables and Chairs Fencing, barriers and/or barricades X Generator locations and/or source of electricity i Canopies or tent locations (include tent/canopy dimensions) X Booths, exhibits, displays or enclosures X Scaffolding, bleachers, platforms, stages, grandstands or related structures X Vehicles and/or trailers X Other related event components not covered above f$ 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: 1 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: SWC event volunteers and custodial staff will clear and clean the sidewalk. X. Nor Q®ii;�.0�le._ Please describe your procedures for both Crowd Control and Internal Security We will provide two (2) District Police Safety Assistant's (PSA's) to monitor Crown Control and Internal Security. _ 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: _ YES g 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. Since this is a college event. campus Nurse is on staff at event location. Please describe your Accessibility Plan for access at your event by individuals with disabilities: This event will be on sidewalk with curb access. Please provide a detailed description of your PARKING plan: This event is for current students who park in the parking structure at event location. Please describe your plan for DISABLED PARKING: Parking structure has designated parking spaces. Please describe your plans to notify all residents, businesses and churches impacted by the event Flyers will be distributed to nearby residents. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES XNO 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 XNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES A NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _g NO Any signs, banners, decorations, special lighting? If YES, please describe: 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 03/14/2003 15:52 4742470 , HIGHER ED CENTER PAGE 04 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 bodilVis r 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 Higher Education Center at National City Person in Charge of Activity nr. Ang9i,ra T.. .rinare7. Address 701 Nati.oanal City. Boulevard, National City, CA 91950 Telephone (619) 477-9.683 Date(s) ofUseAt,ril 3. 2003 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. SiglSature of Applicant a Official Tifle Provost, HEC, NC February 24, 2003 Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Higher Education Center at National City - Part of the Southwestern Community College District. Type of Organization rnmmnni tar rnl 1 agp (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) X No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a directfinancial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. X No. (Please proceed to 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. x No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. x No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: x No (P lease sign the form and submit it with the TUP Application) Signature Date 03/14/2003 15:52 4742470 HIGHER ED CENTER PAGE 03 SWACC CERTIFICATE OF COVERAGE ISSU1=DATE 03/13/03 ADMINISTRATOR: LICENSE #0451271 KEEATAN & ASSOCIATES 901 Calle Amdnecer, Suite 200 San Clemente, CA 92673 COVERED PARTY: Southwestern Community College 900 Otay Lakes Road. Chula Vista, CA 91910-7299 THUS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERA'-FR AFFORDED 9Y THE COVERAGE DOCUMENTS BELOW, ENTITIES AFFORD{NG COVERAGE ENTITY Statewide Alt: Community Col g'ee %, V3 A[IONAL(.'II�J n..- TMI5%TO ci:RTIFY THATTI-EcovERAGED1JSTED BELDWHAVEBEEN ISSUED TOTHE COVERED PARTY NAMED ABOVE FORTHE PERIOD INDICATED, NOTIAaniSY ANY REQUIREMENT, TEEM OR CONDITION OF ANY CONTRACT OROTHERDOCUAEM NTH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN me COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH COVERAGE DOCUMENTS, ATTN: Ken Fite ENT LTR A A TYPE OF COVERAGE GENERAL LIABILFTY [XJGENERAL LIABILITY [ 'CLAIMS MADE [NOCCURRENCE [XJGOVERNMENT CODES (ERRORS & OMISSIONS [I AUTOMOBILE LIABILITY "ANY AUTO (VIRED AUTO (ANON -OWNED AUTO AHAGE LIABILITY t7[iAl1T0 PHYSICAL DAI.AAGE COVERAGE DOCUMENTS SWC013004 SWC013004 EFFECTIVE ! EXPIRATION DATE 07/01/02 07/01/03 07/01/02 07/01/03 MEMBER RETAINED LIMIT DEDUCTIBLE $5, 000 55,000 LIMITS COMBINED SINGLE LIMIT EACH OCCURRENCE $5,000,000 COMBINED SINGLE UNIT EACH OCCURRENCE S5,000,000 PROPERTY ALL RISK EXCLUDES EARTHQUAKE & FLOOD SWC013004 07/01/02 07/01/03 $5,000 $100,000,000 EACH OCCURRENCE STUDENT PROFESSIONAL LIABILITY sWCo13oo4 07/01/02 07/01/03 55, 000 &Included EACH OCCURRENCE DESCRIPTION OF OPERATIONS! LOCAYIONS I VEHICLES I RESTRICTIONS ! SPECIAL PROVISIONS! Higher Education Center's First Annual Career Fair "Making the Career Connection" on April 3, 2003. CERTIFICATE HOLDER: City of National City 1243 National City Boulevard National City, CA 91950-4397 ATTN: K&A.Pa..06/20001 of 1 #524686/1413499 CANCBIATWN......small ANY OFTHEABOVED COVERAGFSBE CANCELED BB:OFE'TFE DPf+ATI0N DATE TFEPEOR ThE Isa.*1G ENTIIYI JPA WILL ENDEAVOR To MAIL 30 DAYSWRRsNNOICEiO'IHEOICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAN.. SUCH NOTICE SMALL ,AFOSENOOBIJGATION ORLIAM=OPAHY IGND UPON THE ENTRY/ JPA ITS AGENTS OR pM$SNTATIVKS. AUTHORI7Pr1 REPRESENTATR/E PJL City of National City, California COUNCIL AGENDA STATEMENT April 1, 2003 MEETING DATE AGENDA ITEM NO. 14 / ITEM TITLE TEMPORARY USE PERMIT — ST. ANTHONY'S CHURCH -FESTIVAL Claudia Caro, Permit Tech. 336-4210 C • C. PREPARED BY DEPARTMENT Building and Safety EXPLANATION This is a request from St. Anthony's Church to conduct a festival located at 1816 Harding Ave. from 9 a.m. to 5:00 p.m. from Saturday, June 14 thru Sunday, June 15, 2003. The event will consist of carnival style game booths, musical entertainment and concession stands. The applicant is requesting that the west side of Harding Ave. from W. 18`h St. to W. 19th St. be closed Saturday, June 14 through Sunday, June 15, 2003 from 6:00 am to 6:00 p.m.. The applicant is requesting to serve and sell alcoholic beverages. The church is requesting a waiver of fees. The event does not qualify for a waiver of fees per City Council Policy 704. 2 Environmental Review Financial Statement X N/A The City has incurred $241.00 in processing this TUP through various City Departments and $94.92 in Public Works costs and $85.00 in Fire Dept. costs. The total costof the ev t to the City is 0.9� ccount No. STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all Conditions BOA/MISSION RECOMMENDATION 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: St. Anthony's Church EVENT: Festival DATE OF EVENT: Saturday, June 14- Sunday, June 15, 2003 TIME OF EVENT: 9:00 a.m. to 5:00 p.m. APPROVALS: FIRE YES [ x] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x] NO [ ] SEE CONDITIONS [ x PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x RISK MANAGER YES [x ] NO [ ] SEE CONDITONS [ x ] PUBLIC WORKS YES [x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL FIRE 336-4550 1. Maintain Fire Department access at all times.. 2. Fire protection appliances are not to be blocked at any time (fire hydrants, sprinkler connection (FDC), fire extinguishers etc.). 3. Permit is required to erect or operate a tent having an area in excess of two hundred (200) square feet or a canopy in excess of four hundred (400) square feet, or a combination thereof. Tents and canopies shall be flame retardant treated. Permit fee is eighty-five (85.00) dollars. Permit to be obtained from the Fire Department. 4. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked and not to exceed a travel distance of seventy five feet (75). Fire extinguishers are also required in al cooking locations. 5. 40-B:C dry chemical fire extinguishers shall be provided where deep fat fryers are used. 6. All canopies used in cooking areas are to be flame retardant treated. 7. Site plan required; must reflect location of cooking area, booths, canopies, show cars, and access points. 8. Metal cans with lids are to be used for the disposal of charcoal. Cans to be labeled "Hot Coals Only". 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. 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. The Police Department will provide volunteer support using reserve Police Officers, Explorers and Senior Volunteers between 10 am and 5 pm. will try to have at least one or two at the event. 2. At least one professionally licensed security guard/off duty police officer should be hired for each day during hours of 10 am to 6pm. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and it's 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. That the City of National City and it's officials, employees, agents and volunteers be named as additional insured on above policy. 3. Standard hold harmless signed. (Done) 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 construction in the vicinity of the bazaar -call Charles at (619) 336-4380. PUBLIC WORKS 336-4580 1. The Street Division will post "No Parking" signs for the event. 2. Will also set barricades on the crones on 6-13-03 for street closing by event personnel. 3. Event workers will be responsible for returning barricades to the corners when the event is over or not in progress. 4. Cost will be $94.92 Type of Event: _ Public Concert Parade _ Motion Picture Z Fair _ Festival ` Communty G‘.7 Demonstration _Circus Block Party Grand Opening _Other ,y e�c ADAst/,fs r'dI• C A Event The: 3751—AivI:.v/i /IX Rd dim t eS Event Location: IS' /6 //A/?DA lie°, �v / C ; cA 97 yfo/ Actual Event Hours: g am/pet to 5 ar t/pm Setup/assembly/construction Date:44,43 Start time: " :441- Please describe the scope of your setup/assembly work (specific details): Event Date(s): From 6"./4/'10.1 to G / -al Total Anticipated Attendance:SOO. ' 411 Month/Day/Year ( Participants) ( Spectators) Dismantle Date: G"/ "-6 3 Completion lime: 6 - m/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 a*a ' X C/�c.A �Am- ;- °AC' 6-/y o Sponsoring Organization: JI/r IffdN �i42i I S/i For Profit E. m at re 1�_7 Not -for -Profit Chief Officer of Organization (Name) >° V. OA Applicant (Name): ¢1)04 G /if u b / ✓) t°Z / Address: / 7l, C,61 A% AtIA ' ' -# 7. h ', a.142: ao 91 q/d Daytime Phone: (t VoZ.. '90 vening Phone: ( ) Fax: (_) Contact Person "on site" day of the event: fj4 cl ey Pager/Cellular: Rd? 73 7 tz-s NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE Ct O3 AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS S2 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): 1/YES NO YES NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ SO 6, ` ' Estimated Expenses for this event. $ .5®o . ` - 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. br• o' e f, 47 �._r�/.a�� t J O 5I,, w /44)' rye A.V t.. .fl-i e Th, V Y n 4 AL1 e Yeod NA Aid I' No own(o1( (tottS _ YES 140 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: A b 6li� Y YES AO 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: • r Y 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 _ZNO Does the event involve a fixed venue site? If YES, attach a detailed site map ,/ showing all streets impacted by the event. 1' YES _ NO Does the event involve theuse of tents or canopies? If YES: y Number of tent/canopies ! Q' Sizes MA /0 NOTE: A separate Fire Department permit is required for tents or canopies. _ YES L" NO Will the event involve the'use of tie City stage or PA system? In addition to the route map required above, please attach a diagram showing theoveralllayout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas AY* Please describe how food will be served at the event: WA / /L 1 AND !/V AYPS' k1 4 /e/ of hA MJ% / %S ii / l' �/6 f (re If you intend to cook food in the vent area please specify the method: . [GAS ✓ ELECTRIC V CHARCOAL Y OTHER (Specify): ➢ Portable and/or Permanent Toil t Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant cannhow that there are facilities in theimmediate area available to the public diarin the event) i Tables and Chairs ? Fencing, barriers and/or barricades Y Generator locations and/or source of electricity ▪ Canopies or tent locations (include tent/canopy dimensions) T Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures AM ➢ Vehicles and/or trailers ➢ Other related event components not covered above t 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 s, condition.) • ' .. F . $ Number of trash cans: g- Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: kite An." foi%vlo 7 /eAn/ri..�� �s,.�,i/ua i� Gr �1i� Agdi Re/404W ex iv,ts 3 Please describe your procedures for both Crowd Control and Internal Security: iv, An e Aft? 4, A </ 4j r t/ J? NniVe it et 1T _ YES /NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list I Lip , Xe rg0„.D l .fa�lsid! // ItC VD .Se,a,14 bo tw.11 be to Security Organization: Security Organization Address: Security Director (Name): Fran ' G e nr - I Phone: G 1 C1 _ 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 arrangementngyou have made for providing First Aid Staffin nd Equipment.y we A r e �4 / ^ P7 h «r �� /Je, n fj+ IVA / „el,ni �.ii 6 1/% 1/ V X Please describe your Accessibility Plan for access at your event by individuals with disabilities: r 24/e f9,hn 1/i i o #AN (1 , Crr4� �-4i) /t' " j r OYt•S! (1� feSitIO)1S III(( d C,f � 6raceS X Please provide a detailed description of your PARKING plan: � Wr p.,�0[./Vim. �im,'1/tu J �,5�/ xA t4A; //'/ f' l i Qli C pi} 2 12. of Sheet X Please describe your plan for DISABLED PARKING: it A. cly CAP //o..r /Av Xi — 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: -T-- 74ALE SPIV . I rri NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 9N_r4/ bumjY "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: //f A/1 /44G#1 /F _YES I�NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES INO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amlpm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES IN O Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES /NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office 'Use Only • 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 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. a 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 proceedeto Question 3. Name of the sponsoring organization 4L �n h o n 1� if e.1thnisc. Chuical �1 Type of Organization CI U i< C Irt (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? V Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP. Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire`'inancial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. i- 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. Y No (Please proceed to Question 7) 7. Will the proceeds provide a direct.finapcial 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) ignature Date 9 cAias it+Nprc.fr1--70 044 c- Hoot. 1.4 0)/c Pfrarak- ' 2c7 600 / ie/,; Cfre)N0/6e —5%45 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT .r. . 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 5Y! %�yu 14ivii-'v, (4D�.A Cc — J1- cIuJ1,- Person in Charge of Activity 2 pv*%+ ' �: `�1P n n� Z. Address /8/0‘ I4AO/ r Ave a /R,vA/ l rA cei93-4 Telephone/) 5/77- yS0q.,e1 Date(s) of Use 6 ^Pi-0 3 fie 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. Cks-\NQOP Signature of Applicant Official Title Date goad For Office Use Only Certificate of Insurance Approved Date ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 6/14/2003 Charge Credit Cancellation Date of Endorsement 6/16/2u03 Certificate Holder The Roman Catholic Bishop of San Diego, A Corporation Sole Pastoral Center P.O. Box 85728 San Diego, CA 92186 Certificate No. 8585 of The Catholic Mutual Relief Society is amended as follows: SECTION II - ADDITIONAL PROTECTED PERSON(S) It is understood and agreed that Section II - Liability (only with respect to Coverage D - General Liability, Coverage F - Medical Payments to Others and Coverage H - Counseling Errors and Omissions) is amended to include as an Additional Protected Person(s) members of the organizations shown in the schedule, but only with respect to their liability for the Protected Person(s) activities or activities they perform on behalf of the Protected Person(s). It is further understood and agreed that coverage extended under this endorsement is limited to and applies only with respect to liability assumed by contract or agreement; and this extension of coverage shall not enlarge the scope of coverage provided under this certificate or increase the limit of liability thereunder. Unless otherwise agreed by contract or agreement, coverage extended under this endorsement to the Additional Protected Person(s) will not precede the effective date of this certificate of coverage endorsement or extend beyond the cancellation date. Schedule - ADDITIONAL PROTECTED PERSON(S) City of National City Remarks: Coverage only extends for claims arising out of St. Anthony of Padua's Festival that will be held on Harding Ave between 18th & 19th Street, National City, CA. on June 14, 2003 & June 15, 2003 from 6 AM to 6 PM (Total Coverage is $1,000,000.) orized Representative PKS-122 (1-99) MEETING DATEApril 1, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO.15 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A SCHOOL AT 1601-1633 HOOVER AVENUE AND 140 W. 16' `t STREET (APPLICANT: REYMUNDO MARIN, INTERAMERICAN COLLEGE) (CASE FILE NO. CUP-2002-22) PREPARED BY Roger Post" 336-4310 DEPARTMENT Planning The project site is at the southeast corner of Hoover Avenue and W. 16th Street, in the MLR (Light EXPLANATION Manufacturing Residential) zone. This roughly 3/4 acre, rectangular site has 286 feet of frontage on Hoover Avenue and 110 on W. 16th Street; a private alley runs along the eastern property boundary. A 20,000 square foot building occupies the western two-thirds of the site. The portion fronting on Hoover Avenue is divided into office suites, while the remainder functions as warehouse space. Due to a steep slope on the property, the office portion of the building is level with Hoover Avenue, while the warehouse area sits well below street level. The remaining lot area between the building and the alley is currently fenced for private use by warehouse tenants; however, building records show it was originally a required parking area. Nearby development is mostly industrial, with the exception of several residences across W. 16th Street to the north. InterAmerican College proposes to operate a school in the roughly 11,000 square foot office portion of the building. This area will be divided into classrooms, a library, a computer room and administrative offices. The school is designed to assist students in obtaining their teaching credential/certificate or a bachelor degree. Classes will only be held from 5:30 to 10 P.M. on Tuesdays and Thursdays, with as many as 25-45 students expected at any one time. Currently, there is no on -site parking. The Planning Commission held public hearings on this matter on Jan. 6th and March 3rd of 2003. A nearby business owner submitted a letter and spoke in opposition to the proposal, citing a lack of available parking. At the first hearing, the applicant was directed to provide a plan for on -site parking. At the next meeting, the applicant proposed six parallel spaces along the private alley. Commissioners determined this parking, combined with existing street parking in the area, was sufficient for the proposed school since most nearby businesses would be closed during class times. i ( Environmental 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 application. Vote: Ayes - Unanimous ATTACHMENTS ( Listed Below 1. Planning Commission Resolution No. 4-2003 2. Location Map Resolution No. 3. Site photos 4. Reduced site plan A-200 (9/99) RESOLUTION NO. 4-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SCHOOL AT 1601-1633 HOOVER AVENUE AND 140 W. 16TH STREET APPLICANT: REYMUNDO MARIN, INTERAMERICAN COLLEGE CASE FILE NO. CUP-2002-22 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a school at 1601-1633 Hoover Avenue and 140 W. 16th Street at a duly advertised public hearing held on January 6, 2003, and continued to the meeting of March 3, 2003 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CUP-2002-22 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 6, and continued to March 3, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the roughly 11,000 square feet of floor area is sufficient to accommodate the classrooms, offices, computer room and library proposed for the night school, and since the site has been used for classroom purposes for several years without incident. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is served by Hoover Avenue, a collector street with a 12,000 ADT capacity, and the proposed school use is expected to generate only 160 ADT, and since the site is also served by nearby public transportation. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since operation of the night school will not conflict with nearby industrial uses which operate during daytime hours, and since the closest residence is across W. 16th Street to the north. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the school will provide educational opportunities for area residents. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a school at 1601-1633 Hoover Avenue and 140 W. 16th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. CUP-2002-22, dated November 22, 2002. 2. A parking plan shall be submitted to the Planning Department for approval within 45 days of the approval of the Conditional Use Permit. The plan shall show a total of six parallel parking spaces to be provided along the private alley at the eastern boundary of the property. 3. Adequate outdoor lighting shall be provided along the eastern half for the building for security of the parking area. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 5. Street improvements shall be in accordance with . the City Standards. All missing street improvements (110' of gutter) shall be constructed. 6. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 7. Redirect the exit door at the north end of the building to open in the direction of exit travel. 8. Panic hardware shall be installed on the doors. 9. All doors on the Hoover Avenue side of the building shall be labeled, "This door to remain open during business hours". 10. A Fire Department inspection of the school is required. - 11. 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. 12. 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 March 17, 2003, by the following vote: AYES: SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: CH • PROJECT LOCATION A LOCATION MAP SOUTHEAST CORNER OF HOOVER AVENUE AND W. 16TH STREET CUP-2002-22 NATIONAL CITY PLANNING DRN DATE: 12/12/2002 INITIAL HEARING: 1/6/2003 SITE PHOTOS Project site looking south along rear alley Project site looking northeast across Hoover Avenue Project site looking north from southern boundary WEST SIXTEEN STREET 140 W. OFFICES 2 cc 3 v1 a. u _ .► ' r ENTRY 60IA 160.E 1601 1602 1603 1607 1609 1612 1613 OFFICE OFFICE CLASSROOM OFFICE CLASSROOM OFFICE CONFERENCE ROOM ROOM LEGEND HOOVER AVENUE 1615 1619 1621 1625 1627 1631 1633 LIBRARY OFFICE CLASSROOM COMPUTER ROOM OFFICE CLASSROOM STORAGE NORTH. 1603 1607A 1609 11612 11613 UT II. ENTRY 1615 1619 we j� WC 1627 1631 633 a. i CC u i HOOVER AVE INTERAMERICAN COLLEGE SITE PLAN /home/tbelv/junk.dgn Jun. 25, 1997 13:55:18 NO SCALE NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2002-22 DATE: 11/22/2002 .. ,Dz=0 ...-J-1.v,:c.-'''.1. • N V.1 d ••• -1-.9-7-a. : • ...,,,..„ v...„,, . • s 4 7;2 1)"1.-SrS ‘41 -IC) c:,.\_.i.-7: 43.0 r /foi.c)004 1-4- a" 403-e 1.4CpapIno.4.:1 "3 q Pi- 7,->eds fg -1 , • 73.1"11 -ie, '04 5-1,..).• .)-,,,,eolry,•,o * -,,,Na F./1 ch 13t:1 13:91o74:01.7): ioic':!.. 14'°1 : : r•CIS 01 4.1-yirp c9. a-xzels vo •1•-zsg., rt • (04.27n1.4c1 T t 700u( ' iiin ..2,11)-101d,onp z „ 0 17 MEETING DATE April 1, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 16 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR _ A WIRELESS COMMUNICATIONS FACILITY ON A POLE SIGN AT OFFICE FURNITURE DEPOT, 241 NATIONAL CITY BOULEVARD (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO.: CUP- 2002-6) PREPARED BY � DEPARTMENT Roger Pos', 36-4310 Planning EXPLANATION The project site is the Office Furniture Depot property between National City Boulevard and "A" Avenue north of 3' Street. The approximately 30,000 square foot site, which is zoned Commercial Medium (CM), is developed with a large commercial building that is used for the sale of office furniture. Additionally, there is an existing 75-foot tall pole sign on the site. The proposal is to mount six panel antennas on the sign pole, which is two feet in diameter, behind a cover painted to match the pole. The cover, which will be four feet in diameter, will look like a wider section of pole. Also, the applicant will build a small equipment enclosure above the loading dock; it will be designed to match the existing building. Planning Commission held a public hearing on this item March 3, 2003. There was no public testimony in opposition to the proposal. Commissioners voted to approve the Conditional Use Permit, since the facility has a stealth design and will be compatible with existing development on - site and nearby. Environmental 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 application. Vote: Ayes- Unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 6-2003 2. Location Map 3. Site Plan and Elevations 4. Applicant's Photosimulations Resolution No. A-200 (9/99) RESOLUTION NO. 6-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON A POLE SIGN AT OFFICE FURNITURE DEPOT, 241 NATIONAL CITY BOULEVARD APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2002-6 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on a pole sign at Office Furniture Depot, 241 National City Boulevard, at a duly advertised public hearing held on March 3, 2003 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-2002-6 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 March 3, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility will be constructed 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, and since the site will be accessed from 3`d Street, which is classified as a local commercial street. 3. . That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the facility will be integrated into an existing pole sign and commercial building and will not be visible to the casual observer. 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 Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes construction and operation of a wireless communications facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2'd Revision, Case File no. CUP-2002-6, dated 2/4/03. 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 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. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 5. 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. 6. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 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 March 17, 2003, by the following vote: AYES: SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Office Furniture Depot between National City Boulevard and A Ave north of 3rd Street CUP-2002-6 NATIONAL CITY PLANNING DRN. DATE: 12/31/02 INITIAL HEARING: 3/03/03 -Cf / / 1\ PROPOSED SECTOR 'A' AV FM MTS (4-TOM) OM) TTE OWN LMR iOCE TO m]MM LECML DESCRIPTION um%CO ON1=11 Y. MOW =MON via LOT SC ppIqlMWIA�pI1CNl 111 NCO It 4 Mml M IC WM 1 Mitt YN my{ N®$fVC fCT WAN =CO 6 W mC MCC 01 Mt 11, m1 PROPOSED SECTOR 'T WNW IIIR 1N AZMOM (rrOTAQ SRE PLAN NRM 1 �RR)I MOl• 1 v PROPRIETARY INFORMATION TIC a COMM O. TNT WO CI S OpRN 055' ei1 0 OtTO lxMIICT WHICH �1tuRM To OMOMLMI I1Mli S morn! PNYIm1RG Mm 02/05/03 noon Dlm men In UI ISSUE STATUS: A PAIL S �Y Mw YVM 1 Oi410 E100 la t Nm OS®. ID Mlt- 1 M/W/1 CMm1 IS ID ID CYML A OFFICE FURNITURE DEPOT SD-/06-DI MOON MOMS. A EAST M UNIT WOK O1T. CA I1t00 ORE MI. Al 1 co - to I A 1 co po RP PH 1 '�� 0 y N i il 10 3 1 ANTENNA ELEVATION ;° 2 Et Ai 0 i �I �� / In ll �s i -0-Y 4'-V Y 4'-P , r , Yd i SON ELEVATION eY-Y i 0I i i 1 K R g (—I 0114 f 1///x F 8 3 g § q xYd Md tI'd 1Yd 17d R'-V Y y 4 J, iI w A i b 1 a rj C h. i MN IM p WI thn PACIFIC .X cinguiar � . WIRELESS I'll'Millt> 1 1 1 .gaR & m- 51 i i i # # " 11 " 1 i 1 ID 1 gpEg. 9 ' 1.ME e . � e...� i•iY6""9 g I �I ,II 1 ,n��hi YI PROPRIETARY RRORMAMIOR SR Of 02101111101011 OOAMIA RAFlRIMY ST WAR PAY NC OR 0AC1aua ONO RYA TUT A IR�LL= IS STRICTLY 0010 SI ace 02/05/OS Agana. ND wax on IR AACO RI m 0 ISSUE. STATUS: DATA A/MM STOW A/MAa MyxyA P ROMS Wilt AxO MO SO VMS MIST Art mw m MAMA mom 05m m AWAY. 2 OMR PURRITURE DEPOT Illoar ARAM SD-ROS-01 xP= NAM a aR AA mar amRIL SIM SA 11111110 IMF III1A f1LVA100S S W SLAM A5 m v s m m A. x AM 00 IS'/ R 1P-0' HIGH SF MNIWARENT NM% Wine Done FAMED M WTCM (E) sem PAR 1 (E1 7d-Dl 0 13.-OTI R 7-0 R418-llf cOYMFAGVL SKK1 MADAM =UM IMEES SECTOR MUMS MOUMEO MIND RF map/RENT ROME COER (1-0ROIMK RER 2ECTOM, o-TOON) j.i0J. b 1 u PROPOSE!) 101/Plier W& FAMED OCCURS E 10 MOON (E) TRW. SURFACE, (1 IliIII I11111111111111J 111111IIIIIIIIIII 1111I1111111 Office Furniture Outlet (IIIIIIIIIIIIIIIIIIIIIIIIIIIILIIIIIJILIJ )III TA. 01 B1W. DENALI (El ORADE • PROPRIETARY INFORMATION ME MOWN OWITMN01 Ta AT or Omflmdml sowian M PROImJOT m WTVZ. AM VZ OR *LOMm Wee MW IDIOT *el MUM To a0OUIM WWIw n ]AICRT MOMmm. ono 02/05/03 Memel ONO moo on Ill afro m All ISSUE STATUS: m1D OClpllplu W m/IWt -a MR Mee e DAMP * Mel m M/TAy11 Nit loollool m Week elf noose m MOO, mvm pm x ld Rohm A. WEST ELEVATION - (NATIONAL OIlY BLVD. ELEVATION) s TA. (0 Elle PARAPET 0- WAAL Mee INO MIMED M W10 (E) ELD0. WIRFIES. TSA. ROMED COUP. OIL91 K41 BA. PROPOSED EOET. PUIFORY A (E) CRATE RUN LooDMG DOx (HIGH PWRO EO TE TO Office Furniture Outlet 0 (EI 10'-01. R 17-ON 0 r-Sb SVX-llf 001mERCK WON 44, I SECTOR ANTENNAS �S-FAIENTIFS TER NM (E) BLOWN.100F OIFY FROPOEED CMORM M-GIP CIS WARM MBRE1S. 4-TOTAL). 11WIIIEE di A FIRMED STEEL PIAIFOdd woo PROPOSS) MEDI WAIL ADf11 11,-V IRON Ir AIRERMT IOOME EDYER FAMED TO WTCM (a STOOL POE ( WILL FT/ 50100 N oRODEO lEOURE I PROPQSED 000TOR 2-OARS Still EOIPWEM SOUTH ELEVATION - (3RD ST. ELEVATION) ®I2 NICAM IWM, OFFICE FURNITURE DEPOT mom m mA SD-S05-Oi Moe, MORN& m EAST es sew NemMl OTT, m 11m0 ear WWI ELEVATIONS *UT memo A6 �--6u!ppnq 6upsIxa spew painaxal pue paau!ed Hem uaa.ias Ae4 aigea/aappeI pue limn uaaaas luawdinba pasodoad aiod pals 6upsIxa 'plow of palmed Jana awopei 3uaiedsuei da uiga!M paaunow seuualue pasodad MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING Tuesday, April 01, 2003 REPORT ON THREE -UNIT RESIDENTIAL PROPERTY AT 2508 A AVENUE I would like the National City Council along with the Community Development Commission of National City to consider changing the rebuild status of parcel #562-031-12-00 also known as 2508 A Avenue should the structures be damaged by more than 50% of its current value. The problem facing this ownership is not unique in National City. If we may, we would like to make this property the focus of an effort to amend the current rebuilding restrictions throughout the city (if necessary). We feel, as we hope you will, that all of National City will benefit from such a change.. Background Facts on Our Property Owner: The 2 of the 3 current owners live in National City and have been one residence for more than 58 years. They have successfully operated and maintained the property for more than 30 years. The sellers are each over the age of 80 years. Unfortunately and tragically his wife has fallen to the advanced stages of Alzheimer's disease. She needs 24 hour care which her loving husband of over 60 years is providing by himself. There are a combination of problems facing him. From him is slowing down in his advancing years to the time and effort it takes to care for his ailing wife. These factors have worked together to prevent him from caring for the property like he has in the past. He is not and has never been a "slumlord", however the property may appear like it now. Current zoning for the parcel is CA ( Commercial Automotive) as a result of zoning change adopted in July of 1995. Reasons for selling: He understands his inability to operate the property himself as he has always done. Putting time and money back into the property is a risk for anybody, including himself under current restrictions. The cost, effort and time required to provide care for his wife is ever increasing. Instead of the time and money required to rehabilitate the property, he needs to simplify his life and generate additional money to better care fortriswife. Problems Confronting Seller: Under current zoning as set forth in section 703 of the National City Redevelopment Plan and adopted pursuant to ordinance No. 95-20-95. The property cannot be rebuilt as it is currently configured if it is destroyed by more than 50 % of it's current value. Therefore, an insurance company will not write a fire and damage policy on the property because their secured interest would not be replaceable. Without a fire and damage policy a lender will not lend on the property. Essentially, it severely decreases the properties value. The amount could be as much as half or more depending on how you look at it. The market does not currently justify its conversion to an automotive sale property. One of the problems with converting it to commercial use at this time, is that it would most likely require the existing structures be demolished and the lot re -graded before they can began construction. This drives down the "make sense" acquisition cost. What we are trying to accomplish, is to seek a consensus from the Mayor and the Council that will lead to the changes needed to allow this property to continue to be used as it is currently utilized without reconstruction restrictions. We acknowledge that one day it is possible the highest and best use for this property will be as a support property for the mile of cars. When that day arrives the market will tell us. . In light of the affordable housing crisis we find ourselves in, we strongly feel that for the foreseeable future best use for this property is residential. Lifting the rebuild restriction will make the property valuable enough for an investor or owner occupant to invest money to upgrade the property and maintain it in such a fashion as to complement the neighborhood housing. It can be a positive for the mile of cars and consistent with the objectives of the planning commission by providing affordable housing for employees of nearby dealerships. It can be a positive for the neighborhood from a physical appearance aspect. Allowing for the changes needed does not inhibit the goals set forth in the redevelopment plan at this time. Supply and demand will motivate change from residential to commercial. I would like to conclude by asking council to show support for our request and provide direction to accomplish this goal. I look forward to working with the Mayor ,City Council and its agencies to take the necessary actions that will allow this property and other run down, decaying properties with similar restrictions to be made productive once again. By protecting investment in these types of properties, it will open the door and make economic sense for owners to rehabilitate existing structures. It will ease the housing crisis, beautify the neighborhood, better utilize existing housing stock and reduce the potential for crime. Everybody wins, there are no losers and that better serves the members of the community and the city. Thank you for your time on considerations. A COUNCIL AGENDA STATEMENT PREPARED BY ROGER POST EXIST FOR THIS PROPERTY. C:\My Documents\ Looking west - front of 2 bedroom 1 bath house, 726 square feet, one car garage. Looking south -shot from corner of 25th & A Ave. of the 2 bedroom house. Looking Southwest- sideyard and one car garage of the 2 bedroom house. Page 1 C:\ My Documents\ Looking at northeast corner of 2 bedroom house. Looking west -shot from A Ave. standing in street. Looking East- backyard of duplex and west side of 2 bedroom house. Shot from alley along western boarder of property. Page 1 C:\My Documents\ Looking south at the front of the duplex. Each side is a 1 bedroom, one bath, about 465 square feet. Looking south -shot from 25th street, looking at front of duplex and alley running along western boarder. Looking Southeast- duplex in the foreground and the houses roof in the background. Page 1 C:\My Documents\ Looking north down A Avenue standing on corner of 25th and A Ave. Looking northeast at local commerce center, just northwest of property. Corner of Natl. Blvd. & 25th Looking southeast from commerce center. Page 1 Looking southeast across A Ave. from intersection of 25th and A Ave. Looking east same center. Features eatery, small convience store and snack shop. Looking southwest at corner of A & 25th Street. 74c, C—A vlty UI l' LlU[I I Lrl[y Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ' COMMERCIAL AUTOMOTIVE (CA) ZONE The Commercial Automotive (CA) Zone* is located along National City Boulevard, south of 18th Street, in an area of the City identified as the Transportation Center by Section 703 of the Redevelopment Plan." This use district is zoned entirely CA and is intended to provide areas for automobile/truck sales and other related services. Permitted Uses: Uses permitted in the CA Zone are as set forth infection 703 of the National City Redevelop-' ment Plan. They include the following: • New automobile and truck sales, leasing and rentals; • Used auto and truck sales when part of a new vehicle dealership and located on contiguous land; • Service and repair of trucks and automobiles when provided by new vehicle dealer on con- tiguous property; • Sale of vehicle parts and accessories when provided by new vehicle dealership on contiguous property; • Sale or rental of campers, camper trailers, vacation trailers, self-propelled mobile homes, boats and other sporting and pleasure equipment which is substantial in size. This activity must be incidental to the principal activity of the automobile and/or truck dealership; • Other related uses, with the review and recommendation of the Planning Commission, which are consistent with the objectives of the Redevelopment Plan. • Recycled Paper See Chapter 18.16 (Commercial Uses) of the National City Municipal Code for CA Zone development standards. Adopted July 18, 1995, pursuant to Ordinance No. 95-20-95. 12/18/96 MEETING DATE April 1, 2003 tional City, California NC L AGENDA STATEME T AGENDA ITEM NO. (-ITEM TITLE REPORT ON THREE -UNIT RESIDENTIAL PROPERTY AT 2508 A AVENUE PREPARED BY Roger Pot 336-4310 DEPARTMENT Planning EXPLANATION At the March 18' City Council meeting, Larry Williams, the listing agent for property at 2508 A Avenue, aske for a letter granting unrestricted zoning rights to rebuild the three existing residential units present on the site. Tb attached background report describes this matter in detail. onmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. (-STAFF RECOMMENDATION Council direction requested BOARD J COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Background Report 2. Location Map 3. Site Photos Resolution No. BACKGROUND REPORT The property in question is at the southwest corner of 25th Street and A Avenue. It is a 7,500 square foot lot located in the CA-PD Commercial Automotive — Planned Development zone. There are currently three residential units on the lot, including one detached unit and a duplex. The units are in fair condition; the duplex appears to be unoccupied. Nearby uses in this block of A Avenue are almost all residential, including a single-family home and an apartment complex to the south, and apartments across the street in the RM-1-PD and RM-2-PD Multi -Family Residential zones. The only commercial use in this block is a small used car lot at the northwest corner of A and 26th Street. Ball used auto sales is across the alley to the west and a Ball auto body lot is to the north across 25th Street, both in the CA-PD zone. The General Plan/Zoning and Redevelopment Plan for the City identify this and other properties on the west side of A Avenue as intended solely for new and used automobile and truck sales and services. There is no residential zoning between A Avenue and National City Boulevard. Mr. Williams had previously asked Planning staff for a zoning letter indicating unrestricted rights to rebuild the existing units on the property. Zoning letters are frequently requested by lenders to verify Land Use Code requirements. The applicable CA zoning for this property does not allow residential uses; consequently, the 3-unit multifamily use is considered lawful nonconforming. Although the Land Use Code allows the use to continue, it prohibits the units from being rebuilt if they are damaged to an extent that exceeds 50% the replacement cost of the structure. This provision is typical in many cities. The intent is to phase out uses that are not planned for. The Code does, however, allow single-family homes to be rebuilt in any zone. If Council wishes to accommodate the rebuilding of residential uses on this site, several options could be considered: 1. If the properties on the west side of A Avenue between 25th Street and 26"' Street are viewed as more suitable for residential development than an auto dealership, the General Plan/Zoning designation could be changed to RM-1-PD Multi -Family Residential — Planned Development. The existing residential uses would be permitted under RM-1 zoning, and automotive uses would no longer be allowed. 2. The nonconforming regulations in the Land Use Code could be amended to allow multi -family developments of eight or fewer units in the commercial zones to be rebuilt. The amendment could allow this either by right or with a Conditional Use Permit. This could help address the need for additional housing production in the City. This amendment would affect all properties in the City in the commercial zones. 3. The General Plan and Land Use Code could be amended to make multi -family residential a permitted use in the CA zone, either by right or with a Conditional Use Permit. This would cause all residences in the zone to become conforming uses that could be rebuilt if destroyed and would also allow for new residential development. This amendment would affect all properties in the City in the CA zone. If Council wishes to discourage residential development on the property, this report can be filed. 24C'rk 5C‘ VASUBJECT PROPERTY OEM 1011•11 GINO 4.110 ZONE BOUNDARIES 2508 A Avenue MULTI -FAMILY USE SINGLE-FAMILY USE COMMERCIAL USE AUTO USE LOCATION MAP NATIONAL CITY PLANNING DRAWN : 3/26/03 FRONT VIEW OF DETACHED UNIT SIDE VIEW OF DETACHED UNIT FRONT VIEW OF DUPLEX UNITS REAR VIPW OF DUPLEX UNITS C. (703) Transportation Center This use district encompasses all of the Commercial Zones (CA, CM, and CH) along National City Boulevard, south of 18th Street to 33rd Street, and is designed primarily to furnish areas for new and used automobile and truck sales and services. The objective is to provide for a complete sales and service unit for each dealership on contiguous land. In all agreements entered into by the CDC, independent used car sales, services, or repairs will not be permitted unless such activity is an integral part of a new vehicle dealership. Permitted uses in the transportation center use district include: • New automobile and truck sales, leasing, and rentals. • Used auto and truck sales when part of a new vehicle dealership and located on contiguous land. • Service and repair of trucks and automobiles when provided by new vehicle dealer on contiguous property. • Sale of vehicle parts and accessories when provided by new vehicle dealership on contiguous property. • Sale or rental of campers, camper trailers, vacation trailers, self-propelled mobile homes, boats, and other sporting and pleasure equipment which is substantial in size. This activity must be incidental to the principal activity of the automobile and/or truck dealership. • Other related uses, with the review and recommendation of the Planning Commission, which are consistent with the objectives of this Plan. D. (704) Public Uses 1. (705) Public Street Layout. Rights -of -Way and Easements The public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element of the General Plan. Interstates 5 and 805 connect the Project Area to the greater metropolitan region. Primary streets in the Project Area include: Tidelands Avenue, Harrison Avenue, National City Boulevard, Highland Avenue, 8th Street, Civic Center Drive, and 24th Street. Certain streets and rights -of -way may be widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the CDC and City in the Project Area as needed for proper development and circulation. nadcdN\rdplan 22 5/08/95