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HomeMy WebLinkAbout2003 05-06 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — MAY 6, 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 VV'LL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NAT-JNAL 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 APRIL 15, 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 5/6/03 PAGE 2 PRESENTATIONS Who is "Accessible San Diego" and what can we do for National City — Myron Ross, Public Relations/Marketing Recognition of Regional Winners of the Spanish Heritage Youth Awards 1) Viridiana Enriquez — Gold Medallion — Academic Excellence - Sweetwater High School 2) Juan D. Ochoa — Gold Medallion — Leadership & Community Service — Sweetwater High School PROCLAMATION Proclaiming May 7, 2003 as: "Peace Officers' Memorial Day" CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 2003-51 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with RJA Management Services, Inc. to perform executive search services for the City Council. (City Manager) Resolution No. 2003-52 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Koff & Associates, Inc. to perform compensation study services. (City Manager) COUNCIL AGENDA 5/6/03 PAGE 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 2003-53 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a service agreement renewal with Day Wireless Systems for maintenance of the Police Department's 800 MHz Communication System. (Police) 4. Resolution No. 2003-54 A Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement with Sweetwater Authority to install an 800-foot deep groundwater monitoring test well at El Toyon Park. (Public Works/Engineering) 5. Resolution No. 2003-55 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish two three-foot red no parking zones adjacent to the driveway at 705 Harbison Avenue. (Pallo, TSC Item No. 2003-17) (Engineering) 6. Resolution No. 2003-56 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish two three-foot red no parking zones adjacent to the driveway at 133 West 8th Street. (Arco and Jack -in -the -Box, TSC Item No. 2003-18) (Engineering) 7. Resolution No. 2003-57 A Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with Conocophillips for installation of two groundwater monitoring wells at 1539 East 8th Street along East 8th Street west of Palm Avenue. (Public Works/Engineering) COUNCIL AGENDA 5/6/03 PAGE 4 CONSENT CALENDAR (Cont.) 8. Resolution No. 2003-58 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to Agreement for Administration of Taxicab and Other For -Hire Vehicle Regulations. (Police) 9. Resolution No. 2003-59 A Resolution of the City Council of the City of National City authorizing and approving the borrowing of funds for Fiscal Year 2003-2004; the issuance and sale of 2003-2004 Tax and Revenue Anticipation Note therefor and participation in the California Communties Cash Flow Financing Program. (Finance) Resolution No. 2003-60 A Resolution of the City Council of the City of National City approving a Conditional Use Permit for the sale of beer and wine at the 7 Dias Market at 151 North Highland Avenue, in Highland View Towne Center. (Applicant: Andy Hanna. Case File No. CUP-2003-1) (Planning) 11. Bilingual Translation Services at City Council Meetings — Temporary Trial Review. (City Manager) 12. WARRANT REGISTER NO. 41 (Finance) Ratification of Demands in the amount of $1,295,619.18. 13. WARRANT REGISTER NO. 42 (Finance) Ratification of Demands in the amount of $299,417.24. COUNCIL AGENDA 5/6/03 PAGE 5 CONSENT CALENDAR (Cont.) 14. WARRANT REGISTER NO. 43 (Finance) Ratification of Demands in the amount of $1,236,008.55. 15. Consolidated Cash and Investment Report as of January 30, 2003. (Finance) 16. Consolidated Cash and Investment Report as of February 28, 2003. (Finance) 17. Claim for Damages — James Stever (City Clerk) 18. Claim for Damages — Analilia Mino (City Clerk) NON CONSENT RESOLUTION 19. Resolution No. 2003-61 A Resolution of the City Council of the City of National City approving the 2003-2004 Annual Plan including the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program Budgets. (Community Development Commission) ORDINANCE FOR INTRODUCTION 20. An Ordinance of the City Council of the City of National City incorporating by reference sections 61.212 through 61.256 of the San Diego County Code of Regulatory Ordinances, pertaining to wholesale food warehouses. (Building & Safety) COUNCIL AGENDA 5/6/03 PAGE 6 WRITTEN COMMUNICATIONS 21. Letter from Mary Hernandez regarding Terry Hanks. NEW BUSINESS 22. Report regarding donation of surplus property to local non-profit `501 C3' organizations. (Purchasing) 23. Report on Code Regulations regarding the sale of alcohol. (Planning) 24. Request to Use the Martin Luther King, Jr. Community Center by the Girl Scouts and waiver of fees. (Public Works) 25. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) 26. Temporary Use Permit — McCune Motors Used Vehicle Tent Sale. (Building & Safety) 27. Temporary Use Permit — Office of Assemblymember Juan Vargas -Child Safety Day. (Building & Safety) 28. Notice of Decision — Conditional Use Permit for a wireless communications facility at El Toyon Park, at 2005 E. 4th Street. (Applicant: Cingular Wireless) (Case File No.: CUP-2003-5) (Planning) COUNCIL AGENDA 5/6/03 PAGE 7 NEW BUSINESS (Cont.) STAFF MAYOR AND CITY COUNCIL CLOSED SESSIONS Public Employee -Government Code Section 54957 Title: Acting City Manager Conference with Legal Counsel -Existing Litigation — Government Code Section 54956.9 (a) Cecilia Morales and Carlos Sotelo v. City of National City; United States District Court Case No. 02cv1723IEG(LSP). ADJOURNMENT Next Regular City Council Meeting — Tuesday — May 20, 2003 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE 31wdamatiL1n WHEREAS, Of all the promises America offers, none is more precious or more elusive than the right to be free from crime and violence; and WHEREAS, The dedicated men and women who have chosen law enforcement as a career face extraordinary risks and danger in preserving our freedom and security; and WHEREAS, During the month of May, National Police Week is observed throughout the nation in order to recognized the hazardous work, serious responsibilities and strong commitment to our nation's peace officers; and WHEREAS, In conjunction with this important observance, May 7th is observed as San Diego County Peace Officers' Memorial Day in commemoration of those noble officers who have tragically sacrificed their lives in the line of duty; WHEREAS, These special observances provide all Californians with the opportunity to appreciate the heroic men and women who have dedicated their lives in preserving public safety; and WHEREAS, This year we give special recognition to U.S. Border Patrol Agent Roberto Javier Duran and U.S. Border Patrol Senior Patrol Agent Catherine Hill who lost their lives while fulfilling their commitment. Now, therefore, we the City Council of the City of National City, do hereby proclaim May 7, 2003 as: "Peace Officers' Memorial Day" in the City of National City. And call on all citizens to remember those individuals who gave their lives for our safety and express appreciation to those who continue to dedicate themselves to maki • ational City a safer community in which to live. Arc Nick Inz Frank Mayor Vice Mayor Ron Morrison Councilman Luis ativ Co ncilman Fideles Ung Councilman City of National City, California COUNCIL AGEN'A STATEMENT MEETING DATE 5-6-03 AGENDA ITEM NO. 1 ITEM TITLE CONSULTING SERVICES AGREEMENT WITH RJA MANAGEMENT SERVICES, INC. TO PERFORM EXECUTIVE SEARCH SERVICES FOR THE CITY COUNCIL PREPARED BY EXPLANATION DEPARTMENT Park Morse (336-4240) P.1 City Manager Assistant City Manager The City Council has previously adopted a revised Management Plan to address various issues related to retirements of Executives in the City Service. One of the elements of the Management Plan was the selection of an executive search consultant to assist with certain management vacancies. The City Council has previously contracted with RJA Management Services, Inc., for executive search services. With the impending retirement of the current city manager it would be advisable to begin the search process for a successor. Staff proposes that RJA be retained so that knowledge of the City already gained with the current personnel director recruitment can be applied to a second effort. For the City Council's consideration, Staff has prepared an agreertrAlt with RJA to assist with the city manager search. It would be helpful to this effort if the City Council appointed two members to serve as a steering committee. \The committee would help manage the day-to-day decisions that are a necessary part of this process. Environmental Review V N/A Financial Statement As per Council action in approving the revised Management Plan, Fund Balance and the Contingency Fund will be used as necessary to fund this and possible subsequent agree- ments. Account No. STAFF RECOMMENDATION Adopt the resolution and authorize the Mayor to sign the agreement. Ap- point two Councilmembers to a steering committee. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1 Resolution 2. Agreement with Scope of Services Resolution No. 2003-51 A-200 (9/80) RESOLUTION NO. 2003 — 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RJA MANAGEMENT SERVICES, INC. TO PERFORM EXECUTIVE SEARCH SERVICES FOR THE CITY COUNCIL WHEREAS, the City desires to employ a consultant to perform professional executive recruiting services for a City Manager on behalf of the City Council; and WHEREAS, the City has determined that RJA Management Services, Inc. is a executive recruiting company and is qualified by experience and ability to perform the services desired by the City, and RJA Management Services, Inc. is willing to perform such services NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with RJA Management Services, Inc., to perform professional executive recruiting services for the City Council. Said Agreement is on file in tho office of the City Clerk. PASSED AND ADOPTED this 6`h day of May, 2003. Nick Inzunza; Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RJA MANAGEMENT SERVICES, INC. THIS AGREEMENT is entered into this 6th day of may 2003 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and RJA Management Services, Inc. RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform professional executive recruiting services. WHEREAS, the CITY has determined that the CONTRACTOR is a professional consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to -meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. Revised 5/2001 3. PROJECT COORDINATION AND SUPERVISION. Park Morse hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Dr. Richard Garcia thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised 5/2001 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may .em necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the 3 Revised 5/2001 term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 Revised 5/2001 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S negligent performance of this Agreement. The CITY agrees to indemnify, and hold harmless the CONTRACTOR, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CITY'S negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and desciption, including reasonable attorney's fees and defense costs prese. ted, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 5 Revised 5/2001 F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 Revised 5/2001 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CO?''TRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Park Morse Assistant City Manager City of National City 1243 National City Boulevard National City, CA 91950 7 Revised 5/2001 To the CONTRACTOR: RJA Management Services Inc. Richard Garcia 550 W. Duarte Rd. Suite 6 Arcadia, CA 91007 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. II If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 8 Revised 5/2001 C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised 5/2001 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY. By (Name By: Nick Inzunza, Mayor (Title) APPROVED AS TO FORM: George H. Eiser, III City Attorney itle) (2/ 10 Revised 5/2001 RJA RJA Management Services, Inc. April 23, 2003 Mr. Park Morse Assistant City Manager CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Dear Mr. Morse, EXHIBIT A RJA Management Services, Inc. is pleased to submit this proposal to conduct an executive recruitment for a CITY MANAGER. Over the years, our Executive Search consultants have applied their highly ofessional skills to recruit competent executives, directors, managers, and mid -managers in both the public and private sectors. Our extensive network, developed over the last twenty years, greatly enhances our ability to assist organizations in quickly recruiting and selecting candidates. RJA search consultants work closely with clients and prospective candidates to avoid unnecessary inconveniences or costs to either party. A partial list of clients includes the City of Anaheim - Public Utilities Department, City of Banning, City of Chula Vista, City of Commerce, City of Delano, City of Fresno, City of Glendale (Arizona), City of Imperial Beach, City of Irwindale, City of Long Beach, City of Montebello, City of Oxnard, City of Pasadena, City of Pomona, City of Salinas, City of San Diego, City of San Fernando, City of Santa Paula, City of Soledad, City of So. El Monte, City of South Gate, City of Watsonville, County of Los Angeles, Monterey County, Fort Ord Reuse Authority, Helix Water District, Otay Water District, San Diego County Water Authority, San Diego Data Processing Corp., Santa Clara Valley Water District, Sweetwater Union High School District, University of California at San Diego, University of California Office of the President, and Cal State Los Angeles, Cal Poly Pomona, California State University, Hayward and San Diego State University. RJA TEAM I will serve as the project manager of the engagement and will be assisted by Ms. Pat Adams and Ms. Irene Baran, Executive Recruiters. Our Team possesses a breadth of management experiences, broad personnel backgrounds, and extensive professional contacts that are useful in identifying, recruiting, screening, and selecting qualified candidates. It is my responsibility to coordinate all consultant activities, contact and screen candidates who are ultimately submitted for consideration, and ensure that RJA adheres to the agreed upon executive search strategy. 550 W. Duarte Rd., Suite 6, Arcadia, CA 91007 (626) 447-3318 Fax (626) 447-1124 RJA APPROACH RJA is very deliberate, yet flexible, in its approach to recruiting qualified candidates. The RJA approach to an executive search normally encompasses the following seven steps: I. Organizational Assessment II. Development of Recruitment Materials III. Outreach IV. Screening and Individual Assessment V. Reporting and Presentation VI. Rating Guide and Possible Interview Questions VII. Reference Checks TIME FRAME RJA completes search activities in a timely fashion. Ideally, we would like to begin the search on the Monday following approval of the contract and submit candidates for consideration within 60 days of commencement of the engagement. Normally, an appointment is made within 30 days of the selection of the finalists. FEES RJA would propose to charge the City of National City a flat fee of Sixteen Thousand Five Hundred Dollars ($16,500.00) for professional services rendered plus out-of-pocket expenses up to Seven Thousand Dollars ($7,000.00). Out-of-pocket expenses include consultant travel (3 trips), advertising (up to $2,400.00), clerical services, telephone (10% of total expenses), fax, printing, postage, Choice Point background checks, and other directly related costs. The expenses do not include any costs associated with candidate travel. The City will be billed one-third of the professional services fee upon commencement of the search (first installment), one-third at the beginning of the second month (second installment), and one-third upon presentation of candidates (third installment). The first installment is due and payable upon commencement of the search. The remaining installments and other invoices, including expenses, are due within thirty (30) days of receipt of invoice. The professional service fee, as proposed, is based on the outlined "RJA Approach." The professional service fee is negotiable in accordance with a modified approach. Any professional services provided beyond those described in the RJA Approach will be billed to the Client at the rate of $150.00 per hour. RJA looks forward to serving the City of National City. Please feel free to call me at (626) 447- 3318 if you have any questions or need additional information. Sincerely, ichard arcia President RG:JP:pc 2 MEETING DATE May 6, 2003 City of National City, California CL AGE A STAT AGENDA ITEM NO. 2 ITEM TITLE Consulting Services Agreement with Koff & Associates, Inc. to perform Compensation Study Services. PREPARED BY Ryan Hyland,t -. Management Analyst Ill Phone: 336-4240 DEPARTMENT City Manager EXPLANATION The City Council has previously adopted a revised Management Plan to address various issues related to retirements of Executives in the City. One element of the Management Plan is the selection of a compensation consultant to assist in determining appropriate benchmark cities from which compensation comparisons can be drawn and to perform a compensation study. On March 4, 2003, City Council appointed Councilmember Morrison to serve on the selection committee for the compensation consultant. Four firms were interviewed and the selection committee is unanimous in recommending the approval of a contract with Koff & Associates to perform compensation consulting. If Councilmember Morrison and the rest of the City Council are agreeable, there would be some value in Councilmember Morrison continuing to be involved in the project through its' ultimate presentation to the City Council early this Summer. \\N, Environmental Review ✓ N/A Financial Statement As per Council action in approving the revised Management Plan, Fund Balance and the Contingency Fund will be used as necessary to fund this activity. STAFF RECOMMENDATION Adopt the resolution and authorize the Mayor to sign the Agreement BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2003-52 1) Resolution 2) Agreement with Scope of Services A-200 (9/80) RESOLUTION NO. 2003 - 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KOFF & ASSOCIATES, INC. TO PERFORM COMPENSATION STUDY SERVICES WHEREAS, the City desires to employ a consultant to perform compensation study services; and WHEREAS, the City has determined that Koff & Associates, Inc. is a professional personnel consultant and is qualified by experience and ability to perform the services desired by the City, and Koff & Associates, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Koff & Associates, Inc., to perform compensation study services for the City Council. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 6th day of May, 2003. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KOFF & ASSOCIATES, INC. THIS AGREEMENT is entered into this day of 200, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Koff & Associates, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform professional compensation services. WHEREAS, the CITY has determined that the CONTRACTOR is a professional personnel consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Ryan Hyland hereby is designated as the Project Coordinator for the CITY and will monitor the progress and Revised 52000 execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Gail Koff thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section Revised 5/2001 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Age anent. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 3 Revised 5/2001 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CON TRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without 4 Revised 5/2001 any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CON IRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRAC . OR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 0 A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. 5 Revised 5/2001 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. The CITY and its officers, agents and employees shall be named as additional insureds on the comprehensive general liability insurance. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. L Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, 6 Revised 5/2001 evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immed..Aely terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Park Morse Assistant City Manager City of National City 1243 National City Boulevard National City, CA 91950 Revised 5/2001 To the CONTRACTOR: Gail Koff President Koff & Associates, Inc. 18 Crow Canyon Court Suite 165 San Ramon, CA 94583 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. 8 Revised 5/2001 B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representat on, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised 5/2001 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY KOFF & ASSOCIATES, INC. By: By: Nick Inznnza, Mayor /! e) (Title) APPROVED AS TO FORM: By: George H. Eiser, III (Name) City Attorney (Title) 10 Revised 5/2001 EXHIBIT A KOFF & ASSOCIATES, INC. Human Resources Consulting Since 1984 PROPOSAL FOR COMPENSATION STUDY For MANAGEMENT/EXECUTIVE POSITIONS For CITY OF NATIONAL CITY Submitted by: KOFF & ASSOCIATES, INC. 18 Crow Canyon Court Suite 165 San Ramon, CA 94583 925.831.9794 — voice 925.831.9322 — fax E-mail: gkoff@koffassociates.com Contact Person Gail Koff, President/CEO 18 Crow Canyon Court • Suite 165 • San Ramon, CA 94583-1613 • TEL 925/831.9794 • FAX 925/831.9322 www.KoffAssociates.com KOFF & ASSOCIATES, INC. Human Resources Consulting Since 1984 April 21, 2003 Mr. Ryan Hyland Management Analyst City of National City 1243 National City Blvd. National City, CA 91950 RE: Request for Proposal: Compensation Study Dear Ryan: Thank you for including us in your Request for Proposal process for an executive/management salary survey. We are most interested in assisting your City with this important study. In addition to the emailed version, we have also submitted a hard -copy which includes several samples of our work product. We think that may be useful in the review and evaluation process. We are experienced public -sector consultants who have been conducting similar studies for water, wastewater and other special districts, cities, counties and Courts for over 30 years. Koff & Associates has achieved a reputation for working successfully with management, employees, and the union representatives. We believe in a high level of dialogue and input from employees and management and our proposal speaks to that level of effort. That extra effort has resulted in a 100% implementation of all of our classification and compensation studies. Koff & Associates is a small firm that accepts only as much work as our staff can handle. This assures a high level of quality control, excellent communication between our clients and our office, commitment to meeting timelines and budget, and a consistent high -caliber work product. As President/CEO of the firm, I would assume the role of Project Director and be responsible for the successful completion of this project. Our experienced staff, from our San Ramon and Long Beach offices, will be actively engaged on this project. I can be reached at the San Ramon address and phone number listed below. My e-mail address is: gkoff@koffassociates.com. Please call me if you have any questions or wish additional information. We look forward to providing professipnal assistance to the City with this significant project. incerely, ail Koff esident/CEO 18 Crow Canyon Court • Suite 165 • San Ramon, CA 94583-1613 • TEL 925/831.9794 • FAX 925/831.9322 www.KoffAssociates.com KOFF & ASSOCIATES, INC. Human Resources Consulting Since 1984 PROPOSAL FOR A COMPENSATION STUDY FOR MANAGEMENT/EXECUTIVE POSITIONS FOR THE CITY OF NATIONAL CITY TABLE OF CONTENTS 1. Understanding of the Project 2. Experience of the Firm 3. Experience of Consultant Team 4. Work Plan and Methodology 5. Time Schedule 6. Proposed Cost Sample Work Products (sent with proposal) Page No. 1 1 3 6 11 12 18 Crow Canyon Court • Suite 165 • San Ramon, CA 94583-1613 • TEL 925/831.9794 • FAX 925/831.9322 www.KoffAssociates.com PROPOSAL FOR A COMPENSATION STUDY FOR MANAGEMENT/EXECUTIVE POSITIONS FOR 11LL CITY OF NATIONAL CITY 1. UNDERSTANDING OF 1'HL PROJECT The City of National City desires consultant assistance to complete a compensation study for thirty-two (32) positions, including seventeen (17) management and fifteen (15) executive positions. While the study is intended to be primarily concerned with base salary, the City will review recommendations from its consultant regarding benefits to be included for analysis. The City is also looking for recommendations for appropriate statewide cities to include in its survey. It is expected that the consultant will provide the necessary methodology to support its recommendations to the City Council. It is also our expectation, that working with a project team with representatives from both groups, the consultant will facilitate a discussion and build consensus with the management and the executive group representatives on the recommended comparable cities to be included. Study Objectives: ➢ To conduct an employee orientation session of staff whose positions are going to be reviewed, to educate and explain the scope of the study and to describe what are and are not reasonable study expectations and goals; ➢ To develop an expanded set of comparator organizations within specified counties for the survey that will provide sufficient information for analysis and receive consensus on that list; ➢ To collect valid salary data and ensure, insofar as possible, that all information is correct and current; ➢ To determine benefit data that would be useful to the City in determining its overall competitive position with other agencies; ➢ To develop a method of determining internal relationships that are perceived as equitable and fair; ➢ To recommend appropriate internal salary relationships and allocate classes to ranges consistent with market data, internal relationships, and the City's current and continuing pay philosophy; ➢ To provide for adequate educational, review and appeal processes that will result in a product that is easily maintained, understood by all levels of personnel and is perceived as equitable; and D. To assist the City in developing an implementation plan. KOFF & ASSOCIATES, INC. Page 2 of 12 Compensation Proposal April 21, 2003 2. EXPERIENCE OF IHJL FIRM: Koff & Associates, Inc. is a public sector human resources consulting firm that has been assisting counties, cities and special districts for the past nineteen (19) years. We have extensive experience working in both non -union and union environments (including serving as the management representative in meet & confer meetings), working with City Councils, Merit Boards and Boards of Directors. The firm's primary areas of focus are compensation and classification studies; policy/procedure development and employee handbooks; executive search and staff recruitments; performance management issues; and serving as off -site HR Director for our smaller public agencies that need the expertise of an HR Director but do not need a full-time, on -site professional. For the past several years, the firm's workload has primarily been in the areas of classification studies and extensive total compensation reviews (samples of work products are being sent under separate cover for your review). Our analysis work has included sensitive studies for water, wastewater, fire and school districts, cities, counties, Superior Courts and other public agencies including housing, hospital and educational agencies. Without exception, all of our compensation studies have successfully met all of our intended commitments; communications were successful with employees, supervisors, management and union representatives and we were able to assist each agency in successfully implementing all of our recommendations. In addition to traditional class and compensation studies, Koff & Associates provides ongoing classification, reclassification and salary surveys for the cities of Sunnyvale and Soledad, Marin County Housing Authority, Contra Costa County and many special districts. The firm's growing list of clients is indicative of its reputation throughout California as being a quality organization that can be relied upon for producing comprehensive, sound and cost- effective recommendations and solutions. Koff & Associates has a reputation for being "hands- on" with an ability and expertise to implement its ideas and recommendations through to completion in both union and non -union environments. Koff & Associates relies exclusively on the recommendations and referrals of current clients to attract new clients. Our work speaks for itself and our primary goal is to provide professional and technical consulting assistance with integrity, honesty and a commitment to excellence. We invite you to contact anyone on the Client List as a referral. Insurance Coverage We have tailored our insurance coverage to the level and amount normally required by most cities and other public agencies: > Workers' Compensation > Professional Liability: $1MM ➢ Automobile Insurance > General Liability: $1MM KOFF & ASSOCIATES, INC. Page 3 of 12 Compensation Proposal April 21, 2003 Recent Client References The following are only a few of the classification/compensation studies that we have completed in the recent past: City of Galt City-wide classification and total compensation study including a multi- year implementation strategy. City of Citrus Heights Comprehensive alary & benefits study to identify costs of increasing City staff by 250% to include Police Dept. City of San Luis Obispo Classification and internal compensation study. City of Pinole City-wide classification study. Compensation study awarded non -competitively following successful implementation of class study; placed on hold due to economic conditions. City of San Ramon Citywide classification & total compensation study City of Walnut Creek Administrative classification study with many complications City of Soledad City-wide classification and total compensation study including a multi- year implementation strategy. Contra Costa County Continuous classification & reclassification reviews for management & elected official positions. Contact: Ms. Jill Lebeau Human Resources Manager 209-745-4695 Contact: Ms. Cathy Caprioloa Administrative Services Director 916-725-2448 Contact: Jill Syivain Human Resources Analyst 805-781-7251 Contact: Ms. Belinda Espinosa Assistant City Manager 510-724-8933 Contact: Mr. Jim Randall City Manager (Retired 3/03) 925-831-6195 Contact: Ms. Wendy Lack Director of Human Resources 925-943-5814 Contact: Hector delaRosa Director of Finance 831-678-3963 Contact: Ms. Eileen Bitten Assistant Director, Human Resources 925-335-1754 3. EXPERIENCE OF CONSULTANT TEAM The proposed project team members have more than one hundred years of combined experience KOFF & ASSOCIATES, INC. Page 4 of 12 Compensation Proposal April 21, 2003 conducting studies in the public sector similar to that addressed in the RFP. We understand City government, the issues of management as well as the areas of concern to employees, and are able to effectively develop recommendations and solutions for problems and issues. The Project Team will be led by Gail Koff (Principal of Koff & Associates) as the Project Director, Sheryl Lindquist Snyder as the Project Manager, with Catherine Kaneko, Georg Krammer and Bill Russell (from our Long Beach office) working together as the project team. As indicated earlier, our firm's practice is to accept only that level of work effort that will ensure client satisfaction and quality control. To that end, all of the identified project team members will be available to address your agency issues throughout the duration of the study. Gail Koff Gail Koff, Principal of Koff & Associates, Inc., has over 25 years of human resource management experience, 22 years of which have been serving the needs of public agencies, including water, sanitary, hospital and school special districts, cities, counties and other public jurisdictions. Gail's prior experience includes serving as the Personnel Director for one of California's largest sanitary districts, Central Contra Costa Sanitary District. She has spent the last 18 years in her own firm offering consulting assistance to special districts and other public agencies. She specializes in classification, compensation and benefit programs; policy an procedure manuals; employee handbooks; performance management issues; organizational efficiency and labor/ management issues. Gail is familiar with the unique problems of public agencies and has worked extensively with various publicly elected Councils, Boards, numerous unions and management and employee groups. As Project Director, Gail will oversee all aspects of this project, attend most meetings and be the primary contact person throughout the completion of the project. Sheryl Lindquist Snyder Sheryl brings to Koff & Associates more than 30 years of public agency human resources. Her areas of expertise include organizational design, classification, compensation, job analysis and policy and procedure development. After graduating Magna Cum Laude and Phi Beta Kappa from the University of California, Berkeley, Sheryl's career has included serving as Assistant Personnel Director for the City of San Leandro and head of Classification and Compensation for several agencies, including the County of Marin and the East Bay Municipal Utility District (EBMUD). During the fifteen years in which she was president of Personnel Associates, the firm classified more than 15,000 public agency jobs, including cities, counties and special districts in the State of California and other Western States. Sheryl has taught job analysis and classification to public agency personnel analysts in the San Francisco Bay Area. Sheryl will be the on -site Project Manager and will coordinate activities at each step of the process. KOFF & ASSOCIATES, INC. Page 5 of 12 Compensation Proposal April 21,2003 Catherine Kaneko Catherine brings over 12 years of human resources experience to Koff & Associates both as a human resources director and as a management consultant in the hi -tech industry. She has extensive experience in compensation including equity plans, recruitment, staffing, employee relations, retention, infrastructure development, coaching, policy and procedure development, mergers and acquisitions, change management and training. With a Bachelor's Degree in Business Administration, Catherine started her career as a CPA in an international accounting/consulting firm. She transitioned into HR within the firm to become the Human Resources Director of the San Francisco office. She then moved into the hi -tech industry where she served in leadership positions for high -growth, startup and transitional organizations. Catherine's experience provides a broad knowledge of human resource management within diverse organizations. Her background provides her a strong ability to understand the big picture, identify problems and solutions and effectively implement them. Her skill set complements our current consultant base with additional levels of service areas. Georg S. Krammer Georg brings more than 5 years of human resources experience to K&A with an emphasis in recruiting, performance management, organizational development and employee relations, both in large corporations as well as small, minority -owned businesses. After obtaining a Masters degree in English and Russian and teaching credentials at the University of Vienna, Austria, Georg came to the United States to further his education and experience and attained his MBA from the University of San Francisco. After starting his human resources career in Wells Fargo Bank's college recruiting department, he moved on to HR management positions in the banking and high-tech consulting industries. With his experience as a well-rounded senior HR generalist and his education in business and teaching, Georg's contribution to K&A's variety of projects greatly complements our consulting team. William F Russell Bill brings over thirty years of public agency HR and management experience to Koff & Associates and works out of our southern California office. After graduating Magna Cum Laude, Phi Beta Kappa from UC Berkeley, Bill completed a 30- year career with the City of Los Angeles, including 23 years working in the city's Human Resources Department and more than seven years as a civilian police executive. During his tenure in HR, Bill personally performed, supervised and managed the classification, employee selection, equal employment and affirmative action, health, safety and employee relations functions. As the senior civilian executive in the police department, Bill directed the operations of more than 1400 personnel in five key support divisions. Involved in employee training and development, Bill was a key developer of a highly acclaimed law enforcement leadership program and has recently assisted the State of California in the KOFF & ASSOCIATES, INC. Page 6 of 12 Compensation Proposal April 21, 2003 development implementation of an innovative and highly successful program for training law enforcement supervisors. Since joining K&A's southern California office, Bill has been involved in a variety of classification, compensation and labor relations issues. 4. WORK PLAN AND METHODOLOGY This section of the proposal identifies the actual work scope. We believe that our detailed explanation of approach and work tasks clearly identifies our methodology and comprehensiveness. A. Initial Documentation Review and Meeting with the Project Team This phase includes identifying the key client project team, contract administrator and reporting relationships. In this phase, we will also reaffirm the primary objectives, identify the incumbents and assemble current class descriptions, organization charts, Personnel Policies and any other relevant documentation. City terminology and methods of current compensation practices, procedures as well as the written questionnaire instrument will be reviewed and agreed to. At this meeting with the client team, we will agree to create the specific work plan and w^rk schedule; deteti.,ine deadline dates; and finalize a timetable for the study. This meeting is intended to clarify the entire process, including any appeal process. At this meeting, we will discuss the compensation study factors that need to be agreed upon. We will discuss and agree to comparator agencies and benefit data that will be included in the study. Regarding benefits, it is our understanding that the City desires a base, and not total compensation survey. However, the City is interested in reviewing any specific benefits that the consultants believe are somewhat outside of the standard being offered at other agencies. Our initial review of your benefit package indicates that at least four areas should be reviewed for competitive value: > Deferred Compensation (many agencies now contribute to executive and/or management 457 plans) > PERS plan. National City offers a higher level program than most agencies. > Administrative Leave (National City appears somewhat light on this benefit) > Auto Allowance (again, your city appears somewhat light on this benefit for certain positions) > The closing during the Christmas/New Year, we assume, is a benefit that is embraced by your organization and is quite unique in the public sector. While we would not consider surveying this, we would recommend that you reconfirm that employees consider this a benefit (since most are therefore forced to use vacation time during this holiday period rather than other times throughout the year) to ensure that it is considered a "benefit" to most. KOFF & ASSOCIATES, INC. Page 7 of 12 Compensation Proposal April 21,2003 B. Meeting with Study Representatives This proposal includes one meeting with representatives of the executive/management study to review and agree on comparator cities and benefit data to be collected. As the groups being reviewed are executive/management, potentially there may be an alternative methodology suggested by the City/consultant to develop agreement as these groups may not have formal representation. Project processes will be explained; expectations will be clarified and elements that are and are not a part of the study will also be covered. We believe in a collaborative approach throughout this study. Working together with employee representatives and the Council is critical to successfully manage expectations and ensure a successful study that can be implemented. The start-up project team meeting and this meeting should be scheduled on the same day, providing a cost saving to the City that is incorporated into our schedule and projected cost figures. C. Review of Existing Class Descriptions Existing class descriptions will be reviewed by our staff to ensure that we understand the scope and responsibilities of each position to be surveyed. There may be follow-up telephone or email communications with incumbents/management to ensure that we have a complete understanding of each job to be surveyed. D. Determination of Comparator Agencies As indicated in your RFP, twelve (12) agencies will be included in this survey process. The selection of the comparator agencies is considered a critical step in the study process. Using the following factors, we will work with representatives designated by the City to expand the list of comparator agencies for use in this study that will also serve as the base for future studies. Before proceeding, we will try and reach a consensus with management and the City Council. The analysis that we review to determine the most appropriate agencies include: > Organizational type and structure — While various public agencies may provide overlapping services and employ some staff having similar duties and responsibilities, the structure of each City can be unique, particularly in regard to its relationship to its citizens and level of service expectation. > Similarity of population served, City staff and operational and capital improvement budgets — These elements provide guidelines in relation to resources required (staff and funding) and available for the provision of agency services. > Scope of services provided — While it is ideal for comparators to have an City that provides all of the services at the same level of citizen expectation, sufficient data should be available for analysis as long as the majority of services are provided in a similar manner. > Labor market — The reality of today's labor market is that many public agencies are in KOFF & ASS OCIATcb };lMit€ion for the same pool of qualified employees. No longer do individuals Page 8 of 12 Compensation Proposal April 21, 2003 ➢ necessarily live in the communities they serve. Therefore, the geographic labor market area (where the City may be recruiting from or losing employees to) will be taken into consideration when selecting potential comparator organizations. E. Determination of Compensation Factors In the same collaborative manner as described above, consensus for the benefit data elements to be collected for the compensation study should be reached prior to the commencement of the data -gathering process. As indicated above, it is our understanding that the City desires only an exception -based benefit review. Although we will discuss other benefit issues during the start-up meeting, our initial review indicates that the following benefits should, at a minimum, be included for review: ➢ Deferred Compensation (many agencies now contribute to executive and/or management 457 plans) ➢ PERS level (most agencies are at the 2% at 55 and increasingly going to the 2.7% at 55 level). National City offers the highest level of PERS benefit at 3% at 60. ➢ Administrative Leave (National City seems somewhat light on this benefit) ➢ Auto Allowance (again, your city seems somewhat light on this benefit for certain positions) Should the City desire to expand the study to include all benefits, we have identified those benefits that are normally included in a total compensation study, although our proposal does not capture the cost of this additional level of effort. Such elements in a total compensation study normally include (available to all staff in a specific job classification): ➢ Monthly Salary — The top of the normal, published salary range. All figures are presented on a monthly basis. ➢ Employee Retirement — This includes two figures: the amount of the employee's State (PERS) or other public retirement contribution that is contributed by the agency and the amount of the agency's Social Security contribution. Many agencies are interested to see if their members have adopted one of the enhanced PERS benefit options and we collect this data as a value-added service to our client. ➢ Insurance — This is the maximum amount paid for employees and dependents for a cafeteria or flexible benefit plan and/or health, dental, vision, life, long-term disability and employee assistance insurance. ➢ Leave — Other than sick leave, which is usage -based, leave is the amount of days off for which the City is obligated. All days will be translated into direct salary costs. • Holidays — The number of holidays (including floating) available to the employee on an annual basis. • Vacation — The number of vacation days available to all employees after five years of employment. KOFF & ASSOCIATES, INC. Page 9 of 12 Compensation Proposal April 21, 2003 • Administrative/Personal Leave — Administrative leave is normally the number of days available to management staff to compensate for the lack of payment for overtime. Personal leave may be available to other groups of employees to augment vacation or other time off. > Other — This category includes any benefits available to all in the class. For this study, it may include such items as bonus, City 401(k) contribution, etc. F. Data Collection Normally, our firm does not collect market salary data by merely sending out a written questionnaire. We find that such questionnaires are often relegated to the individual in the department with the least experience in the organization and given a low priority. Typically, we collect this information in person by a prior appointment or we request salary schedules, organization charts and other information for review. With this prior knowledge and our experience in the public personnel field, we can make preliminary "matches" and then schedule an appointment in person or by telephone, with a knowledgeable individual to answer specific questions. We find that the information collected using these methods has a very high validity rate and is generally substantiated before employee and bargaining units as well as governing bodies. G. Analysis and Preliminary Data Review Data will be entered into spreadsheet format designed for ease of interpretation and use. The information will be presented in a format that will identify the comparator positions used for each classification comparison. Information will be calculated based upon either ourusual methodology of capturing both mean and median figures, or continuing the City's methodology of dropping the City of San Diego and the lowest top of band reported City. Benefit data will be collected and presented in a format that will be easy to read and interpret. H. Determination of Internal Relationships and Development of the Draft Management Compensation Plan In determining internal salary relationships, K&A reviews the salary data from two different perspectives: The first level of analysis will be the appropriate differential between the different levels in a series (i.e., 15L line supervisor, 2"d line supervisor, Manager) as well as the appropriate grouping of salary levels for classes in different occupational groups. For example, customary percentage salary differentials applied in the field will be used for classes in series and elsewhere, where appropriate, in developing the class plan. As determining internal equity relationships constitutes the primary thrust of the compensation portion of the study, considerable attention will be given to this phase. KOFF & ASSOCIATES, INC. Page 10 of 12 Compensation Proposal April 21,2003 will be necessary to develop an internal position hierarchy based on objective factors. Factors that will be included in this process are: 1. Education 2. Experience 3. Problem Solving/Ingenuity 4. Attention/Stress (Concentration/Time Pressure & Interruptions) 5. Independence of Action/Responsibility 6. Contact with Others 7. Supervision Given to Others 8. Consequences of Action/Decisions 9. Working Conditions 10. Physical Requirements I. Draft Compensation Plan and Report At this point, we will provide the Draft Compensation Plan and Report to the City. After the City's preliminary review, K&A will meet with the Project Team as well as representatives from the various stakeholders to clarify data, to receive corrected information and to answer questions and address concerns. J. Update of Data, Production of Final Report and Council Presentation After the preliminary review and when agreement has been reached, we will update data, produce a final report and present it to the City Council. K. Participation in a City Formal Appeal Process Should the City have a formal appeal process regarding the allocation to salary range, this proposal does not cover time requirements beyond eight hours of consultation regarding the appeal process. Should our on -site participation be desired, our stated composite hourly rate will be billed. L. Deliverables Our deliverables will include: > Up to seven bound copies and one unbound original of the final report, plus the salary analysis information provided on disc; > A summary compensation study document with study processes, comparator guidelines, benchmark guidelines and overall areas of concern; > A recommended Salary Plan that will identify salary bands, including recommended classifications for inclusion within each band and rationales for each band recommendation; > A benefit summary document identifying differing levels of benefits, the City's contribution to each and recommendations and findings; KOFF & ASSOCIATES, INC. Page 11 of 12 Compensation Proposal April 21, 2003 ➢ Implementation recommendations for achieving compensation goals within a reasonable timeframe, keeping in mind any economic and political limitations of the City; ➢ Extensive communication throughout the study with the Project Team, City Manger's office and others; and ➢ Sufficient documentation and training of City staff to allow for maintenance of the compensation plans. M. Expectations of City Support In order to conduct this study in the most timely and cost-effective manner, we expect support from the City in the following areas: ➢ Timely provision of written documentation, such as current class specifications, budget documents, past studies, etc.; ➢ Assistance in the notification and scheduling of meetings; ➢ Assistance in collecting and forwarding review comments and in ensuring that materials are returned in a timely manner; ➢ Meeting pre -agreed timelines. 5. TIME SCHEDULE Our experience is that studies of this nature and for organizations of this size take approximately eight weeks to complete, allowing for adequate data collection review steps. We are prepared to begin the study immediately upon authorization and complete it within an agreed -upon timeline, similar to that listed below. To meet your projected timeline of study completion no later than 7/1/03, we assume that the contract will be awarded in early May: Award of Contract Initial Project Team Meeting Salary/Benefit Market Identification Collection and Analysis of Market Data Internal Job Analysis Development of Draft Final Report Presentation of Final Reports Presentation to Council KOFF & ASSOCIATES, INC. 2 weeks after contract signed Project Team Meeting 2-5 weeks from PTM 6 weeks from PTM 8 weeks from PTM 9 weeks from PTM Scheduled Page 12 of 12 Compensation Proposal April 21,2003 6. PROPOSED COST Project Phase Hours A, B Initial Project Team and Representatives Meeting 10 C Review, Confirmation of Class Descriptions 8 D, E Market Comparators 10 F Market Total Compensation Data Collection 50 G, H Analysis & Preliminary Data Review, Internal Salary Analysis/Meeting 37 I Preparation of Draft/Final Report 20 J Review Process/Preparation of Final Report 10 K Project Team Meetings (2)/ City Council Meeting (2) 30 Total Hours 175 Professional Service Fees at $85/Hour (composite rate) $14,875 320. Clerical Support (8 hours @$40) Reimbursable expenses, including, but not limited 1,500. to airfare & lodging (3 nights), copies, FAX, UPS, postage, mileage, telephone, etc. TOTAL LUMP SUM COST OF PROJECT: $16,695. Respectfully Submitted, By: KOFF & ASSOCIATES, INC. State of California Ga ►_ ' of , President/ KOFF & ASSOCIATES, INC. /�%/d.3 Date City of National City, California COUNCIL AGENDA STATEMENT May 61h, 2003 MEETING DATE AGENDA ITEM NO. 3 ITEM TITLERESOLUTION AUTHORIZING A CONTRACT RENEWAL FOR THE MAINTENANCE OF THE POLICE DEPARTMENT'S 800 MHZ COMMUNICATION SYSTEM PREPARED Dave Noteware, PSS DEPARTMENT Chief Skip DiCerchio 6t ,a&- (619) 336-4509 Police Department EXPLANATION Bid #GS9293-2 for the installation and maintenance of the Police Department's 800 Mhz system was awarded on 8/17/93, via resolution #93-123. The award was for a one-year contract with three one-year renewal options which expired in 1997. Renewed via resolution 97-31 from 1997-6/30/99. Renewed via Resolution 99-78 from 7/1/99-6/30/00. Renewed via Resolution 2000-70 from 7/1/00-6/30/01. Renewed via Resolution 2001-59 from 7/1/01-6/30/02. Renewed via Resolution 2002-79 from 7/1/02-6/30/03. Due to the complexity of this contract, the excellent service and response times provided by Day Wireless Systems, and the good working relationships with the vendor, the affected departments are in favor of a contract renewal. Council authorization is requested for a one-year renewal (to expire 06/30/04), under the existing terms and conditions. The value of the contract is $20,417.88 per year. A yearly increase of $487.44 is due to added maintenance cost of our older radio trunking system and the additional XTS5000 radio pick-up fee. Per purchasing Ordinance No. 1480, section 12a(4), the bidding requirements may be waived when the City Council determines that due to special circumstances, it is in the City's best interest to enter into a contract without compliance with the bidding procedure. Give the excellent working relationship with the vendor, staff recommends that the bidding requirements be waived. 1,,,e The Vendor, Day Wireless Systems is agreeable to the renewal per the attached memo. Environmental Review XX N/A Financial Statement Funds are budgeted in the Police FY 02/03 budget Account No. STAFF RECOMMENDATION Approve the Resolution, and authorize the Purchasing Agent to issue the resulting purchase order. BOARD / COMMISSION RECOM EN ATION ATTACHMENTS ( Listed Below ) Vendor statement Service Agreement Resolution 001-411-000,2 Resolution No. 2003-53 7- A -zoo is eol` ` - -. _W�._ RESOLUTION NO. 2003 - 5 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT RENEWAL WITH DAY WIRELESS SYSTEMS FOR MAINTENANCE OF THE POLICE DEPARTMENT'S 800 MHz COMMUNICATION SYSTEM WHEREAS, the Purchasing Agent of the City of National City did in open session on August 4, 1993, publicly open, examine and declare all sealed proposals or bids for installation and maintenance of the Police Department's 800 MHz system; and WHEREAS, the City Council of the City of National City awarded said contract to Motorola, pursuant to Resolution No. 93-123 on August 17, 1993; and WHEREAS, Motorola assigned the City's service agreement to U.S. Wireless, and U.S. Wireless has since assigned the City's service agreement to Day Wireless Systems; and WHEREAS, the original service agreement was for a period of one year with options to renew for three additional one year periods, the last of which will expire June 30, 2003; and WHERE, ,S, the annual cost of the agreement renewal is $20,417.88 which reflects a yearly increase of $487.44 due to the added maintenance cost of the older radio trunking system and the additional XTS5000 radio pick-up fee; and WHEREAS, due to the complexity of the service agreement and the excellent service provided by Day Wireless Systems, the affected City departments and the vendor are in favor of an additional one year renewal of the agreement under the existing terms and conditions; and WHEREAS, the City Council has determined that special circumstances exist, and that it is in the City's best interest to waive the bidding requirements pursuant to the provisions of Section 2.60.220(D) of the National City Municipal Code. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute a renewal of said service agreement with Day Wireless Systems for an additional one (1) year period, to expire June 30, 2004, at a cost of $20,417.88 per year. Said service agreement is on file in the office of the City Clerk. Resolution No. 2003 - 53 May 6, 2003 Page Two PASSED and ADOPTED this 6`h day of May, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney DAY WIRELESS SYSTEMS dba: US Mobile Wireless Communications, Inc. 7323 Engineer Road Suite B San Diego, CA 92111 858-576-1116 Fax: 858-576-1126 CUSTOMER NAME: City of National City - Police Department ATTN: Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CITY: National City ZIP CONTRACT START DATE: 7/1/2003 YES 91950 SERVICE AGREEMENT DATE 4/4/2003 AUTO RENEWAL: NO CUSTOMER#: NAT140 CUSTOMER/AGREEMENT: 17-00 CUSTOMER CONTACT: Dave Noteware - Support Services Manager TELEPHONE / FAX #: 619-336-4509/619-336-4525 EXPIRATION DATE: 6/30/2004 PAGE 1 OF 2 WHEN THIS AGREEMENT IS ACCEPTED BY us MOBILE WIRELESS. THE EQUIPMENT ON THE CUSTOMER,AGREEMENT ORDER REFERENCEn A60VE WILL SE SERVICED BY U 5. MOBILE WIRELESS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ONATTAGHMQR_ THIS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS. BATTERIES, OR SERVICE OF ANY TRANSMISSION LINE. ANTENNA. TOWER OR TOWER LIGHTING UNLESS 0 w N N v MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: Ir• c Ul- SERVILE PM Monday thru Friday. sVCCTR HOURS OF SERVICE: 8:00 AM TO 4:30 MODEL NUMBERISERIAL NUMBERIDESCRIPTION CUOTOMER LOCATION SVCDTR DRINEIN MALIN PER UNIT EXTENDED EXCLUDING WEEKENDS and HOLIDAYS. OTY 3 " Centracom Series II Console X 56.50 169.50 be 3 * Hi Tech System Support - Console X 56.27 168.81 An annual preventive maintenance inspection is included in this contract and is to 4 * MSF5000 Repeater X 46.00 184.00 scheduled by a representative of National City Police Dept. 4 * Hi Tech System Support - Repeater X 46.86 187.44 1 * SmartNet Controller (Includes SMT) X 92.50 92.50 This contract includes all parts and labor with the exception of antennas, batteries, cables, 1 * Hi Tech System Support - Controller X 56.27 56.27 programming, physical abuse and water/chemical damage. 1 Desktrac Base X 12.50 12.50 X 6.00 306.00 51 Spectra W7 Mobile X 6.00 18.00 * Denotes that this equipment is covered under 24/7/365 3 Spectra Motorcycle Radio X 6.00 22f .00 38 Saber SI Portable X 8.00 8.00 Pickup and delivery of portables included with this contract. 1 Spectra Control Station X 6.00 18.00 3 2 Saber Portable w!DVP Encryption PX300 Portable wIDVP Encryption X 6.00 12.00 1 Desktrac Repeater (Plaza Bonita) X 12.50 12.50 [ x j NEW [ I RENEWAL 12 Astro Spectra W3 Mobile X 6.00 72.00 AGREEMENT AGREEMENT# the reverse side. 10 X XTS3000 Portable X 6.00 60.00 Additional terms, definitions end conditions DORIS SERVICE AGREEMENT ere printed on 7 XTS3000 Portable (Warranty Handling) X 1.00 7.00 63 XTS5000 Portable (Warranty Handling) X 1.00 63.n0 TITLE DATE AUTHORIZED CUSTOMER SIGNATUREJP.O• f 1 NO IS P.O. REQUIRED? [ X ] YES, ATTACH P.D. TOTAL PER MONTH $1,675.52 TAX EXEMPT: TAXES $25.97 vJ (Ze_ (858) 576-1116 PAYMENT CYCLE: ANNUALLY [ I YES, ATTACH EXEMPT TOTAL $1,701.49 SERVICE REPR SENTATIVE (SIGNA R TELEPHONE # [ I [ ] SEMI-ANNUALLY CERTIFICATE [XI QUARTERLY ( X I NO THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE&LOCAL TO BE Keith Thackery [ I MONTHLY . ,..rE,T-o ToecrICV Int CDGCIA I IAIRTRI ICTIONSl TAXING JURISDICTIONS, VERIFIED BY DAY WIRELESS SERVICE REPRESENTATIVE (PRINT NAME) CELL PHONE# N N DAY WIRELESS SERVICE AGREEMENT TERMS AND CONDITIONS 1. DEFINITIONS "DWS" shall mean Day Wireless Systems Inc.; "Customer' shall mean the customer named in the Agreement, and "Product" shall collectively mean the Equipment and Software which DWS and Customer agree to be serviced pursuant to this Service Agreement. Such Product is listed on the front of this Agreement. 2. ACCEPTANCE The terms and conditions set forth on this Agreement is an offer to purchase Service by Customer which shall become a Service Agreement when acknowledged in writing by DWS's Service Department; and the banking, negotiation or other use of any payment shall not constitute an acceptance by OWS. It is agreed that Service shall be provided only on the terms and conditions contained in this Agreement DWS shall not be bound by terns and conditions in Customers purchase order or elsewhere unless expressly agreed to in writing. Upon acceptance by DWS's Service Department, DWS's interest in the Agreement is assigned to DWS, Inc. 3. SERVICE DEFINED a. DWS agrees to provide service for the Customer for the Product listed on the front side of this Agreement Such Products shall be serviced according to the terms and conditions on the front and reverse side of this Agreement ("Service'). The Service shall begin and end on the dates set forth on the front side of this Agreement. DWS shall also Service other Product purchased by customer during the term of this Agreement on the sameterms and conditions set forth in this Agreement at the then current service fees for such Product. Upon delivery of such other Product to Customer, service fees far Service of such other Product shall be added to the billing cycle following expiration of the labor warranty on such other Product. In the event of toss, damage, theft or removal from Service of any Product, Customer shall immediately report the loss, damage, theft or removal in writing to DWS. In this event. Customers obligation to pay service fees with respect to any such Product shall terminate at the end of the month in which DWS received such written report. b. Mobile Product shall be removed and reinstalled in different vehicles at Customers request for the service fee in effect at the time of Customers request. c. This Agreement does not include service of any transmission line. antenna, tower or tower lighting, unless such work is described on the front side of this Agreement. Service shall include the labor and parts required to repair Product which has become defective through normal wear and usage. This does not include consumables and their installation. Service does not include the repair or replacement of Product which has otherwise become defective. including, but not limited to, damage caused by accidents, physical or electronic abuse or misuse, acts of God. fires or other casually. Service performed for non -covered repairs shall be billed at OWS's above contract rate applicable for such Service. Product under contract must be maintained in environmental conditions as set forth in the Product specifications and damage resulting from environmental conditions not conforming to the specifications is not covered by this Agreement. d. Where telephone lines and Product are used in conjunction with DWS maintained Product, DWS shall have no obligation or responsibility for such telephone lines or Product but shall, upon request, assist the Telephone Company in repairing such upon payment at the appropriate above contract rate. e. Customer shall indicate on the front side of this Agreement any Product which is intrinsically safe so that appropriate parts and procedures may be used to maintain such status. f. At the expiration of twelve (12) months after the commencement of Service hereunder (or any time thereafter), if Product cannot in DWS's opinion be properly or economically repaired, because (but not limited to) excessive wear, detenoration or unavailability of parts, DWS at its sole option, upon thirty (30) days prior written notice to Customer sent by certified mail. may either (1) remove such Product from this Agreement; or (2) may increase the price to Service such Product. Customer shall have thirty (30) days from receipt of notice of price increase to object to such increase. If Customer properly objects to such increase, DWS shall then have the option to remove such Product from coverage by this Agreement. Customers obligation to pay Service fees with respect to Product removed from this Agreement shall terminate at the end of the month during which such Product is removed. 4. SERVICE STANDARDS. The Product shall be serviced by DWS in accordance with the following standards: (i) DWS parts or parts of equal quality shall be used; (ii) the Product shall be serviced at levels set forth in DWS's product manuals; and (iii) routine service procedures prescribed from time to time by DWS for its Product shall be followed. 5. TIME AND PLACE OF SERVICE. Service shall be done at the location speed on the front side of this Agreement. Where Service is to be performed at the location of the Product. Customer shall furnish shelter, heat. Tight and power at these locations. Customer shall notify DWS immediately of Product failure, allow DWS full and free access to the Product, and cooperate fully with DWS in DWS's servicing of the Product Waiver of liability by DWS against Customer or other restrictions shall not be imposed by Customer as a site access requirement. Customer shall allow DWS full and free access to the Product. Customer shall allow OWS to use necessary machines, communications, facilities, features and other product (except as normally supplied by DWS) at no charge. Mobiles and removable Product shall be delivered by Customer to the OWS Service Center indicated on the front side of this Agreement. 6. PAvMENTITAXES On or about the date each payment is due as set forth on the front side of this Agreement, DWS shall send Customei. an invoice covering the Service fees for the next Payment Period. All other charges shall be billed monthly, and the Customer shall pay the amount of each invoice within ten (10) days of its date to the DWS office designated by DWS. Each invoice shall be due and payable whether or not the Product is operating, and DWS may terminate this Agreement by giving Customer ten (10) days notice by certified mail 1 Customer defaults in its payment to DWS. Customer shall reimburse DWS for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments now or hereafter imposed by authority of any Federal, State or Local law, rule or regulation with respect to the Service of the Product except Federal income and profit taxes of DWS and State income and franchise taxes of DWS. 7. RIGHT TO SUBCONTRACT. OWS shall have the right to subcontract in whole or in part the Service called for by this Agreement. DWS shall notify Customer of the name and address of each subcontractor. 8. REVISION OF FEES. Prior to an Anniversary of the "Expiration Date" indicated on the front side of this Agreement. DWS may revise the Service fees set forth on the front side of this Agreement by giving Customer written notice of the amount of the increase at least sixty (60) days in advance of that Anniversary date. Upon receipt of any such notice, Customer may terminate this Agreement on the Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to- DWS sent by certified mail to the address indicated in this Agreement; otherwise the new fees shall become effective on the Anniversary date . In the event of such termination, all accrued and unpaid charges shall be due and payable immediately upon termination. 9. AUTOMATIC RENEWAL If Automatic renewal is selected on the contract, after the Expiration Date indicated on the front side of this Agreement, this Agreement shall continue for successive additional periods of one year, provided that either DWS or Customer may terminate this Agreement on the Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to the other party sent by certified mail to the address indicated in this Agreement. 10. INTERRUPTION OF SERVICE. Customer shall notify the servicing agency in the event of the failure of any Product. If the servicing agency fails to repair the Product within a reasonable time, Customer shall notify the DWS office designated by DWS. After said notice from Customer to the servicing agency and to the DWS office designated by DWS. DWS shall be liable for any interruption of interference affecting the use or transmission through the Product maintained to the extent of a pro rate allowance based on the monthly service fee for the time such interruption or interference is attributable to the fault of DWS or its subcontractor. DWS does not assume and shall have no liability under this Agreement for failure to provide or delay in providing service for Product due directly or indirectly to causes beyond the control of DWS, including, but not restricted to, acts of God, acts of the public enemy. acts of the United States, any State, Territory of the United States, or any political subdivision of the foregoing, or the District of Columbia, acts of failure to act of the Customer, its agents, employees or subcontractors, fires, floods, casualty, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather conditions or defaults of DWS subcontractors due to any such causes. 11. WARRANTY LIMITATIONS, EXCEPT AS SPECIFIED IN THIS AGREEMENT, DWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DWS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. 12. FCC AND OTHER GOVERNMENT MATTERS. Although DWS may assist in preparation of the FCC license application, Customer is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission ("FCC") or any other Federal, State or Local governmental agency. Customer is solely responsible for complying with applicable FCC rules and regulations and the applicable rules and regulations of any other Federal, State or Local governmental agency. Neither DWS nor any of its employees is an agent of Customer in FCC or other governmental matters. DWS, however, may assist in preparation of the FCC license application at no charge to Customer. 13. ENTIRE AGREEMENT. Customer acknowledges that it has read and understands the terms and conditions of the Agreement and agrees to be bound by them, that it is the complete and conclusive statement of the agreement between the parties, and that this Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter hereof and all understandings and agreements oral and written, heretofore made between DWS and Customer, are merged in this Agreement which alone fully and completely expresses their agreement. 14. AMENDMENT. No modification of or additions to this Agreement shall be binding upon OWS unless such modification is in writing and signed by the DWS Service Manager authorized to make such revisions and an authorized agent of Customer. 15. VALIDITY. If any term or provision of this Agreement shall to any extent be held by a court or other tribunal to be invalid, void or unenforceable, then that term or provision shall be inoperative and void insofar as it is in conflict with law, but the remaining terms and provisions of this Agreement shall nevertheless continue in full force and effect and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid, void or unenforceable. 16. HEADINGS. Section and paragraph headings used in this Agreement are for convenience only and are not to be deemed or construed to be part of this Agreement. 17. LAW. THIS AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA 18. ASSIGNMENT. No assignment or transfer, in whole or in part. of this Agreement by Customer shallbe binding upon DWS without its prior written consent 19. WAIVER. Failure or delay on the part of DWS or Customer to exercise any right, power or privilege under this Agreement shall not operate as a waiver of any right. power or privilege of this Agreement. 20. TIME TO SUE. Except for money due upon an open account. no action shall be brought for any breach of this Agreement more than two (2) years after the accrual of such cause of action except where a shorter limitation period is provided by applicable law. MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 6, 2003 4 AGENDA ITEM NO, (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH SWEETWATER AUTHORITY TO DRILL A TEST WELL AT EL TOYON PARK PREPARED BY Michael Long DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION Sweetwater Authority desires to install an 800-foot deep test well at El Toyon Park for the purpose of monitoring the groundwater levels in the deep aquifer. Currently, Sweetwater Authority has two other monitoring wells in El Toyon Park, one is 150 feet and the other is also 800 feet deep. The purpose of this monitoring well is to do standard lithologic and geophysical logging, take core samples from selected depths and analyze them for physcial and chemical characteristics. The well itself will provide long term monitoring of depth dependent water levels and water quality. This information will be evaluated with other studies that have been done of the region to further understand the geology and hydrology of the San Diego area. The benefits will be substantial since this area relies on imported water from northern California and the Colorado River. The study will help implement a ground -water management plan that will decrease the problems associated with extended droughts. This agreement allows the third well to be installed, developed, and periodically monitored on City property by the Sweetwater Authority. Financial State of the attached agreement Approved BY: cribed in Exhibit "A .e1.orn: b eetwater Authority. STAFF RECOMME Adopt the resolutionglWATM BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Exhibit "A' - Scope of Work 2. Exhibit "B" - Map e rDirecto Account No. Resoiu €on Plc. 2003-54 A-200 (9.99) RESOLUTION NO. 2003 — 54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH SWEETWATER AUTHORITY TO INSTALL AN 800-FOOT DEEP GROUNDWATER MONITORING TEST WELL AT EL TOYON PARK WHEREAS, Sweetwater Authority desires to install an 800-foot deep groundwater monitoring test well at El Toyon Park in National City for the purpose of monitoring the groundwater levels in the deep aquifer; and WHEREAS, the City has determined that Sweetwater Authority is the water company which provides service to National City and is qualified by experience and ability to perform the well installation, and is willing to permit Sweetwater Authority to perform the well installation at no cost to the City, as an accommodation to Sweetwater Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with Sweetwater Authority to install an 800-foot deep groundwater monitoring test well at El Toyon Park in National City for the purpose of monitoring the groundwater levels in the deep aquifer. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of May, 2003. ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick Inzunza, Mayor LICENSE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER AUTHORITY THIS LICENSE AGREEMENT. (the Agreement) is entered into this 6th day of May, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SWEETWATER AUTHORITY (the "AUTHORITY"). RECITALS WHEREAS, the AUTHORITY desires to install a 800' deep groundwater monitoring well into the deep aquifer at El Toyon Park, A.P.N. 554-050-15 which is owned by the City. WHEREAS, the CITY has company which provides service to the City ability to perform the well installation, and perform the well installation at no cost to the FOLLOWS: determined that the AUTHORITY is the water of National City and is qualified by experience and the City is willing to permit the AUTHORITY to CITY, as an accommodation to the AUTHORITY. NOW, THEREFORE, THE PARTIES HERETO DO MUTUAL' Y AGREE AS 1. PERFORMANCE OF WORK. The AUTHORITY hereby agrees to perform the well installation (sometimes referred to herein as the "work") in accordance with all the terms and conditions contained herein. The AUTHORITY represents that all services required hereunder will be performed directly by the AUTHORITY or under direct supervision of the AUTHORITY. 2. SCOPE OF SERVICES. The AUTHORITY will perform services as set forth in the attached Exhibit A. The AUTHORITY shall be responsible for all research and reviews related to the work and shall not rely on personnel of .the CITY for such services, except as authorized in advance by the CITY. 3. PROJECT COORDINATION AND SUPERVISION. Michael J. Long, P.E., Associate Civil Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The AUTHORITY shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the AUTHORITY. Michael Garrod, Deputy Chief Engineer thereby is designated as the Project Director for the AUTHORITY. Revised 5/2001 4. COST OF WORK The total cost for all work described in Exhibit "A" shall be paid for by the AUTHORITY. . 5. LENGTH OF AGREEMENT. Completion dates or time duration for specific portions of the work are set forth in Exhibit "A". 6. DISPOSITION OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the AUTHORITY for this Project, whether paper or electronic, shall be considered the property of the CITY, and the AUTHORITY shall have access to said documents upon completion of the work, or any phase thereof, contemplated by this Agreement. 7. INDEPENDENT AUTHORITY. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the AUTHORITY nor the AUTHORITY'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the AUTHORITY and the AUTHORITY's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the AUTHORITY and its employees. Neither this Agreement nor any interest herein may be assigned by the AUTHORITY without the prior written consent of the CITY. Nothing herein contained is intended to prevent the AUTHORITY from employing or hiring as many employees, as the AUTHORITY may deem necessary for the proper and efficient performance of this Agreement. 8. COMPLIANCE WITH APPLICABLE LAW. The AUTHORITY, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 9. LICENSES, PERMITS, ETC. The AUTHORITY represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The AUTHORITY represents and covenants that the AUTHORITY shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the AUTHORITY to perform the work. 10. STANDARD OF CARE. The AUTHORITY, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised under similar conditions and in similar locations 11. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the AUTHORITY certain confidential information to enable the AUTHORITY to effectively perform the services to be provided herein. The AUTHORITY shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The AUTHORITY shall limit the use and circulation of such information, even Within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the AUTHORITY, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the AUTHORITY without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the AUTHORITY by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The AUTHORITY shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the AUTHORITY shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. AUTHORITY shall be liable to CITY for any damages cans, by breach of this condition, pursuant to the provisions of Section 15. 12. INDEMNIFICATION AND HOLD HARMLESS. The AUTHORITY agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the AUTHORITY's negligent performance of this Agreement. 13. WORKERS' COMPENSATION. The AUTHORITY shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the AUTHORITY under this Agreement. 14. INSURANCE, The AUTHORITY, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractor's, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of employees and E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the AUTHORITY does not keep all such insurance policies in full effect at all times during the teinis of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. H. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the AUTHORITY shall maintain such coverage for three years after expiration of the term (and any extensions) of this Agreement. L Any aggregate insurance limits must apply solely to this Agreement. J. The AUTHORITY may satisfy the requirements in this Section 14 by furnishing evidence to the CITY that the AUTHORITY is lawfully self -insured. 15. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. volunteers. 16. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 17. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Teixiiination without cause shall be effective only upon 60-day's written notice to the AUTHORITY. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the AUTHORITY in coy<nection with the formation of this Agreement o- the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the AUTHORITY as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the AUTHORITY, whether paper or electronic, shall immediately become the property of and be delivered to the CITY. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 18. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Burton S. Myers Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the AUTHORITY: Michael Garrod Deputy Chief Engineer Sweetwater Authority 505 Garrett Avenue P. O. Box 2328 Chula Vista, Ca 91912-2328 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 19. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the AUTHORITY shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The AUTHORITY also agrees not to specify any product, treatment, process or material for the project in which the AUTHORITY has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The AUTHORITY shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The AUTHORITY shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the AUTHORITY has a financial interest as defined in Government Code Section 87103. The AUTHORITY represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The AUTHORITY shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 19 by the AUTHORITY. 20. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. ■ Exhibit A — Scope of Services ■ Exhibit B — Location Map F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SWEETWATER AUTHORITY (Two signatures required) By: By: Nick Inzunza, Mayor D •nnis Bost. . , General Manager APPROVED AS TO FORM: By: George H. Eiser, III City Attorney an e Smyth, Chiaif4 ngineer EXHiB►T "A" SCOPE OF WORK Sweetwater Authority and a qualified well drilling company, approved by the City, shall drill a test well approximately 800 feet deep in the approximate location shown on Exhibit "B". Sweetwater Authority shall utilize this well to monitor groundwater levels in the deep aquifer for the purposes described in the attached summary. This well shall be drilled and maintained on the north side of El Toyon Park, A.P.N. 554-050-15, under an agreement entered into on May 6, 2003 Sweetwater Authority shall maintain the well in a safe and sanitary condition at its sole cost. Upon notification in writing by the CITY's City Engineer, the well shall be abandoned, removed or relocated by the Authority at its sole cost. U4/1b/Z0U3 Ut5 of t'AA t)1 J (4b 1 JMI.hl trULK .1U111Ut(111 Summary Title: Hydrogeolagy of the San Diego Area, California Cooperating Agency: Sweetwater Authority Projects Chiefs: Wes Danskin, Clint Church (associate) Period of Project: Fi'02-FYY04 Problem: No comprehensive geologic and hydrologic study has been made of the San Diego area. As a result it is difficult for state and federal agencies, water purveyors, and consultants to understand the effects of urbanization on the local surface -water, ground -water, and biologic resources or to critique ideas and opportunities for additional ground -water development. This study will provide the integrated geologic and hydrologic knowledge necessary in this important and highly visible area of the United States. Objectives: The two primary objectives of this study are (1) to develop an integrated, comprehen- sive understanding of the geology and hydrology of the San Diego area, focusing on the San Diego Formation and the overlying alluvial deposits, and (2) to use this understanding to evaluate expanded use of the alluvial deposits and San Diego Formation for recharge and extraction. Relevance and i.:enefits: This study will benefit local water purveyors by providing an improved understanding of the source of water to their production wells and the interaction c: their production :ells with near - surface ground water. Benefitstbothers in the San Diego area will be from having a comprehen- siveinvestigation of the 'primary aquifer in the region. Benefits to the nation include quantifying the resources of an important coastal city, and developing the background information necessary to manage a complex coastalbiologic-hydrologic environment. This study wilt address five issues in the Strategic Directions for the Water Resources Division, 1998-2008. Specifically, the study will provide information about Issues 1, 2, 3, 8, and 9. Approach: To achieve the primary objectives requires (1) collection and analysis of new data, in particular new types of data such as naturally occurring stable and radioactive isotopes found in ground water; (2) exhaustive review of existing literature and interpretative work, (3) development of comprehensive concepts that integrate geologic, hydrologic, and water -quality data, (4) testing of these concepts with a regional ground -water flow model, and (5) evaluating regional water - management questions with a simulation -optimization. model. The study involves four phases with each phase focusing on a specific coastal drainage basin. Data collection and analysis are parallel between phases, but each phase can be tailored to answer specific local questions for different Cooperating agencies. Phase 1, which has been funded by the Sweetwater Authority, focuses on the Sweetwater River drainage basin. Phases H—IV, which are presently unfunded, focus on the Otay, San Diego, and San Dieguito River drainage basins, respectively. Reporting is done via web and paper products for each phase, and a comprehensive USGS Professional Paper that summarizes results for the EEVED overall stppudy, Geological Survey eetwater Ac+theriim Prepared 02-12-03 U4/,10i!UU3 06:3( rAA bly 4Z0 1,10 JMGL111A1L'1< AU1riUK11i 1(1?UU3 flydrogeology of the S n DiegArea, C.,:WWWOri' Problem No comprehensive geologic and hydrologic study has been made of coastal ground -water resources in the San Diego area (fig. 1). As a result it is difficult for state and federal agencies, water purveyors, and consultants to understand the effects of urbanization on the local surface - water, ground -water, and biologic resources or to critique ideas and opportunities for additional ground -water development. This study will provide the integrated geologic and hydrologic knowl- edge necessary in this important and highly visible area of the United States. Although the San Diego area has a population of almost two million people, there is a paucity of data for the San Diego Formation and for the overlying alluvial po and w others, together998). comprise the predominate source of ground water in the area (fig.Huntley rly, the interaction between ground water and surface water, which is found in four major rivers (San Dieguito, San Diego, Sweetwater, and Otay) and several small reservoirs, is not well described (figs. 1 and 3). Historic development of ground -water resources in the San Diego area for municipal use has been limited by the small areal extent of permeable deposits and by the modest recharge in this semi- arid region. As population has. continued to increase, however, there has been renewed interest in developing additional local ground -water resources and using local permeable deposits for aquifer storage and recovery. Theability of local agencies to accomplish these goals has been limited by the lack of a detailed, comprehensive understanding of the hydrogeology of the area (City of San Diego, 2001). Objectives The two primary objectives of this four -phase study (fig. 3) are: (I) To develop an integrated, comprehensive understanding of the geology and hydrology of the Sari Diego Formation and the overlying alluvial deposits, and (2) To use this understanding to evaluate expanded use of the alluvial deposits and San Diego Formation for recharge and extraction. Secondary objectives include to: Define the occurrence and geologic history of the San Diego Formation; Define the hydrogeologic characteristics of the San Diego Formation and the overlying alluvial deposits, including areal and vertical variations; Define the water -quality characteristics of the San Diego Formation and the overlying alluvial deposits; Define the age and movement of ground water through the San Diego Formation and overlying alluvial deposits; and Prepared 02-12-03 U.S. Geological Survey 04/16/2003 08:58 FAX 619 425 7469 SWEETWATER AUTHORITY I0 005 To help minimize this risk and provide increased water supply during a drought, ground -water management plans are being developed to enhance the yield of the San Diego Formation, which is one of the few areally extensive aquifers in the area. The success of these plans is jeopardized by the meager hydrogeologic information that is available about the San Diego Formation (Boyle Engineering Corp., 1994; Boyle Engineering Corp. and Huntley, 1996). Also, operation of any new wells or artificial -recharge facilities needs to be optimally integrated with existing water -sup- ply infrastructure including reservoirs, regulated streams, wells, imported water, and demineral- ization facilities. In order to design and optimally operate new facilities, the hydrogeology of the area, and in particular the ground -water quality as it varies areally and with depth, need to be bet- ter understood. The San Diego Formation is located along the coastal plain in southwest San Diego County, and extends over an area of more than 120 square miles, from the coastal mountains in the east to San Diego Bay and the Pacific Ocean in the west, from La Jolla in the north to Tijuana, Mexico in the south (figs. 1 and 2). The formation is composed of thinly bedded sandstone and conglomerate, which originated as marine and non -marine sediment during the late Pliocene and early Pleis- tocene. The San Diego Formation ranges in thickness from about 100 feet to more than800feet deposits. and is overlain, apparently conformably, by about 100 feet of unconsolidated Quaternary The formation is underlain by as much as a 6,000 feet of Tertiary and Cretaceous sedimentary rocks, which in turn are underlain by metavolcanic and plutonic rocks (Elliott, 1970; Kuper, 1977). Most potable ground water in this stratigraphic sequence is extracted from the San Diego Forma- tion or the overlying Quaternary deposits (fig. 2). Ground water with a greater salinity found in some parts of the San Diego Formation and in the underlying Miocene and Eocene rocks; how- ever, the distribution and souroe"df.the saline water is not known. Similarly, only limited informa- tion is available about the areal and vertical distribution of aquifer characteristics. Even the boundary between the unconsolidated deposits and the San Diego Formation, and between the San Diego Formation and underlying rocks is uncertain. Most hydrogeologic investigations of the area, including those by the USGS (Duell, 1990; Even - son, 1989; 1zb'icki, 1983, 1985; Kaehler, 1990; Kaehler and Hsieh, 1994; and Woolfenden, 1989) have focused on a specific subarea or project. Unlike in many other southern California basins, no comprehensive, integrative hydrogeologic work has been done except for an initial investigation by the USGS (Ellis and Lee, 1919) and a survey study by the California Department of Water Resources (1967). In 1998, a task force summarized the state of knowledge about the San Diego Formation and concluded that there was a paucity of data and a difficulty relating information from one area to another (Huntley and others, 1998). Geologic mapping of the land surface has been done for the entire study area and includes detailed maps of faults and geologic hazards (Marshall, 1979; Kennedy and Tan, 1975, 1977; Kennedy and Welday, 1980). The most recent geologic maps am beingprepared as GIS coverages by the California Division of Mines and Geology, though these are not yet available electronically (M.P. Kennedy, oral commun., 2002). Mapping of offshore bathymetry is being done by the USGS (BD. Edwards, oral commun., 2002) and by the Scripps Institute of Oceanography (S.R Miller, written commun., 2002). Once these offshore data are processed, they will be available electroni U.S_ Geological Survey 4 Prepared 02-12-03 U4/1U/ZUU3 Ub:Ub 1At U19.4LZ (4b9 SIME11iAIER AL11iUi<141 4I. V V 4 Develop an integrated hydrogeologic framework for the area encompassing the San Diego Formation and the overlying alluvial deposits. Additional objectives are to integrate data and findings from this study with concurrent investiga- tions by the Ti. S. Geological Survey (USGS) Water Resources Discipline (WRD) forSweet- water Reservoir and by the USGS Biologic Resources Discipline (BRD) in the Sweetwater River basin (fig. 4). Relevance and Benefits The Sweetwater Authority, a local water retailer, will benefit from phase I of the project which they have cooperatively funded. Phase I will provide an improved understanding of the source of water to their production wells and the interaction of their production wells with near-surface water ground water in the riparian, alluvial channel of the Sweetwater River (fig. 4). Other pur- veyors in the San Diego area will benefit from phases I, II, and III, which will provide new hydro - geologic data, and from phase IV, which will provide an integrated understanding of the primary aquifer in the region. Benefits to the nation include quantifying the resources of an important coastal city, and developing the background information necessary to manage a complex coastal biologic -hydrologic environment. This study will address five issues in the Strategic Directions for the Water Resources Division, 1998-2008_ Specifically, the study will provide information about Issue 1 (Effects of rbani7atincreaseson and suburbanization on water resources), Issue 2 (Effects of land use and population water resources in the coastal zone), Issue 3 (Drinking water availability and quality), Issue 8 (Surface -water and ground -water interactions as related to water -resource management), and issue 9 (Hydrologic -system management, including optimization of ground -water and surface - water use). Study Area The San Diego area of southern California lacks adequate local water supplies and each year as much as 90 percent of the demand is met by imported water from northern California or the Colo- rado River. Local precipitation in San Diego and the surrounding mountains is modest and what precipitation does fall, mostly as rain, nearly all during the winter months, quickly runs off to the Pacific Ocean. Several small reservoirs in the area (fig. 1) capture some local runoff, but they are used primarily to store imported water delivered in one of several large pipelines. Local ground- water resources are minimal and are found in small river channel deposits or in relatively low - yielding sedimentary rocks overlying nearly impermeable granitic and metavolcanic bedrock (fig. 2; Ellis and Lee, 1919). During multi -year droughts, both local and regional water supplies are reduced, and the San Diego area in particular is at risk of not being able to meet water demand, even that reduced by conservation efforts. Water rights for many of those providing imported water to the San Diego area are junior to others in California and the western United States. As a result, residents and businesses in the San Diego region risk being adversely affected both aesthetically and economi- cally by an extended drought. U.S. Geological Survey 3 Prepared 02-12-03 04/15/2003 08:59 FAX 619 925 7469 SWEET5A'1'ER AUTHORITY cally as GIS coverages and may aid in extending terrestrial geologic maps and stratigraphy onto the coastal shelf and into submarine canyons. Monitoring of surface water in the San Diego area is done by a variety of agencies including the USGS (fig. 5). Gaging stations are located on the major streams and reservoirs, and some water - quality data are available, including that collected as part of ongoing USGS studies of Sweetwater Reservoir (fig. 4; Majewski and others, 2002). Monitoring of ground water in the San Diego area has been done sporadically by the USGS and others (fig. 5; California Department of Water Resources, 1967). Data on more than 300 wells is available in the USGS electronic database, and information on another nearly 500 wells is avail- able on paper copy. Several deep borings in the area, made by oil companies, provide geologic information to depths of more than 5,000 feet (San Diego County Water Authority, written com- mun., 1998). Approach This study is designed as a sequence of phased investigations in order to most effectively gather detailed information about the largely unrerched and areally extensive San Diego Formation. Each phase focuses on gaining an understanding of part of the overall study area (fig. 3), and can be funded separately by different cooperating agencies that may have more focused questions or needs. As the study progresses, results from each phase will be integrated to create a comprehen- sive understanding of the San Diego Formation and overlying alluvial deposits. Phase I focuses on the Sweetvi'ater River drainage basin and is funded by the Sweetwater Authority. Ph es II and III focus on the Otay and San Diegp River drainage basins, respectively, and are presently unfunded. Phase IV integrates the resultsft`tam phases I, II, and III as well as from three other ongoing USGS studies in the area (fig. 4). Phase ]l Phase I focuses on the Sweetwater River drainage basin (fig. 3). Small coastal drainage basins north of the Sweetwater River drainage basin are included in phase I. Phase IA, which has been initiated, involves limited water -quality data collection mostly from existing production wells in the city of Chula Vista (figs. 1 and 4). Phase LB involves expanded water quality sampling includ- ing from two National City wells, development of a Geographical Information System, and pre- sentation of data on a website. Phase IC involves literature review, analysis of satellite InS AR data, aquifer tests, installation of a multiple -depth monitoring well, and preparation of a report_ Scientific integration with three other ongoing USGS studies in the Sweetwater River drainage basin will add to the existing knowledge of surface -water quality and discharge (fig. 4). The first study, conducted by the USGS WRD, involves monitoring precipitation and surface water at Loveland anti Sweetwater Reservoirs with Phi oval of identifying the effects of airborne contami- nation on a municipal surface -water supply (Majewski, 2001). The second study, also conducted by the USGS WRD, involves identifying 'ways to seduce the formation of disinfection by-products in water from Sweetwater Reservoir (Frain and others, 2001). The third study, conducted by the USGS BRD, involves monitoring biologic resources along the Sweetwater River and the effect of U.S. Geological Survey 5 Prepared 02.12-03 U4/1b/CUUJ UJ:UU FAA 01`J 4CJ l4b3 J�1L'B04A1L'1< AU111UNIII i(Ii UUI releases from the upstream Loveland Reservoir on habitat and breeding of the Arroyo Toad (Bufo Californicus), a federally endangered species. Phase IA7 Initial water -quality sampling and analysis. This phase, which was funded previ- ously by the Sweetwater Authority as a proof -of -concept investigation, focuses on gainingan ini- tial understanding of the water quality in part of the Sweetwater River channel (fig. 4).The primary objective of the Sweetwater Authority is to determine if production wells that penetrate the San Diego Formation are obtaining a significant amount of water from near -surface alluvial deposits. Ground water in the deposits supports riparian vegetation that has shown signs of stress in the vicinity of the wells. As of January 2003, all data have been collected and nearly all laboratory results have been received. Tritium results are expected to be received during spring 200 . Two. riefs gs avesve een made to the cooperator about the data collected and preliminaryfe IA include: Task IA-il Measure depth -dependent flowrate in selected production wells. Depth -dependent ffowrate was measured in three production wells (SDF-2, SDF-3, and SDF-5), wells that also were sampled for depth -dependent water quality in task IA-2. Task ILA-2: Collect depth -dependent samples of ground -water quality. Three wells were sampled:for depth -dependent water -quality (SDF-2, SDF-3, and SDF-5). Six samples per well were collected and analyzed for major and minor ions, selected trace elements, nutrients, dissolved oxygen, and stable isotopes of oxygen and hydrogen. Selected samples will be analyzed for carbon-14 and noble gases dependingAn other lab results. Task 14-3: Awl autd depth distribution of ground -water quality. A single composite water sample was obtained from seven wells and was analyzed for major and minor ions, selected trace elements, nutrients, dissolvedoxygen, noble gases, tritium, carbon-14, and stable isotopes of oxygenand hydrogen. Ground -water samples were obtained from two wells known to be perforated in the alluvial aquifer (A -I and A-4) and from two wells known to be perforated in the San Diego Formation (SDSW-2 and SDSW-4)- Composite samples also were obtained from the wells used for depth -dependent sampling (SDF-2, SDF- 3, and SDF-5). A surface -water sample will be taken from the Sweetwater River. Task IIA-4t Data analysis. Data will be analyzed to define the water quality of the individual production zones of the San Diego Formation, the water quality of the overlying alluvial deposits, and the probable hydraulic interaction between the two. Phase l it; e -Expanded watermtluality sampling and analysis. In phase 113, the areal extent of sam- pling done in phase IA will be expanded to include wells in National City and additi b al elltos in Chula Vista that were not sampled previously. The focus of the areal sampling wilboth shallow and deep samples in order to extend three-dimensional water -quality characteristics throughout the coastal part of the Sweetwater River drainage basin. Although the eastern part of the drainage basin is expansive and an important source of runoff and eventual likely recharge to U.S. Geological Survey 6 Prepared 02-12-03 04/16/29U3 09:01 FAX 619 425 7469 SWWEE14ATER AUTHORITY 10009 that summarizes the findings in phases IA, IB, and IC. The audience for the report will be both the local water purveyors and the national audience interested in investigating coastal hydrogeology with emerging techniques. o Task IC--1: Compile geohydrologic reports and data. This background infor- mation includes geologic maps and sections, geophysical data, offshore bathym- etry, water and oil well construction and lithologic data, ground -water -quality data, and surface -water discharge and quality data. These data are needed to fully interpret results from phases IA and LB. A comprehensive literature review will be done to augment information that was collected as part of phases IA and 1B. Electronically available USGS surface -water, ground -water, and water -qual- ity data will be reviewed and integrated into the GIS. Surficial geologic maps of the area will be obtained, digitized, and incorporated in the GIS. Task IC-2: Analyze InSAR data. This type of remotely sensed data obtained from satellites can be used to help determine aquifer structure, presence of faults and other hydrologic barriers, areas of recharge and discharge, and how the aqui- fer responds to different pumping amounts and temporal distribution. This infor- mation will be combined with surficial geologic mapping to help define the three-dimensional geologic:framework. Task IC-3: Conduct aquifer tests. Define the hydraulic response of the San Diego Formation and its interaction with the alluvial system and water near the land surface. The Sweetwater Authority has planned packer tests, which isolate selected perforated depths in production wells, as part of their investigac. _: of the effect of production wells on riparian vegetation. This opportunity likely will permit calculation of.hydraulic properties for selected strata. The tests also may identify boundary conditions that can aid in inferring the presence of faults and stratigraphic interfaces. Task IC-4: Install a multiple -depth monitoring well. In addition to standard lithologic and geophysical logging, core samples will be taken from selected depths and analyzed for physical and chemical characteristics. The well will be construeted to provide long-term monitoring of depth -dependent water levels and water quality. Additional wells will be drilled if additional funding becomes available. Task IC-5: Prepare report A USGS report or journal article will be prepared as a preliminary assessment of the San Diego Formation, emphasizing the geo- logic and hydrologic interrelations in the Sweetwater River drainage basin. Phase II Phase II extends the findings of phase I into the adjacent Otay River drainage basin, which is on the south side of the Sweetwater River drainage basin (fig. 3). The approach is similar to phase I, focusing primarily on integrating geologic data with ground -water -quality constituents that iden- tify the age, source, and three-dimensional movement of ground water. Task Ii-i: Measure depth -dependent flow rate and collect depth -dependent water -quality samples from selected production or monitoring wells. Fol- U.S. Geologtca➢ Survey 3 Prepared 02-12-03 U4/iU/.UU3 U`J: UU PAX bly 4Z3 I46`U bNLL`1LAAIB1< ALI111UK11T WJUUb the San Diego Formation and overlying alluvial deposits, this area is composed primarily of nearly impermeable crystalline rock. Therefore, most water -quality samples will be collected near the coast from wells in the thick sequence of permeable deposits (fig. 2). Electronic mapping and reporting capability will be developed to display the data and to better communicate the results to the cooperator and public. Depth -dependent flow and water -quality data will facilitate understanding the three-dimensional ground -water flow system, and in particu- lar the interaction between the San Diego Formation and the overlying alluvial deposits in the Sweetwater River drainage basin. Task lB-I: Develop a geographic information system (GIS) to interpret and present data and results. This mapping tool will be critically important e- grating complex, multi -layer data, in selecting wells -to sample as part of phase II, and in facilitating hydrogeologic interpretations of the water -quality data. As well as the USGS, the locally supported SANGIS database has many of. the GIS coverages needed for the area including hydrology and land use. San Diego State University has compiled coverages of planemetric and land use data, in particu- lar for areas on either side of the United States - Mexican border. The California Division of Mines has produced several surficial geologic maps that will be digi- tized (M.P. Kennedy, oral commun., 2002). Offshore bathymetry data is available digitally from the USGS Geologic Discipline (S.D. Edwards, oral com_mun., 2002). Task. Il3-2: Develop a website to display data collected in phases IA and IR. The GIS will be used to present geologic, hydrologic, and water -quality data col- lected in phases IA and 131. The ability of a website to be incrementally updated makes it flexible-andli hly responsive to cooperator needs. Task it-3: Measure depth -dependent flow rate and collect depth-depende:l.t water -quality samples from selected production or monitoring wells. Fol- lowing measurement of the depth -dependent flowrate of the well, samples will be collected from specific depths and will be analyzed for the same constituents as in task IA-2 (major and minor ions, selected trace elements, tritium, and sta- ble isotopes of oxygen and hydrogen). Candidate wells include: SD,SDF-4, two National City wells, A-4 because of anomalous dissolved oxygen detected in phase IA, possibly A-1, A-2, and A-3, and two SDSW wells]_ Task IB-4i Collect areal samples of ground -water quality. A single compos- ite water sample will be obtained from selected wells and will be analyzed for major and minor ions, selected trace elements, nutrients, dissolved oxygen, noble gases, tritium, carbon-14, and stable isotopes of oxygen and hydrogen. Wells to be sampled will be selected based on their broad areal distribution to build upon data collected in phase IA. Phase IC: Ilydrogeologic interpretation. Phase IC initiates the background research necessary to fully interpret data collected in phases IA and 1B, as well as data that will be collected in phases II and III. The long turnaround time required to receive water -quality results back from the lab as well as the desire to meet immediate cooperator needs requires the atypical order of initiating water -quality sampling prior to completing the background research. A report will be prepared U.S. Geological Survey 7 Prepared 02-12-03 04/16/2003 09:01 FAA 619 425 7469 (JUiU sR'I:L"1'1VATER AUTHORITY lowing measurement of the depth -dependent fiowrate of the well, samples will be collected from specific depths and will be analyzed for majoran� Bogen nor ions, selected trace elements, tritium, and stable isotopes of oxygenr Task II-2: Collect areal samples of ground -water quality. A single composite water sample will be obtained from selected wells and will be analyzed for major and minor ions, selected trace elements, nutrients, dissolved oxygen, noble gases, tritium, carbon-14, and stable isotopes of oxygen and hydrogen. Wells to be sampled will be selected based on their broad areal distribution cov- ering the areal distribution of the San Diego Formation in the Otay River drain- age basin. Candidate wells include a multiple -depth piezometer that was previously sampled by the USGS (J.A. Izbickt, written commun 1996). Task 1l 3c Install multiple -depth monitoring wells. In addition'to standard lithologic and geophysical logging, core samples will be taken from selected depths and analyzed for physical and chemical characteristics. The wells will be constructed to provide long-term monitoring of depth -dependent water levels and water quality. Ideally a total of 2-4 wells will be drilled through the San Diego Formation in the Otay River drainage basin. • Task II-4: Data analysis land interpretation. Data collected as part of phase II will be analyzed together with data from phase I in order to critique and expand the findings from phase I. The interpretation will include the regional geologic mapping, lithologiie data from wells, surface and borehole geophysical data, InSAR data, GIS coverages, and historical surface -water and ground -water qual- ity data. Task II-5: Prepare rdpart_ Information from this phase will be reported on a USGS website, in a USCG report, or in a journal article. Fi,;ase III Phase III extends the findings of phases I and II into the adjacent San Diego River drainage basin, on the north side of the Sweetwater River drainage basin (fig. 3). Small coastal drainage basins north of the San Diego River drainage basin will be included as needed in phase M. The approach is identical to phase II, except more monitoring wells are needed for this larger area. Task III-1: Measure depth -dependent flow rate and collect depth -depen- dent water -quality samples from selected production or monitoring wells. Following measurement of the depth -dependent fiowrate of the well, samples will be collected from specific depths and will be analyzed for major and minor ions, selected trace elements, tritium, and stable isotopes of oxygen and hydro- gen. Task III-1 Collect areal samples of ground -water quality. A single compos- ite water sample will be obtained from selected wells and will be analyzed for major and minor ions, selected trace elements, nutrients, dissolved oxygen, noble gases, tritium, carbon-14, and stable isotopes of oxygen and hydrogen. Wells to be sampled will be selected based on their broad areal distribution cov- U S. Geological Survey 9 Prepared 02-12-03 U4/ 1b/LUUs UU:UL i:11 lily 4n J1169 SWt:ETWATER AUTHORITY toil ering the areal distribution of the San Diego Formation in the San Diego drain- age basin. Task III-3t Install multiple -depth monitoring wells. In addition to standard lithologic and geophysical logging, core samples will be taken from selected depths and analyzed for physical and chemical characteristics. The wells will be constructed to provide long-term monitoring of depth -dependent water levels and water quality. Ideally a total of 4-6 wells will be drilled through the San Diego Formation in the San Diego River drainage basin. Task 11f1-4a Data analysis and interpretation. Data collected as part of phase III will be analyzed together with data from phases I and II in order to critique and expand prior findings. The interpretation will include regional geologic mapping, lithologic data from wells, surface and borehole geophysical data, InSAR data, CGS coverages, and historical surface -water and ground -water qual- ity data. © Task 111-5: Prepare report. Information from this phase will be reported on a USGS website, in a USGS report, or in a journal article. Phase IV Phase IV focuses on integrating data and interpretations from phases I, lI, and III each of which was focused on a specific drainage basin. Phase IV also adds a more quantitative interpretation of the ground -water system by deve13ping an integrated water budget and a regionalground er flow model. Evaluation of alternative water -management pt ins is done f San flow model linked to a constrained optimization model. HydrogeOg Sand Die- guito River drainage basin; which. is north of outcrops of the San Diego Formation (figs. 3), will be included as necessary. Task IV-!: Develop a water budget. A comprehensive surface -Water and ground -water budget will facilitate understanding of these systems as well as provide the necessary data for development of simulation and optimization mod- els. , Task 1TV®2: Develop a regional ground -water it•ow models This interpretative tool will facilitate a better understanding of how the surface -water and ground- water systems inter -relate and will provide a basis for quantitative analysis of regional water operations. o Task 1V-3: !1! evelop a sirrattlation-optimization model, A constrained optimi- zation model will be linked to the regional ground -water flow model in order to quantitatively analyze water -management plans. Task IV-4o Evaluate optimal water management. Alternative water -manage- ment plans will be evaluated and compared with results from the simulation - optimization model. Specific topics to be analyzed can include aquifer recharge and recovery, effects of ground -water extraction, areas of'potential new extrac- tion, and enhanced interaction between rivers and near -surface ground water. Task IV-S: Prepare final report. A USGS Professional Paper will be prepared documenting and summarizing the geologic and hydrologic understanding of the U.S. Geological Survey 10 Prepared 02-12-03 04/16/2003 09:03 FAX 619 425 7469 Sw'EEr APER AUTHORITY 4 012 San Diego area. The content will be regional in nature and focus on the findings from phase IV withcitations of prior publications from phases I, II, and III. Reports. For phas 1, two report products will be prepared. First, a website will be developed to communi- cate the data and project information to the general public_ Second, a Water -Resources Investiga- tion Report or journal article will be published to communicate the interpretative findings about the San Diego Formation to the cooperator, local water purveyors, and government agencies. This report will be in draft form by February 2004, approved by June 2004, and published by Septem- ber 2004.: Technical results also will be communicated to the professional community via confer- ences. 1 For. phases II and III, specific report products will be determined when cooperators and funding are identified, but will likely parallel those prepared for phase I. For phase IV, a professional paper will be the primary report product. Budget. Budget requirements for this project are listed below and in table I for phase I of the project, which has been funded by the Sweetwater Authority. Phase IA of this study was funded at $82,000 with the USGS contributing $20,000. Total cost for phases TB and IC is $421,000, with the total USGS contribution 'proposed to be $104,000, or about 25%. Proposed timeline, to com- plete phases lB and IC is 2 years, fiscal years 2003-2004, as shown in the attache workplan. Work can begin as soon as USGS funding and approval to proceed is made. Prepared 02-12-03 EXHIBIT "B" "LOCATION MAP" 'ROPOSED EL TOYON PARK MONITORING WELL 04/28/2003 14:27 9169656847 ACWA:JPIA PAGE 02/03 CERTIFICATE OF LIABILITY COVERAGE` for the ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY 'YThis Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded below_ THIS CERTIFICATE IS ISSUED TO: City of National City Engineering Department 1243 National City Blvd_ National City, CA 91950 This is to certify that Sweetwater Authority is a participating member of the Association of California Water Agencies Joint Powers Insurance Authority and has the following coverage: TYPE OF COVERAGE GENERAL LIABILITY This includes: 1. Commercial General Liability 2. Contractual Liability 3. Products/Completed Operations 4. Errors and Omission AUTOMOBILE LIABILITY This includes coverage for: 1. Owned Automobiles 2. Non -owned Automobiles 3. Hired Automobiles COVERAGE PERIOD LIMITS 10/01/02 - 10/01/03 $1,000,000 per occurrence $1,000,000 aggregate 10/01/02 - 10/01/03 $1,000,000 per occurrence OTHER The Certificate Holder, its officers, agents and employees have been added as Additional Covered Parties to the Liability Program, but solely with respect to those causes of action arising directly out of the activities covered by the Agreement to install deep groundwater monitoring wells into the shallow aquifer at El Toyon Park, A.P,N. 554-050-15. Signed by: The ACWA/Joint Powers Insurance Authority will endeavor to give a minimum of 30 days written notice of cancellation or material change in coverage_ orized Represe Date: April 28, 2003 MOLL 'tao1 N. 04/28/2003 14:27 9169656847 ACWA:JPIA PAGE 03/03 ADDENDUM to the Memorandum of Liability Coverage for the ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY MEMBER AGENCY: Sweetwater Authority COVERAGE PERIOD: 10/01/02 - 10/01/03 EFFECTIVE DATE: 04/28/03 ADDENDUM NUMBER: 04 Change in WHO IS COVERED The following entities are hereby added as Additional Covered Parties: City of National City, its officers, agents and employees, but solely with respect to those causes of action arising directly out of the activities covered by the Agreement to install deep groundwater monitoring wells into the shallow aquifer at El Toyon Park, A_P.N. 554-050-15, and subject to a $1,000,000 per occurrence and annual aggregate limit of liability_ Signed by: orized Represe Date: Aoril 28, 2003 MOLC-100102 MEETING DATE May 6, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 5 EXPLANATION Mrs. Patricia Pallo, owner of 705 Harbison Avenue, has requested the installation of two red curb no parking zones adjacent to the driveway serving her property. According to Mrs. Pallo, parked vehicles are encroaching into her driveway thereby not allowing ingress and egress to her driveway. ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 705 HARBISON AVENUE (PALLO TSC ITEM NO. 2003-17) PREPARED BY Adam J. Landa DEPARTMENT Engineering 336-4380 The Traffic Safety Committee approved (2) 3 feet of red curb "No Parking" zone adjacent to her driveway at their meeting on April 9, 2003. Environmental Review X N/A Financial Statement STAFF RECOMMENDAT N/A Adopt the Resolution. BOARD I COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of April 9, 2003, approved the (2) 3 feet red "No Parking" zones adjacent to her driveway at 705 Harbison Avenue. rATTAC EN TS ( Listed Below ) Resolution No, 2003-55 1. Resolution 2. Staff Report to the Traffic Safety Committee Approved BYi Finance Director Account No. A-200 (9;99) 2003-17 RESOLUTION NO. 2003 — 55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 705 HARBISON AVENUE (PALLO, TSC ITEM NO. 2003-17) WHEREAS, Mrs. Pallo, the owner of 705 Harbison Avenue, has requested the installation of a red no parking zone adjacent to the driveway serving her property due to parked vehicles encroaching into his driveway and thereby not allowing ingress and egress from her property; and WHEREAS, at its meeting on April 9, 2003, the Traffic Safety Committee approved installation of two three-foot red no parking zones adjacent to the driveway at 705 Harbison Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two three-foot red no parking zones adjacent to the driveway at 705 Harbison Avenv.e. PASSED and ADOPTED this 6th day of May, 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: a... George H. Eiser, Ill City Attorney Nick Inzunza, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 9, 2003 ITEM NO. 2003-17 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 705 HARBISON AVENUE (BY: P. PALLOI PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Patricia Pallo, the owner of 705 Harbison Avenue, has requested the installation of a red curb "No Parking" zone adjacent to her drivew?. According to Mrs. Pallo, parked vehicles from her neighborhood are encroaching into her driveway thereby not allowing ingress and egress to her parking lot. She is also requesting 38 to 48 feet of red curb be installed across the street for her neighbor to have space to back up. STAFF ECOMMEN,ATI, N: Staff recommends the installation of two (2) 3 feet red curb "No Parking" zone adjacent to her driveway at 705 Harbison Avenue. It is not recommended that red curb be installed across the street. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2003-17 IJ C If:4 j r I QQ ' .4 / r /J 1 f/ 5 ( 6 %/tom iY l� 4, i �, ' �Ir�,C�J L �% /1i7G� 2/ f e-oZ2 i%ti /lac CE ()."t.Ci f-66 /1Gt G CC.: (61 6( i/ C: 1 (76( Er�e�P,i� °iP�b KEPT. ap-" roc D :z DO— 8 i- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2003 (-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 133 W. 8TH STREET (ARCO AND JACK-IN-THE-BOX, TSC ITEM. NO. 2003-18) PREPARED Adam J. Landa DEPARTMENT Engineering EXPLANATION 336-4380 Arco and Jack -In -The -Jack, located at 133 W. 8th Street, has requested the installation of two red curb no parking zones adjacent to the driveway serving their property. According to them, parked vehicles are obstructing the view of oncoming traffic when leaving the site. The Traffic Safety Committee approved 3 feet of red curb on the south side and ten feet on the north side of their driveway at the meeting on April 9, 2003. AGENDA ITEM NO. 6 Environmental Review X _ N/A Financial Statement STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of April 9, 2003, approved the 3 foot red "No Parkin•" zones on the south side and ten feet on the north side of their driveway. Approved By: Finance Director Account No. (-ATTACHMENTS Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2003-56 A-200 (9.99) 2002-18 RESOLUTION NO. 2003 56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 133 WEST 8TH STREET (ARCO AND JACK-IN-THE-BOX, TSC ITEM NO. 2003-18) WHEREAS, Arco and Jack -in -the -Box requested the installation of two red no parking zones adjacent to the driveway serving their property at 133 West 8' Street due to parked vehicles obstructing the view of oncoming traffic when leaving the site; and WHEREAS, at its meeting on April 9, 2003, the Traffic Safety Committee approved installation of a three-foot red no parking zone on the south side and ten feet on the north side of the driveway at 133 West 8th 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 three-foot red no parking zone on the south side and ten feet on the north side of .e driveway at 133 West 8' Street. PASSED and ADOPTED this 6' day of May, 2003. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 9, 2003 ITEM NO. 2003-18 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 8th STREET AND ROOSEVELT AVENUE PREPARED BY: Adam J. Landa, Public Works Department i ISCUSSION: Staff has received a complaint of trucks parking in front of Arco nd Jack -In -The - Box, located at 8th Street and Roosevelt Avenue. The complainant stated that there is a problem with sight distance because of trucks parking on Roosevelt Avenue and obstructing the view for vehicles that are leaving the businesses onto Roosevelt Avenue. Staff investigated the site. The parking practice does create a sight distance problem. The posted speed limit is 35 m.p.h. According to the posted speed and reaction time (see attached chart), the required length of red curb should be ten feet on the north side of their driveway on Roosevelt Avenue. A standard three foot red curb driveway will be adequate for the south side. STAFF RECt'MEi!DAT9ON_ Staff recommends the installation ° ten Avenue and three feet on thParking" e south side. north side of the driveway on Roosevelt (see location map). EXHIBITS: 1. Location Map 2. Chart 2003-18 9 4- SIR STRE' SPEB.D ifilie Per Hoge 25 36.7 3.06 56.1 4.06 92.8 ----- _ -- _- _-- 3.67 80.7 1247 44.0 30 _ - -- 160.9 - _ 4.28 109.6 528 35 51.3 - - - ----- 202.3 4.89 143.6 5.89 40 58.7 -- 45 6.66.0 5.50 ... -. _ 181.5 6.50 247.5 6.10 223.9 7.10 297.2 50 733 - 7.72 352.1 55 80.7 6.72 271.4 Deceleration Rate d = -12.0 feet per seconds Reaction Time r = 1.00 second. eceieration Distance = 1/2 dt2 or 1// Vt or d Deceleration Time = Detector Setback = Deceleration Distance + Reaction Distance 2d iy = Speed tteet per second) d = Deceleration ;;",ate (feet per seconds) = Deceleration Time (seconds) SPEED DEC. TIME TOTAL Tf l iE Second 60 Feed per Ses. Second 8B.0 7.33 322.7 8.33 410.7 169 200 250 300 350 410 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May_Fa, 2003 AGENDA ITEM NO.. 7 (ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING AND RECORDATION OF AN ENCROACHMENT AGREEMENT WITH CONOCOPHILLIPS FOR OF TWO GROUNDWATER MONITORING WELLS AT 1539 EAST 8TH STREET ALONG WEST OF PALM AVENUE PREPARED BY EXPLANATION ConocoPhillips, the owner of the property located at 1540 E. 8T" Street, is seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way on E. 8TH Street West of Palm Avenue in order to monitor the potential presence of total petroleum recoverable hydrocarbons [(TPHg), Benzene, Toluene, Ethyl benzene, and Xylenes (BTEX) and Methyl-Tert- Butyl Ether (MTBE) impacted soil and groundwater]. The installation and well monitoring shall be performed by SECOR International Inc. as required by the County of San Diego Department of Environmental Health, Site Assessment and Mitigation Division. The proposed monitoring wells will be constructed of a 2" diameter PVC casing with an 8" sand and bentonite grouted boring with a total well depth of 55 feet, completed with a flush mounted 8" - 12" diameter, traffic rated, steel well cover. A Faithful Performance Bond in the amount of $2000.00 has been posted with the City Of National City, as a security for prompt completion of well drilling, installation, removal, qbandonment and all appurtenant operations, including subsequent traffic loop repairs, street resurfa�,.ig, restriping and any required well head adjustment. DEPART ENT AUTHORIZING THE THE INSTALLATION EAST 8TH STREET Public Works/Engineering Charles Nissley 336-4580 Environmental Review X N/A Financial Statement N/A STAFF REQOMMENDATION Adopt the Hesoutton BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below i 1. Encroachment Agreement Approved BY: Finance Director Account No, Resolution No. 2003-57 A-2C0 (9;99) RESOLUTION 2003 - 57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH CONOCOPHILLIPS FOR INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT1539 EAST 8T" STREET ALONG EAST 8TH STREET WEST OF PALM AVENUE WHEREAS, ConocoPhillips, the owner of the property located at 1540 East 8th Street, is seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way at 1539 East 8th Street, west of Palm Avenue in order to monitor the potential presence of total petroleum recoverable hydrocarbons; and WHEREAS, the applicant has executed an Encroachment Agreement with the City of National City promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitic. "Encroachment Agreement" executed by ConocoPhillips and directs the City Clerk to record the same. PASSED and ADOPTED this 6th day of May, 2003. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney FEE: $200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure shown in Exhibit "C" within a CITY easement or right-of-way as shown in Exhibit "B" for the use and benefit of OWNER'S property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER's land above described and the covenants herein contained shall run with said land and shall i,„ binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWNER's entry upon and use of CITY's easement or right-of-way. 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorcements affecting coverage required by this clause. 7. OWNER and successor in interest, or assign, shall within 48 hours upon written notification by the City, adjust, or cause to adjust the top of the well on sidewalk. N 8th st. if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 8. OWNER and successor in interest, or assign, shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of OWNER and successor in interest, or assign, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of- way. OWNER shall hold CITY harmless with respect thereto. 9. OWNER, or assign shall notify the CITY in writing of any proposed change in the location of the well on sidewalk N. prior to installation. OWNER shall obtain additional permits for anhcrltc$ffihes from the CITY prior to the commencement of work. 10. OWNER, or assign shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well on sidewalk N. and for subsequent adjustments. 8th Street 11. All operations conducted by the OWNER or assign on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 12. OWNER, or assign shall notify all adjacent residential, and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The OWNER and successor, or assign shall diligently proceed to complete all work with a minimum of inconvenience to the public. 13. OWNER, or assign shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the OWNER, or assign to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the OWNER, or assign, and the CITY shall be held harmless with respect thereto. 14. The OWNER, successor, or assign shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the OWNER's operations. 15. OWNER, or assign agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously, and not be limited to normal working hours; and that the OWNER or assign shall defend, indemnify and hold the CITY harmless from any and all liability, real or alleged, in connection with the performance of work on this project. 16. The OWNER, or assign shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 17. The proposed well shall exist in the public right-of-way for a maximum of two years. The OWNER, future successor, or assign shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's approval for the time extension. 18. OWNER, successor in interest, or assign shall notify the CITY in writting at least 48 hours prior to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 19. OWNER, or assign shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 20. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 21. The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extend of ground water and/or soil contamination, if any. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES SEE EXHIBIT "B" ATTACHED OWNER\APPLICANT Dated: 6 Arturo M. Hoyos Person in Responsible Charge (print name) Houston. TX 77252 619.296.6195(office)/619.347.2832 (cell.) Mailing Address 24 hr. Phone Number William E. Rodgers, Jr. Printed Name Si Signature SECOR International Inc. P.0 Box 2197 (281) 293.4439 Firm Name Phone Number P.S. Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. SA_jha2 encho ALL PURPOSE ACKNOWLEDGEMENT } STATE OF IF@RMA k s } SS. COUNTY OF � b k. v`-rfl . rq /'C 5 On At'te(t--- $, a o �3, before me, personally appeared GD 14-- m personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature DOROTHY D. AKERS Notary Public, State of Texas My Commission Expires December 18, 2006 (This area for official notarial seal) 4,94 R®c.Fmm 9R11 EXHIBIT A (includes information for Exhibits B and C) Date of Fax May 28, 1995 This is a CONFIDENTIAL Facsimile Transmission IF it has been MISDIRECTED, PLEASE ADVISE US and DESTROY OR RETURN IT to: ANDREW A. SMITH COMPANY FAX #(619) 588-8686 145 E. Lexington Avenue El Cajon, CA 92020 (619)579-1164 TO: Arturo @ SECOR Transmitted to Fax #: (619) 296-6199 Number of pages transmitted, including this cover sheet: 5 REQUEST CONFIRMATION OF THIS FAX: NO MESSAGE: Arturo, The following is the legal description for APN: 557-180-09 (Parcel 1) and 557-180-1 ] (Parcel 2). Parcel 1: The Northeast Quarter of the Northeast Quarter of 40 Acre Lot 1 of Quarter Section 132 of RANCHO DE LA NACION, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the office of the County Recorder of San Diego County. Excepting therefrom the Southerly 150 feet thereof. Also excepting therefrom the Westerly 150 feet thereof. Also excepting the Northerly and Easterly 40 feet thereof as conveyed to the City of National City for street purposes. (continued) Parcel 2: The Northerly 50 feet of the Southerly 150 feet of the Northeast Quarter of the Northeast Quarter of 40 Acre Lot 1, Quarter Section 132, RANCHO DE LA NACION, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of San Diego County. Exception therefrom the Westerly 150 feet thereof, also excepting therefrom the Easterly 40 feet thereof; as granted to the City of National City for street purposes. Enclosed is an assessors plat map and TRW ownership information. Hard copies of this information along with a statement will be mailed. If you have any questions, please call. Mark Smith From: Mark A. Smith FAX: 588-8686 NINTH At w 1 41 25 Sae ORGC COUNT ¶ a SSE S:Aal a4? a 9 0 O f . 1.34. a :+ar aria QSEC CD Wr8 At. POR, A0 AC. 3 Ole r R >.0K 132 g LOT I — Si REED .rope., tx a O.aS �G 11 ra�+rneu. a i. 4 9 TH ST k AC MAP 166 — RHO DE LA NACION — POR QSEC 132 RCS 11345 313• "0YI ,Oj cA-' EXHIBIT B LEGEND: S/vv MW-18 q) GROUNDWATER MONITORING WELL VW1 ® VAPOR EXTRACTION WELL r, x FENCE CURB LINE 11 PROPERTY LINE C6a ?KoPOSED Mo:•tioR\KC1 wCLL 51W SIDEWALK R.(w Q\GHT-o-WAY / 8' FROM ,b7 size Cc ( l o FROM PALIn AvE . 0 50 APPROXIMATE SCALE IN FEET 8TH STREET MW-12 RESIDENCE MW-13 MW-16 7-11 STORE SERVICE FORMER SHELL R STATION MW 14 MW-15® /� MW-10 RESIDENCE Q MW-4A VW3 MW-6 VW7 MW-1 e e 5 MW-7,\\ VW4 MW-3 e RW-1 TVW1 MW-5 VW6 MWg8 MWW--2 MW-11 p �' MW-17 MW-18 VAPOR EXTRACTION EQUIPMENT ENCLOSURE MW-9� EXISTING BUILDING SECOR INTERNATIONAL INCORPORATED 2655 CA4MINO DEL RIO N., SURE 302 SAN DIEGO, CA 92108 SITE PLAN CONOCO FACILITY NO. 05680 1540 8TH STREET NATIONAL CITY, CALIFORNIA CAD FILE No.: 05680SP-03 DATE: 1/23/03 PROJECT NO.: 77C0.35680.00 FIGURE: 1 LEGEND: MW- 18 ® GROUNDWATER MONITORING WELL VW1 ED VAPOR EXTRACTION WELL x )( FENCE CURB LINE PROPERTY LINE (475) GROUNDWATER ELEVATION IN FEET ABOVE MEAN SEA LEVEL, (MSL) 4.76 GROUNDWATER CONTOUR INTERVAL, FEET MSL • APPROXIMATE DIRECTION OF GROUNDWATER FLOW DEPTH OF WATER NOT INCLUDED IN PREPARING CONTOUR MAP 0 50 APPROXIMATE SCALE IN FEET X 8TH STREET MW-12 ® (4.87) RESIDENCE MW-13® (4.85) MW-17 (4.44)* M-16 (4.79) x MW-10 (4.85) MW 1 (4.86) MW-11 (4.85) x MW-14 (4.81) MW-4A (4.71)* MW-15 (4.62)* FORMER 7-11 STORE RW-1 VW4 (4.39)* // / (4.71) MW-7 MW-18 EXISTING (4.69) BUILDING (4.75) A. MW-2 (4 59) MW-9 (4.71) RE MW-3 MW-8 (4.68) z 0.a SHELL SERVICE STATION SECOR INTERNATIONAL INCORPORATED 2655 CAMINO DEL RIO N., SUITE 302 SAN DIEGO, CA. 92108 GROUNDWATER ELEVATION CONTOUR MAP, SEPTEMBER 2002 CONOCO FACILITY NO. 05680 1540 8TH STREET NATIONAL CITY, CALIFORNIA CAD FILE No.: 05680GW9-02 PROJECT NO.: 77C0.35680.00 DATE: 10/3/02 FIGURE: 3 K:IAllproJects2002dwgslConoco 20021056601056800WF02Awg Oct 22,2002 EXHIBIT C 1—INCH MIN SLOPE SLOPE AWAY FROM WELL 36" 12 INCH DIA. FLUSH MOUNTED WELL BOX 36" 1.. CONCRETE \ i\ \ GROUND SURFACE LOCKING WELL CAP 8 INCH DIA. BOREHOLE BENTONITE SEAL 2—FOOT MINIMUM NOT TO SCALE 2 INCH DIA. .020—INCH SLOTTED PVC WELL SCREEN NO. 3 SAND BOTTOM CAP SFC0-1Z MWC.DWC MONITORING WELL CONSTRUCTION (TYPICAL) PROJEC1 No FIGURE: 2 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 6, 2003 AGENDA ITEM NO. 8 (ITEM TITLE RENEWAL OF AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTBD) ALLOWING MTBD TO REGULATE PARA TRANSIT VEHICLES (TAXI CABS, ETC.) OPERATING IN THE CITY OF NATIONAL CITY. PREPARED BY LT. RAY ALLEN DEPARTMENT EXT. 4514 POLICE EXPLANATION In July, 1998, the City extended for five (5) years an agreement with the MTBD allowing the MTBD to regulate para transit vehicles operating in the City. The agreement expires June 30, 2003. With renewal of this agreement, for an additional five (5) years, the MTBD continues the responsibility at no cost to the City. Advantages of contracting with the MTBD for this service include: 1) Reduce potential City Liability; 2) Scheduled inspections of vehicles by trained mechanics; 3) Proactive enforcement of rules and regulations pertaining to rates, operation of vehicles, licensing, proper eqquipment , etc., by trained MTBD employees; 4) A system to handle passenger complaints; and 5) A set of administravie appeals procedure. The cities of El Cajon, Imperial Beach, Lemon Grove, Poway, San Diego and Santee also have agreements with the MTBD for the same services. Environmental Review Financial Statement No Financial Impact X N!A STAFF RECOMMENDATION Account No. Authorize the City Manager to approve contract for five (5) hears through June 30, 2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS d Below ) Resolution No. 2003-58 1) A San Diego Metropolitan Transit Developemnt Board "Third Admendment to Agreement for Administration of Taxicab and other For Hire Vehicles Regulations." RESOLUTION 2003 — 58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS WHEREAS, the San Diego Metropolitan Development Board ("MTDB") is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code ("PUC") to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City of National City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through June 30, 2008. NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to Agreement for Administration of Taxicab and Other For -Hire Vehicle Regulations with the San Diego Metropolitan Transit Development Board. Said Third Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6t' day of May, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. iser, Ill, City Attorney tropolltanTransitDeve►opment Board 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466 FAX (619) 234-3407 April 22, 2003 Mr. Tom McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. McCabe: ADM 121, TAXI 590.8 (PC 30110) Subject: RENEWAL OF AGREEMENT WITH MTDB TO REGULATE TAXICABS AND OTHER FOR - HIRE VEHICLES WITHIN THE CITY OF NATIONAL CITY We propose.to continue MTDB's services related to regulation of National City's taxicab, charter, jitney, nonemergency medical, and sightseeing vehicles. Accordingly, we have enclosed our proposed Third Amendment that would extend the current agreement for five years, from -,iy 1, 2003, through June 30, 2008. For your reference, a copy of our current agreement is enclosed. On July 1, 1991, the City of National City and MTDB first entered into an agreement authorizing MTDB to regulate taxicabs and other for -hire vehicles within the City of National City. The current agreement will expire on June 30, 2003. I have designated Regulatory Specialist Irma Carrillo -Morales as our contact person. Please telephone her at 619.595.7039 if you have any questions or need assistance concerning extending this agreement. Upon city approval and execution of the amendment, please return the copy stamped "original" to Jeanne Yamamoto at MTDB. Sincerely, • Thomas F. Larwin General Manager SChamp/CITY RENEWALS/MGL-RENEWAL.TFL.DOC Enclosures: Proposed Third Amendment to Agreement Current Amendment to Agreement - cc: Irma Carrillo -Morales Lt. Roy Allen, National City Police Department Member Agencies: City of Chula Vista, City of Coronado, City of El Cajon, City of Imperial Beach, City of La Mesa, City of Lemon Grove, City of National City, City of Poway, City of San Diego, City of Santee, County of San Diego, State of California Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit System and the l41Taxicab Administration Subsidiary Corporations: [Q )San Diego Transit Corporation, ® San Diego Trolley, Inc., and ®San Diego & Arizona Eastern Railway Company For personal trip planning or route information, call 1-800-COMMUTE or visit our web site at sdcommute.com! MTDB Doc. No. T0095.3-92 TAXI 590.8 (PC 30110) THIRD AMENDMENT TO AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS THIS AGREEMENT is entered into by and between the City of National City, a municipal corporation (herein called "City"), and the San Diego Metropolitan Transit Development Board, a public agency (herein called "MTDB"), for a period from July 1, 2003, through June 30, 2008. WHEREAS, MTDB is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code (PUC) to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and on May 23, 1995, extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003; and WHEREAS, City, and MTDB desire to now enter into an agreement to extend the period through June 30, 2008; NOW THEREFORE, in consideration of the above, City and MTDB agree as follows: 1. MTDB will adopt, administer, and enforce its taxicab and other for -hire vehicles ordinance, policies, and regulations as in effect on July 1, 2003, and as thereafter from time to time amended by MTDB, and thereby regulate such vehicles and transportation services rendered wholly within City's corporate limits during the period ending June 30, 2008, pursuant to PUQ Section 120266. 2. MTDB will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by MTDB taxicab and other for -hire vehicles Ordinance No. 11 policies, and regulations. 3. The City Manager and MTDB General Manager may supplement this agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of taxicab and other for -hire vehicles regulation and to provide for reimbursable staff and legal support services. IN WITNESS THEREOF, this third amendment to the agreement is executed by City acting by and through its City Manager pursuant to Council Resolution No. and by MTDB acting through its General Manager. Dated this day of 2003. THE CITY OF NATIONAL CITY SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD Tom McCabe City Manager Thomas F. Larwin General Manager WE HEREBY APPROVE the form and legality of the foregoing Agreement. City Attorney Date: PSmith/SChamp/CITYRENEWAL TAXIAMENDMENT.NATIONALCITY 4/17/03 At Office o eiti1tif- eral Cou 3 Date: -2- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 3, 1998 AGENDA ITEM NO 1 ITEM TITLE RENEWAL OF AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) ALLOWING THE MTDB TO REGULATE PARA TRANSIT VEHICLES (TAXI CABS, ETC.) OPERATING IN THE CITY OF NATIONAL CITY PREPARED BY Craig Short DEPARTMENT Police Department a� Police Captain Skip DiCerchio, Police Chief EXPLANATION. In May, 1995, the City extended for three (3) years an agreement with the MTDB allowing the MTDB to regulate para transit vehicles operating in the city. The agreement expires June 30, 1998. With renewal of this agreement, for an additional five (5) years, the MTDB continues the responsibility at no cost to the City. Advantages of contracting with the MTDB for this service include: 1) Reduce potential City liability; 2) Scheduled inspection of vehicles by trained mechanics; 3) Proactive enforcement of rules and regulations pertaining to rates, operation of vehicles, licensing, proper equipment, etc., by trained MTDB employees; 4) A system to handle passenger complaints; and 5) A set administrative appeals procedure. The cities of El Cajon, Imperial Beach, Lemon Grove, Poway, San Diego and Santee also have agreements with the MTDB for the same services. Note that the last sentence in paragraph #2 of the MTDB's "second amendment" was added since receipt of original draft in December 1997. See attached. Environmental Review x N/A Financial Statement No financial impact. Account No STAFF RECOMMENDATION Authorize City Manager to approve contract for five (5) years through June 30, 2003. BOARD/COMMISSION RECOMMENDATION N/A 98-11 ATTACHMENTS (Listed Below) Resolution No 1. San Diego Metropolitan Transit Development Board "Second Amendment to Agreement for Administration of Taxicab and other For -hire Vehicle Regulations." A-200 (Re• •...• MTDB Doc. No. T0095.2-92 TAXI 590.8 SECOND AMENDMENT TO AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS THIS AGREEMENT is entered into by and between the City of National City, a municipal corporation (herein called "City"), and the San Diego Metropolitan Transit Development Board, a public agency (herein called "MTDB"), for a period from July 1, 1998 through June 30, 2003. WHEREAS, MTDB is authorized under section 120266, chapter 2, division 11 of the California Public Utilities Code (PUC) to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehic'es for the period from July 1, 1991 through June 30, 1995, and on May 23, 1995, extended the agreement for the period from July 1, 1995 through June 30, 1998; and WHEREAS, the City and MTDB desire to now enter into an agreement to extend the period through June 30, 2003; NOW THEREFORE, in consideration of the above, the City and MTDB agree as follows: 1. MTDB will adopt, administer, and enforce its taxicab and other for -hire vehicles ordinance, policies, and regulations as in effect on July 1, 1998, and as thereafter from time to time amended by MTDB, and thereby regulate such vehicles and transportation services rendered wholly within the City's corporate limits during the period ending June 30, 2003, pursuant to PUC section 120266. 2. MTDB will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by the MTDB taxicab and other for -hire vehicles Ordinance No. 11, policies, and regulations. However, licensing hereunder will not exempt a licensee from municipal business license requirements and fees. 3. The City. Manager and the MTDB General Manager may supplement this agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of taxicab and other for -hire vehicles regulation, and to provide for reimbursable staff and legal support services. IN WITNESS THEREOF, this Second Amendment to Agreement is executed by the City acting byand through its Mayor pursuant to Council Resolution No. 98-22 and by MTDB acting through its General Manager. Dated this 3(j-1iiA_ day of )'YjG- 1998. " THE CITY OF NATIONAL CITY SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD Q2t‘k-VV‘SI—C George H. W ers 9 Thomas F. Larwin Mayor General Manager WE HEREBY APPROVE the form and legality of the foregoing Agreement. George H. Eiser, III City Attorney Jack Limber General Counsel Date: Date: Kyarno/Ltresc AG-NATIONAL.JLIMBE 1 /13/98 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2003 AGENDA ITEM NO. 9 / ITEM TITLE RESOLUTION AUTHORIZING THt.•CITY OF NATIONAL CITY FOR lat. ISSUANCE OF THE 2003 TAX & REVENUE ANTICIPATION NOTES (TRANS) PREPARED BY Marylou Matienzo EXPLANATION PLEASE SEE ATTACHED DEPARTMENT FINANCE - MARYLOU MATIENZO Ext 4331 Environmental Review N/A • Financial Statement The net gain to the City will be an investment earnings of around $50,000.00 Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the City Council approve the resolution authorizing the issuance of tax and revenue anticipation notes for the 2003-04 fiscal year. BOARD / COMMISSION RECOMMENDATION Concur: riK Q ATTACHMENTS ( Listed Below ) 1. Resolution 2. Purchase Agreement Resolution No. 2003-59 A-200 (9/99) RESOLUTION NO. 2003 — 59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2003-2004; THE ISSUANCE AND SALE OF A 2003-2004 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM WHEREAS, local agencies are authorized by Section 53850 to 53858, both inclusive, of the Government Code of the State. of California (the "Act") (being Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes; and WHEREAS, the legislative body (the "Legislative Body") of the local agency specified in Section 25 hereof (the "Local Agency") has determined that a sum (the "Principal Amount"), not to exceed the Maximum Amount of Borrowing specified in Section 25 hereof, which Principal Amount is to be confirmed and set in the Pricing Confirmation (as defined in Section 4 hereof), is needed for the requirements of tt 1 Local Agency, to satisfy obligations of the ' ',cal Agency, and that it is necessary that said Principal Amount be borrowed for such purpose at this time by the issuance of a note therefor in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to its fiscal year ending June 30, 2004 ("Fiscal Year 2003-2004"); and WHEREAS, the Local Agency hereby determines to borrow, for the purposes set forth above, the Principal Amount by the issuance of the Note (as hereinafter defined); and WHEREAS, it appears, and this Legislative Body hereby finds and determines, that the Principal Amount, when added to the interest payable thereon, does not exceed eighty-five percent (85%) of the estimated amount of the uncollected taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other moneys of the Local Agency attributable to Fiscal Year 2003-2004 and available for the payment of the principal of the Note and the interest thereon; and WHEREAS, no money has heretofore been borrowed by or on behalf of the Local Agency through the issuance of tax anticipation notes or temporary notes in anticipation of the receipt of, or payable from or secured by, taxes, income, revenue, cash receipts or other moneys for Fiscal Year 2003-2004; and Resolution No. 2003 — 59 May 6, 2003 Page 2 WHEREAS, pursuant to Section 53856 of the Act, certain moneys which will be received by the Local Agency during and attributable to Fiscal Year 2003-2004 can be pledged for the payment of the principal of the Note and the interest thereon (as hereinafter provided); and WHEREAS, the Local Agency has determined that it is in the best interests of the Local Agency to participate in the California Communities Cash Flow Financing Program (the "Program"), whereby participating local agencies (collectively, the "Issuers") will simultaneously issue tax and revenue anticipation notes; and WHEREAS, the Program requires the participating Issuers to sell their tax and revenue anticipation notes to the California Statewide Communities Development Authority (the "Authority") pursuant to note purchase agreements (collectively, "Purchase Agreements"), each between such individual Issuer and the Authority, and dated as of the date of the Pricing Confirmation, a form of which has been submitted to the Legislative Body; and WHEREAS, the Authority, in consultation with RBC Dain Rauscher, Inc., as financial advisor for the Program (the "Financial Advisor"), will form one or more pools of notes (the "Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a series (the "Series") of bonds (the "Bonds") secured by each Pool pursuant to an indenture (the "Indenture") between the Authority and Wells Fargo Bank, National Association, as trustee (the "Trustee"), each Series distinguished by whether or what type(s) of Credit Instrument(s) (as hereinafter defined) secure(s) such Series, by the principal amounts of the notes assigned to the Pool, by whether interest on the Series of Bonds is a fixed rate of interest or a variable rate of interest swapped to a fixed rate by the Authority, or by other factors, and the Local Agency hereby acknowledges and approves the discretion of the Authority to assign the Note to such Pool and such Indenture as the Authority may determine; and WHEREAS, as additional security for the owners of each Series of Bonds, all or a portion of the payments by all of the Issuers of the notes assigned to such Series may or may not be secured (by virtue or in form of the Bonds, as indicated in the Pricing Confirmation, being secured in whole or in part) by an irrevocable letter (or letters) of credit or policy (or policies) of insurance or other credit instrument (or instruments) (collectively, the "Credit Instrument") issued by the credit provider or credit providers designated- in the Indenture, as finally executed (collectively, the "Credit Provider"), pursuant to a credit agreement or Resolution No. 2003 — 59 May 6, 2003 Page 3 agreements or commitment letter or letters (collectively, the "Credit Agreement") between the Authority and the respective Credit Provider; and WHEREAS, the net proceeds of the Note may be invested by the Local Agency in Permitted Investments (as defined in the Indenture). or in any other investment permitted by the laws of the State of California, as now in effect and as hereafter amended, modified or supplemented from time to time; and WHEREAS, as part of the Program each participating Issuer approves the Indenture, the alternative forms of Credit Agreements, if any, in substantially the forms presented to the Legislative Body, with the final form of Indenture, type of Credit Instrument and corresponding Credit Agreement to be determined and approved by delivery of the Pricing Confirmation; and WHEREAS, pursuant to the Program each participating Issuer will be responsible for its share of (a) the fees of the Trustee and the costs if issuing the applicable Series of Bonds, and (b), if applicable, the fees of the Credit Provider (which shall be payable from, among other sources, and moneys in the Costs of Issuance Fund established and held under the Indenture), the Issuer's allocable share of all Predefault Obligations and the Issuer's Reimbursement Obligations, if any (each as defined in the Indenture); and WHEREAS, pursuant to the Program, the underwriter will submit an offer to the Authority to purchase, in the case of each Pool of Notes, the Series of Bonds which will be secured by the Indenture to which such Pool will be assigned' and WHEREAS, it is necessary to engage the services of certain professionals to assist the Local Agency in its participation in the Program, NOW, THEREFORE, the City Council of the City of National City hereby finds, determines, declares and resolves as follows: Section 1. Recitals. This Legislative Body hereby finds and determines that all the above recitals are true and correct. Section 2. Authorization of Issuance. This Legislative Body hereby determines to borrow solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to Fiscal Year 2003-2004, by the issuance of a note in the Principal Amount under Sections 53850 et seq. of the Act, designated the Local Agency's "2003 Tax and Revenue Anticipation Note" (the "Note"), to be Resolution No. 2003 — 59 May 6, 2003 Page 4 issued in the form of one fully registered note at the Principal Amount thereof, to be dated the date of its delivery to the initial purchaser thereof, to mature (without option of prior redemption) not more than fifteen months thereafter on a date indicated on the face thereof and determined in the Pricing Confirmation (the "Maturity Date"), and to bear interest, payable at maturity (and if the maturity is more than twelve months from the date of issuance, payable on the interim payment date set forth in the Pricing Confirmation) and computed upon the basis of a 360-day year consisting of twelve 30-day months, or a 365 or 366- day year, as the case may be, and actual days elapsed, at a rate not to exceed twelve percent (12%) per annum as determined in the Pricing Confirmation and indicated on the face of the Note (the "Note Rate"). If the Series of Bonds issued in connection with the Note is secured in whole or in part by a Credit Instrument or such Credit Instrument secures the Note in whole or in part and all principal of and interest on the Note is not paid in full at maturity or if payment of principal of and/or interest on the Note is paid (in whole or in part) by a draw under, payment by or claim upon a Credit Instrument which draw, payment or claim is not fully reimbursed on such date, such Note shall become a Defaulted Note (as defined in the Indenture), and the unpaid portion (including the interest component, if applicable) thereof (or the portion (including the interest component, if applicable) thereof with respect to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been fully made) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate (as defined in the Indenture). If the Note or the Series of Bonds issued in connection with the Note is unsecured in whole or in part and the Note is not fully paid at maturity, the unpaid portion thereof (or the portion thereof to which no Credit Instrument applies which is unpaid) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate. In each case, however, the obligation of the Local Agency with respect to such Defaulted Note or unpaid Note shall not be a debt or liability of the Local Agency prohibited by Article XVI, Section 18 of the California Constitution and the Local Agency shall not be liable thereon except to the extent of any available revenues attributable to Fiscal Year 2003-2004, as provided in Section 8 hereof. The percentage of the Note to which a Credit Instrument, if any, applies (the "Secured Percentage") shall be equal to the amount of the Credit Instrument divided by the aggregate amount of unpaid principal of and interest on the unpaid notes (or portions thereof) of all Issuers, expressed as a percentage (but not greater than 100%) as of the maturity date. Both the principal of and interest on the Note shall be payable in lawful money of the United States of America. The principal of and interest on the Note at maturity shall be paid upon surrender of the Note at the corporate trust office of Wells Fargo Bank, National Association in Los Angeles, California. Resolution No. 2003 - 59 May 6, 2003 Page 5 The Note shall be issued in conjunction with the note or notes of one or more other Issuers as part of the Program and within the meaning of Section 53853 of the Act. Section 3. Form of Note. The Note shall be issued in fully registered form without coupons and shall be substantially in the form and substance set forth in Exhibit A as attached hereto and by reference incorporated herein, the blanks in said forms to be filled in with appropriate words and figures. Section 4. Sale of Note; Delegation. The Note shall be sold to the Authority pursuant to the Purchase Agreement. The form of the Purchase Agreement, including the form of the pricing confirmation supplement (the "Pricing Confirmation") set forth as Exhibit A thereto, presented to this meeting are hereby approved. The authorized representatives set forth in Section 25 hereof (the "Authorized Representatives") are each hereby authorized and directed to execute and deliver the Purchase Agreement in substantially said form, wn such changes thereto as such Authorized Representative shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the Purchase Agreement shall not be effective and binding on the Local Agency un+" the execution and delivery of the Pricing Confirmation. The Authorized Representatives are each hereby further authorized and directed to execute and deliver the Pricing Confirmation in substantially said form, with such changes thereto as such Authorized Representative shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the interest rate on the Note shall not exceed twelve percent (12%) per annum, the discount on the Note, when added to the Local Agency's share of the costs of issuance of the Bonds, shall not exceed one percent (1.0%), and the Principal Amount shall not exceed the Maximum Amount of Borrowing. Delivery of an executed copy of the Pricing Confirmation by fax or telecopy shall be deemed effective execution and delivery for all purposes. Section 5. Program Approval. The Pricing Confirmation shall indicate whether and what type of Credit Instrument will apply. The forms of Indenture, alternative general types and forms of Credit Agreements, if any, presented to this meeting are hereby acknowledged, and it is acknowledged that the Authority will execute and deliver the Indenture, one or more Credit Agreements, if applicable, which shall be identified in the Pricing Confirmation, in substantially one or more of said forms with such changes therein as the Authorized Representative who executes the Pricing Confirmation shall require or approve (substantially final forms of the Indenture and the Credit Resolution No. 2003 — 59 May 6, 2003 Page 6 Agreement are to be delivered to the Authorized Representative concurrent with the Pricing Confirmation), such approval of the Authorized Representative and this Legislative Body to be conclusively evidenced by the execution of the Pricing Confirmation. Any one of the Authorized Representatives of the Local Agency is hereby authorized and directed to provide the Financial Advisor or the underwriter with such information relating to the Local Agency as the Financial Advisor or the underwriter shall reasonably request for inclusion in the Preliminary Official Statement and Official Statement of the Authority. Upon inclusion of the information relating to the Local Agency therein, the Preliminary Official Statement and Official Statement or such other offering document is, except for certain omissions permitted by Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), hereby deemed final within the meaning of the Rule with respect to the Local Agency and any Authorized Representative of the Local Agency is authorized to execute a certificate to such effect. If, at any time prior to the end of the underwriting period, as defined in the Rule, any event occurs as a result of which the information contained in the Preliminary Official Statement or other offering document relating to the Local Agency might include an untrue statement of = material fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the Local Agency shall promptly notify the Financial Advisor and the underwriter. Subject to Section 8 hereof, the Local Agency hereby agrees that if the Note shall become a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit Instrument applies for which full reimbursement on a draw, payment or claim has not been made by the Maturity Date shall be deemed outstanding and shall not be deemed to be paid until (i) any Credit Provider providing a Credit Instrument with respect to the Note or the Series of Bonds issued in connection with the Note, has been reimbursed for any drawings, payments or claims made under or from the Credit Instrument with respect to the Note, including interest accrued thereon, as provided therein and in the applicable Credit Agreement, and, (ii) the holders of the Note, or Series of the Bonds issued in connection with the Note, are paid the full principal amount represented by the unsecured portion of the Note plus interest accrued thereon (calculated at the Default Rate) to the date of deposit of such aggregate required amount with the Trustee. For purposes of clause (ii) of the preceding sentence, holders of the Series of Bonds will be deemed to have received such principal amount upon deposit of such moneys with the Trustee. Resolution No. 2003 — 59 May 6, 2003 Page 7 The Local Agency agrees to pay or cause to be paid, in addition to the amounts payable under the Note, any fees or expenses of the Trustee and, to the extent permitted by law, if the Local Agency's Note is secured in whole or in part by a Credit Instrument (by virtue of the fact that the Series of Bonds is secured by a Credit Instrument), any Predefault Obligations and Reimbursement Obligations (to the extent not payable under the Note), (i) arising out of an "Event of Default" hereunder (or pursuant to Section 7 hereof) or (ii) arising out of any other event (other than an event arising solely as a result of or otherwise attributable to a default by any other Issuer). In the case described in (ii) above with respect to Predefault Obligations, the Local Agency shall owe only the percentage of such fees, expenses and Predefault Obligations equal to the ratio of the principal amount of its Note over the aggregate principal amounts of all notes, including the Note, of the Series of which the Note is a part, at the time of original issuance of such Series. Such additional amounts will be paid by the Local Agency within twenty- five (25) days of receipt by the Local Agency of a bill therefore from the Trustee. Section 6. No Joint Obligation. The Note w;il be issued in conjunction with a note or notes of one or more other Issuers, assigned to secure a Series of Bonds. In all cases, the obligation of the Local Agency to make payments on or in respect to its Note is a several and not a joint obligation and is strictly limited to the Local Agency's repayment obligation under this Resolution and the Note. Section 7. Disposition of Proceeds of Note. A portion of the moneys received from the sale of the Note in an amount equal to the Local Agency's share of the costs of issuance (which shall include any fees and expenses in connection with any Credit Instrument applicable to the Note or Series of Bonds) shall be deposited in the Costs of Issuance Fund held and invested by the Trustee under the Indenture and expended as directed by the Authority on costs of issuance as provided in the Indenture. The balance of the moneys received from the sale of the Note to the Authority shall be deposited in the Local Agency's Proceeds Subaccount hereby authorized to be created pursuant to, and held and invested by the Trustee under, the Indenture for the Local Agency and said moneys may be used and expended by the Local Agency for any purpose for which it is authorized to use and expend moneys, upon requisition from the Proceeds Subaccount as specified in the Indenture. Amounts in the Proceeds Subaccount are hereby pledged to the payment of the Note. The Trustee will not create subaccounts within the Proceeds Fund, but will keep records to account separately for proceeds of the Bonds allocable to the Local Agency's Note on deposit in the Proceeds Fund which shall constitute the Local Agency's Proceeds Subaccount. Resolution No. 2003 — 59 May 6, 2003 Page 8 Section 8. Source of Payment. (A) The principal amount of the Note, together with the interest thereon, shall be payable from taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other moneys which are received by the Local Agency for the general fund of the Local Agency and are attributable to Fiscal Year 2003-2004 and which are available for payment thereof. As security for the payment of the principal of and interest on the Note, the Local Agency hereby pledges certain unrestricted revenues (as hereinafter provided, the "Pledged Revenues") which are received by the Local Agency for the general fund of the Local Agency and are attributable to Fiscal Year 2003-2004, and the principal of the Note and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the first moneys received by the Local Agency from such Pledged revenues, and, to the extent not so paid, shall be paid from any other taxes, income, revenue, cash receipts and other moneys of the Local Agency lawfully available therefore (all as provided for in Sections 53856 and 53857 of the Act). The term "unrestricted revenues" shall mean all taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts, and other moneys, intended as receipts for the general fund of the Local Agency attributable to Fiscal Year 2003-2004 and which are generally available for the payment of current expenses and other obligations of the Local Agency. The Noteholders, Bondholders and Credit Provider shall have a first lien and charge on such certain unrestricted revenues as hereinafter provided which are received by the Local Agency and are attributable to Fiscal Year 2003- 2004. In order to effect the pledge referenced in the preceding paragraph, the Local Agency hereby agrees and covenants to establish and maintain a special account within the Local Agency's general fund to be designated the "2003 Tax and Revenue Anticipation Note Payment Account" (the "Payment Account") and further agrees and covenants to maintain the Payment Account until the payment of the principal of the Note and the interest thereon. Notwithstanding the foregoing, if the Local Agency elects to have Note proceeds invested in Permitted Investments to be held by the Trustee pursuant to the Pricing Confirmation, a subaccount of the Payment Account (the "Payment Subaccount") shall be established for the Local Agency under the Indenture and proceeds credited to such account shall be pledged to the payment of the Note. The Trustee need not create a subaccount, but may keep a record to account separately for proceeds of the Note so held and invested by the Trustee which record shall constitute the Local Agency's Proceeds Subaccount. Transfers from the Payment Subaccount shall be made in accordance with the Indenture. The Local Agency agrees to transfer to and deposit in the Payment Account the first amounts received in the months specified in the Pricing Resolution No. 2003 — 59 May 6, 2003 Page 9 Confirmation as Repayment Months (each individual month a "Repayment Month" and collectively "Repayment Months") (and any amounts received thereafter attributable to Fiscal Year 2003-2004) until the amount on deposit in the Payment Account, together with the amount, if any, on deposit in the Payment Subaccount, and taking into consideration anticipated investment earnings thereon to be received by the Maturity Date, is equal in the respective Repayment Months identified in the Pricing Confirmation to the percentage of the principal and interest due on the Note specified in the Pricing Confirmation. In making such transfer and deposit, the Local Agency shall not be required to physically segregate the amounts to be transferred to and deposited in the Payment Account from the Local Agency's other general fund moneys, but, notwithstanding any commingling of funds for investment or other purposes, the amounts required to be transferred to and deposited in the Payment Account shall nevertheless be subject to the lien and charge created herein. Any one of the Authorized Representatives of the Local Agen•Ty is hereby authorized to approve the determination of the Repayment Months and percentages of the principal and interest due on the Note required to be on deposit in the Payment Account and/or the Payment Subaccount in each Repayment Month, all as specified in the Pricing Confirmation, by executing and delivering the Pricing Confirmation, such execution and delivery to be conclusive evidence of approval by this Legislative Body and such Authorized Representative; provided, however, that the maximum number of Repayment Months shall be six and the maximum amount of Pledged Revenues required to be deposited in each Repayment Month shall not exceed fifty percent (50%) of the aggregate principal and interest due on the Note. In the event on the day in each such Repayment Month that a deposit to the Payment Account is required to be made, the Local Agency has not received sufficient unrestricted revenues to permit the deposit into the Payment Account of the full amount of Pledged Revenues to be deposited in the Payment Account from said unrestricted revenues in said month, then the amount of any deficiency shall be satisfied and made up from any other moneys of the Local Agency lawfully available for the payment of the principal of the Note and the interest thereon, as and when such other moneys are received or are otherwise legally available. (B) Any moneys placed in the Payment Account or the Payment Subaccount shall be for the benefit of (i) the holder of the Note and the holders of Bonds issued in connection with the Notes and (ii) (to the extent provided in the Indenture) the Credit Provider, if any. The moneys in the Payment Account and the Payment Subaccount shall be applied only for the purposes for which such Accounts are created until the principal of the Note and all interest thereon are paid or until provision has been made for the payment of the principal of the Note at Resolution No. 2003 - 59 May 6, 2003 Page 10 maturity with interest to maturity (in accordance with the requirements for defeasance of the Bonds as set forth in the Indenture) and, if applicable, (to the extent provided in the Indenture and, if applicable, the Credit Agreement) the payment of all Predefault Obligations and Reimbursement Obligations owing to the Credit Provider. (C) The Local Agency hereby directs the Trustee to transfer on the Note Payment Deposit Date (as defined in the Indenture), any moneys in the Payment Subaccount to the Bond Payment Fund (as defined in the Indenture). In addition, on the Note Payment Deposit Date, the moneys in the Payment Account shall be transferred by the Local Agency to the Trustee, to the extent necessary (after crediting any transfer pursuant to the preceding sentence), to pay the principal of and/or interest on the Note, to make payments to a Swap Provider, if any, as defined in the Indenture, pursuant to a Swap Agreement, if any, as defined in the Indenture, or to reimburse the Credit Provider for payments made under or pursuant to the Credit Instrument. In the event that moneys in the Payment Account and/or the Payment Subaccount are insufficient to pay the principal of and interest on the Note in full when due, such moneys shall be applied in the following priority: first to pay interest on the Note; second to pay principal of the Note; third to reimburse th• Credit Provider for payment, if any, of interest with respect to the Note; fourth to reimburse the Credit Provider for payment, if any, of principal with respect to the Note; and fifth to pay any Reimbursement Obligations of the Local Agency and any of the Local Agency's pro rata share of Predefault Obligations owing to the Credit Provider. Any moneys remaining in or accruing to the Payment Account and/or the Payment Subaccount after the principal of the Note and the interest thereon and any Predefault Obligations and Reimbursement Obligations, if applicable, have been paid, or provision for such payment has been made, shall be transferred to the general fund of the Local Agency, subject to any other disposition required by the Indenture, or, if applicable, the Credit Agreement. Nothing herein shall be deemed to relieve the Local Agency from its obligation to pay its Note in full on the Maturity Date. (D) Moneys in the Proceeds Subaccount and in the Payment Subaccount shall be invested by the Trustee pursuant to the Indenture as directed by the Local Agency in Permitted Investments as described in and under the terms of the Indenture. Any such investment by the Trustee shall be for the account and risk of the Local Agency, and the Local Agency shall not be deemed to be relieved of any of its obligations with respect to the Note, the Predefault Obligations or Reimbursement Obligations, if any, by reason of such investment of the moneys in its Proceeds Subaccount or the Payment Subaccount. Resolution No. 2003 — 59 May 6, 2003 Page 11 (E) At the written request of the Credit Provider, if any, the Local Agency shall, within ten (10) Business Days following the receipt of such written, request, file such report or reports to evidence the transfer to and deposit in the Payment Account required by this Section 8 and provide such additional financial information as may be required by the Credit Provider, if any. Section 9. Execution of Note. Any one of the Authorized Representatives of the Local Agency or any other officer designated by the Legislative Body shall be authorized to execute the Note by manual or facsimile signature and the Secretary or Clerk of the Legislative Body of the Local Agency, or any duly appointed assistant thereto, shall be authorized to countersign the Note by manual or facsimile signature. Said Authorized Representative of the Local Agency, is hereby authorized to cause the blank spaces of the Note to be filled in as may be appropriate pursuant to the Pricing Confirmation. The Authorized Representative is hereby authorized and directed to cause the Authority to assign the Note to the Trustee, pursuant to the terms and conditions of the Purchase A^reement, this Resolution and the Indenture. In case any Authorized Representative whose signature shall appear on any Note shall cease to be an Authorized Representative before the delivery of such Note, such signature shall nevertheless be valid and sufficient for &; purposes, the same as if such officer had remained in office until delivery. The Note need not bear the seal of the Local Agency, if any. Section 10. Intentionally Left Blank. This section has been included to preserve the sequence of section numbers for cross-referencing purposes. Section 1 1 . Representations and Covenants of the Local Agency. The Local Agency makes the following representations for the benefit of the holder of the Note, the owners of the Bonds and the Credit Provider, if any: (A) The Local Agency is duly organized and existing under and by virtue of the laws of the State of California and has all necessary power and authority to (i) adopt this Resolution and perform its obligations thereunder, (ii) enter into and perform its obligations under the Purchase Agreement, and (iii) issue the Note and perform its obligations thereunder. (B) (i) Upon the issuance of the Note, the Local Agency shall have taken all action required to be taken by it to authorize the issuance and delivery of the Note and the performance of its obligations thereunder, and (ii) the Local Agency has full legal right, power and authority to issue and deliver the Note. Resolution No. 2003 — 59 May 6, 2003 Page 12 (C) The issuance of the Note, the adoption of the Resolution and the execution and delivery of the Purchase Agreement, and compliance with the provisions hereof and thereof do not conflict with, breach or violate any law, administrative regulation, court decree, resolution, charter, by-laws or other agreement to which the Local Agency is subject or by which it is bound. (D) Except as may be required under blue sky or other securities laws of any state or Section 3(a)(2) of the Securities Act of 1933, there is no consent, approval, authorization or other order of, or filing with, or certification by, any regulatory authority having jurisdiction over the Local Agency required for the issuance and sale of the Note or the consummation by the Local Agency of the other transactions contemplated by this Resolution, except those the Local Agency shall obtain or perform prior to or upon the issuance of the Note. (E) The Local Agency has (or will have prior to the issuance of the Note) duly, regularly and properly adopted a preliminary budget for Fiscal Year 2003-2004 setting forth expected revenues and expenditures and has complied with all statutory and regulatory requirements with respect to the adoption of such budget. The Local Agency hereby covenants that it shall (I) duly, regularly and properly prepare and adopt its final budget for Fiscal Year 2003-2004, (ii) provide to the Trustee, the Credit Provider, if any, and the Financial Advisor and the underwriter, promptly upon adoption, copies of such final budget and of any subsequent revisions, modifications or amendments thereto and (iii) comply with all applicable laws pertaining to its budget. (F) The sum of the principal amount of the Local Agency's Note plus the interest payable thereon, on the date of its issuance, shall not exceed fifty percent (50%) of the estimated amounts of the Local Agency's uncollected taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts, and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to Fiscal Year 2003-2004, all of which will be legally available to pay principal of and interest on the Note. (G) The Local Agency (i) has not defaulted within the past twenty (20) years, and is not currently in default, on any debt obligation and (ii), to the best knowledge of the Local Agency, has never defaulted on any debt obligation. (H) The Local Agency's most recent audited financial statements present fairly the financial condition of the Local Agency as of the date thereof and the results of operation for the period covered thereby. Except as has been disclosed to the Financial Advisor and the underwriter and the Credit Provider, if Resolution No. 2003 — 59 May 6, 2003 Page 13 any, there has been no change in the financial condition of the Local Agency since the date of such audited financial statements that will in the reasonable opinion of the Local Agency materially impair its ability to perform its obligations under this Resolution and the Note. The Local Agency agrees to furnish to the Authority, the Financial Advisor, the underwriter, the Trustee and the Credit Provider, if any, promptly, from time to time, such information regarding the operations, financial condition and property of the Local Agency as such party may reasonably request. (I) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, arbitrator, governmental or other board, body or official, pending or, to the best knowledge of the Local Agency, threatened against or affecting the Local Agency questioning the validity of any proceeding taken or to be taken by the Local Agency in connection with the Note, the Purchase Agreement, the Indenture, the Credit Agreement, if any, or this Resolution, or seeking to prohibit, restrain or enjoin the execution, delivery or performance by th.e Local Agency of any of the foregoing or wherein an unfavorable decision, ruling or finding would have a materially adverse effect on the Local Agency's financial condition or results of operations or on the ability of the Local Agency to conduct its activities as presently conducted or as proposed or contemplated to be conducted, or would materially adversely affect the validity or enforceability of, or the authority or ability of the Local Agency to perform its obligations under, the Note, the Purchase Agreement, the Indenture, the Credit Agreement, if any, or this Resolution. (J) Upon issuance of the Note and execution of the Purchase Contract, this Resolution, the Purchase Contract and the Note will constitute legal, valid and binding agreements of the Local Agency, enforceable in accordance with their respective terms, except as such enforceability may be limited by bankruptcy or other laws affecting creditors' rights generally, the application of equitable principles if equitable remedies are sought, the exercise of judicial discretion in appropriate cases and the limitations on legal remedies against local agencies, as applicable, in the State of California. (K) The Local Agency and its appropriate officials have duly taken, or will take, all proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement of the Pledged Revenues in accordance with law for carrying out the provisions of this Resolution and the Note. (L) The Local Agency shall not incur any indebtedness secured by a pledge of its Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged Revenues hereunder. Resolution No. 2003 — 59 May 6, 2003 Page 14 (M) So long as the Credit Provider, if any, is not in payment default under the Credit Instrument, the Local Agency hereby agrees to pay its pro rata share of all Predefault Obligations and all Reimbursement Obligations attributable to the Local Agency in accordance with provisions of the Credit Agreement, if any, and/or the Indenture, as applicable. Prior to the Maturity Date, moneys in the Local Agency's Payment Account and/or Payment Subaccount shall not be used to make such payments. The Local Agency shall pay such amounts promptly upon receipt of notice from the Credit Provider that such amounts are due to it. (N) So long as any Bonds issued in connection with the Notes are Outstanding, or any Predefault Obligation or Reimbursement Obligation is outstanding, the Local Agency will not create or suffer to be created any pledge of or lien on the Note other than the pledge and lien of the Indenture. Section 12. Tax Covenants. (A) The Local Agency shall not take any action or fail to take any action if such action or failure to take such action would adversely affect the exclusion from gross income of the interest payable on the Note or Bonds under Section 103 of the Internal Revenue Code of 1986 (the "Code"). Without limiting the generality of the foregoing, the Local Agency shah not make any use of the proceeds of the Note or Bonds or any other funds of the Local Agency which would cause the Note or Bonds to be an "arbitrage bond" within the meaning of Section 148 of the Code, a "private activity bond" within the meaning of Section 141(a) of the Code, or an obligation the interest on which is subject to federal income taxation because it is "federally guaranteed" as provided in Section 149(b) of the Code. The Local Agency, with respect to the proceeds of the Note, will comply with all requirements of such sections of the Code and all regulations of the United States Department of the Treasury issued or applicable thereunder to the extent that such requirements are, at the time, applicable and in effect. (B) The Local Agency hereby (i) represents that the aggregate face amount of all tax-exempt obligations (including any tax-exempt leases, but excluding private activity bonds), issued and to be issued by the Local Agency during calendar year 2003, including the Note, is not reasonably expected to exceed $5,000,000; or, in the alternative, (ii) covenants that the Local Agency will take all legally permissible steps necessary to ensure that all of the gross proceeds of the Note will be expended no later than the day that is six months after the date of issuance of the Note so as to satisfy the requirements of Section 148(f)(4)(B) of the Code. Resolution No. 2003 — 59 May 6, 2003 Page 15 (C) Notwithstanding any other provision of this Resolution to the contrary, upon the Local Agency's failure to observe, or refusal to comply with, the covenants contained in this Section 12, no one other than the holders or former holders of the Note, the owners of the Bond, the Credit Provider, if any, or the Trustee on their behalf shall be entitled to exercise any right or remedy under this Resolution on the basis of the Local Agency's failure to observe, or refusal to comply with, such covenants. (D) The covenants contained in this Section 12 shall survive the payment of the Note. Section 13. Events of Default and Remedies. If any of the following events occurs, it is hereby defined as and declared to be and to constitute an "Event of Default": (A) Failure by the Local Agency to make or cause to be made the trans;ers and deposits to the Payment Account, or any other payment required to be paid hereunder, including payment of principal and interest on the Note, on or before the date on which such transfer, deposit or other payment is due and payable; (B) Failure by the Local Agency to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Resolution, for a period of fifteen 115) days after written notice, specifying such failure and requesting that it be remedied, is given to the Local Agency by the Trustee or the Credit Provider, if applicable, unless the Trustee and the Credit Provider shall all agree in writing to an extension of such time prior to its expiration; (C) Any warranty, representation or other statement by or on behalf of the Local Agency contained in this Resolution or the Purchase Agreement (including the Pricing Confirmation) or in any requisition or any financial report delivered by the Local Agency or in any instrument furnished in compliance with or in reference to this Resolution or the Purchase Agreement or in connection with the Note, is false or misleading in any material respect; (D) A petition is filed against the Local Agency under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect and is not dismissed within 30 days after such filing; but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty (30) days to protect its and the Bond Owners' (or Noteholders') interests; Resolution No. 2003 — 59 May 6, 2003 Page 16 (E) The Local Agency files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; or (F) The Local Agency admits insolvency or bankruptcy or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Local Agency or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 30 days, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty (30) days to protect its and the Bond Owners' or Noteholders' interests. Whenever any Event of Default referred to in this Section 13 shall have happened and be continuing, the Trustee, as holder of the Note, shall, in addition to any other remedies provided herein or by law or under the Indenture, if applicable, have t' right, at its option without any further demand or notice, to take one or any combination of the following remedial steps: (1) Without declaring the Note to be immediately due and payable, require the Local Agency to pay to the Trustee, as holder of the Note, an amount equal to the principal of the Note and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to the Local Agency the same shall become immediately due and payable by the Local Agency without further notice or demand; and (2) Take whatever other action at law or in equity (except for acceleration of payment on the Note) which may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder and under the Note or to enforce any other of its rights hereunder. Notwithstanding the foregoing, if the Local Agency's Note is secured in whole or in part by a Credit Instrument or if the Credit Provider is subrogated to rights under the Local Agency's Note, as long as the Credit Provider has not failed to comply with its payment obligations under the Credit Instrument, the Credit Provider shall have the right to direct the remedies upon any Event of Default hereunder, and the Credit Provider's prior consent shall be required to any remedial action proposed to be taken by the Trustee hereunder. Resolution No. 2003 — 59 May 6, 2003 Page 17 If the Credit Provider is not reimbursed for any drawing, payment or claim, as applicable, used to pay principal of and interest on the Note due to a default in payment on the Note by the Local Agency, or if any principal of or interest on the Note remains unpaid after the Maturity Date, the Note shall be a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been made shall be deemed outstanding and shall bear interest at the Default Rate until the Local Agency's obligation on the Defaulted Note is paid in full or payment is duly provided for, all subject to Section 8 hereof. Section 14. Trustee. The Local Agency hereby directs and authorizes the payment by the Trustee of the interest on and principal of the Note when such become due and payable, from amounts received by the Trustee from the Local Agency in the manner set forth herein. The Local Agency hereby covenants to deposit funds in such account or fund, as applicable, at the time anc' in the amount specified herein to provide sufficient moneys to pay the principal of and interest on the Note on the Note Payment Deposit Date. Payment of the Note shall be in accordance with the terms of the Note and this Resolution. Section 15. Sale of Note. The Note shall be sold to the Authority, in accordance with the terms of the Purchase Agreement, hereinbefore approved, and issued payable to the Trustee, as assignee of the Authority. Section 16. Intentionally Left Blank. This section has been included to preserve the sequence of section numbers for cross-referencing purposes. Section 17. Approval of Actions. The aforementioned Authorized Representatives of the Local Agency are hereby authorized and directed to execute the Note and cause the Trustee to accept delivery of the Note, pursuant to the terms and conditions of the Purchase Agreement and the Indenture. All actions heretofore taken by the officers and agents of the Local Agency or this Legislative Body with respect to the sale and issuance of the Note and participation in the Program are hereby approved, confirmed and ratified and the Authorized Representatives and agents of the Local Agency are hereby authorized and directed, for and in the name and on behalf of the Local Agency, to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Note in accordance with, and related transactions contemplated by, this Resolution. The Resolution No. 2003 - 59 May 6, 2003 Page 18 Authorized Representatives of the Local Agency referred to above in Section 4 hereof are hereby designated as "Authorized Local Agency Representatives" under the Indenture. In the event that the Note or a portion thereof is secured by a Credit Instrument, any one of the Authorized Representatives of the Local Agency is hereby authorized and directed to provide the Credit Provider, with any and all information relating to the Local Agency as such Credit Provider may reasonably request. Section 18. Proceedings Constitute Contract. The provisions of the Note and of this Resolution shall constitute a contract between the Local Agency and the registered owner of the Note, and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction, and shall be irrepealable. The Credit Provider, if any, is a third party beneficiary of the provisions of this Resolution and the Note. Section 19. Limited Liability. Notwithstanding anything to the contrary contained herein or in the Note or in any other document mentioned herein or related to the Note or to any Series of Bonds to which the Note may be assigned, the Local Agency shall not have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby except to the extent payable from moneys available therefore as set forth in Section 8 hereof. Section 20. Amendments. At any time or from time to time, the Local Agency may adopt one or more Supplemental Resolutions with the written consents of the Authority and the Credit Provider, if any, but without the necessity for consent of the owner of the Note or of the Bonds issued in connection with the Note for any one or more of the following purposes: (A) to add to the covenants and agreements of the Local Agency in this Resolution, other covenants and agreements to be observed by the Local Agency which are not contrary to or inconsistent with this Resolution as theretofore in effect; (B) to add to the limitations and restrictions in this Resolution, other limitations and restrictions to be observed by the Local Agency which are not contrary to or inconsistent with this Resolution as theretofore in effect; Resolution No. 2003 — 59 May 6, 2003 Page 19 (C) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Resolution, of any monies, securities or funds, or to establish any additional funds or accounts to be held under this Resolution; (D) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in this Resolution; or (E) to amend or supplement this Resolution in any other respect; provided, however, that any such Supplemental Resolution does not adversely affect the interests of the owners of the Note or of the Bonds issued in connection with the Notes. Any modifications or amendment of this Resolution and of the rights and obligations of the Local Agency and of the owner of the Note or of the Bonds issued in connection with the Note may be made by a Supplemental Resolution, with the written consents of the Authority and the Credit Provide', if any, and with the written consent of the owners of at least a majority in principal amount of the Note and of the Bonds issued in connection with the Note outstanding at the time such consent is given; provided, however, that if such modification or amendment will, by its terms, . not take effect so long as the Note or any Bonds issued in connection with the Note remain outstanding, the consent of the owners of such Note or of such Bonds shall not be required. No such modification or amendment shall permit a change in the maturity of the Note or a reduction of the principal amount thereof or an extension of the time of any payment thereon or a reduction of the rate of interest thereon, or a change in the date or amounts of the pledge set forth in this Resolution, without the consent of the owners of such Note or the owners of all the Bonds issued in connection with the Note, or shall reduce the percentage of the Note or Bonds the consent of the owners of which is required to effect any such modification or amendment, or shall change or modify any of the rights or obligations of the Trustee without its written assent thereto. Section 21. Severability. In the event any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 22. Appointment of Bond Counsel. The law firm of Orrick,. Herrington & Sutcliffe LLP, Los Angeles, California is hereby appointed as Bond Counsel for the Program. The Local Agency acknowledges that Bond Counsel regularly performs legal services for many private and public entities in connection with a wide variety of matters, and that Bond Counsel has represented, is Resolution No. 2003 — 59 May 6, 2003 Page 20 representing or may in the future_ represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, financial and other consultants who may have a role or interest in the proposed financing or that may be involved with or adverse to Local Agency in this or some other matter. Given the special, limited role of Bond Counsel described above the Local Agency acknowledges that no conflict of interest exists or would exist, waives any conflict of interest that might appear to exist, and consents to any and all such relationships. Section 23. Appointment of Financial Advisor and Underwriter. RBC Dain Rauscher, Inc., Los Angeles, California is hereby appointed as financial advisor for the Program. Morgan Stanley & Co. Inc., together with such co -underwriters, if any, identified in the Purchase Contract, is hereby appointed as underwriter for the Program. Section 24. Effective Date. This Resolution shall take effect from and after its date of adoption. Section 25. Resolution Parameters. (A, Name of Local Agency: City of National City (B) Maximum Amount of Borrowing: $ 1,500,000 (C) Authorized Representatives: TITLE 1. Mayor 2. Director of Finance 3. City Manager --- Signature Page to Follow --- Resolution No. 2003 — 59 May 6, 2003 Page 21 PASSED AND ADOPTED this 6th day of May, 2003. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: gig; st. George H. Eiser, Ill City Attorney PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Purchase Agreement"), dated as of the purchase date (the "Purchase Date") specified in Exhibit A attached hereto and made a part hereof, entered into by and between the signatory local agency designated in Exhibit A (the "Local Agency") and the California Statewide Communities Development Authority (the "Authority"), for the sale and delivery of the principal amount specified in Exhibit A of the Local Agency's 2003 Tax and Revenue Anticipation Note (the "Note") to be issued in conjunction with the notes of other Issuers (as hereinafter defined) participating in the Program (as hereinafter defined), as determined in the Pricing Confirmation (as hereinafter defined), pooled with notes of other Issuers and assigned to secure a series (the "Series") of bonds (the `Bonds") designated in Exhibit A; WITNESSETH: WHEREAS, local agencies are authorized by Sections 53850 to 53858, both inclusive, of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes; WHEREAS, the legislative body of the Local Agency (the "Legislative Body") has heretofore adopted its resolution finding that. the Local Agency needs to borrow funds in its fiscal year ending June 30, 2004 ("Fiscal Year 2003-2004") in the principal amount set forth in _,_xhibit A and that it is necessary that said sum be borrowed at this time by the issuance of a note therefor in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency during or attributable to Fiscal Year 2003-2004; WHEREAS, the Local Agency has adopted a resolution or resolutions (collectively or singularly, as applicable, the "Resolution") authorizing the issuance and sale of the Note in the name and on behalf of the Local Agency; WHEREAS, the Local Agency has determined that it is in the best interests of the Local Agency to participate in the California Communities Cash Flow Financing Program (the "Program"), whereby participating local agencies (the 'issuers") will simultaneously issue tax and revenue anticipation promissory notes for purchase by the Authority; WHEREAS, under the Program, the Authority will form one or more pools of notes (the "Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a Series of Bonds secured by each Pool pursuant to an indenture, dated as of July 1, 2003 (the "Indenture"), by and between the Authority and Wells Fargo Bank, National Association (the "Trustee"), and sell each such Series to Lehman Brothers, Inc., as representative of the underwriters of the Program (collectively, the "Underwriter"); DOCSLA I :440378.1 40929-320 WHEREAS, if so indicated in Exhibit A, the payment by the Local Agency of its Note will be secured in whole or in part (jointly, but not severally, with notes of the other participating Issuers assigned to the same Series of Bonds) by a letter of credit, policy of insurance, proceeds received from a separate bond issue issued by the Authority for such purpose (the "Reserve Fund") or other credit instrument (collectively, the "Credit Instrument") to be issued by the entity or entities designated in Exhibit A as the credit provider (the "Credit Provider"); WHEREAS, such Credit Instrument may be issued pursuant to a reimbursement agreement, commitment letter, indenture or other agreement (the "Credit Agreement") as identified in Exhibit A; WHEREAS, in order to participate in the Program, the Local Agency has agreed to be responsible for its share of the fees and expenses of the Trustee, and, if applicable, the Credit Provider, and the costs of issuing the Bonds, and the costs, if applicable, of issuing the Credit Instrument, which anticipated fees, expenses and costs of issuance will be deducted from the purchase price set forth in Exhibit A and which unanticipated fees, expenses and costs of issuance will be billed to the Local Agency as the same may arise; WHEREAS, the costs of issuance which will be deducted from the purchase price set forth in Exhibit A for the Local Agency shall not exceed one percent (1%) of the principal amount of each Note; and WHEREAS, pursuant to the Program, the Authority is submitting this offer to purchase the Note pursuant to this Purchase Agreement; NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ,$ectinn 1 Ohligfinn to Purchase. Upon the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein, the Authority shall purchase from the Local Agency, and the Local Agency shall sell to the Authority, the Note, as described herein and in the Resolution. Section 2 Purchase Price The purchase price of the Note shall be the purchase price set forth in the pricing confirmation attached hereto as Exhibit A (the "Pricing Confirmation"). The Note shall bear interest at an interest rate per annum set forth in the Pricing Confirmation, which is hereby agreed to by and between the Authority and the Local Agency by its duly authorized representative executing this Purchase Agreement on behalf of the Local Agency. ,CPrtinn 3 Adjustments to Principal Amount of Note and Purchase Price The Authority and the Local Agency hereby agree that the principal amount of the Note purchased by the Authority and sold to the Authority by the Local Agency pursuant to this Purchase Agreement may be reduced, as determined by the Authority and each Local Agency, based upon the advice of Orrick, Herrington & Sutcliffe LLP ("Bond Counsel"), in order that the proceeds produced from such sale of such Note will be an amount which will not be subject to either (i) yield restriction (in order for interest to be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code")) or (ii) a rebate requirement (under Section 148 of the Code). The Authority DOCSLA I :440378.1 40929-320 2 and the Local Agency hereby further agree that the purchase price of the Note shall be reduced as a result of any reduction of the principal amount of the Note required by this section. Section 4 Delivery of and Payment for the Note The delivery of the Note (the "Closing") shall take place at 8:00 a.m., California time, on the closing date set forth in the Pricing Confirmation or at such other time or date as may be mutually agreeable to the Local Agency, the Authority and the Underwriter, at the Los Angeles office of Orrick, Herrington & Sutcliffe LLP or such other place as the Local Agency, the Authority and the Underwriter shall mutually agree. At the Closing, the Local Agency shall cause the Note to be delivered to the Authority, duly executed and authenticated, together with the other documents hereinafter mentioned, and the proceeds of the purchase price of the Note set forth in the Pricing Confirmation shall be deposited in an amount indicated in the Pricing Confirmation as the Deposit to Proceeds Fund which shall be held by the Trustee for the Local Agency and the remainder in the Costs of Issuance Fund held thereunder. If at any time prior to 90 days after the Closing Date, any event occurs as a result of which information relating to the Local Agency included in the official statement of the Authority relating to the Series of Bonds to which the Note is assigned (the "Official Statement") contains an untrue statement of a material fact or omits to state any material fact necessary to make the statements therein in light of the circumstances under which they were made, not misleading, the Local Agency shall promptly notify the Authority and the Underwriter thereof, and if, in the opinion of the Authority or the Underwriter, such event requires the preparation and publication of a supplement or amendment to the Official Statement, the Local Agency shall cooperate with the Authority and C Underwriter in the preparation of an amendment or supplement to the Official Statement in a form and in a manner approved by the Authority and the Underwriter, and all reasonable expenses incurred thereby shall be paid by the Local Agency. ,Section 5 The Note. The Note shall be issued in substantially the form set forth in the Resolution, without coupons in the full principal amount set forth in Exhibit A. Section 6 Representations and Warranties of the Local Agency The Local Agency represents and warrants to the Authority and the Underwriter that: (a) All representations and warranties set forth in the Resolution are true and correct on the date hereof and are made for the benefit of the Authority and the Underwriter as if set forth herein. (b) The information relating to the Local Agency included in the Official Statement does not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein in light of the circumstance under which they were made not misleading. (c) A copy of the Resolution has been delivered to the Authority and the Underwriter, and the Resolution will not be amended or repealed without the consent of the Authority and the Underwriter, which consent will not be unreasonably withheld. (d) The Local Agency acknowledges that the Authority is authorized to execute the Indenture, to assign the Note to the Trustee under the Indenture and to issue the Series of Bonds pursuant to the Indenture. DOCSLA1:440378.1 40929-320 3 (e) The Local Agency shall provide the required Payment Account Deposit Certification (upon a request therefor) in accordance with Section 5.06 of the Indenture. (f) The Local Agency has not issued and will not issue any obligation or obligations, other than the Note, to finance the working capital deficit for which the Note is being issued ,Section 7. C'onditionc Precedent to the Clinging Conditions precedent to the Closing are as follows: (a) The execution and delivery of the Note consistent with the Resolution. (b) Delivery of a legal opinion addressed to the Local Agency (with a reliance letter addressed to the Authority and the Underwriter), dated the date of closing of Bond Counsel with respect to the validity of the Bonds in form and substance acceptable to the Authority and the Underwriter. (c) Delivery of a legal opinion, dated the date of Closing, of counsel to the Local Agency, with respect to the due authorization, execution and delivery of the Note, in form and substance acceptable to Bond Counsel. (d) Approval by the Credit Provider of the credit of the Local Agency and inclusion of the Local Agency's Note in the assignment, together with notes of other Issuers, to a Series of Bonds, to secure the Series of Bonds, which approval in the event the Credit Instrument is the Reserve Fund shall be evidenced by the issuance of an "SP- l+" rating with respect to the applicable Series of Bonds by Standard & Poor's Ratings Services. (e) Delivery of each certificate, document, instrument and opinion required by the agreement between the Authority and the Underwriter for the sale by the Authority and purchase by the Underwriter of the Series of Bonds to which the Pooled Note is assigned. (f) . Delivery of such other certificates, instruments or opinions as Bond Counsel may deem necessary or desirable to evidence the due authorization, execution and delivery of documents pertaining to this transaction and the legal, valid and binding nature thereof or as may be required by the Credit Agreement, as well as compliance of all parties with the terms and conditions thereof. ,Sertinn & Fventc Permitting the Authority to Terminate The Authority may terminate its obligation to purchase the Note at any time before the Closing if any of the following occurs: (a) Any legislative, executive or regulatory action (including the introduction of legislation) or any court decision which, in the judgment of the Authority, casts sufficient doubt on the legality of obligations such as the Note, and the tax-exempt status of interest on obligations such as the Bonds, so as to impair materially the marketability or to reduce materially the market price of such obligations; (b) Any action by the Securities and Exchange Commission or a court which would require registration of the Note, the Bonds or any instrument securing the Note or Bonds under the DOCSLA I :440378.1 40929-320 4 Securities Act of 1933, as amended, in connection with the public offering thereof, or qualification of the Resolution or the Indenture under the Trust Indenture Act of 1939, as amended; (c) Any restriction on trading in securities, or any banking moratorium, or the inception or escalation of any war or major military hostilities which, in the judgment of the Authority, substantially impairs the ability of the Underwriter to market the Bonds; or (d) The Underwriter terminates its obligation to purchase the Series of Bonds to which the Note is assigned pursuant to its agreement with the Authority for the purchase of such Series of Bonds. Neither the Underwriter nor the Authority shall be responsible for the payment of any fees, costs or expenses of the issuance, offering and sale of the Local Agency's Note except the Underwriter shall be responsible for California Debt and Investment Advisory Commission fees and for its own internal costs. The fees, costs and expenses that are categorized in the "Costs of Issuance" definition in the Indenture shall be paid from the Costs of Issuance Fund. The Local Agency shall pay any additional costs attributable to it as set forth in the Resolution other than the fees, costs and expenses so payable from the applicable Costs of Issuance Fund. Section 9 indemnification. To the extent permitted by law, the Local Agency agrees to indemnify and hold harmless the Authority and the Underwriter and each person, if any, who controls (within the meaning of Section 15 of the Securities Act of 1933, as amended, c, of Section 20 of the Securities Act of 1934, as amended) the Authority or the Underwriter, and the officers, directors, agents and employees of the Authority and the Underwriter against any and all losses, claims, damages, liabilities and expenses arising out of any statement or information in the Preliminary Official Statement or in the Official Statement (other than statements or information regarding an Issuer other than the Local Agency) that is untrue or incorrect in any material respect or. the omission or alleged omission therefrom of any statement or information (other than statements or information regarding an Issuer other than the Local Agency) that should be stated therein or that is necessary to make the statements and information therein not misleading in any material respect Section 10 Credit Agreement The Local Agency shall comply with all lawful and proper requests of the Authority in order to enable the Authority to comply with all of the terms, conditions and covenants binding upon it under the Credit Agreement. Section 11 Notices Any notices to be given to the Underwriter under the Purchase Agreement shall be given in writing to Lehman Brothers, Inc., 1100 Glendon Avenue, Suite 1101, Los Angeles, CA 90024, Attention: Mr. Kevin O'brien. Any notices to be given to the Authority under the Purchase Agreement shall be given in writing to the Authority, 1100 "K" Street, Suite 101, Sacramento, CA 95814, Attention: Secretary. ,Section 1? No Assigpment The Purchase Agreement has been made by the Local Agency and the Authority, and no person other than the Local Agency and the Authority or their successors or assigns and the Underwriter shall acquire or have any right under or by virtue of the Purchase Agreement. All of the representations, warranties and agreements contained in the Purchase Agreement shall survive the delivery of and payment by the Authority for the Note and any termination of the Purchase Agreement. DOCSLA I :440378.1 40929-320 5 Section 11 Applicable Taw The Purchase Agreement shall be interpreted, governed and enforced in accordance with the laws of the State of California. Section 14 Fffectivenecc The Purchase Agreement shall become effective upon the execution hereof by the Authority and execution of the Pricing Confirmation by the Local Agency, and the Purchase Agreement, including the Pricing Confirmation, shall be valid, binding and enforceable from and after the time of such effectiveness. ,Sertinn 15 $ everahility In the event any provision of the Purchase Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Berton 16 Headings Any headings preceding the text of several sections hereof shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. DOCSLA1:440378.1 40929-320 6 Seefinn 17 Fxerntinn in f'nrmtcrpnrtc This Purchase Agreement may be executed and entered into in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Purchase Agreement to be executed by their duly authorized representatives as of the Purchase Date set forth in Exhibit A attached hereto and incorporated herein. CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY By Member of the Commission of the Authority DOCSLAI:440378.1 40929-320 7 FXHIRTT A Pricing Confirmation Supplement Local Agency: City of National City Pricing Information Principal Amount of Note: Interest Rate on Note: Re -Offering Yield: Purchase Price Default Rate: Purchase Price: Less: Cost of Issuance: Credit Enhancement: _% Deposit to Note Proceeds Account: Important Dates Resolution Date of Local Agency: Purchase Date: Closing Date: Maturity Date: Interest Payment Date(s): Note Payment Deposit Date: First Pledge Month Ending: Pledge Amount: Pledge Percentage: Second Pledge Month Ending: Pledge Amount: Pledge Percentage: Investment Agreement Information GIC Provider Long Term Ratings (S&P/Moody's) Short Tenn Credit Ratings (S&P/Moody's) Interest Rate on GIC DOCSLAI:440378.1 40929-320 A-1 * By initialing the box at the end of this paragraph, the undersigned Local Agency certifies that, in connection with the issuance of the Note under the Resolution and after reasonable inquiry, it is the reasonable expectation of the Local Agency that the aggregate amount of all tax-exempt obligations (excluding private activity bonds) issued or to be issued by the Local Agency during the 2003 calendar year, including the Note, all other notes and bonds, and all tax-exempt leases, executed or delivered during the 2003 calendar year will not exceed $5,000,000 (See Section 3.8 of the Certificate of the Local Agency if the Local Agency is unable to make this certification). Investment Alternative - Initial the appropriate box relating to the investment of proceeds received from the issuance and delivery of the Local Agency's Note: Yes, the undersigned directs the Trustee to invest the proceeds received from the issuance and delivery of the Local Agency's Note in the Guaranteed Investment Contract described on page A 1. No, do not invest the proceeds received from the issuance and delivery of the Local Agency's Note in the Guar.nteed Investment contract. Initial One Env Yes IN WITNESS WHEREOF, the Purchase Agreement, including this Pricing Confirmation, is agreed and accepted to on the Purchase Date set forth above. CITY OF NATIONAL CITY By: Authorized Representative Print Name of Person Signing * Please initial the box only if applicable to the Local Agency. DOCSLA 1:4403 78.1 40929-320 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 6, 2003 AGENDA ITEM NO. 10 ITEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT THE 7 DIAS MARKET AT 151 N. HIGHLAND AVENUE, IN HIGHLAND VIEW TOWNE CENTER (APPLICANT: ANDY HANNA) (CASE FILE NO. CUP-2003-1) PREPARED BY Roger Post,(�336-4310 DEPARTMENT Planning EXPLANATION The Council voted to approve this item at the April 15, 2003 public hearing. The attached resolution is necessary to follow through on the action. Environmental Review X N/A Categorical Exemption /Financial Statement N/A Approved By® Finance Director Account No. 'STAFF RECOMMENDATION Adopt the attached resolution. BOARD I COMMISSION RECOMMENDATION N/A (ATTACHMENTS ( Listed Below) Resolution No. 2003-60 Resolution A-200 (9 99) RESOLUTION NO. 2003 — 60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT THE 7 DIAS MARKET AT 151 NORTH HIGHLAND AVENUE, IN HIGHLAND VIEW TOWNE CENTER APPLICANT: ANDY HANNA CASE FILE NO. CUP-2003-1 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at the 7 Dias market at151 North Highland Avenue, in the Highland View Towne Center at the regularly scheduled City Council meeting of April 15, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2003-1 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on April 15, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing market has ample room available for the incidental sale of beer and wine. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is already developed as a market and has adequate access via North Highland Avenue/43rd Street, an arterial, and the applicant has stated that the majority of his customers live nearby and walk to the market. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the hours of operation, the size and types of containers, and loitering and drinking on the premises. Resolution No. 2003 — 60 May 6, 2003 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the addition of beer and wine sales will allow the applicant to provide a wider range of products, similar to larger chain supermarkets, and the new use will allow local customers to complete their shopping at one store rather than having to go elsewhere to purchase alcohol. 5. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer and wine for off - site consumption within a 3,000 square foot market, and shall conform with Exhibit A, Case File No. CUP-2003-1, dated January 15, 2003, except as modified by conditions of approval. 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, Sections 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. Approval of this permit shall allow the sale of beer and wine for off - site consumption only, the sale of all other alcoholic beverages at the site shall not be allowed in any form. 4. The sale of beer and wine shall be permitted only between the hours of 8:00 a.m. and 11:00 p.m. 5. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 6. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 7. No wine shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 8. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Wine sold shall have corked bottles, not screw -off caps. Resolution No. 2003 — 60 May 6, 2003 Page Three 9. Permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 10. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 11. All cups and containers shall be sold.at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be ;riven free of charge. 12. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 13. The display of beer and wine shall be limited to an area in substantial conformance with Exhibit A, Case File No. CUP-2003-1, dated January 15, 2003. 14. Containers of beer and wine may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 15. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 16. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of beer and wine and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 17. The quarterly gross sales of beer and wine shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of beer and wine and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. Resolution No. 2003 - 60 May 6, 2003 Page Four 18. No coin operated amusement devices shall be operated on the licensed premises. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.1 16.190 of the Municipal Code. 20. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 21. This Conditional Use Permit shall expire two years from the date of adoption of this resolution. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 6th day of May, 2003. Nick lnzunza, Mayor ATTEST: ' APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, Ill, City Attorney MEETING DATE May 6, 2003 City of National City, California C U C ILA E A STATE E T AGENDA ITEM NO, 11 TEM TITLE Bilingual Translation Services at City Council Meetings - Temporary Trial Review PREPARED BY Ryan Hyland Management SA alyst, Phone: 336-4240 EXPLANATION DEPARTMENT City Manager At the February 4, 2003, City Council Meeting, Council directed Staff to implement a test of Spanish translation services to be offered during City Council Meetings. Staff worked with Veronica Serrano and these services were offered, at no cost to the City, during Council meetings in March and April. During this trial period Ms. Serrano surveyed users and those survey results and are included in her Assessment report which is attached. The trial period went smoothly and was valuable in both assessing the need for the service, and also assessing technical issues associated with translation services. The service was used 41 times during the two month trial. The breakdown of this usage is outlined in the attached report from Ms. Serrano. Technical issues that arose during the trial included battery failures and distractions caused to other meeting attendees by the translators voice. Staff feel that the probler. encountered during the trial period could be remedied with changes to equipment and procedures. Environmental Review ✓ NIA Financial Statement Specific costs to implement are unknown at this time. Account No. STAFF RECOMMENDATION Direct Staff to return during FY 03-04 Budget Review with specific program recommendations and budget impacts on providing a similar service on a permanent basis. BOARD I COMMISSION RECOMMENDATION N/A HATTACWMENTS Listed Below ) Assessment provided by Veronica Serrano Resolution No. A-200 (9/80) Spanish Interpretation Services Assessment Resits from ae two wowa triae/rerniod o jf 84taI /Kter/i, eetatiaK ge/`uices at NatioKa/Citk Citr� Cocurage, p lisnessraee aad ser°aices firwaided bid; Partners for Prevention Keppe-6�; Veronica A. Serrano SDSU Foundation- Por La Vida 6505 Alvarado Road Suite 205 San Diego CA 92120 vserrano@projects.sdsu.edu 619/594-7467 619/594-4861 fax A two -month trial period of bilingual interpretation services was conducted in National City to determine both the need and effectiveness of providing Spanish interpretation during City Council meetings. Services were made available at the following meetings: March 4, 2003 March 18, 2003 April 1, 2003 April 15, 2003 Partners for Prevention was responsible for the following: I. Providing Interpretation Equipment, II. Providing volunteers to deliver the services, III. Securing User Signatures, & IV. Conducting User surveys I. EQUIPMENT The equipment was provided by the County of San Diego Department of Health and Human Services at no cost to either Partners for Prevention or the city of National City. The equipment consisted of 24 radio receivers, 20 headsets, 24 batteries, and 1 main headset/transmitter. The equipment was compatible to existing sound equipment used in the council chambers. Future provision of these services should consider the need for maintenance of such equipment (e.g.- replacement of used batteries). II. VOLUNTEERS A total of four volunteers were used to carryout particular needs during this trial period. Two bilingual volunteers provided the simultaneous translation during the city council meeting. The original agreement was to provide English to Spanish interpretation to meeting attendees who preferred to hear the meeting in Spanish. A need for Spanish to English interpretation arose throughout the trail period, where the two volunteers also became responsible for back translation to the larger audience (English speaking attendees, city staff, and city council members). The other two identified volunteers assisted distributing the equipment, sign-up sheets, and surveys. III. USERS A total of 41 meeting attendees used the Spanish interpretation services. Meeting Date # of Users March 4, 2003 7 March 18, 2003 7 April 1, 2003 12 April 15, 2003 15 IV. SURVEY RESULTS First time users of the interpretation services were asked to fill out a survey upon the return of the equipment. A total of 12 users participated in filling out the survey. • 100% of participants reported Spanish as the dominant language spoken in their home. • Previous number of meetings attended in the past ranged from 0-6+. • 25% of participants had previously attended only 1 meeting. • 50% of participants had previously attended over 6 meetings. • 33% reported language as a barrier to attending a city council meeting. • 33% reported a lack of information re: the city council meetings as a barrier to attending. • 25% of participants heard about the meeting they attended from a friend. • 75% of participants heard about the meeting they attended from an organization, identified as Por la Vida or MANA). • 11 people commented on a particular issue that interested them at the specific meeting they attended. Fecha 3 mes / 2/' / 2003 Por La Vida - Southbay Partnership - - Partners for Prevention - koufh Bay artnersh!p LISTA DE ASISTENCIA /iy L t,aveic Evento: Lugar: /N/A770 v,91 L 1i Ty 1. Se SUS ) vo--c'l-' Q... 15 2. 3. (/1 f7 s. 4L (--(1CC. 6. 7. v//% ln O,^nr071, C10 16. 17. 18. 19. 20 21. 8. 22. ,2ow/c'A F,P,e.4✓o (Aviva) 9. 23. 10. 11. 12. 13. 14. Ninera Ninera 24. 25. 26. 27. 28. v5f2 5 # de ninos # de ninos # de horas # de horas Por La Vida - Southbay Partnership - - Partners for Prevention - ouch Bay artnership 7QANsLAra,. LISTA DE ASISTENCIA Fecha 1 mes/ /9 / 2003 Evento: /7-Y pv ve-W.- 1t 72w Lugar: 44 7 /A.4- (7Tv 1. /ft) 4. 15. 16. 17. 18. 5. 19. Hari& Es 4'6 O/A 6• V 20 !to/✓, 4 - i/2/Z4 vc) 7. ,, ,� :� ,�//'j//�///I� 21. 8. 7'114 a' *0 14 na""t 9. 23. 22. 10. 24. 11. 25. 12. 26. 13. 27. 14. 28 js3 e S 7 Niiiera # de niiios # de horas Nifiera # de ninos # de horas Por La Vida - Southbay Partnership - - Partners for Prevention - kouth Boy urtnershep LISTA DE ASISTENCIA Fecha `Y mes l 1 / 2003 1. 1 110 4. /94 /( �l �, Evento: L /Tr bv'it £f %' Lugar: /V4 %/a,v4z: 15. 16. 17. 18: 19. 6. 20 /rn?e1A ERE s a vI,1 7. 21. C79 rlio 8. 22_ ..n.4 al-LA..+1 9. 23. 10. tZekirr-ei Ira 11. J C Z 12. /~] 13. et44,0kAi�d�Z�l 23-7 cr/ 24. 25. 26. 27. 28. vSEW 5 = 72 Nifiera # de nifios # de horas Nifiera # de ninos # de horas Por La Vida Southbay Partnership - - Partners for Prevention- 4 outhBoy artnersh!p LISTA DE ASISTENCIA Fecha A6r i I mes l 15 / 2003 Evento: C /Ty Lugar: /i% 777o v a L. ry 47%z 3. (Alta lit._ 4. 5NVVO ATICO U.UM 4-1 org cT 10. Mgt?' 7 &/j Es' si /i109 . -et-e-c,C 14. �letrIet- 6q --.ed41,g6 Ninera Ninera 15. -.6 Lean 16. 17. 18. 19. 20 21. 22. 23. 24. 25. 26. 27. 28. 7-1 vsre/5— # de ninos # de ninos # de horas # de horas Fecha: 3 (mes)K` (aia) /2003 lniciales: e.� .c., Encuesta de Evaluacion 1. LQue idioma se habla mas en su casa? �. espanol b. ingles c. otro idioma: 2. LA cuantas juntas del concilio ha asistido anteriormente? a. 0 b. 1 c. 2 d. 3 e. 4 f. 5 g• 6+ 3. LSi nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? a. Barreras con el idioma ingles o b. Falta de informacion sobre las juntas ® c. Falta de transportacion O d. Otra razon: 4. ,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto e. Por un/a amigo/a f. Por una organization: Po,- vj cie&, g. En el trabajo 5. LHubo al . ' tema de interes por el cual asistio a esta junta? I a. O LCual?: . Ju Les e . ) cks eSGuo.ln.s -LAP-- &V h-esctr o-! CooGL (i 7 b. o ' roue° 6. zAlguna sugerencia 6 comentario para el mejoramiento de estas juntas? s i�•,eT.7 & rz) IV-,C) Lr , lanc-1 [Ad P_ r 2 e( f -or AS U 4' Fecha: ,� (mes)/ y (dia) /2003 Iniciales: ,Ei,/frGG Encuesta de Evaluacion 1. 1,Que idioma se habla mas en su casa? espanol b. ingles c. otro idioma: 2. LA cuantas juntas del concilio ha asistido anteriormente? a. 0 b. 1 c. 2 d. 3 e. 4 f.�5 g. 6+ 3. j,Si nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? '1) Barreras con el idioma ingles O b. Falta de informacion sobre las juntas O c. Falta de transportacion © d. Otra razon: 4. /,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto e. Por un/a amigo/a Por una organization: fie g. En el trabajo 5. 1,Hubo al a. { b. No raVI tema de interes por el cual asistio a esta junta? oAt o ± rcr hcciavn A7c' es ,7 b o .Ter Pic .1Cc-d, co44 c:Li.,,c.c£ozA-• a qc rc(1. 6. zAlguna sugerencia 6 comentario para el mejoramiento de estas juntas? fv�2 s.Jg e®Co- cfc0 9i 4 tf.S'II_L Fecha: 13 (mes Iniciales: Encuesta de Evaluaeion 1. e idioma se habla mas en su casa? \ espanol . ingles c. otro idioma: 2. ?IA cuantas juntas del concilio ha asistido anteriormente? a. 0 b. 1 c. 2 d. 3 e. 4 f g•� ia) /2003 3. ,Siinunca ha asistido a una junta del concilio de la cuidadl, cuales son las razones? 0 a. Barreras con el idioma ingles 0 b. Falta de informacion sobre las juntas 0 c. Falta de transportacion O d. Otra razon: 4. ,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto e. Por un/a amigo/a '/ (� f.. Por una organizacion: tom, ,et g. En el trabajo 5. e,Hubo final n tema de inters por el cual asi do a esta j ta? a. �', ���i z,Cual?: @Sf r -. EliL�y'o�f/-o %6 .7'® v k b. "iV of Se h 0...0 /a- Co /Pc u iti / c/ o_e t• . "_ r N 6 1,Alguna sugerencia o comentario para el mejoran}i to de estas juntas? pis ,,,reS N.6; e (a-y00s.1/2« 110ev P-7, (4 �A es . elm_ ,,L)y 05rfu7-a / se `t)e� •e A 0--2-D/ Fecha: (mes)� 7 (aia) /2003 Iniciales: i`f 7`. Encuesta de Evaluacion 1. zQue idioma se habla mas en su casa? Qa espanol b. ingles c. otro idioma: 2. LA cuantag juntas del concilio ha asistido anteriormente? a. 0 b. 1 c.2 d. 3 e. 4 f. 5 g: 6+ 3. 1,Si nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? O a. Barreras con el idioma ingles o b. Falta de informacion sobre las juntas O c. Falta de transportacion O d. Otra razon: 4. ,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto e. Por un/a amigo/a 0 Por una organizacion: g. En el trabajo 5. zHubo algun tema de inters por el cual asistioa esta junta?u1 a. Si. •,Cua1?: FL N L IO /V L I U Ki n,4 / j �s c boo (. b. o LuZ 6. LAlguna sugerencia o comentario para el mejoramiento de estas juntas? ()u F_ Si Co /li 1.4 7`M fi- (VC C t'o il/ Fecha: , 3 (mes' (dia) /2003 Iniciales: /,4 Encuesta de Evaluacion 1. j,Que idioma se habla mas en su casa? espafiol b. ingles c. otro idioma: 2. LA cuantas juntas del concilio ha asistido anteriormente? a. 0 b. 1 b c. 2 d. 3 e. 4 f. 5 g•� 3. ,Si/nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? O a. Barreras con el idioma ingles 0 b. Falta de information sobre las juntas c. Falta de transportacion d. Otra razon: 4. ,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto e. Por un/a amigo/a Por una organization: r 7, g. En el trabajo 5. LHubo algun tema de inters por el asisfio a es9 juntas a ':Si. LCual?:30fms-P P /1-1,r ..e �.J7', Pt/( c( b. No �`?' /s'6�- 6. LAlguna sugerencia 6 cc/ rent o par el mejoramiento de estasjunt as? ye e,i -t"f n(P� c =et s .y7 ,� )Wef /r�r ifa- s ,-5, Fro yr,P c.- nT/ dc( ' art" der �/ S Fecha: 3 (mes)/ y (dia) /2003 Iniciales: Encuesta de Evaluacion 1. /,Que idioma se habla mas en su casa? , espanol b. ingles c. otro idioma: IA cuantas juntas del concilio ha asistido anteriormente? a. 0 b. 1 c. 2 d. 3 e. 4 f. 5 V 6+ 3. 1,Si nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? a. Barreras con el idioma ingles O b. Falta de informacion sobre las juntas O c. Falta de transportacion p d. Otra razon: 4. /,Como se entero de la junta de hoy? a. . Radio b. Television c. Periodico d. Folleto e. Por un/a amigo/a Por una organizacion: eo R- 1- V 1, g. En el trabajo 5. 1,Hubo algim tema de interes por el cual asistio a esta junta? Qa Si. ,Cual?: (� SeQcr, triad eh el crr,e_.,, -a._ G t°'3 b. No d-+w, e. r C Qoai 6. /,Alguna sugerencia 6 comentario para el mejoramiento de estas juntas? Sj, rr.e dro 046 . C."c' U oIt +0ac.s /05 car,.bias ro-re-- wr:�s4r0_ c- 0,4 . a< ivra4tp..c( e,Jy �( as-�ae(o for t1e3 eS(� co.„Jed e( 41 (d4. y C�,S i-uc dei , et C'ccX(1.4 dc.. C ccrd- till- 0 .5 Cr a po .s r �.ver �', Y c CCi avv e y, int7 "-? Fecha: 3 Ones)/ S(dia) /2003 Iniciales: Encuesta de Evaluacion 1. zQue idioma se habla mas en su casa? C espanol b. ingles c. otro idioma: 2. ,A cuantas junta' del concilio ha asistido anteriormente? a. 0 b. 1 c. 2 d. 3 e. 4 £ 5 6+ 3. 1,Si nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? O a. Barreras con el idioma ingles O b.. Falta de informacion sobre las juntas O c. Falta de transportacion D d. Otra razon: 4. 1,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto e. Por un/a amigo/a Por una organizacion: Pa/ LA Vl g. En el trabajo 5. 1,Hubo algun tema de inters por el cual asistio a esta junta? Gi Si. ,Cnal?: A,- 2 i -0 -'a 01--c /o S CGpi6,'as b. No Dora u4, ,74. J 6. z,Alguna sugerencia o comentario ara el mejoramiento de estas juntas? QG c/cr hc.r pnp0- pc- V6J o /))ai -u , ,Soh,--.e / S - - . S' • Fecha: %leo/ / dia /2003 Iniciales: A Encuesta de Evaluacion (142 1. iQue idioma se habla mas en su casa? ry espanol b. ingles c. otro idioma: 2. LA cuantas juntas del concilio ha asistido anteriormente? a. 0 b. 1 c. 2 d. 3 e. 4 f. V g. 6+ 3. z,Si nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? Barreras con el idioma ingles Q b. Falta de informacion sobre las juntas O c. Falta de transportation t2 d. Otra razon: 4. 1,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto e Por un/a amigo/a Por una organi acion: g• En el trabajo ear clej. 5. z,Hubo algun tema de interes por el cual asistio a esta junta? a. Si. 1,Cual?: 2 No. 6. zAlguna sugerencia 6 comentario para el mejoramiento de estas juntas? 7-0 a Err 7' 9cIp.L. /.�-� �2�i ,4 4 ��, r rp�.u4 e� LcU7 t`�c 9.U-2 lPlf �'/ € f i-G..p aL- 6P 01%7' c." p Fecha: (ines)/ $tale /2003 Iniciales: Encuesta de Evaluacion 1. LQue idioma se habla mas en su casa? espanol ingles c. otro idioma: 2. IA cuantas juntas del concilio ha asistido anteriormente? a. 0 ,1 c. 2 d. 3 e. 4 f. 5 g. 6+ 3. 1,Si nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? 1 a. Barreras con el idioma ingles 1 Falta de informacion sobre las juntas O c. Falta de transportacion d. Otra razon: 4. 1,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto �'• or un/a amigo/a f. g• 5. /,Hubo a. b. No Por una organizacion: En el trabajo n tema de inters por//el cual asistio a esta junta? pp /,Cual?: 1 /� [ tom-' p 7 �> ��Z i / c i (~\ 6. zAlguna sugerencia o comentario para el mejoramiento de estas juntas? I Fecha: L/ (mes)/ I (dia) /2003 Iniciales: Encuesta de Evaluacion 1. /,Que idioma se habla mas en su casa? Ua espanol b. ingles c. otro idioma: 2. zA cuantas juntas del concilio ha asistido anteriormente? a. @ 0 b. 1 c. 2 d. 3 e. 4 f. 5 g. 6+ 3. 1,Si nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? 0 a. Barreras con el idioma ingles 0 Falta de informacion sobre las juntas p c. Falta de transportacion Q d. Otra razon: 4. 1,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto e. Por un/a amigo/a Por una organizacion: (7 U�� p �� %i c/i-y� f g. En el trabajo 5. j,Hubo algun tema de interes por el cual asistio a esta junta? ` a. Si. ,Cual?: 1./i e y�U S r.(Qir 7 u.e e,(- - p a41c r7 P.va b. No 60/44 um Ida. p a-1(G y 6. allguna suger,encia o comentario para el mejoramiento de estas juntas? 1.4(see-7c( Sal(c.v /mac sch 'e]oj pyt dcz11tas rCA.vl1n t of ?c,c12_ i7 P1i1, P.vL Ej-(a row u_1/7 aa`/a Encuesta de Evaluation 1. 1,Que idioma se habla mas en su casa? espanol b. ingles c. otro idioma: Fecha: / (mes)/ (dia) /2003 Iniciales: C 2. cuantas juntas del concilio ha asistido anteriormente? a. 0 Z b. 1 c. 0 d. 3 e. 4 f. 5 g. 6+ 3. LSi nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? O Barreras con el idioma ingles Falta de informacion sobre las juntas Q c. Falta de transportacion O d. Otra razon: 4. 1,Como se entero de la junta de hoy? a. Radio b. Television h) c. Periodico d. Folleto Por un/a amigo/a r Por una organizacion: g. En el trabajo 5. ?,Hubo aun tema de interes por el cual asistio a esta junta? No z,Cual?: P� •� t , $ Z. - 510.s a. SGn 6. 1,Alguna sugerencia o comentario para el mejoramiento de estas juntas? Fecha: y (mesh/ 1 (dia /2003 Iniciales: 6. ,. Encuesta de Evaluation 1. zQue idioma se habla mas en su casa? a. espano b. mg es c. otro idioma: 2. gA cuantas juntas del concilio ha asistido anteriormente? a. 0 c. 2 d. 3 e. 4 f. 5 g. 6+ 3. zSi nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? a. : arreras con el idioma ingles b. Falta de information sobre las p c.' Falta de transportation (� d. Otra razon: 4. 1,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto e. Por un/a amigo/a f. Por una organization: g. En el trabajo eiffP, fitilia) (Mo/pla-- 5. 1,Hubo algun tema de interes por el cual asistio a esta junta? a. Si. 1,Cual?: b. No 6. zAlguna sugerencia 6 comentario para el mejoramiento de estas juntas? Fecha: _L(mes�/ )a /2003 Iniciales: M Encuesta de Evaluacion 1. LQue idioma se habla mas en su casa? espafiol b. ingles c. otro idioma: 2. IA cuantas juntas del concilio ha asistido anteriormente? a. 0 b. 1 c. 2 d. 3 e. 4 fe. 5 g. 6+ 3. 4Si nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? 0 a. Barreras con el idioma ingles 0 b. Falta de informacion sobre las juntas p c. Falta de transportacion d. Otra razon: 4. 1,Como se entero de la junta de hoy? a. Radio b. Television ] c. Periodico d. Folleto Por un/a amigo/a f. Por una organizacion: g. En el trabajo 5. /,Hu,o al a. b. No tema de interes por el cual asistio a esta junta? ..{ 1,Cual?: inierrr�.lfe �sr�V-10L pet nriso f�'()s-rz Se n Nillvrl,`0 6. 4Alguna sugerencia o comentario para el mejoramiento de estas juntas? (-N2UC 6A 2.1q Du Cr on./ Fecha: ones)/ olio /2003 Iniciales: C j S. Encuesta de Evaluacion 1. LQue idioma se habla mas en su casa? espanol b. ingles c. otro idioma: 2. LA cuantas juntas del concilio ha asistido anteriormente? a. 0 1 c. 2 d. 3 e. 4 f. 5 g• 6+ 3. 1,Si nunca ha asistido a una junta del concilio de la cuidad, cuales son las razones? a. Barreras con el idioma ingles 1 p b. Falta de informacion sobre las juntas p c. Falta de transportacion d. Otra razon:f ?R /1'R co iv zA/GL_ �T 4. 1,Como se entero de la junta de hoy? a. Radio b. Television c. Periodico d. Folleto Por un/a amigo/a f. Por una organizacion: g. En el trabajo 5. z,Hubo algun tema de inters por el cual asistio a esta junta? a. Si. 1,Cual?:. trim / f o /9 1- f' P C72 dr r, A'77:)yi, b. No . zAlguna sugerencia 6 comentario para el mejoramiento de estas juntas? 21C S/ 6/1 Z ig 7)09 JD(,CC / aPL-- Fecha: a, (dia) /2003 Iniciales: - COMMENTS a -eliguyi Ae.tivilcittetatt,, ski lo try dig+ 44‘e, atitei w.s --1-1A.et( va-as 4A-1 \AAA1i1. \wad -ikaix oat rf lei k2L kesf IY e4V1C1 atn elinnannt.t inroit u\ei i9c. Pt.cf ei-)) re, 4ige,-1,-tIctt-- 4?Verqtr,-i041) ille-C4A03 tGIWairq 6±- ---}frlostafi di\ 0 Fecha: 3 (mes)/ /$ (dia) /2003 Iniciates: CjC COMMENTS J 1-e/ hiAtaal:g r,r4, /4.z �. �� 2 i Fecha: 14 (mes)/ / (dia) /2003 Iniciales: COMMENTS /61/44 -e L I C Oeuei L /14 -e tfiy90 re -Pk-) P p41_1z ()L.) ck_s c N yet, tut G, t ©cJ L4 Lt. (ram-( 4 S ri7L (Av ,Zc 4, coo c- Lc( -L �v 6 /(. e C cr8 �-��-- MEETING DATE May 06, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 12 ITEM TITLE PREPARED BY EXPLANATION WARRANT REGISTER #41 R. Palazo DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #41 per Government Section Code 37208. Financial Statement Not applicable. STAFF RECOMMENDATION Approved Y. nance Account No. I recommend ratification of these warrants for a total of $ 1,295,619.18. BOARD I COM ISS N RECOMMENDATIO ATTACHMENTS Listed Below 1. Warrant Register #41 2. Workers Comp Warrant Register dated 04/09/03 3. Payroll Warrant Register dated 04/09/03 A-200 (9 99) Resolution No. MEETING DATE May 06, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO 13 ITEM TITLE PREPARED BY EXPLANATION WARRANT REGISTER #42 R. Palazo DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #42 per Government Section Code 37208. Environmental Review Financial Statement Not applicable. N/A. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 299,417.24. BOARD / COMM SION RECO E DATION ATTACHMENTS Listed Below ) 1. Warrant Register #42 2. Workers Comp Warrant Register dated 04/1603 Re titian No. A-200 (999) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 06, 2003 AGENDA ITEM NO, 14 ITEM TITLE WARRANT REGISTER #43 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #43 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By Finance Direct AC count No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,236,008.55. BOARD / COMMISSION RECO E ATI ATTACHMENTS ( Listed Below ) 1. Warrant Register #43 2. Workers Comp Warrant Register dated 04/23/03 3. Payroll Warrant Register dated 04/23/03 Resolution �2e8o A-200 (9'99) MEETING DATE May 6, 2003 l City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 15 ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF JANUARY 30, 2003 PREPARED BY ALISON HUNTER x 4332 ' DEPARTMENT FINANCE-MARYLOU MATIENZO EXT. 4330 EXPLANATION FOR THE CITY COUNCIL'S INFORMATION AND IN COMPLIANCE WITH THE CITY'S INVESTMENT POLICY, THE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF JANUARY 30, 2003 IS HEREBY SUBMITTED. THIS REPORT REFLECTS flit COMPONENTS OF THh INVESTMENT PROGRAM FOR THE PERIOD THEN ENDED. I'Hh INVESTMENT PORTFOLIO PROVIDES FOR SUFFICIENT LIQUIDITY TO MEET THE FOLLOWING MONTH'S ESTIMATED EXPENDITURES. Environmental Review Financial Statement NOT APPLICABLE NIA STAFF RECOMMENDATION WE RECOMMEND THAT THE REPORT BE ACCEPTED AND FILED. BOARDICO CONCUR: ISSION PECOM ENDATION ATTACHMENTS ( Listed Below ) I. CASH ACCOUNT SUMMARY 2. INVESTMENT BY BROKERS �3. PORTFOLIO MANAGEMENT 4. ACTIVITY REPORT A-200 (9r59) Approved Maryl a ieenzo Account No. ResolutionNo. 5. CONSOLIDArhU CASH REPORT 6. MONTHLY STATEMENT OF RECEIPTS 7. MONTHLY STATEMENT OF DISBURSEMENTS 8. POOLED INVESTMENT TRANSACTIONS REPORT CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 30-Jan-03 REVOLVING CASH RETURNED CHECKS BANK OF AMERICA #80200 OUTSTANDING WARRANTS PAYROLL OUTSTANDING WARRANTS CASH HELD BY BROKERS INVESTMENTS LAIF TOTAL INVESTMENT EARNINGS HISTORY: FISCAL YEAR 2002-03 2001-02 2000-01 1999-00 1998-99 1997-98 1996-97 1995-96 1994-95 1993-94 1992-93 1991-92 1990-91 1989-90 1988-89 1987-88 1986-87 1985-86 BALANCE $ 3,373.33 9,742.48 1,883,903.52 (386,517.44) (65,376.89) 105,935.64 13,604,944.70 25,676,190.59 $ 40,832,195.93 YEAR-TO-DATE 484,359.00 $ 1,500,216.86 $ 2,642, 502.96 1,841,539.16 1,702,889.57 1,478,232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864,052.63 1,303,878.52 1,544,993.71 1,311,930.94 979,435.87 1,048,978.23 1,321,688.93 TOTAL YEAR 0.00 1,500,216.86 2,642,502.96 1,841,539.16 1, 702, 889.57 1,478,232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864,052.63 1,303,878.52 1,544,993.71 1,311,930.94 979,435.87 1,048,978.23 1,321,688.93 SymPro City of National City Investments by Brokers Investments Purchased From Finance 500 Inc January 31, 2003 City of National City Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,000.00 99,000.00 2.750 2.712 2.750 08/09/2004 555 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/04/2004 642 063285AD2 10755 Bank of Little Chute 08/07/2002 99,000.00 99,000.00 99,000.00 2.800 2.761 2.800 08/06/2004 . 552 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 4.043 4.100 06/07/2004 492 177707ACO 10702 City Bank 05/15/2002 95,000.00 95,000.00 95,000.00 4.900 4.832 4.900 05/15/2007 1,564 254678898 10720 Discover Bank 06/12/2002 95,000.00 95,000.00 95,000.00 3.650 3.600 3.650 06/14/2004 499. 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 09/26/2006 1,333 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 95,000.00 95,000.00 4.850 4.783 4.850 05/15/2007 1,564 46146M8U2 10768 Investors Bank 09/03/2002 95,000.00 95,000.00 95,000.00 3.000 2.958 3.000 09/03/2007 1,675 633360A81 10756 National Bank Of Commerce 08/08/2002 95,000.00 95,000.00 95,000.00 2.800 2.761 2.800 08/09/2004 555 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.128 5.200 07/12/2004 527 74926DAN7 10758 RBC Centura NB 08/08/2002 74;000.00 74,000.00 74,000.00 3.000 2.958 3.000 08/08/2007 1,649 Subtotal and Average 1,135,000.00 1,135,000.00 1,135,000.00 3.746 3.798 951 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 Subtotal and Average 95,000.00 95,000.00 95,000.00 6.000 6.000 6.083 05/20/2004 474 95,000.00 95,000.00 95,000.00 6.000 6.083 474 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 74,790.18 100,000.00 100,000.00 6.760 15.582 15.798 02/11/2005 741 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.227 5.300 01/27/2004 360 0649999X5 10346 Bank One, Colorado 01/25/2000 74,790.18 100,000.00 100,000.00 6.760 15.581 15.797 01/13/2005 712 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,152.66 97,000.00 97,152.66 3.600 3.550 3.599 06/11/2004 496 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.276 5.350 01/28/2004 381 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 99,000.00 99,000.00 3.500 3.452 3.499 05/03/2004 457 258115AV6 10041 Doral FSB 12/10/1998 98,384.22 99,000.00 99,000.00 5.350 5.417 5.492 12/10/2003 312 90715-17243-619 10031 Farmers Bank 10/02/1998 75,948.98 100,000.00 100,000.00 5.650 13.580 13.769 10/02/2003 243 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.621 5.700 03/10/2004 403 10262 'Great South Texas Bank 09/15/1999 75,811.23 100,000.00 100,000.00 6.550 14.981 15.189 07/28/2004 543 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 4.832 4.900 04/30/2007 1,549 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.473 5.549 03/26/2004 419 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.473 5.549 03/26/2004 419 Run Date: 03/03/2003 - 13:10 Portfolio CNC CC DO (PRF_DD) SymRept VS 021. CUSIP Investment # Issuer City of National City Investments Purchased From Finance 500 Inc January 31, 2003 Purchase Date Book Value Par Value Page 2 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Negotiable/Transferable CDs 10329 60531-17951-1 10038 82668FCS4 10137 8649999X9 10347 10281 90331 V9X2 10353 6514-18844-1 10332 Bank of Mount Vernon Nations Bank (Barnett Bank) Signet Bank Success National Bank Upstate National Bank U S Bank NA Wilmington Trust Co 02/26/1999 12/01/1998 03/01/1999 01/31/2000 10/05/1999 02/04/2000 03/08/1999 Subtotal and Average 69,971.36 99,000.00 97,886.10 79,937.85 78,963.59 74,008.71 76,570.64 100,000.00 99,000.00 95,000.00 100,000.00 100,000.00 100,000.00 100,000.00 1,742,216.10 1,959,000.00 100,000.00 99,000.00 95,000.00 100,000.00 100,000.00 100,000.00 100,000.00 1,959,152.66 6.550 5.850 6.250 6.270 6.570 7.020 6.150 15.691 5.769 5.424 13.920 14.686 16.279 13.987 15.909 5.850 5.499 14.113 14.890 16.505 14.181 8.895 9.019 09/14/2005 956 08/03/2003 183 10/29/2003 270 01/31/2004 364 10/24/2003 265 02/03/2005 733 02/26/2004 390 500 Pass Through Securities 3133TGSG5 10637 31378PGY5 10126 Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. 11/30/1998 0.00 0.00 0.00 6.000 5.917 6.000 01/15/2013 3,636 12/01/1998 22,476.15 21,565.94 21,565.94 8.500 6.534 6.625 07/01/2003 150 Subtotal and Average 22,476.15 21,565.94 21,565.94 6.535 6.626 150 Total Investments and Average Run Dale: 03/03/2003 - 13:10 2,994,692.25 3,210,565.94 3,210,718.60 6.834 6.929 667 Portfolio CNC CC DO (PRF_DO) SymRept V5.02f City of National City Investments Purchased From Gilford Securities Inc January 31, 2003 Page 3 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MQVM3C 10761 Federal Home Loan Bank 08/27/2002 100,000.00 100,000.00 100,063.00 2.625 2.589 2.625 08/27/2007 1,668 3133MSEA4C 10784 Federal Home Loan Bank 10/24/2002 99,875.00 99,875.00 100,187.61 3.000 2.958 3.000 10/24/2007 1,726 3133MSJR2C 10785 Federal Home Loan Bank 10/30/2002 100,000.00 - 100,000.00 100,250.00 3.000 2.958 3.000 10/30/2007 1,732 3133MTD54 10794 Federal Home Loan Bank 11/21/2002 99,937.50 99,937.50 100,000.46 3.000 2.958 3.000 11/21/2007 1,754 3133MTNH7C 10795 Federal Home Loan Bank 11/27/2002 99,937.50 99,937.50 100,031.44 3.000 2.958 3.000 11/27/2007 1,760 3133MTLH9C 10796 Federal Home Loan Bank 11/27/2002 99,968.75 99,968.75 100,062.72 3.000 2.958 3.000 11/27/2007 1,760 3133MTFQ6C 10797 Federal Home Loan Bank 11/27/2002 99,937.50 99,937.50 100,031.44 3.000 2.958 3.000 11/27/2007 1,760 3133MTZA9C 10803 Federal Home Loan Bank 12/17/2002 100,000.00 100,000.00 100,156.00 3.000 2.958 3.000 12/17/2007 1,780 3133MU5M3C 10804 Federal Home Loan Bank 12/20/2002 99,937.50 100,000.00 100,188.00 3.000 2.972 3.013 12/20/2007 1,783 3133MUB79C 10805 Federal Home Loan Bank 12/20/2002 100,000.00 100,000.00 100,219.00 3.250 3.205 3.250 12/20/2007 1,783 3133MUQR9C 10807 Federal Home Loan Bank 01/15/2003 100,000.00 100,000.00 100,156.00 3.000 2.958 3.000 01/15/2008 1,809 Subtotal and Average 1,099,593.75 1,099,656.25 1,101,345.67 2.949 2.990 1,755 Total Investments and Average Run Date: 03/03/2003- 13:10 1,099,593.75 1,099,656.25 1,101,345.67 2.949 2.990 1,755 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From Multi -Bank Securities Inc January 31, 2003 Purchase Date Book Value Par Value Market Value Rate 360 Page 4 Current YTM YTM Maturity Days To 385 Date Maturity Certificates of Deposit - Monthly 10772 Approved Federal Savings Bank 10719 Bank of Utica 10577 Bankfirst NA 10519 BNC National Bank 10604 Bank of Arkansas 10576 Heritage Bank 10764 Insouth Bank 10597 Legacy Bank of Harrisburg 10791 Midsouth Bank 654062AMO 10564 Nicole( National Bank 10599 Park Avenue Bank NA, The 10763 PlantersFirst Bank 10738 Premier Bank 10596 Providian Bank 10718 Southern New Hampshire B&T Co. 10682 State Farm Financial Svcs, FSB 10662 Sterling Bank & Trust, FSB 10590 First Financial Bank 10762 Total Bank 10568 Williamstown Savings Bank 10574 York State Bank & Trust 09/18/2002 05/22/2002 06/22/2001 05/10/2001 07/20/2001 06/28/2001 08/29/2002 07/12/2001 10/04/2002 06/01/2001 07/11/2001 08/27/2002 06/24/2002 07/10/2001 05/08/2002 03/06/2002 01/25/2002 05/30/2001 08/26/2002 06/13/2001 06/27/2001 Subtotal and Average 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 03/18/2003 45 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 05/22/2003 110 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 06/22/2004 507 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 05/12/2003 100 100,000.00 100,000.00 100,000.00 5.170 5.099 5.170 07/20/2004 535 99,000.00 99,000.00 99,000.00 5.100 5.030 5.100 12/29/2003 331 99,000.00 99,000.00 99,000.00 3.100 3.057 3.100 08/29/2003 209 99,000.00 99,000.00 99,000.00 5.500 5.424 5.500 07/12/2004 527 99,000.00 99,000.00 99,090.00 2.760 2.722 2.760 10/06/2003 247 99,000.00 99,000.00 101,469.06 5.100 5.030 5.100 12/01/2003 303 99,000.00 99,000.00 99,000.00 5.400 5.326 5.400 07/12/2004 527 99,000.00 99,000.00 99,000.00 3.400 3.353 3.400 08/27/2004 573 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 06/24/2003 143 99,000.00 99,000.00 99,000.00 5.480 5.404 5.480 07/09/2004 524 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 05/08/2003 96 100,000.00 100,000.00 100,000.00 4.350 4.290 4.350 03/08/2004 401 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/25/2004 358 99,000.00 99,000.00 99,000.00 5.350 5.350 5.424 05/30/2003 118 99,000.00 99,000.00 99,000.00 3.150 3.106 3.150 11/26/2003 298 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 06/13/2003 132 99,000.00. 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 331 2,081,000.00 2,081,000.00 2,083,469.06 4.272 4.331 305 Negotiable/Transferable CDs 356611FU2060 10168 39739BS36060 10162 441800AY8060 10167 55262WWR3060 10151 685621CW2060 10034 798219AB7060 10146 8562B4GL2060 10135 Run Date: 03/03/2003 - 13:10 Fremont Investment & Loan Greenwood Trust Company DE Household Bank MBNA America Orchard Federal Savings Bank San Jose National Bank State Bank of India 04/07/1999 97,000.00 97,000.00 100,826.65 5.600 5.523 5.600 04/07/2004 431 03/17/1999 100,000.00 100,000.00 103,745.00 5.600 5.523 5.600 03/17/2004 410 04/07/1999 97,000.00 97,000.00 100,714.13 5.500 5.424 5.500 04/07/2004 431 03/03/1999 97,000.00 97,000.00 97,310.40 5.400 5.326 5.400 03/03/2003 30 11/04/1998 99,000.00 99,000.00 99,196.02 5.750 5.671 5.750 11/04/2003 276 03/03/1999 97,000.0 97,000.00 100,295.09 5.400 5.326 5.400 03/03/2004 396 02/12/1999 98,658.70 97,000.00 98,671.31 5.850 5.330 5.404 07/01/2003 150 Subtotal and Average 685,658.70 684,000.00 700,758.60 5.447 5.523 303 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f City of National City Investments Purchased From Multi -Bank Securities Inc January 31, 2003 Page 5 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MRQR6060 10773 Federal Home Loan Bank 09/26/2002 Subtotal and Average 100,000.00 100,000.00 100,188.00 3.000 2.958 3.000 09/26/2007 1,698 100,000.00 100,000.00 100,188.00 2.959 3.000 1,698 Pass Through Securities 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 Subtotal and Average 0.00 0.00 0.00 8.250 7.206 7.307 11/01/2004 639 0.00 0.00 0.00 0.000 0.000 0 Run Date: 03/03/2003 - 13:10 Total Investments and Average 2,866,658.70 2,865,000.00 2,884,415.68 4.507 4.570 353 Portfolio CNC CC DD (PRF_DD) Sy,rRept V5.02f City of National City Investments Purchased From Mischler Financial Group Inc January 31, 2003 Page 6 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MMDC4 10677 Federal Home Loan Bank 03/28/2002 100,000.00 100,000.00 100,406.00 4.102 4.047 4.103 12/28/2004 696 3133MMHV8 10678 Federal Home Loan Bank 03/28/2002 100,000.00 100,000.00 100,406.00 4.200 4.142 4.200 09/28/2004 605 3133MMJ79 10686 Federal Home Loan Bank 04/04/2002 100,000.00 100,000.00 100,531.00 4.500 4.438 4.500 04/04/2005 793 3133MSH86 10788 Federal Home Loan Bank 10/24/2002 100,000.00 100,000.00 100,250.00 3.000 2.958 3.000 10/24/2007 1,726 3133MSUR9 10789 Federal Home Loan Bank 10/30/2002 100,000.00 100,000.00 100,281.00 3.000' 2.958 3.000 10/30/2007 1,732 3133MSSA9 10798 Federal Home Loan Bank 11/07/2002 100,000.00 100,000.00 100,031.00 3.000 2.958 3.000 11/07/2007 1,740 Subtotal and Average 600,000.00 600,000.00 601,905.00 3.584 3.634 1,215 Total Investments and Average 600,000.00 Run Date: 03/03/2003 - 13:10 600,000.00 601.905.00 3.584 3.634 1,215 Portfolio CNC CC DD (PRF_DD) SymRepf V5.02f City of National City Investments Purchased From U.S. Sterling Capital Corp. January 31, 2003 Page 7 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/26/2004 541 10666 Acuity Bank 02/22/2002 - 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 02/22/2003 21 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 04/01/2003 59 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 04/25/2004 449 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 03/29/2004 422 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.254 3.300 10/12/2004 619 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/05/2004 338 10696 Business Bank of Fox River Vly 04/23/2002 - 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/23/2004 447 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.040 5.110 06/25/2003 144 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 524 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 524 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 05/13/2004 467 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/30/2004 454 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 05/22/2003 110 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 06/13/2003 132 10592 Cumberland National Bank - 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/02/2004 335 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 3.491 3.540 06/23/2003 142 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 331 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.919 2.960 11/26/2004 664 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/19/2004 443 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/01/2004 639 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.819 5.900 02/14/2003 13 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/09/2004 524 10670 First National Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 3.304 3.350 07/21/2003 170 10589 First Natl. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 05/30/2003 118 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/29/2004 453 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.787 3.840 07/29/2004 544 10517 FNB Of St. Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 02/03/2003 2 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 07/13/2004 528' 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 07/01/2004 516 10669 Guaranty National Bank 03/12/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 03/12/2003 39 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 06/24/2004 509 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 07/23/2004 538 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/20/2004 353 Run Date: 03/03/2003 - 13:10 Portfolio CNC CC DD (PRF_DO) SymRept V5.021 CUSIP Investment # Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. January 31, 2003 Purchase Date Book Value Par Value Page 8 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10697 10521 10523 10565 10671 10736 10715 10593 10714 10776 10694 10525 10774 10478 10570 10751 10775 10665 10717 10808 10752 10601 10602 10578 10809 10661 Illini Bank International Bank of Chicago Key Bank USA Lakeland Community Bank Manufacturers 8 Traders Trust Mercantile T&SB Mesa Bank Mutual Bank New Frontier Bank PNB Financial Bank Premier Bank of Tallahassee Peoples State Bank of Truman Peoples State Bank Republic National Bank Suburban Bank 8 Trust Security Bank SouthTrust Bank Today's Bank Traditional Bank Treasury Bank Union National Bank of Elgin, Union Bank Wauwatosa Savings Bank World's Foremost Bank Webster Five Cents Savings Bk. West Pointe Bank 04/24/2002 05/14/2001 05/21/2001 06/13/2001 03/25/2002 06/04/2002 05/09/2002 07/03/2001 05/08/2002 09/24/2002 04/22/2002 05/25/2001 09/12/2002 03/22/2001 06/20/2001 07/15/2002 09/19/2002 02/08/2002 05/16/2002 01/28/2003 07/18/2002 07/16/2001 07/18/2001 06/29/2001 01/30/2003 01/10/2002 Subtotal and Average 99,000.00 99,000.00 99,000.00 99,000.00 99,000.03 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000 00 99,000.00 99,000.00 99,000.00 100,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 100,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000,00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 100,000.00 99,000.00 99,000.00 5,944,000.Pn Total Investments and Average Run Date: 03/03/2003- 13:10 5,944,000.00 5,944,000.00 5,944,000.00 4.200 4.142 4:200 04/24/2004 448 5.250 5.178 5.250 05/14/2003 102 5.250 5.178 5.250 11/21/2003 293 5.250 5.178 5.250 12/ 12/2003 314 4.110 4.053 4.110 03/25/2004 418 4.250 4.191 4.250 09/07/2004 584 4.100 4.043 4.100 05/10/2004 464 5.050 4.980 5.050 07/03/2003 152 4.100 4.043 4.100 05/08/2004 462 3.250 3.205 3.250 09/24/2004 601 4.150 4.093 4.150 04/22/2004 446 5.300 5.227 5.300 11/25/2003 297 3.450 3.402 3.450 09/13/2004 590 5.450 5.375 5.450 03/22/2003 49 5.350 5.276 5.350 12/22/2003 324 3.980 3.925 3.980 07/15/2004 530 3.390 3.343 3.390 10/19/2004 626 3.200 3.156 3.200 02/08/2003 7 4.250 4.191 4.250 07/16/2004 531 3.050 3.008 3.050 01/28/2005 727 3.940 3.886 3.940 07/18/2004 533 5.200 5.128 5.200 07/16/2004 531 5.150 5.079 5.150 01/20/2004 353 5.300 5.227 5.300 06/29/2004 514 2.920 2.880 2.920 01/30/2005 729 3.400 3.353 3.400 04/10/2003 68 4.293 4.353 380 5,944,000.00 5,944,000.00 4.293 4.353 380 Portfolio CNC CC OD (PRF_OD) SymRept V5.02f City of National City Investments Purchased From Vining -Sparks IBG January 31, 2003 Page 9 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MRPF3 10781 Federal Home Loan Bank 09/27/2002 100,000.00 100,000.00 99,688.66 2.750 2.712 2.750 09/27/2007 1,699 Subtotal and Average 100,000.00 100,000.00 99,688.66 2.712 2.750 1,699 Total Investments and Average 100,000.00 Run Date: 03/03/2003 - 13:10 100,000.00 99,688.66 2.712 2.750 1,699 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f SymPro Investments City of National City City of National City Portfolio Management Portfolio Summary January 31, 20J3 Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments 9,160,000.00 9,162,469.06 9,160,000.00 67.33 808 434 4.220 4.279 95,000.00 95,000.00 95,000.00 0.70 1,827 474 6.000 6.083 2,643,000.00 2,659,911.26 2,427,874.80 17.85 1,691 445 7.921 8.031 1,899,656.25 1,903,127.33 1,899,593.75 13.96 1,696 1,579 3.138 3.181 21,565.94 21,565.94 22,476.15 0.17 1,673 150 6.535 6.626 13,819,222.19 13,842,073.59 13,604,944.70 100.00% 1,098 596 4.746 4.812 Total Earnings January 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return Run Date: 03/03/2003 - 13:12 52,153.87 13,721,997.40 4.48% 432, 900.46 14,020,210.27 5.24% Portfolio CNC CC PM (PRF_PM1) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments January 31, 2003 Page 2 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 541 07/26/2004 10666 Acuity Bank 02/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 21 02/22/2003 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 59 04/01/2003 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 449 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 422 03/29/2004 10772 Approved Federal Savings Bank 09/18/2002 99,000.00 99,000.00 99,000.00 2.550 2.550 45 03/18/2003 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,000.00 99,000.00 2.750 2.750 555 08/09/2004 10719 Bank of Utica 05/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 110 05/22/2003 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.300 619 10/12/2004 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 507 06/22/2004 10801 Global Credit Union 11/04/2002 99,006.00 99,000.00 99,000.00 3.250 3.250 642 11/04/2004 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 100 05/12/2003 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 535 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 338 01/05/2004 063285AD2 10755 Bank of Little Chute 08/07/2002 99,000.00 99,000.00 99,000.00 2.800 2.800 . 552 08/06/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 447 04/23/2004 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 144 06/25/2003 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 524 07/09/2004 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 524 07/09/2004 10716 Colony Bank of Asbum 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 467 05/13/2004 10700 , Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 454 04/30/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 4:100 492 06/07/2004 177707ACO 10702 City Bank 05/15/2002 95,000.00 95,000.00 95,000.00 4.900 4.900 1,564 05/15/2007 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 110 05/22/2003 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 132 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 335 01/02/2004 25467BB98 10720 Discover Bank 06/12/2002 95,000.00 95,000.00 95,000.00 3.650 3.650 499 06/14/2004 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 3.540 142 06/23/2003 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 331 12/29/2003 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.960 664 11/26/2004 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 443 04/19/2004 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 639 11/01/2004 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 ' 5.900 13 02/14/2003 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 524 07/09/2004 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 1,333 09/26/2006 10670 First National Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 3.350 170 07/21/2003 Run Date: 03/03/2003 - 13:12 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments January 31, 2003 Page 3 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10589 First Natl. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 118 05/30/2003 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 453 04/29/2004 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 544 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 95,000.00 95,000.00 4.850 4.850 1,564 05/15/2007 10517 FNB Of St. Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 2 02/03/2003 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 528 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 516 07/01/2004 10669 Guaranty National Bank 03/12/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 39 03/12/2003 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 509 06/24/2004 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 331 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 538 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 353 01/20/2004 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 448 04/24/2004 10764 Insouth Bank 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 3.100 209 08/29/2003 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 102 05/14/2003 46146MBU2 10768 Investors Bank 09/03/2002 95,000.00 95,000.00 95,000.00 3.000 3.000 1,675 09/03/2007' 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 293 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 527 07/12/2004 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 314 12/12/2003 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 418 03/25/2004 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 584 09/07/2004 10791 Midsouth Bank 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.760 247 10/06/2003 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 464 05/10/2004 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 152 07/03/2003 633360AB1 10756 National Bank of Commerce 08/08/2002 95,000.00 95,000.00 95,000.00 2.800 2.800 555 08/09/2004 10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 462 05/0812004 654062AM0 10564 Nicolet National Bank 06/01/2001 99,000.00 -101,469.06 99,000.00 5.100 5.100 303 12/01/2003 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 527 07/12/2004 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 573 08/27/2004 74407ML60 10598 Providian National Bank - 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.200 527 07/12/2004 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 601 09/24/2004 10738 Premier Bank 06/24/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 143 06/24/2003 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 446 04/22/2004 10596 Providian Bank 07/10/2001 99,000.00 99;000.00 99,000.00 5.480 5.480 524 07/09/2004 10525 Peoples State Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 297 11/25/2003 10774 Peoples State Bank 09/12/2002 - 99,000.00 99,000.00 99,000.00 3.450 3.450 590 09/13/2004 Run Date: 03/03/2003 - 13:12 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.02f City of National City Portfolio Management Portfolio Details - Investments January 31, 2003 Page 4 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value - Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 74926DAN7 10758 RBC Centura NB - 08/08/2002 74,000.00 74,000.00 74,000.00 3.000 3.000 1,649 08/08/2007 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 49 03/22/2003 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 324 12/22/2003 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 530 07/15/2004 10718 Southern New Hampshire B&T Co. 05/08/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 96 05/08/2003 10682 . State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 401 03/08/2004 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.390 626 10/19/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 358 01/25/2004 10590 First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 118 05/30/2003 10665 Today's Bank 02/08/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 7 02/08/2003 10762 Total Bank 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.150 298 11/26/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 531 07/16/2004 10808 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 727 01/28/2005 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.940 533 07/18/2004 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 531 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 353 01/20/2004 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 514 06/29/2004 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.920 729 01/30/2005 10661 West Pointe Bank 01/10/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 68 04/10/2003 10568 Williamstown Savings Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 132 06/13/2003 10574 , York State Bank & Trust 06/27/2001 99,000.00 99,000.00 . 99,000.00 5.100 5.171 331 12/29/2003 Subtotal and Average 9,083,354.84 9,160,000.00 9,162,469.06 9,160,000.00 4.279 434 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average 95,000.00 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 474 05/20/2004 95,000.00 95,000.00 95,000.00 8.083 474 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 741 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 360 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 712 01/13/2005 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,000.00 97,152.66 97,152.66 3.600 3.599 496 06/11/2004 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 361 01/28/2004 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 99,000.00 99,000.00 3.500 3.500 457 05/03/2004 258115AV6 10041 Dora! FSB 12/10/1998 99,000.00 99,000.00 - 98,384.22 5.350 5.493 312 12/10/2003 90715-17243-619 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 13.769 243 10/02/2003 Run Date: 03/03/2003 - 13:12 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP - Investment Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments January 31, 2003 Purchase Date Par Value Market Value Page 5 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 30241 HXE3 356611FU2060 397396536060 441800AY8080 458657EV1 531554AG8 509685AC7 55262 W W R3060 60531-17951-1 685621 CW2060 82668FCS4 798219AB7060 856284GL2060 8649999X9 90331 V9X2 6514-18644-1 10159 FCC National Bank 10168 Fremont Investment & Loan 10162 Greenwood Trust Company DE 10262 Great South Texas Bank 10167 Household Bank 10688 Intercredit Bank 10166 Libertyville Bank & Trust 10165 Lake Forest Bank & Trust 10151 MBNA America 10329 Bank of Mount Vernon 10038 Nations Bank (Barnett Bank) 10034 Orchard Federal Savings Bank 10137 Signet Bank 10146 San Jose National Bank 10135 State Bank of India 10347 Success National Bank 10281 Upstate National Bank 10353 U S Bank NA 10332 Wilmington Trust Co Subtotal and Average 2,427,874.80 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.700 403 03/10/2004 04/07/1999 97,000.0D 100,826.65 97,000.00 5.600 5.600 431 04/07/2004 03/17/1999 100,000.00 103,745.00 100,000.00 5.600 5.600 410 03/17/2004 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 15.190 543 07/28/2004 04/07/1999 97,000.00 100,714.13 97,000.00 5.500 5.500 431 04/07/2004 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 4.900 1,549 04/30/2007 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 419 03/26/2004 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 419 03/26/2004 03/03/1999 97,000.00 97,310.40 97,000.00 5.400 5.400 30 03/03/2003 02/26/1999 100,000.00 100,000.00 69,971.36 6.550 15.910 956 09/14/2005 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 183 08/03/2003 11/04/1998 99,000.00 99,196.02 99,000.00 5.750 5.750 276 11/04/2003 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 5.500 270 10/29/2003 03/03/1999 97,000.00 100,295.09 97,000.00 5.400 5.400 396 03/03/2004 02/12/1999 97,000.00 98,671.31 98,658.70 5.850 5.405 150 07/01/2003 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 364 01/31/2004 10/05/1999 100,000.00 100,000.00 78,963.99 6.570 14.890 265 10/24/2003 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.505 733 02/03/2005 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 390 02/26/2004 2,643,000.0) 2,659,911.26 2,427,874.80 8.031 445 Federal Agency Securities 3133MMDC4 10677 3133MMHV8 10678 3133MMJ79 10686 3133MQVM3C 10761 3133MRQR6060 10773 3133MRPF3 10781 3133MSEA4C 10784 3133MSJR2C 10785 3133MSH86 10788 3133MSUR9 10789 3133MTD54 10794 3133MTNH7C 10795 3133MTLH9C 10796 3133MTFQ6C 10797 Run Date: 03/03/2003 - 13:12 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 03/28/2002 03/28/2002 04/04/2002 08/27/2002 09/26/2002 09/27/2002 10/24/2002 10/30/2002 10/24/2002 10/30/2002 11/21/2002 11/27/2002 11/27/2002 11/27/2002 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 99,875.00 100,000.00 100,000.00 100,000.00 99,937.50 99,937.50 99,968.75 99,937.50 100,406.00 100,406.00 100,531.00 100,063.00 100,188.00 99,688.66 100,187.61 100,250.00 100,250.00 100,281.00 100,000.46 100,031.44 100,062.72 100,031.44 100,000.00 4.102 100,000.00 4.200 100,000.00 4.500 100,000.00 2.625 100,000.00 3.000 100,000.00 2.750 99,875.00 3.000 100,000.00 3.000 100,000.00 3.000 100,000.00 3.000 99,937.50 3.000 99,937.50. 3.000 99,968.75 3.000 99,937.50 3.000 4.104 696 12/28/2004 4.200 605 09/28/2004 4.500 793 04/04/2005 2.625 1,668 08/27/2007 3.000 1,698 09/26/2007' 2.750 1,699 09/27/2007 3.000 1,726 10/24/2007 3.000 1,732 10/30/2007 3.000 1,726 10/24/2007 3.000 1,732 10/30/2007 3.000 1,754 11 /21 /2007 3.000 1,760 11/27/2007 3.000 1,760 11/27/2007 3.000 1,760 11/27/2007 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.02f City of National City Portfolio Management Portfolio Details - Investments January 31, 2003 Page 6 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133MSSA9 10798 Federal Home Loan Bank 11/07/2002 100,000.00 100,031.00 100,000.00 3.000 3.000 1,740 11/07/2007 3133MTZA9C 10803 Federal Home Loan Bank 12/17/2002 100,000.00 100,156.00 100,000.00 3.000 3.000 1,780 12/17/2007 3133MU5M3C 10804 Federal Home Loan Bank 12/20/2002 100,000.00 100,188.00 99,937.50 3.000 3.014 1,783 12/20/2007 3133MU879C 10805 Federal Home Loan Bank 12/20/2002 100,000.00 100,219.00 100,000.00 3.250 3.250 1,783 12/20/2007 3133MUQR9C 10807 Federal Home Loan Bank 01/15/2003 100,000,00 100,156.00 100,000.00 3.000 3.000 1,809 01/15/2008 Subtotal and Average 2,093,142.14 1,899,656.25 1,903,127.33 1,899,593.75 3.181 1,579 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998 0.00 0.00 0.00 6.000 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250 31376PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 21,565.94 21,565.94 22,476.15 8.500 Subtotal and Average 22,625.62 21,565.94 21,565.94 6.000 7.307 6.626 0 01/15/2013 0 11/01/2004 150 07/01/2003 22,476.15 6.626 150 Total Investments and Average 13,721,997.40 Run Date: 03/03/2003 - 13:12 13,819,222.19 13,842,073.59 13,604,944.70 4.812 596 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f SymPro 35110W- City of National City Activity Report Sorted By Brokers January 1, 2003 - January 31, 2003 Par Value Par Value City of National City Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment If Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 1,135,000.00 1,135,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs Subtotal and Balance 1,959,000.00 1,959,000.00 Federal Agency Securities 3133MSJQ4 10782 Federal Home Loan Bank Subtotal and Balance 3.000 01/22/2003 0.00 100,000.00 100,000.00 0.00 100,000.00 0.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 23.233% 21,883.51 3,310,883.51 8.500 01/15/2003 0.00 317.57 0.00 317.57 21,565.94 0.00 100,317.57 3,210,565.94 Brokers: Gilford Securities Inc Federal Agency Securities 3133MSJQ4C 10783 Federal Home Loan Bank 3133MUQR9C 10807 Federal Home Loan Bank Subtotal and Balance 3.000 01/22/2003 3.000 01/15/2003 0.00 100,000.00 100,000.00 0.00 1,099,656.25 100,000.00 Brokers Subtotal 7.957% 1,099,656.25 Brokers: Multi -Bank Securities Inc 100,000.00 100,000.00 1,099,656.25 100,000.00 1,099,656.25 Certificates of Deposit - Monthly Subtotal and Balance 2,081,000.00 Run Date: 03/03/2003 - 13:14 2,081,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of National City Activity Report January 1, 2003 - January 31, 2003 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 2 Negotiable/Transferable CDs Subtotal and Balance 684,000.00 684,000.00 Federal Agency Securities Subtotal and Balance 100,000.00 100,000.00 Pass Through Securities Subtotal and Balance 0.00 Brokers Subtotal 20.732% 2,865,000.00 0.00 0.00 0.00 2,865,000.00 Brokers: Mischler Financial Group Inc Federal Agency Securities 3133MSD23 10792 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 4.342% 700,000.00 700,000.00 3.000 01/17/2003 0.00 100,000.00 0.00 100,000.00 600,000.00 0.00 100,000.00 600,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133MPHC3 10744 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 0.000% 100,000.00 100,000.00 3.000 01/17/2003 0.00 100,000.00 0.00 100,000.00 0.00 0.00 100,000.00 0.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10659 Mill Creek Bank 3.310 01/03/2003 0.00 99,000.00 10663 First State Bank, Russelville 3.250 01/31/2003 0.00 99,000.00 10808 Treasury Bank 3.050 01/28/2003 99,000.00 0.00 10809 Webster Five Cents Savings Bk. 2.920 01/30/2003 99,000.00 0.00 Subtotal and Balance 5,944,000.00 Brokers Subtotal 43.013% 5,944,000.00 Run Date: 03/03/2003 - 13:14 198,000.00 198,000.00 198,000.00 5,944,000.00 198,000.00 5,944,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of National City Activity Report January 1, 2003 - January 31, 2003 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers: Vining -Sparks IBG Federal Agency Securities Subtotal and Balance Brokers Subtotal 100,000.00 100,000.00 0.724% 100,000.00 0.00 0.00 100,000.00 Total 100.000% 14,119,539.76 Run Date: 03/03/2003- 13:14 298,000.00 598,317.57 13,819,222.19 Portfolio CNC CC DA (PRF_DA) SymRept V5 02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT January 31, 2003 ENDING FUND FUND TITLE BALANCE 001 GENERAL FUND 6,393,988.61 103 GENERAL CAPITAL OUTLAY FUND 767,359.68 108 LIBRARY CAPITAL OUTLAY 219,600.95 109 GAS TAXES FUND 1,538,080.98 110 EMERGENCY PREPAREDNESS FUND 39,062.50 113 CULTURAL ARTS FUND 83,443.28 115 PARK & REC CAPITAL OUTLAY FUND 91,898.58 120 PLAN CHECKING REVOLVING FUND 104,802.15 125 SEWER SERVICE FUND 8,547,201.61 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 227,361.06 131 ASSET FORFEITURE FUND 486,072.35 136 TINY TOT CLASSES FUND 10,401.45 145 JUVENILE EDUCATION FUND 3,001.51 154 STATE PUBLIC LIBRARY FUND 92,574.25 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND 24,039.90 159 GENERAL PLAN UPDATE RESERVE 269,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 32,078.62 172 TRASH RATE STABILIZATION FUND 488,213.51 173 NATIONAL SCHOOL DIST CONTRACT 26,379.00 175 PETROLEUM VIOLATORS ESCROW 5,510.00 176 POLICE REIMBURSED OVERTIME 15,176.90 177 RESTITUITION REIMBURSEMENTS 500.00 178 POLICE HAT BADGES 72.56 179 NPT BUS DONATIONS FUND 614.65 189 CIVIC CENTER REFURBISHING 3,189,584.42 190 30TH STREET CLEANUP FUND - 1303 252,096.35 191 STOP PROJECT 8,996.92 192 LEASE ESCROW FUND 65,061.02 195 LANDSCAPE RESERVE 899,715.61 196 CAPITAL PROJECT RESERVE 653,268.10 197 PRODUCTIVITY IMPROVEMENT RESER 50,000.00 198 PROPERTY EVIDENCE SEIZURE 19,723.47 200 30TH STREET CLEANUP FUND - 1304 611,224.18 203 PARK SECURITY/GTE LEASE 28,000.00 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 77,446.72 211 SECURITY AND ALARM REGULATION FUND 102,451.27 212 PERSONNEL COMPENSATION FUND 743,839.00 214 EVERY 15 MINUTES GRANT FY1999-2000 2,833.95 216 FULFILL 26,718.47 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 3,487.84 223 FACE TO FACE INFORMATION GRANT FY 00-01 8.19 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 143,559.50 227 CLLS MATCHING FUNDS 1.34 228 GROWING WITH MOTHER GOOSE GRANT 25.86 229 CLEEP GRANT 92,031.92 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 234 EMPLOYEE COMPUTER PURCHASE FUND 32,967.32 236 FIRST PEOPLES GRANT 49,967.56 237 LEARN @ NCPL 29,327.54 238 VIDEOCONF.COMM. OF PRACTICE GRANT 29,002.00 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 105,185.58 240 LITERACY INTIATIVES XI 30,374.06 270 NUISANCE ABATEMENT FUND 1,377.68 272 LITERACY INITIATIVES X 2.61 303 CAPITAL FACILITIES FUND 626,243.40 304 PARK DEVELOPMENT FUND 195,901.68 307 PROPOSITION A" FUND 3,098,520.28 308 GRANT -HIGHWAY BRIDGE REHAB 562,944.55 312 STP LOCAL/TRANSNET HIGHWAY 359,320.85 314 OTS GRANT 3,024.50 343 STATE -LOCAL PARTNERSHIP 103,227.49 345 TRAFFIC CONGESTION RELIEF 521,937.67 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 626 FACILITIES MAINT FUND 748,216.15 627 LIABILITY INS. FUND 4,567,511.25 629 INFORMATION SYSTEMS MAINTENANC 299,763.14 630 OFFICE EQUIPMENT DEPRECIATION 2,007,229.24 631 TELECOMMUNICATIONS REVOLVING 358,340.83 633 UNEMPLOYMENT INSURANCE RESERVE 158,888.00 643 MOTOR VEHICLE SVC FUND 302,449.72 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 45,579.02 725 Planning 1,720.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 51,590.47 727 BUILDING AND SAFETY T & A DEPOSITS 5,000.00 TOTAL ALL FUNDS 40,832,195.93 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING JANUARY JANUARY FUND # FUND TITLE REVENUE YTD REVENUE 001 GENERAL FUND 4,690,310.86 16,195,109.79 103 GENERAL CAPITAL OUTLAY FUND 0.00 25,848.00 104 LIBRARY FUND 80,744.37 269,729.55 105 PARKS MAINTENANCE FUND 94,087.72 314,303.23 108 LIBRARY CAPITAL OUTLAY 6,194.35 43,979.52 109 GAS TAXES FUND 88,371.76 660,270.50 111 P.O.S.T. FUND 0.00 33,886.21 115 PARK & REC CAPITAL OUTLAY FUND 100.00 51,136.97 120 PLAN CHECKING REVOLVING FUND 7,507.11 58,857.74 123 GRANT -FAMILIES FOR LITERACY 0.00 11,395.00 125 SEWER SERVICE FUND 387,552.50 2,841,781.04 130 EMT-D REVOLVING FUND 5,895.00 11,790.00 131 ASSET FORFEITURE FUND 4,008.12 146,214.67 135 SD COUNTY REG AUTO THEFT TASK 0.00 21,504.91 136 TINY TOT CLASSES FUND 240.00 2,680.00 145 JUVENILE EDUCATION FUND 2,500.00 3,000.00 147 GRANT -JUDGE PROGRAM 17,899.00 37,373.00 154 STATE PUBLIC LIBRARY FUND 550.00 962.19 158 SWIMMING POOL REVOLVING FUND 0.00 25,063.90 171 LIBRARY SCHOOL DISTRICT CNTRCT 0.00 32,945.70 172 TRASH RATE STABILIZATION FUND 2,078.93 26,638.56 173 NATIONAL SCHOOL DIST CONTRACT 26,379.00 26,379.00 176 POLICE REIMBURSED OVERTIME 5,031.57 24,091.69 188 GRANT - HIDTA 21,728.48 21,728.48 190 30TH STREET CLEANUP FUND - 1303 0.00 2,651.15 191 STOP PROJECT 7,806.00 46,490.00 192 LEASE ESCROW FUND 230.51 2,272.57 198 PROPERTY EVIDENCE SEIZURE 0.00 12,400.00 200 30TH STREET CLEANUP FUND - 1304 0.00 6,489.20 201 NCJPFA DEBT SERVICE FUND 0.29 367,172.19 208 SUPP.LAW ENFORCEMENT SVCS FUND (SL 0.00 152,400.50 211 SECURITY AND ALARM REGULATION FUND 2,950.81 27,145.34 212 PERSONNEL COMPENSATION FUND 20,769.00 145,383.00 216 FULFILL 7,700.00 34,418.31 218 HIHG INTENSITY PREVENTION ZONE 49,271.34 95,336.88 220 LOCAL LAW ENF. BLOCK GRANT FY2000-20 0.00 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 0.00 40,148.00 229 CLEEP GRANT 0.00 92,969.35 231 HOUSING PILOT PROGRAM 19,451.00 19,451.69 232 TRAN DEBT SERVICE FUND 0.00 263.08 233 LOCAL LAW ENF. BLOCK GRANT FY2001-20 0.00 24,906.81 235 COPS IN SCHOOLS 0.00 (4,443.31) 236 FIRST PEOPLES GRANT 5,500.00 108,350.00 237 LEARN @ NCPL 0.00 51,822.00 238 VIDEOCONF.COMM. OF PRACTICE GRANT 0.00 29,002.00 239 LOCAL LAW ENF BLOCK GRANT FY2002-20( 0.00 106,123.00 240 LITERACY INTIATIVES XI 8,000.00 149,075.00 270 NUISANCE ABATEMENT FUND 0.00 40.00 272 LITERACY INITIATIVES X 20,570.00 128,970.00 302 CDC PAYMENTS 46,879.72 233,353.13 307 PROPOSITION A" FUND 0.00 890,283.35 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 484,39327 312 STP LOCAL/TRANSNET HIGHWAY 0.00 84,119.33 313 GRANT-CMAQ 0.00 145,587.10 314 OTS GRANT 0.00 3,024.50 316 CALIFORNIA ENERGY COMM GRANT 0.00 5,000.00 343 STATE -LOCAL PARTNERSHIP 0.00 (115.02) 345 TRAFFIC CONGESTION RELIEF 45,012.97 64,881.00 552 TDA 185,133.69 1,360,960.74 626 FACILITIES MAINT FUND 140,974.00 986,818.00 627 LIABILITY INS. FUND 189,594.23 1,227,377.97 628 GENERAL SERVICES FUND 23,331.00 163,317.00 629 INFORMATION SYSTEMS MAINTENANC 29,751.00 208,257.00 630 OFFICE EQUIPMENT DEPRECIATION 46,626.00 326,856.10 631 TELECOMMUNICATIONS REVOLVING 25,769.00 180,426.20 632 GENERAL ACCOUNTING SERVICES 48,100.00 336,700.00 633 UNEMPLOYMENT INSURANCE RESERVE 3,193.00 22,351.00 643 MOTOR VEHICLE SVC FUND 63,139.00 443,466.50 721 LIBRARY TRUST FUND 0.00 (160.36) TOTALS 6,430,931.33 29,709,455.85 FUND NO. MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING JANUARY FUND TITLE JANUARY YTD.JANUARY 001 GENERAL FUND 2,536,553.18 13,771,456.73 104 LIBRARY FUND 124,007.26 701,295.07 105 PARKS MAINTENANCE FUND 84,394.87 420,456.14 108 LIBRARY CAPITAL OUTLAY 2,677.67 28,633.09 109 GAS TAXES FUND 46,833.04 213,952.24 110 EMERGENCY PREPAREDNESS FUND 0.00 20,187.50 111 P.O.S.T. FUND 10,646.45 58,909.69 115 PARK & REC CAPITAL OUTLAY FUND 99.00 693.00 120 PLAN CHECKING REVOLVING FUND 1,888.00 9,637.25 123 GRANT -FAMILIES FOR LITERACY 4,928.91 20,596.78 125 SEWER SERVICE FUND 184,072.71 3,048,561.95 131 ASSET FORFEITURE FUND 11,780.95 42,627.42 135 SD COUNTY REG AUTO THEFT TASK 11,036.59 53,346.75 136 TINY TOT CLASSES FUND 136.78 1,390.62 145 JUVENILE EDUCATION FUND 0.00 2,216.42 147 GRANT -JUDGE PROGRAM 9,270.73 44,843.38 154 STATE PUBLIC LIBRARY FUND 5,477.31 31,600.50 171 LIBRARY SCHOOL DISTRICT CNTRCT 2,828.93 20,043.68 172 TRASH RATE STABILIZATION FUND 2,160.10 28,091.85 174 SWEETWATER SCHOOL DIST CONTRAC 9,146.34 59,907.88 188 GRANT - HIDTA 12,488.64 61,019.69 189 CIVIC CENTER REFURBISHING 6,730.69 86,278.53 191 STOP PROJECT 11,675.93 76,773.54 192 LEASE ESCROW FUND 23,326.03 23,646.55 193 COPS GRANT PART III 0.00 5,077.05 195 LANDSCAPE RESERVE 0.00 8,242.00 196 CAPITAL PROJECT RESERVE 0.00 14,298.82 198 PROPERTY EVIDENCE SEIZURE 531.27 4,331.27 200 30TH STREET CLEANUP FUND - 1304 608.80 8,094.74 201 NCJPFA DEBT SERVICE FUND 0.06 366,995.53 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLE: 9,763.83 74,953.78 211 SECURITY AND ALARM REGULATION FUND 4,720.12 21,467.04 216 FULFILL 0.00 26,999.84 218 HIHG INTENSITY PREVENTION ZONE 0.00 45,068.88 222 WOW MOBILE GRANT FY 2000-2001 8,673.80 62,025.81 225 ENGLISH LANGUAGE LITERACY INCENTIVE El 29,297.11 205,905.12 227 CLLS MATCHING FUNDS (1,923.26) 1,434.78 229 CLEEP GRANT 51,351.92 51,351.92 230 ABANDONED VEHICLE ABATEMENT GRANT 11,735.91 62,466.52 231 HOUSING PILOT PROGRAM 11,346.26 51,143.65 232 TRAN DEBT SERVICE FUND 0.00 10,566.85 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 0.00 8,987.85 235 COPS IN SCHOOLS 0.00 15,004.08 236 FIRST PEOPLES GRANT 2,938.50 33,425.23 237 LEARN @ NCPL 8,822.41 23,609.64 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 81,891.96 81,891.96 240 LITERACY INTIATIVES XI 30,225.70 137,065.99 272 LITERACY INITIATIVES X 0.00 256,987.69 301 GRANT-C.D.B.G. 65,167.48 296,405.03 302 CDC PAYMENTS 55,150.14 272,580.27 304 PARK DEVELOPMENT FUND 0.00 14,427.53 307 PROPOSITION A" FUND 14,003.45 66,171.94 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 29,844.86 312 STP LOCALJTRANSNET HIGHWAY 33,149.71 180,284.04 313 GRANT-CMAQ 121,859.80 426,869.17 348 STATE GRANT 2,004.45 26,558.15 349 GEN FUND LOCAL ASSISTANCE FOR PARKS C 0.00 78,707.00 552 TDA 226,273.65 1,379,759.31 626 FACILITIES MAINT FUND 152,553.42 912,856.35 627 LIABILITY INS. FUND 106,125.69 989,105.42 628 GENERAL SERVICES FUND 37,032.24 130,107.34 629 INFORMATION SYSTEMS MAINTENANC 60,364.90 299,634.58 630 OFFICE EQUIPMENT DEPRECIATION 51,196.02 254,828.82 631 TELECOMMUNICATIONS REVOLVING 26,343.09 121,015.73 632 GENERAL ACCOUNTING SERVICES 67,092.68 337,842.91 643 MOTOR VEHICLE SVC FUND 90,510.64 564,888.68 TOTAL ALL FUP 4,460,971.86 26,785,449.42 City of National City Pooled Investment Transactions Report For the Month of Jan 2003 Date Description Institution Ref. No. Amount Beginning Balance 24,045,256.78 01/02/03 Withdrawal LAIF 419984 (100,000.00) 01/07/03 Deposit LAIF 376875 500,000.00 01/13/03 Deposit LAIF 799355 400,000.00 01/15/03 Interest LAIF 130,933.81 01/16/03 Deposit LAIF 462012 1,200,000.00 01/17/03 Withdrawal LAIF 211582 (500,000.00) 01/28/03 Deposit LAIF 860208 500,000.00 01/30/03 Withdrawal LAIF 326160 (500,000.00) Ending Balance 25,676,190.59 Page 1 MEETING DATE May 6, 2003 City of National City, Caliternia COUNCIL AGENDA STATEMENT 16 AGENDA ITEM NO. ITEM TITLE CONSOLIDAIEI) CASH AND INVESTMENT REPORT AS OF FEBRUARY 28, 2003 PREPARED BY ALISON HUNTER x 433 EPPRT M E NT FINANCE-MARYLOU MATIENZO EXT 4330 EXPLANATION FOR THE CITY COUNCIL'S INFORMATION AND IN COMPLIANCE WITH THE CITY'S INVESTMENT POLICY, THE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF FEBRUARY 28, 2003 IS HEREBY SUBMITTED. THIS REPORT REFLECTS THE COMPONENTS OF THE INVESTMENT PROGRAM FOR THE PERIOD THEN ENDED. THE INVESTMENT PORTFOLIO PROVIDES FOR SUFFICIENT LIQUIDITY TO MEET THE FOLLOWING MONTH'S ESTIMATED EXPENDITURES. Environmental Review to Financial Statement NOT APPLICABLE STAFF RECOMMENDATION WE RECOMMEND THAT IHE REPORT BE ACCEPTED AND FILED. BOARD / COM CONCUR: S.ON RECO ATTACHMENTS ( Listed Re 1. CASH ACCOUNT SUMMARY (..._._ 2. INVESTMENT BY BROKERS 3. PORTFOLIO MANAGEMENT 4. ACTIVITY REPORT A -too (9:99 ENDATION 5. 6. 7. 8. Approved By: n rect.:r MARYLOU rTIENZO Account No. Reschition No. CONSOLIDATED CASH REPORT MONTHLY STATEMENT OF RECEIPTS MONTHLY STATEMENT OF DISBURSEMENTS POOLED INVESTMENT TRANSACTIONS REPORT CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 28-Feb-03 BALANCE REVOLVING CASH $ 3,373.33 RETURNED CHECKS 9,742.48 BANK OF AMERICA #80200 1,420,528.92 OUTSTANDING WARRANTS (359,229.58) PAYROLL OUTSTANDING WARRANTS (62,181.95) CASH HELD BY BROKERS 505,875.90 INVESTMENTS 13,504,767.48 LAIF 24,351,190.59 TOTAL $ 39,374,067.17 INVESTMENT EARNINGS HISTORY: FISCAL YEAR YEAR-TO-DATE TOTAL YEAR 2002-03 491,761.57 491,761.57 2001-02 $ 1,500,216.86 $ . 1,500,216.86 2000-01 2,642,502.96 2,642,502.96 1999-00 1,841,539.16 1,841,539.16 1998-99 1,702,889.57 1,702,889.57 1997-98 1,478,232.91 1,478,232.91 1996-97 1,256,907.31 1,256,907.31 1995-96 974,113.25 974,113.25 1994-95 1,001,709.56 1,001,709.56 1993-94 1,011,586.52 1,011,586.52 1992-93 721,913.49 721,913.49 1991-92 864,052.63 864,052.63 1990-91 1,303,878.52 1,303,878.52 1989-90 1,544,993.71 1,544,993.71 1988-89 1,311,930.94 1,311,930.94 1987-88 979,435.87 979,435.87 1986-87 1,048,978.23 1,048,978.23 1985-86 1,321,688.93 1,321,688.93 SymPro Investments Certificates of. Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments City of National City Portfolio Management Portfolio Summary February 28, 2003 Par Market Value Value 9,160,000.00 95,000.00 2,643,000.00 1,799,812.50 21,245.97 13,719,058.47 Book % of Value Portfolio Term City of National City Days to YTM/C YTM/C Maturity 360 Equiv. 365 Equiv. 9,176,202.11 9,160,000.00 67.83 817 438 4.153 4.211 95,000.00 95,000.00 0.70 1,827 446 6.000 6.083 2,661,361.81 2,427,874.80 17.98 1,691 417 7.921 8.031 1,802,837.67 1,799,750.00 13.33 1,689 1,564 3.171 3.215 22,972.84 22,142.68 0.16 1,673 122 6.535 6.626 13,758,374.43 13,504,767.48 100.00% 1,099 584 4.717 4.782 Total Earnings February 28 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return Marylou Matienz Run Dale: 04/15/2003 - 17:01 47,296.63 13,676,985.55 4.51% 480,208.00 13,980,661.74 5.16% Portfolio CNC CC PM (PRF PM1) SyrnRept V5.02f City of National City Portfolio Management Portfolio Details - Investments February 28, 2003 Page 2 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment it Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 513 07/26/2004 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 31 04/01/2003 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 421 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 394 03/29/2004 10772 Approved Federal Savings Bank 09/18/2002 99,000.00 99,000.00 99,000.00 2.550 2.550 17 03/18/2003 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,527.67 99,000.00 2.750 2.750 527 08/09/2004 10719 Bank of Utica 05/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 82 05/22/2003 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.300 591 10/12/2004 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 479 06/22/2004 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 614 11/04/2004 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 72 05/12/2003 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 507 07/20/2004 10594 Bank of Jamestown . 07/05/2001 99,000.00 99,000.00 , 99,000.00 5.250 5.250 310 01/05/2004 063285AD2 10755 Bank of Little Chute 08/07/2002 99,000.00 99,599.94 99,000.00 2.800 2.800 524 08/06/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 41904/23/2004 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 116 06/25/2003 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 496 07/09/2004 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 496 07/09/2004 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 439 05/13/2004 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050- 426 04/30/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 4.100 464 06/07/2004 177707ACO 10702 City Bank 05/15/2002 95,000.00 99,980.85 95,000.00 4.900 4.900 1,536 05/15/2007 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 82 05/22/2003 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 104 06/13/2003 10592 Cumberland National Bank 07/02/2001. 99,000 00 99,000.00 99,000.00 5.250 5.250 307 01/02/2004 25467BB98 10720 Discover Bank 06/12/2002 95,000.00 9.6,613.10 95,000.00 3.650 3.650 471 06/14/2004 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 3.540 114 06/23/2003 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 303 12/29/2003 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 . 2.960 636 11/26/2004 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00. 99,000.00 4.050 4.050 415 04/19/2004 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 611 11/01/2004 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.850 720 02/18/2005 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 496 07/09/2004 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 1,305 09/26/2006 10670 First National Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 3.350 142 07/21/2003 10589 First Nall. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 90 05/30/2003 Run Date: 04/15/2003 - 17:01 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments February 28, 2003 Page 3 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 425 04/29/2004 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 516 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 99,836.45 95,000.00 4.850 4.850 1,536 05/15/2007 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000 00 5.250 5.250 500 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 488 07/01/2004 10669 Guaranty National Bank 03/12/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 11 03/12/2003 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 481 06/24/2004 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 303 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 510 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 325 01/20/2004 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 420 04/24/2004 10764 Insouth Bank 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 3.100 181 08/29/2003 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 74 05/14/2003 46146MBU2 10768 Investors Bank 09/03/2002 95,000.00 95,428.45 95,000.00 3.000 3.000 1,647 09/03/2007 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 265 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 499 07/12/2004 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 286 12/12/2003 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 713 02/11/2005 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 2.750 730 02/28/2005 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 390 03/25/2004 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 556 09/07/2004 10791 Midsouth Bank 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.760 219 10/06/2003 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 436 05/10/2004 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 124 07/03/2003 633360A01 10756 National Bank of Commerce 08/08/2002 95,000.00 95,569.05 95,000.00 2.800 2.800 527 08/09/2004 10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 434 05/08/2004 654062AMO 10564 Nicolet National Bank 08/01/2001 99,000.00 101,304.72 99,000.00 5.100 5.100 275 12/01/2003 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 499 07/12/2004 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 545 08/27/2004 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.200 499 07/12/2004 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 573 09/24/2004 10738 Premier Bank 06/24/2002 99 000.00 99,000.00 99,000.00 3.200 3.200 115 06/24/2003 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 418 04/22/2004 10596 Providian Bank 07/10/2001 99 000.00 99,000.00 99,000.00 5.480' 5.480 496 07/09/2004 10525 Peoples State Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 269 11/25/2003 10774 Peoples State Bank 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.450 562 09/13/2004 Run Date: 04/15/2003 - 17:01 Portfolio CNC CC PM (PRF_PM2) SywRept V5.02f City of National City Portfolio Management Portfolio Details - Investments February 28, 2003 Page 4 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment it Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 74928DAN7 10758 RBC Centura NB 08/08/2002 74,000.00 74,341.88 74,000.00 3.000 3.000 1,621 08/08/2007 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 21 03/22/2003 10570 - Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 296 12/22/2003 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 502 07/15/2004 10718 Southern New Hampshire B&T Co. 05/08/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 68 05/08/2003 10682 State Farm Financial Svcs, FSB . 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 - 4.350 - 373 03/08/2004 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.390 598 10/19/2004 10682 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 330 01/25/2004 10811 Stockmans Bank 02/13/2003 99,000.00 99,000.00 99,000.00- 2.800 2.800 715 02/13/2005 10590 First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 90 05/30/2003 10782 Total Bank - 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.150 270 11/26/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 " 4.250 503 07/16/2004 10808 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 699 01/28/2005 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.940 505 07/18/2004 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 503 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 325 01/20/2004 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 486 06/29/2004 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.920 701 01/30/2005 10661 West Pointe Bank 01/10/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 40 04/10/2003 10568 Williamstown Savings Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 104 06/13/2003 10574 York State Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 303 12/29/2003 Subtotal and Average 9,082,214.29 9,160,000.00 9,176,202,11 9,160,000.00 4.211 438 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average 95,000.00 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 446 05/20/2004 95,000.00 95,000.00 95,000.00 6.083 446 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 . 95,000.00 95,000.00 95,000.00 5.300 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,000.00 98,734.73 97,152.66 3.600 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95.000.00 95,000.00 95,000.00 5.350 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 100,437.48 99,000.00 3.500 258115AV6 10041 Dora! FSB 12/10/1998 99,000.00 99,000.00 98,384.22 5.350 90715-17243-619 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 15.799 713 02/11/2005 5.300 332 01/27/2004 15.798 684 01/13/2005 3.599 468 06/11/2004 5.350 333 01/28/2004 3.500 429 05/03/2004 5.493 284 12/10/2003 13.769 215 10/02/2003 Portfolio CNC CC Run Date: 04/15/2003 - 17:01 PM (PRE_PM2) SyrnRepl VS 021 CUSIP Investment it Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments February 28, 2003 Purchase Date Par Value Market Value Page 5 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 30241HXE3 356611FU2060 39739BS36060 441800AY8060 458657EV1 531554AG8 509665AC7 55262W W R3060 60531-17951-1 685621 C W 2060 82668FCS4 798219AB7060 856284GL2060 8649999X9 90331 V9X2 6514-18644-1 10159 FCC National Bank 10168 Fremont Investment & Loan 10162 Greenwood Trust Company DE 10262 Great South Texas Bank 10167 Household Bank 10688 Intercredit Bank 10166 Libertyville Bank & Trust 10165 Lake Forest Bank & Trust 10151 MBNA America 10329 Bank of Mount Vernon 10038 Nations Bank (Barnett Bank) 10034 Orchard Federal Savings Bank 10137 Signet Bank 10146 San Jose National Bank 10135 State Bank of India 10347 Success National Bank 10281 Upstate National Bank 10353 U S Bank NA 10332 Wilmington Trust Co Subtotal and Average 2,427,874.80 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 04/07/1999 97,000.00 100,566.69 97,000.00 5.600 03/17/1999 100,000.00 103,477.00 100,000.00 5.600 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 04/07/1999 97,000.00 100,461.93 97,000.00 5.500 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 03/03/1999 97,000.00 97,029.10 97,000.00 5.400 02/26/1999 100,000.00 100,000.00 69,971.36 6.550 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 11/04/1998 99,000.00 99,232.65 99,000.00 5.750 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 03/03/1999 97,000.00 100,050.65 97,000.00 5.400 02/12/1999 97,000.00 98,371.58 98,658.70 5.850 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 10/05/1999 100,000.00 100,000.00 78,963.99 6.570 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 2,643,000.00 2,661,361.81 2,427,874.80 5.700 375 03/10/2004 5.600 403 04/07/2004 5.600 382 03/17/2004 15.190 515 07/28/2004 5.500 403 04/07/2004 4.900 1,521 04/30/2007 5.550 391 03/26/2004 5.550 391 03/26/2004 5.400 2 03/03/2003 15.910 928 09/14/2005 5.850 155 08/03/2003 5.750 248 11/04/2003 5.500 242 10/29/2003 5.400 368 03/03/2004 5.405 122 07/01/2003 14.114 336 01/31/2004 14.890 237 10/24/2003 16.505 705 02/03/2005 14.182 382 02/26/2004 8.031 417 Federal Agency Securities 3133MMDC4 10677 3133MMHV8 10678 3133MMJ79 10686 3133MRQR6060 10773 3133MRPF3 10781 3133MSEA4C 10784 3133MSJR2C 10785 3133MSH86 10788 3133MSUR9 10789 3133MSSA9 10798 3133MTZA9C 10803 3133MU5M3C 10804 3133MUB79C 10805 3133MUQR9C 10807 Run Date: 04/152003 • 17:01 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 03/28/2002 03/28/2002 04/04/2002 09/26/2002 09/27/2002 10/24/2002 10/30/2002 10/24/2002 10/30/2002 11/07/2002 12/17/2002 12/20/2002 12/20/2002 01/15/2003 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 99,875.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,188.00 100,188.00 100,281.00 100,094.00 99,947.16 100,093.73 100,188.00 100,219.00 100,188.00 100,281.00 100,063.00 100,063.00 100,094.00 100,156.00 100,000.00 4.102 100,000.00 4.200 100,000.00 4.500 100,000.00 3.000 100,000.00 2.750 99,875.00 3.000 100,000.00 3.000 100,000.00 3.000 100,000.00 3.000 100,000.00 3.000 100,000.00 3.000 99,937.50 3.000 100,000.00 3.250 100,000.00 3.000 4.104 668 12/28/2004 4.200 577 09/28/2004 4.500 765 04/04/2005 3.000 1,670 09/26/2007 2.750 1,671 09/27/2007 3.000 1,698 10/24/2007 3.000 1,704 10/30/2007 3.000 1,698 10/24/2007 3.000 1,704 10/30/2007 3.000 1,712 11/07/2007 3.000 1,752 12/17/2007 3.014 1,755 12/20/2007 3.250 1,755 12/20/2007 3.000 1,781 01 / 15/2008 Portfolio CNC CC PM (PRF_PM2) SywRept V5.02f City of National City Portfolio Management Portfolio Details - Investments February 28, 2003 Page 6 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133MVVU4 10814 Federal Home Loan Bank 02/28/2003 100,000.00 100,000.00 100,000.00 3.000 3.000 1,825 02/28/2008 3133MVDH3C 10815 Federal Home Loan Bank 02/05/2003 100,000.00 100,250.00 100,000.00 3.050 3.050 1,802 02/05/2008 3133MVGE7C 10816 Federal Home Loan Bank 02/12/2003 100,000.00 100,261.00 100,000.00 3.000 3.000 1,809 02/12/2008 3133MVF32C 10817 Federal Home Loan Bank 02/13/2003 99,937.50 100,282.78 99,937.50 3.000 3.000 1,810 02/13/2008 Subtotal and Average 2,049,587.05 1,799,812.50 1,802,837.67 1,799,750.00 3.215 1,564 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998 0.00 0.00 0.00 6.000 6.000 0 01/15/2013 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250 7.307 0 11/01/2004 31376PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 21,245.97 22,972.84 22,142.68 8.500 6.626 122 07/01/2003 Subtotal and Average 22,309.42 21,245.97 22,972.84 22,142.68 6.626 122 Total Investments and Average 13,676,985.55 Run Date: 04/15/2003 - 17:01 13,719,058.47 13,758,374.43 - 13,504,767.48 4.782 584 Portfolio CNC CC PM (PRF_PM2) SyrnRept V5.02f SymPro CUSIP City of National City Activity Report Sorted By Brokers February 1, 2003 - February 28, 2003 Par Value Par Value City of National City Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 1,135,000.00 1,135,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs Subtotal and Balance 1,959,000.00 1,959,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 23.400% 8.500 02/15/2003 0.00 319.97 21,565.94 0.00 319.97 21,245.97 3,210,565.94 0.00 319.97 3,210,245.97 Brokers: Gilford Securities Inc Federal Agency Securities 3133MQVM3C 10761 Federal Home Loan Bank 3.125 02/27/2003 0.00 100,000.00 3133MTD54 10794 Federal Home Loan Bank 3.000 02/21/2003 0.00 99,937.50 3133MTNH7C 10795 Federal Home Loan Bank 3.000 02/27/2003 0.00 99,937.50 3133MTLH9C 10798 Federal Home Loan Bank 3.000 02/27/2003 0.00 99,968.75 3133MTFQ6C 10797 Federal Home Loan Bank 3.000 02/27/2003 0.00 99,937.50 3133MVDH3C 10815 Federal Home Loan Bank 3.050 02/05/2003 100,000.00 0.00 3133MVGE7C 10816 Federal Home Loan Bank 3.000 02/12/2003 100,000.00 0.00 3133MVF32C 10817 Federal Home Loan Bank - 3.000 02/13/2003 99,937.50 0.00 Subtotal and Balance Brokers Subtotal 1,099,656.25 299,937.50 6.559% 1,099,656.25 299,937.50 499,781.25 899,812.50 499,781.25 899,812.50 Brokers: Multi -Bank Securities Inc Run Dale: 04/15/2003 - 17:10 Portfolio CNC CC DA (PRF DA) SyrnRept VS 021 City of National City Activity Report February 1, 2003 - February 28, 2003 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 2 Certificates of Deposit - Monthly Subtotal and Balance 2,081,000.00 - 2,081,000.00 Negotiable/Transferable CDs Subtotal and Balance 684,000.00 684,000.00 Federal Agency Securities Subtotal and Balance 100,000.00 100,000.00 Pass Through Securities Subtotal and Balance 0.00 Brokers Subtotal 20.883% 2,865,000.00 0.00 0.00 0.00 2,865,000.00 Brokers: Mischler Financial Group Inc Federal Agency Securities Subtotal and Balance 600,000.00 Brokers Subtotal 4.373% 600,000.00 600,000.00 0.00 0.00 600,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133MVVU4 10814 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 0.729% 0.00 0.00 3.000 02/28/2003 100,000.00 0.00 100,000.00 100,000.00 0.00 100,000.00 0.00 100,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10463 First Enterprise Bank, West Br 5.900 02/14/...'� 10517 FNB Of St. Mary's 5.200 02/03/2003 10665 Today's Bank 3.200 02/08/2003 10666 Acuity Bank 3.200 02/22/2003 10810 Lone Star National Bank 2.800 02/11/2003 10811 Stockmans Bank 2.800 . 02/13/2003 10812 First Enterprise Bank, West Br 2.850 02/18/2003 Run Dale: 04/15/2003 - 1770 0.00 0.00 0.00 0.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 0.00 0.00 0.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.021 City of National City Activity Report February 1, 2003 - February 28, 2003 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10813 Lowcountry National Bank Subtotal and Balance Brokers Subtotal 43.327% 5,944,000.00 5,944,000.00 2.750 02/27/2003 99,000.00 0.00 396,000.00 396,000.00 396,000.00 5,944,000.00 396,000.00 5,944,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities Subtotal and Balance Brokers Subtotal 100,000.00 100,000.00 0.729% 100,000.00 0.00 0.00 100,000.00 Total 100.000% 13,819,222.19 Run Dale: 04/15/2003 - 17:10 795,937.50 896,101.22 13,719,058.47 Portfolio CNC CC DA (PRF_DA) SymRept V5.02( -401 SymPro City of National City Investments by Brokers Investments Purchased From Finance 500 Inc February 28, 2003 City of National City Purchase Current YTM YTM Maturity Days To CUSIP Investment it Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,000.00 99,527.67 2.750 2.712 2.750 08/09/2004 527 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/04/2004 614 063285AD2 10755 Bank of Little Chute 08/07/2002 99,000.00 99,000.00 99,599.94 2.800 2.761 2.800 08/06/2004 524 143876AX8 10643 Carolina Firisl Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 4.043 4.100 06/07/2004 464 177707ACO 10702 City Bank 05/15/2002 95,000.00 95,000.00 99,980.85 4.900 4.832 4.900 05/15/2007 1,536 254673898 10720 Discover Bank 06/12/2002 95,000.00 95,000.00 96,613.10 3.650 3.600 3.650 06/14/2004 471 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 09/26/2006 1,305 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 95,000.00 99,836.45 4.850 4.783 4.850 05/15/2007 1,536 46146MBU2 10768 Investors Bank 09/03/2002 95,000.00 95,000.00 95,428.45 3.000 2.958 3.000 09/03/2007 1,647 63336QAB1 10756 National Bank of Commerce 08/08/2002 95,000.00 95,000.00 95,569.05 2.800 2.761 2.800 08/09/2004 527 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.128 5.200 07/12/2004 499 74926DAN7 10758 RBC Centura NB 08/08/2002 74,000.00 74,000.00 74,341.88 3.000 2.958 3.000 08/08/2007 1,621 Subtotal and Average 1,135,000.00 1,135,000.00 1,148,897.39 3.746 3.798 923 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 Subtotal and Average 95,000.00 95,000.00 ' 95,000.00 6.000 6.000 6.083 05/20/2004 446 95,000.00 95,000.00 95,000.00 6.000 6.083 446 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 74,790.18 100,000.00 100,000.00 8.760 15.582 15.798 02/11/2005 713 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.227 5.300 01/27/2004 332 0649999X5 10346 Bank One, Colorado 01/25/2000 74,790.18 100,000.00 100,000.00 6.760 15.581 15.797 01/13/2005 684 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,152.66 97,000.00 98,734.73 3.600 3.550 3.599 06/11/2004 468 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.276 5.350 01/28/2004 333 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 99,000.00 100,437.48 3.500 3.452 3.499 05/03/2004 429 258115AV6 10041 Doral FSB 12/10/1998 98,384.22 99,000.00 99,000.00 5.350 5.417 5.492 12/10/2003 284_ 96715-17243-619 10031 Farmers Bank 10/02/1998 75,948.98 100,000.00 100,000.00 5.650 13.580 13.769 10/02/2003 215 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.621 5.700 03/10/2004 375 10262 Great South Texas Bank 09/15/1999 75,811.23 100,000.00 100,000.00 6.550 14.981 15.189 07/28/2004 515 458657EV1 10688 Intercredit Bank - 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 4.832 4.900 04/30/2007 1,521 • 531554AG8 10166 Libertyville Bank & Trust 04/08/1999 , 95,000.00 95,000.00 95,000100 5.550 5.473 5.549 03/26/2004 391 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.473 5.549 03/26/2004 391 Run Dale: 04/15/2003 - 17:00 Portfolio CNC CC OD (PRF_DO) SymRept V5.021 CUSIP Investment # Issuer City of National City Investments Purchased From Finance 500 Inc February 28, 2003 Purchase Date Book Value Par Value Page 2 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Negotiable/Transferable CDs 10329 60531-17951-1 10038 82668FCS4 10137 8649999X9 10347 10281 90331 V9X2 10353 6514-18644-1 10332 Bank of Mount Vernon Nations Bank'(Barnett Bank) Signet Bank Success National Bank Upstate National Bank U S Bank NA Wilmington Trust Co 02/26/1999 12/01/1998 03/01/1999 01/31/2000 10/05/1999 02/04/2000 03/08/1999 Subtotal and Average 69,971.36 99,000.00 97,886.10 79,937.85 78,963.99 74,008.71 76,570.64 1,742,216.10 100,000.00 99,000.00 95,000.00 100,000.00 100,000.00 100,000.00 100,000.00 1,959,000.00 100,000.00 99,000.00 95,000.00 100,000.00 100,000.00 100,000.00 100,000.00 1,962,172.21 6.550 5.850 6.250 6.270 6.570 7.020 6.150 15.691 5.769 5.424 13.920 14.686 16.279 13.987 15.909 5.850 5.499 14.113 14.890 18.505 14.181 8.895 9.019 09/14/2005 08/03/2003 10/29/2003 01/31/2004 10/24/2003 02/03/2005 02/26/2004 928 155 242 336 237 705 362 472 Pass Through Securities 3133TGSG5 10637 31376PGY5 10126 Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. 11/30/1998 0.00 0.00 0.00 6.000 5.917 6.000 01/15/2013 3,608 12/01/1998 - 22,142.68 21,245.97 22,972.84 8.500 6.534 6.625 07/01/2003 122 Subtotal and Average 22,142.68 21,245.97 22,972.84 6.535 6.626 122 Total Investments and Average Run Date: 04/15/2003 - 17:00 - 2,994,358.78 3,210,245.97 3,229,042.44 6.834 6.929 640 Portfolio CNC CC DO (PRF_DO) SymRepI V5.02f City of National City Investments Purchased From Gilford Securities Inc February 28, 2003 Page 3 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MSEA4C 10784 Federal Home Loan Bank 10/24/2002 99,875.00 99,875.00 100,093.73 3.000 2.958 3.000 10/24/2007 1,698 3133MSJR2C 10785 Federal Home Loan Bank 10/30/2002 100,000.00 100,000.00. 100,188.00 3.000 2.958 3.000 10/30/2007 1,704 3133MTZA9C 10803 Federal Home Loan Bank 12/17/2002 100,000.00 100,000.00 100,063.00 3.000 2.958 3.000 12/17/2007 1.752 3133MU5M3C 10804 Federal Home Loan Bank 12/20/2002 99,937.50 100,000.00 100,063.00 3.000 2.972 3.013 12/20/2007 1,755 3133MU079C 10805 Federal Home Loan Bank 12/20/2002 100,000.00 100,000.00 100,094.00 3.250 3.205 3.250 12/20/2007 1,755 3133MUQR9C 10807 Federal Home Loan Bank 01/15/2003 100,000.00 100,000.00 100,156.00 3.000 2.958 • 3.000 01/15/2008 1,781 3133MVDH3C 10815 Federal Home Loan Bank 02/05/2003 100,000.00 100,000.00 100,250.00 3.050 3.008 3.050 02/05/2008 1,802 -3133MVGE7C 10816 Federal Home Loan Bank 02/12/2003 100,000.00 100,000.00 100,261.00 3.000 2.958 3.000 02/12/2008 1,809 3133MVF32C 10817 Federal Home Loan Bank 02/13/2003 99,937.50 99,937.50 100,282.7E 3.000 2.958 3.000 02/13/2008 1,810 Subtotal and Average 899,750.00 899,812.50 901,451.51 2.993 3.035 1,762 Total Investments and Average Run Dale: 04/15/2003 - 17:00 899,750.00 899,812.50 901,451.51 2.993 3.035 1,762 Portfolio CNC CC DD (PRF_DD) SymRepl V5.02f City of National City Investments Purchased From Multi -Bank Securities Inc February 28, 2003 Page 4 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value • Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10772 Approved Federal Savings Bank 09/18/2002 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 03/18/2003 17 10719 Bank of Utica 05/22/2002 99,000.00 99,000.00 99,000.00 - 3.200 3.156 3.200 05/22/2003 82 10577 Banktirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 06/22/2004 479 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 05/12/2003 72 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.099 5.170 07/20/2004 507 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.030 5.100 12/29/2003 303 10764 Insouth Bank 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 3.057 3.100 08/29/2003 181 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.424 5.500 07/12/2004 499 10791 Midsouth Bank 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.722 2.760 10/06/2003 219 654062AMO 10564 Nicole( National Bank 06/01/2001 99,000.00 99,000.00 - 101,304.72 5.100 5.030 5.100 12/01/2003 275 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.326 5.400 07/12/2004 499 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.353 3.400 08/27/2004 545 10738 Premier Bank 06/24/2002 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 06/24/2003 115 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 • 99,000.00 5.480 5.404 5.480 07/09/2004 496 10718 Southern New Hampshire B&T Co. 05/08/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 05/08/2003 68 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.290 4.350 03/08/2004 373 10662 Sterling Bank & Trust, FSB 01/25/2002 - 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/25/2004 330 10590 First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 5.424 05/30/2003 90 10762 Total Bank 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.106 3.150 11/26/2003 270 10568 Williamstown Savings Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 06/13/2003 104 10574 York State Bank & Trust • 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 303 Subtotal and Average 2,081,000.00 2,081,000.00 2,083,304.72 4.272 4.331 277 Negotiable/Transferable CDs 356611FU2080 10168 Fremont Investment & Loan 04/07/1999 97,000.00 97,000.00 100,566.69 5.600 5.523 5.600 04/07/2004 403 39739BS36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 100,000.00 103,477.00 5.600 5.523 5.800 03/17/2004 382 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 97,000.00 100,461.93 5.500 5.424 5.500 04/07/2004 403 55262WWR3060 10151 MBNA America 03/03/1999 97,000.00 97,000.00 97,029.10 5.400 5.326 5.400 03/03/2003 2 685621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 99,000.00 99,232.65 5.750 5.671 5.750 11/04/2003 248 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 97,000.00 100,050.65 5.400 5.326 5.400 03/03/2004 368 856284GL2060 10135. State Bank of India 02/12/1999 98,658.70 97,000.00 98,371.58 5.850 5.330 5.404 07/01/2003 122 Subtotal and Average 685,658.70 684,000.00 699,189.60 5.447 5.523 275 Run Date: 04/15/2003 - 17:00 Portfolio CNC CC DO (PRF_DO) SyrnRept V5.02f City of National City Investments Purchased From Multi -Bank Securities Inc February 28, 2003 Page 5 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date. Maturity Federal Agency Securities 3133MRQR8060 10773 Federal Home Loan Bank 09/26/2002 100,000.00 100,000.00 100,094.00 3.000 2.958 3.000 09/26/2007 1,670 Subtotal and Average 100,000.00 100,000.00 100,094.00 2.959 3.000 1,670 Pass Through Securities 31384TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250 7.206 7.307 11/01/2004 611 Subtotal and Average 0.00 0.00 0.00 0.000 0.000 0 Total Investments and Average 2,866,658.70 Run Dale: 04/15/2003 - 17:00 2,865,000.00 2,882,588.32 4.507 4.570 325 Portfolio CNC CC DC/ (PRF_DD) SyrnRept V5.021 City of National City Investments Purchased From Mischler Financial Group Inc February 28, 2003 Page 6 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MMDC4 10677 Federal Home Loan Bank 03/28/2002 100,000.00 100.000.00 100,188.00 4.102 4.047 4.103 12/28/2004 668 3133MMHV8 10678 Federal Home Loan Bank 03/28/2002 100,000.00 100,000.00 100,188.00 4.200 4.142 4.200 09/28/2004 577 3133MMJ79 10686 Federal Home Loan Bank 04/04/2002 100,000.00 100,000.00 100,281.00 4.500 4.438 4.500 04/04/2005 765 3133MSH86 10788 Federal Home Loan Bank 10/24/2002 100,000.00 - 100,000.00 100,219.00 3.000 2.958 3.000 10/24/2007 1,698 3133MSUR9 10789 Federal Home Loan Bank - 10/30/2002 100,000.00 100,000:00 100,188.00 3.000 2.958 3.000 10/30/2007 1,704 3133MSSA9 10798 Federal Home Loan Bank 11/07/2002 100,000.00 100,000.00 100,281.00 3.000 2.958 3.000 11/07/2007 1,712 Subtotal and Average 600,000.00 600,000.00 601,345.00 3.584 3.634 1.187 Total Investments and Average Run Dale: 04/15/2003 - 17:00 600,000.00 600,000.00 601,345.00 3.584 3.634 1,187 Portfolio CNC CC DD (PRF_DO) SymRepl V.5.02f City of National City Investments Purchased From PaineWebber Inc February 28, 2003 Page 7 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date ¢ook Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MWU4 10814 Federal Home Loan Bank 02/28/2003 100,000.00 100,000.00 100,000.00 3.000 2.958 3.000 02/28/2008 1,825 Subtotal and Average 100,000.00 100,000.00 100,000.00 • 2.959 3.000 1,825 Total Investments and Average 100,000.00 100,000.00 100,000.00 2.959 3.000 1,825 Run Dale: 04/15/2003 - 17:00 Portfolio CNC CC OD (PRF DO) SymRepl V5 02f City of National City Investments Purchased From U.S. Sterling Capital Corp. February 28, 2003 Page 8 Purchase - Current YTM YTM Maturity Days To CUSIP Investment P Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/26/2004 513 10563 Albemarle First Bank 08/01/2001 - 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 04/01/2003 31 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00. 4.100 4.043 4.100 04/25/2004 421 10872 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 03/29/2004 394 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.254 3.300 10/12/2004 591 10594 Bank of Jamestown 07/05/2001 , 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/05/2004 310 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/23/2004 - 419 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.040 5.110 06/25/2003 116 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 , 4.040 07/09/2004. 496 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 496 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 05/13/2004 439 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/30/2004 426 10524 Community National Bank _ 05/22/2001 99,000,00 99,000.00 99,000.00 5.200 5.128 5.200 05/22/2003 82 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 06/13/2003 104 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/02/2004 307 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 3.491 3.540 06/23/2003 114 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 303 10802 E-Trade Bank 11/25/2002' 99,000.00 99,000.00 99,000.00 2.960 2.919 2.960 11/26/2004 636 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 3.994. 4.050 04/19/2004 415 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/01/2004 611 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.810 2-850 02/18/2005 720 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/09/2004 496 10670 First National Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 3.304 3.350 07/21/2003 142 10589 First Natl. Bk.of Damariscotta 05/30/2001 99,000.00 • 99,000.00 99,000.00 5.100 5.100 5.170 05/30/2003 90 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/29/2004 425 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.787 3.840 07/29/2004 516 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 07/13/2004 500 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 07/01/2004 488 10669 Guaranty National Bank 03/12/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 03/12/2003 11 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 06/24/2004 481 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 07/23/2004 510 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/20/2004 325 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 04/24/2004 420 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 05/14/2003 74 Run Date: 04/15/2003 -17:00 Portfolio CNC CC DD (PRF_OD) SymRept V5.02f City of National City Investments Purchased From U.S. Sterling Capital Corp. February 28, 2003 Page 9 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value' • Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10523 Key Bank USA 05/21/2001 99,000.00 10565 Lakeland Community Bank 08/13/2001 99,000.00. 10810 Lone Star National Bank 02/11/2003 99,000.00 10813 Lowcountry National Bank , 02/27/2003 99,000.00 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 10736 Mercantile T&SB 06/04/2002 99,000.00 10715 Mesa Bank 05/09/2002 99,000.00 10593 Mutual Bank 07/03/2001 99,000.00 10714 New Frontier Bank 05/08/2002 - 99,000.00 10776 PNB Financial Bank 09/24/2002 99,000.00 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 10525 Peoples State Bank of Truman 05/25/2001 99,000 00 10774 Peoples State Bank 09/12/2002 99,000.00 10478 Republic National Bank 03/22/2001 99,000.00 10570 Suburban Bank & Trust 06/20/2001 99,000.00 10751 Security Bank 07/15/2002 99,000.00 10775 SouthTrust Bank 09/19/2002 99,000.00 10811 Stockmans Bank 02/13/2003 99,000.00 10717 Traditional Bank 05/16/2002 99,000.00 10808 Treasury Bank 01/28/2003 99,000.00 10752 Union National Bank of Elgin, 07/18/2002 99,000.00' 10601 Union Bank 07/16/2001 99,000.00 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 10578 World's Foremost Bank 06/29/2001 100,000.00 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 10661 West Pointe Bank 01/10/2002 99,000.00 Subtotal and Average 99,000.00 99,000.00 5.250 5.178 5.250 11/21/2003 265 99,000.00 99,000.00 5.250 5.178 5.250 12/12/2003 286 99,000.00 99,000.00 2.800 2.761 2.800 02/11/2005 713 99,000.00 99,000.00 2.750 2.712 2.750 02/28/2005 730 99,000.00 99,000.00 4.110 4.053 4.110 03/25/2004 390 99,000.00 99,000.00 4.250 4.191 4.250 09/07/2004 556 99,000.00 99,000.00 4.100 4.043 4.100 05/10/2004 436 99,000.00 99,000.00 5.050 4.980 5.050 07/03/2003 124 99,000.00 99,000.00 4.100 4.043 4.100 05/08/2004 434 99,000.00 99,000.00 3.250 3.205 3.250 09/24/2004 573 99,000.00 99,000.00 4.150 4.093 4.150 04/22/2004 418 99,000.00 99,000.00 5.300 5.227 5.300 11/25/2003 269 99,000.00 99,000.00 3.450 3.402 3.450 09/13/2004 562 99,000.00 99,000.00 5.450 5.375 5.450 03/22/2003 21 99,000.00 99,000.00 5.350 5.276 5.350 12/22/2003 296 99,000.00 99,000.00 3.980 3.925 3.980 07/15/2004 502 99,000.00 99,000.00 3.390 3.343 3.390 10/19/2004 598 99,000.00 99,000.00 2.800 2.761 2.800 02/13/2005 715 99,000.00 99,000.00 4.250 4.191 4.250 07/16/2004 503 99,000.00 99,000.00 3.050 3.008 3.050 01/28/2005 699 99,000.00 99,000.00 3.940 3.886 3.940 07/18/2004 505 99,000.00 99,000.00 5.200 5.128 5.200 07/16/2004 503 99,000.00 99,000.00 5.150 5.079 5.150 01/20/2004 325 100,000.00 100,000.00 5.300 5.227 5.300 06/29/2004 486 99,000.00 99,000.00 2.920 2.880 2.920 01/30/2005 701 99,000.00 99,000.00 3.400 3.353 3.400 04/10/2003 40 5,944,000.00 5,944,000.00 5,944,000.00 4.189 4.248 401 Total Investments and Average 5,944,000,00 Run Dale: 04/15/2003 - 17:00 5,944,000.00 5,944,000.00 4.189 4.248 401 Portfolio CNC CC DD (PRF_DD) SyrnRept V5.02f City of National City Investments Purchased From Vining -Sparks IBG February 28, 2003 Page 10 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MRPF3 10781 Federal Nome Loan Bank 09/27/2002 100,000.00 100,000.00 99,947.16 2.750 2.712 2.750 09/27/2007 1,671 Subtotal and Average 100,000.00 100,000.00 99,947.16 2.712 2.750 1,671 Total Investments and Average Run Dale: 04/15/2003 - 17:00 100,000.00 100,000.00 99,947.16 2.712 2.750 1,671 Portfolio CNC CC DO (PRF_DD) SymRepl V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT February 28, 2003 ENDING FUND FUND TITLE BALANCE 001 GENERAL FUND 6,262,349.85 103 GENERAL CAPITAL OUTLAY FUND 767,359.68 108 LIBRARY CAPITAL OUTLAY 230,978.00 109 GAS TAXES FUND 1,505,713.57 110 EMERGENCY PREPAREDNESS FUND 39,062.50 113 CULTURAL ARTS FUND 95,000.00 115 PARK & REC CAPITAL OUTLAY FUND 91,899.58 120 PLAN CHECKING REVOLVING FUND 108,118.86 125 SEWER SERVICE FUND 7,724,058.88 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 227,361.06 131 ASSET FORFEITURE FUND 474,628.25 136 TINY TOT CLASSES FUND 10,402.82 145 JUVENILE EDUCATION FUND 3,001.51 154 STATE PUBLIC LIBRARY FUND 85,107.85 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND 25,399.90 159 GENERAL PLAN UPDATE RESERVE 269,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 39,208.10 172 TRASH RATE STABILIZATION FUND 485,372.41 173 NATIONAL SCHOOL DIST CONTRACT 26,379.00 175 PETROLEUM VIOLATORS ESCROW 5,510.00 176 POLICE REIMBURSED OVERTIME 15,336.90 177 RESTITUITION REIMBURSEMENTS 500.00 178 POLICE HAT BADGES 72.56 179 NPT BUS DONATIONS FUND 614.65 188 GRANT - HIDTA 24,273.28 189 CIVIC CENTER REFURBISHING 3,157,608.93 190 30TH STREET CLEANUP FUND - 1303 252,096.35 192 LEASE ESCROW FUND 61,091.26 195 LANDSCAPE RESERVE 899,715.61 196 CAPITAL PROJECT RESERVE 653,268.10 197 PRODUCTIVITY IMPROVEMENT RESER 50,000.00 198 PROPERTY EVIDENCE SEIZURE 18,901.19 200 30TH STREET CLEANUP FUND - 1304 610,615.38 203 PARK SECURITY/GTE LEASE 28,000.00 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 73,913.60 211 SECURITY AND ALARM REGULATION FUND 101,474.41 212 PERSONNEL COMPENSATION FUND 764,608.00 214 EVERY 15 MINUTES GRANT FY1999-2000 2,833.95 216 FULFILL 6,718.47 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 223 FACE TO FACE INFORMATION GRANT FY 00-01 8.19 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 95,537.82 227 CLLS MATCHING FUNDS 1.34 228 GROWING WITH MOTHER GOOSE GRANT 25.86 229 CLEEP GRANT 41,617.43 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 234 EMPLOYEE COMPUTER PURCHASE FUND 20,609.47 236 FIRST PEOPLES GRANT 20,471.02 237 LEARN @ NCPL 18,006.15 238 VIDEOCONF.COMM. OF PRACTICE GRANT 19,577.00 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 24,231.04 240 LITERACY INTIATIVES XI 5,700.72 270 NUISANCE ABATEMENT FUND 1,587.68 272 LITERACY INITIATIVES X 2.61 303 CAPITAL FACILITIES FUND 626,243.40 304 PARK DEVELOPMENT FUND 145,199.07 307 PROPOSITION A" FUND 3,089,148.22 308 GRANT -HIGHWAY BRIDGE REHAB 562,944.55 312 STP LOCAL/TRANSNET HIGHWAY 349,294.41 314 OTS GRANT 3,024.50 343 STATE -LOCAL PARTNERSHIP 103,227.49 345 TRAFFIC CONGESTION RELIEF 521,937.67 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 626 FACILITIES MAINT FUND 769,444.56 627 LIABILITY INS. FUND 4,478,186.04 629 INFORMATION SYSTEMS MAINTENANC 256,116.11 630 OFFICE EQUIPMENT DEPRECIATION 2,002,063.18 631 TELECOMMUNICATIONS REVOLVING 363,448.35 633 UNEMPLOYMENT INSURANCE RESERVE 162,081.00 643 MOTOR VEHICLE SVC FUND 284,771.23 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 45,579.02 725 PLANNING 1,470.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 59,882.47 727 BUILDING AND SAFETY T & A DEPOSITS 5,000.00 TOTAL ALL FUNDS 39,374,067.17 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING FEBRUARY FEBRUARY FUND # FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 176 POLICE REIMBURSED OVERTIME 188 GRANT - HIDTA 190 30TH STREET CLEANUP FUND - 1303 191 STOP PROJECT 192 LEASE ESCROW FUND 198 PROPERTY EVIDENCE SEIZURE 200 30TH STREET CLEANUP FUND - 1304 201 NCJPFA DEBT SERVICE FUND 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 216 FULFILL 218 HIHG INTENSITY PREVENTION ZONE 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 222 WOW MOBILE GRANT FY 2000-2001 229 CLEEP GRANT 231 HOUSING PILOT PROGRAM 232 TRAN DEBT SERVICE FUND 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 235 COPS IN SCHOOLS 236 FIRST PEOPLES GRANT 237 LEARN @ NCPL 238 VIDEOCONF.COMM. OF PRACTICE GRANT 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 240 LITERACY INTIATIVES XI 270 NUISANCE ABATEMENT FUND 272 LITERACY INITIATIVES X 302 CDC PAYMENTS 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAUTRANSNET HIGHWAY 313 GRANT-CMAQ 314 OTS GRANT 316 CALIFORNIA ENERGY COMM GRANT 343 STATE -LOCAL PARTNERSHIP 345 TRAFFIC CONGESTION RELIEF 552 TDA REVENUE YTD REVENUE 2,154,373.96 18, 349,483.75 0.00 25,848.00 10,145.26 279,874.81 11,821.81 326,125.04 10,442.37 54,421.89 0.00 660,270.50 5,116.92 39,003.13 100.00 51,236.97 3,489.98 62,347.72 '0.00 11,395.00 481,799.93 3,323,580.97 0.00 11,790.00 668.21 146,882.88 0.00 21,504.91 40.00 2,720.00 0.00 3,000.00 0.00 37,373.00 0.00 962.19 0.00 25,063.90 10,469.90 43,415.60 0.00 26,638.56 0.00 26,379.00 2,919.52 27,011.21 0.00 21.728.48 0.00 2,651.15 3,424.00 49,914.00 0.00 2,272.57 0.00 12,400.00 0.00 6,489.20 0.00 367,172.19 0.00 152,400.50 2,228.38 29,373.72 20, 769.00 166,152.00 0.00 34,418.31 0.00 95,336.88 0.00 17,052.63 0.00 40,148.00 0.00 92,969.35 0.00 19,451.69 0.00 263.08 0.00 24,906.81 0.00 (4,443.31) 0.00 108, 350.00 0.00 51,822.00 0.00 29,002.00 0.00 106,123.00 0.00 149,075.00 210.00 250.00 0.00 128,970.00 51,481.26 284,834.39 0.00 890,283.35 0.00 484,393.27 0.00 84,119.33 0.00 145,587.10 0.00 3,024.50 0.00 5,000.00 0.00 (115.02) 0.00 64,881.00 115,001.00 1,475,961.74 626 FACILITIES MAINT FUND 140,974.00 1,127,792.00 627 LIABILITY INS. FUND 150,925.36 1,378,303.33 628 GENERAL SERVICES FUND 23,331.00 186,648.00 629 INFORMATION SYSTEMS MAINTENANC 29,751.00 238,008.00 630 OFFICE EQUIPMENT DEPRECIATION 46,626.00 373,482.10 631 TELECOMMUNICATIONS REVOLVING 25,769.00 206,195.20 632 GENERAL ACCOUNTING SERVICES 48,100.00 384,800.00 633 UNEMPLOYMENT INSURANCE RESERVE 3,193.00 25,544.00 643 MOTOR VEHICLE SVC FUND 63,139.00 506,605.50 721 LIBRARY TRUST FUND 0.00 (160.36) TOTALS 3,416,309.86 33,125,765.71 MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING FEBRUARY FUND NO. FUND TITLE FEBRUARY YTD.FEBRUARY 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT .172 TRASH RATE STABILIZATION FUND 174 SWEETWATER SCHOOL DIST CONTRAC 188 GRANT - HIDTA 189 CIVIC CENTER REFURBISHING 191 STOP PROJECT 192 LEASE ESCROW FUND 193 COPS GRANT PART III 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 198 PROPERTY EVIDENCE SEIZURE 200 30TH STREET CLEANUP FUND - 1304 201 NCJPFA DEBT SERVICE FUND 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLE, 211 SECURITY AND ALARM REGULATION FUND 216 FULFILL 218 HIHG INTENSITY PREVENTION ZONE 222 WOW MOBILE GRANT FY 2000-2001 225 ENGLISH LANGUAGE LITERACY INCENTIVE El 227 CLLS MATCHING FUNDS 229 CLEEP GRANT 230 ABANDONED VEHICLE ABATEMENT GRANT 231 HOUSING PILOT PROGRAM 232 TRAN DEBT SERVICE FUND 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 235 COPS IN SCHOOLS 236 FIRST PEOPLES GRANT 237 LEARN @ NCPL 238 VIDEOCONF.COMM. OF PRACTICE GRANT 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 240 LITERACY INTIATIVES XI 272 LITERACY INITIATIVES X 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL(TRANSNET HIGHWAY 313 GRANT-CMAQ 348 STATE GRANT 349 GEN FUND LOCAL ASSISTANCE FOR PARKS ( 552 TDA 1, 907, 788.42 15,679, 245.15 95,619.04 796,914.11 58,613.33 479,069.47 (1,102.95) 27, 530.14 32, 367.41 246, 319.65 0.00 20,187.50 11,174.35 70, 084.04 99.00 792:00 0.00 9,637.25 2,138.98 22,735.76 1, 260, 903.82 4, 309, 465.77 0.00 42,627.42 7,236.49 60,583.24 0.00 1,390.62 0.00 2,216.42 6,729.54 51, 572.92 7,466.40 39,066.90 3,340.42 23, 384.10 1,985.35 30, 077.20 6,163.20 66, 071.08 8,367.56 69, 387.25 31, 975.49 118,254.02 14, 372.09 91,145.63 7,145.99 30,792 54 0.00 5, 07 i .05 0.00 8,242.00 0.00 14, 298.82 839.87 5,171.14 0.00 8,094.74 0.00 366,995.53 3,533.12 78, 486.90 3,141.86 24,608.90 20,000.00 46,999.84 0.00 45,068.88 5,830.95 67, 856.76 46,749.64 252,654.76 0.00 1,434.78 3,176.21 54, 528.13 9,509.74 71, 976.26 7,460.66 58,604.31 0.00 10,566.85 0.00 8,987.85 0.00 15,004.08 29,115.04 62, 540.27 10, 206.21 33, 815.85 9,425.00 9,425.00 0.00 81, 891.96 6,308.29 143,374.28 0.00 256,987.69 65, 089.10 361,494.13 57, 392.34 329, 972.61 50, 702.61 65,130.14 9,372.06 75, 544.00 0.00 29, 844.86 10, 026.44 190, 310.48 315.00 427,184.17 6,965.00 33, 523.15 9,700.00 88, 407.00 140, 026.84 1, 519, 786.15 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 102, 907.10 229, 382.55 12,447.29 84,773.72 52,089.49 18, 856.65 67, 523.64 79,749.99 TOTAL ALL FUNDS 4,615,000.34 1, 015, 763.45 1,218,487.97 142,554.63 384,408.30 306,918.31 139,872.38 405,366.55 644,638.67 31,400,449.76 Date City of National City Pooled Investment Transactions Report For the Month of Feb 2003 Description Institution Ref. No. Amount Beginning Balance 25,676,190.59 02/06/03 Withdrawal LAIF 117340 (500,000.00) 02/14/03 Withdrawal LAIF 478396 (200,000.00) 02/20/03 Deposit LAIF 762484 1,200,000.00 02/21/03 Withdrawal LAIF 97342 (900,000.00) 02/25/03 Withdrawal LAI F 532044 (210,000.00) 02/26/03 Withdrawal LAIF 752642 (215,000.00) 02/27/03 Withdrawal LAIF 439412 (500,000.00) Ending Balance 24,351,190.59 MEETING DATE May 6, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 17 ITEM TITLE CLAIM FOR DAMAGES: James Stever ( PREPARED BY Michael R. Dalla, CM(�EPARTMENT City Clerk EXPLANATION The claim of James Stever arises from an occurrence on March 24, 2003 and was filed with the City Clerk's Office on March 26, 2003 { Environmental Review N/A Financial Statement N/A Approved Bys Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS $ Listed Below } Resolution No. ' N/A A 15 99) .FETING DATE May 6, 2003 ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT CLAIM FOR DAMAGES: Analilia Mino fY AGENDA ITEM NO. 18 PREPARED BY Michael R. Dalla, CMGIEPARTMENT City Clerk EXPLANATION The claim of Analilia Mino arises from an occurrence on March 7, 2003 and was filed with the City Clerk's Office on April 1, 2003 Environmental Review 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 d Listed Below) Resolution No. N/A City of National City COUNCIL AGENDA STATEMENT 19 MEETING DATE: May 6, 2003 AGENDA ITEM NO. ITEM TITLE: RESOLUTION: APPROVING THE FY 2003-04 CONSOLIDATED PLAN ANNUAL PLAN DOCUMENT INCLUDING PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS. PREPARED BY: Paul Desrochers, EPARTMENT Community Development Commission Executive Director EXPLANATION: On March 19, 2003, the City Council received public comment and testimony from several community organiza- tions in regard to proposed capital projects and public service programs, as well as the draft 2003-04 Annual Plan (AP) document (Attachment No. 1). Per HUD regulations, the City must hold a 30-day comment period for the public to review the CPAP document and to make comments or suggest changes. This 30-day period began February 3, 2003 and ended March 3, 2003. Both CDBG and HOME recommendations have been provided for Council consideration by the Housing & Com- munity Development Committee. On April 15, 2003, City Council submitted their funding allocations for this years' CDBG and HOME program applicants (Attachment 2). Due to a shortfall in Public Services funding, the Community Development Commission and the City opted to fund the following programs through CDC and City 2003-2004 Budget funds as follow: CDC • Building and Safety Department Graffiti Program: $30,000 • New Beginnings 2 Steps Ahead Program: $ 7,400 • San Diego Hispanic Chamber of Commerce (Vendor Outreach Program): $10,000 • San Diego Capital Collaborative (Reinvestment Task Force): $50,000 City Parks and Recreation Tiny Tots Program: $18,000 Environmental Review X N/A Financial Statement The City will receive $670,160 in HOME and $1,351,000 in CDBG funds from the Department of Housing and Urban Development for FY 2003-04. STAFF RECOMMENDATION City Council approve the 2003-04 Annual Plan including proposed CDBG and HOME programs' budg- ets; and authorize CDC staff to submit said plans to Los Angles HUD Field Office for approval. BOARD/COMMISSION RECOMMENDATION IATTACHMENTS (Listed Below) 1. 2003-04 Annual Action Plan (DRAFT) 2. City Council Funding Allocations - CDBG and HOME Program Resolution No. 2003-61 RESOLUTION 2003 - 61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2003-04 ANNUAL PLAN INCLUDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS WHEREAS, the City of National City administers the allocation of CDBG and HOME funding for the Federal Government under the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, as a grantee of CDBG and HOME funds, the City of National City is required to prepare a Five -Year Consolidated Plan for FY 2000-05 and a One -Year Annual Plan for FY 2003-04; and WHEREAS, the City desires to allocate program funds for the 2003-04 program year; and WHEREAS, the City Council of the City of National rity held a public hearing on the allocation of said funds on March 19 and April 15, 2003; and WHEREAS, the City has agreed to allocate these funds as shown on Exhibit "A" attache hereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the CDBG and HOME funds as shown on the attached Exhibit "A" are approved, and the Mayor is hereby authorized, on behalf of the City Council, to submit the 2003-04 Annual Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 6' day of May, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: St Michael Dalla, City Clerk George H. iser, III City Attorney Tab No. 2003-2004. CDBG AND. HOME REQUESTS CDBG. Allocation $ 1,351,000.00 HOME Allocation $......670,160.00 Amount Amount of Requested Council Funding CDC/City - - -„- ---- CDBG. Administration and. Planning $......103,000.00 $... ,103,000.00 New $28,000 for. Neighborhood Council. Administration $ ..60,000.00 $.. .... 30,000.00 Community. Youth Athletic Center Program Development City of. National City -. Building and. Safety Graffiti. Removal (25%) $ 31,328.00 $ City. of. National City. -. Public Library Literacy. Services $ 47,250.00 $......47,250.00 MAAC. Project Human Services. $25,000.00 $ 25,000.00 City of National City. - Parks. and. Recreation Tiny Tots $. 18,000.00 $.......... - OperationSamahan Youth-2-Youth . $59,153.00 $ 50,000.00 City of National City. -. Parks. and. Recreation Swim Program $ 21,000.00 $ 11,000.00 Boys and Girls Club. of. National City Afterschool Transportation Program $ 15,725.00 $........15,725.00 PASACAT Asian Pacific Arts,. Co. Focus. National City $ .15,000.00 $.. ....15,000.00 United Fil-Am Senior. Citizens of San. Diego Senior Services. in National City . $ ........5,000.00 $...... 3,000.00 ' Young Life Young Life. Summer and. Winter Camps $........30,000.00 $... . .. . - Trauma Intervention Program Services T.I.P.S. $ 8,000.00 $........5,675.00 Critical Hours. Program National City. Critical Hours Program $.......25,000.00 $... _. - ! Interamerican College Operation Self-sufficiency $.......20,000.00 $.. .. .. ..- 3 Occupational Training Services Resident Services at Park Villa S. . .75,000.00 $. .... - 3 Southwest Center. for Asian Pacific American LaH Legal Services. and. Education $. 50,000.00 $.. . . . t New Beginnings. Church 2 Steps. Ahead $ 7,400.00 $ - 3 Paradise. Creek Education Park, Inc. Little. Salt Marsh Schoolhouse $ 19,000.00 $...... Tab No. Organization Amount Amount of 31 National School District -y Adult Crossing Guards. a`: Las. Palmas and. Olivewood. Schools •.Y yYVw-V V $.........5,000.00 VVYI/YI/ I YIIM IIIS $.. .. ....... - 6 The Charles I.. Cheneweth Foundation Community Access Program $.... ..6,800.00 $...... - 11 Lutheran. Social Services of Southern California Shared. Housing $ .8,660.00 $.. . 16 Labor's Community Service. Agency National City. Home Security. Program/Value in Home. Security $. ....45,000.00 $.. ... 10 San Diego Inner-city. Junior Golf Foundation Inner-city. Juvenile Crime. Prevention $. 19,926.00 25 South Bay. Community Services Rental Assistance. Program $... .5,000.00 24 Save our Youth's. Lives Save our. Youth's. Lives $........97,000.00 Amount Available for Public Services (15% Cap) $ 202,650 00 Total Allocated $ 202,650 00 37 �� t�.,.®ai`i (c pcm; ��tiAaf( (' f 'k. ..z�W.. 1v1....dx� MAAC Project � rt .. 4 xd,'..ulARi�45Nu+W3.ixcr„tr1Jhfa.V.fd5A:6�i2IS1raa.WSIS.�f�➢e�i�`. ��Fwr`m�YM1ire'xAki6 MAAC. Project Office Renovation [ 5 ... uCtl 6...'u11.L.w4e,...fw.�,�;.5:.:s.'fw:c.nv' $ 125,000.00 gp r, k:wiwa.riY $.... ,125,000.00 32 City of National City. -. Building and Safety Graffiti Removal (75%) $,93,987.00 $.. _..93,550.00 29 San Diego. County Hispanic Chamber of Commerc Diverse Emerging Vendor Outreach Program $...... ..10,000.00 $..... - 38 Operation. Samahan Capital Improvements $........80,000.00 $.. 50,000.00 41 ' National City Living History Farm Preserve New Bathroom/Lavatory $ 10,000.00 $..... .10,000.00 34 City of National City - Building and. Safety Code. Enforcement Pilot Program Matching Funds $50,000.00 $.......50,000.00 42 CDC -Senior Nutrition. Center Dining Room Interior Improvements $. 50,000.00 $...... 30,000.00 33 City of National City. - Building and. Safety Housing Inspection. Program $ 36,300.00 $ 23,000.00 35 Community. Development Commission Historic Kimball House. Renovation S... ,150,000.00 $........ 30 South. County Economic Development Council South County Partnership. is Community. Development and. Business. Assistance $.......15,000.00 $. 40 San Diego Capital Collaborative San Diego. Reinvestment Task Force $.. . ..50,000.00 $ 23 Urban Corps. of San Diego National City. Community. Project $ .75,000.00 $....... 36 The Diversity Group Employment Training and. Placement Center $ 19,926.00 $.. .. .. .. Tab No. Amount Amount of Requested Council Funding Vr gutithuuUI/ • • "3• `"••• PASACAT Festival of Lights Withdrawing Request $ 17,000.00 Community. Food. Bank of. National City Community. Food. Bank of. National City. New. Location $ 500,000.00 S. .. . - w., Amount Requested for Economic Development $ 919,937.00 $. .15,000.00 _ . $.. .10,000.00 AABCA, Inc. Illegal Garage Conversions. Informational Program City. of National City. -. Parks and Recreation Las. Palmas Pool Rehabilitation $.. ....70,000.00 $... .70,000.00 CDC/City National City. Villages Master Planning $. ...50,000.00 $.. - 1 City of National City. - Fire. Department Fire. Apparatus $. 56,000.00 $... . 56,000.00 Community Development Commission National City Boulevard Streetscape. (7th to 12th) $ . _1,000,000.00 $. 300,000.00 City of National City. - Fire Department Fire. Equipment $ 59,800:00 $... . 59,800.00 I CDC/City National City. Villages Master Planning Implementa $ 250,000.00 $.... - ' City of National City -. Engineering/Public Works Installation of Pedestrian Ramps $.... 150,000.00 $.. ...50,000.00 3 City of National City - Engineering/Public Works Granger Music Hall Parking Lot Resurfacing Projecl $ . ...20,000.00 $ 10,000.00 3 City of National City - Engineering/Public Works Miscellaneous Storm Drain Improvements $ ... 50,000.00 $....... 25,000.00 i City of National City - Parks. and Recreation Scoreboard. at Camacho Center $ . . ..9;000.00 $.. ... 9,000.00 4 City of National City - Parks and Recreation Fencing at Kimball and Las Palmas. Park $ . .20,000.00 $ .20,000.00 1 City. of National City. - Engineering/Public. Works Alley. Improvements $. 125,000.00 '$. .. D City of National City - Engineering/Public Works Street Widening at Las Palmas. Park $... ...75,000.00 $.. . - 9 City of National City - Engineering/Public Works Miscellaneous. Concrete. Improvements $100,000.00 $........50,000.00 l City. of National City -. Parks. and. Recreation Scoreboard. at Las Palmas New $ 4,000.00 Total Amount Available for CIP and Economic Development $ 1,148,350.00 $ 1,148,350.00 Total Allocated Tab No. Organization 65 MAAC Project 60 63 61 64 CDC Christmas. in July CDC - CHDO Sponsored The. Charles I. Cheneweth Foundation Amount Amount of Program Requested Council Funding Housing Counseling &. Financial Literacy Program Administration Home. Repair/Rehabilitation Assist in Production of Affordable. Housing Residential Home. Project 63,000.00 $.. 75,000.00 $.. 492,000.00 $ 100,000.00 35,080.00 $..... ,..63,000.00 $......80,080.00 $. 492,000.00 $. Amount Available for HOME $ 670,160.00 Total Allocated $ 670,160.00 ,JIEETING DATE May 6,2003 City of National City, California CIL AGENDA STATE E T AGENDA ITEM NO. 20 ITEM TITLE AN ORDINANCE OF THE CITY OF NATIONAL CITY REGULATING WHOLESALE FOOD WAREHOUSES PREPARED BY Kathleen Trees, Director 4213 DEPARTMENT Building & Safety EXPLANATION The County of San Diego has requested that the City Council adopt the following ordinance in order to allow them to regulate wholesale food warehouses. Attached is a letter and information from the County explaining their concerns with the food warehouses. Environmental Review ✓ N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) County Letter and backup material Ordinance County Ordinance Account No. Resolution No. A-200 (9/80) ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INCORPORATING BY REFERENCE SECTIONS 61.212 THROUGH 61.256 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES, PERTAINING TO WHOLESALE FOOD WAREHOUSES The City Council of the City of National City ordains as follows: Section 1. Purpose and Intent. Wholesale food warehouses are not adequately regulated by the State of California. Recent inspections of some of these warehouses by the County of San Diego ("County") have revealed rodent infestations, mishandling of recalled food, and other conditions that could lead to food -borne illness. The County has responded to these problems by enacting Ordinance No. 9525 (New Series), which establishes a mandatory permit program, a permit fee, and regulatory requirements applicable to wholesale food warehouses. The food stored in wholesale food warehouses is frequently distributed across city boundaries. An effective regional food warehouse permitting .and regulatory program requires enactment of a regulatory ordinance in this City that parallels the County ordinance, and cooperation between the City and the County to implement that ordinance. Section 2. County Enforcement of City Ordinance. The City has an agreement in place with the County that provides for certain services related to public health and sanitation to be provided by the County within the City. The City desires that the County also implement the permitting and regulatory program established by this ordinance. The City Manager is authorized to enter into any supplemental or modified agreement with the County that may be needed to affect this purpose. Section 3. Adoption of County Ordinance. Section 9.04.170 is added to the National City Municipal Code to read as follows: "Section 9.04.170. Wholesale Food Warehouses. The provisions of the County Code of Regulatory Ordinances concerning permitting and regulation of wholesale food warehouses, codified at sections 61.212 through 61.256 of the County Code, are incorporated into this Code by reference." Ordinance No. 2003 — May 6, 2003 Page Two Section 4. Fees. The County shall retain all fees and charges collected by it from regulated wholesale food warehouse owners or operators pursuant to the National City Municipal Code. PASSED and ADOPTED this day of , 2003. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: tom. lit. George H. Eiser, Ill City Attorney GARY W.ERBECK DIRECTOR March 18, 2003 Coizut Lif c*an Piggy DEPARTMENT OF ENVIRONMENTAL HEALTH P.O. BOX 129261, SAN DIEGO, CA 92112-9261 (619) 338-2222 FAX (619) 338-2088 1-800-253-9933 www.sdcdeh.org Ms. Kathleen Trees, Building & Safety Director City of National City 1243 National City Blvd. National City, CA 91950-4031 RE: Cooperative Regional Regulation of Wholesale Food Warehouses RICHARD HAAS ASSISTANT DIRECTOR Dear Ms. Trees: Late last year the County received a number of complaints concerning conditio' , at wholesale food warehouses. The County investigated those complaints, and discovered evidence of rodent infestations, mishandling of recalled food, and other conditions that could lead to foodborne illness. This is a problem for all of the cities in San Diego County, because wholesale food shipments routinely cross city boundaries. The County is unable to address this problem adequately based on state law. Retail food facilities are subject to a comprehensive state regulatory program that is administered by the County, but state law contains only a few basic sanitary requirements for most wholesale food warehouses. The County has responded to these problems by enacting a County ordinance. That ordinance was enacted with the support of the California Restaurant Association San Diego Chapter, the San Diego County Food and Beverage Association, and the California Independent Grocers and Convenience Stores. The ordinance establishes a mandatory permit program, with fees to support program costs. Facilities required to have permits must submit to regular inspections, and must comply with the substantive requirements set out in the ordinance. I have enclosed a copy of the County ordinance provisions. To be truly protective, this program needs to be applied countywide. To achieve that, the County has prepared a model City ordinance, for use by willing cities in San Diego. A copy is enclosed. Adoption of a City ordinance based on this model would incorporate the County program by reference, and establish a program within the City that parallels the County program. The model ordinance also authorizes the City Manager to enter into any supplemental or modified agreement with the County that might be needed to provide for County administration of this program. We request that you revise this model to conform to your ordinance adoption procedures, and propose adoption to your City Council. "Environmental and public health through leadership, partnership and science" Ms. Kathleen Trees -2- March 18, 2003 City of National City The County would like to administer this program countywide, as it now administers other public health and environmental health programs. We believe the required framework for County administration is already in place. The County and the City already have an agreement in place under which the County provides services of this kind within the City, on a fee -supported basis. To support that arrangement, your city also has ordinance provisions in place that provide for the County to collect appropriate permit fees from businesses within the City that are subject to County administered regulatory programs. The County has incorporated a food warehouse fee into an update to the existing schedule of fees you have authorized the County to collect. Other County fees relevant to services provided by the County in your city have also been updated recently. In some cities these County fee updates become applicable automatically. In other cities, governing body action is needed to update County - related fees. We will be separately requesting that all cities that have not done so enact a local ordinance that provides for automatic fee updates. If you have any questions about the need for this program, or need any further assistance putting this program in place, please call Liz Quaranta, Chief of Food and Housing for DEH at (619) 338- 2360. The County could review and comment on draft materials, and would also be pleased to provide a speaker to assist you in presenting this matter for consideration by your City Council. Thank you for your assistance in better protecting the health of consumers in San Diego. S GARY W. E Department Attachments (2) K, Director vironmental Health The primary concern and purpose of the Food and Housing Division of the Department of Environmental Health is to protect and ensure the wholesomeness of food consumed by the citizens of San Diego County. Our approach is to insure the protection and wholesomeness of our food supply from the farm to table. A lack of regular inspection of wholesale food warehouses leaves a missing link in the chain of food protection. Concerns: • Food from an approved source • Food contaminated by vermin activity • Food exposed to unsanitary conditions • Food safety and security FARM SUPERMARKET RESTAURANT 11--E3V,11 U a fiN r WHOLESALE WAREHOUSE !!!!!! ;123 1111110 Wholesale Food Warehouses Oceanside 8 5 Carlsbad 2 Encinitas 0 Solona Beach 0 Del Mar San Marcos 3 11 Vista Escondido 3 Poway San Diego 59 3 Santee 7 El Cajon La Mesa 2 Lemon Grove 0 National City 2 Coronado 0 Chula Vista 15 , lImperial Beach 0 1 U , ...L. LI; JENKINS: Praise for NIMBYs brings mixed response / 13 Food warehouses face scrutiny County inspections will begin in June By Lois Montoagudo Jr. STAFF WRITER From his warehouse in the Morena District, Bob Harrington provides green bell peppers and dried persim- mons to dozens of San Diego County's top restaurants. But unlike those restaurants, Bar- rington's warehouse isn't inspected regularly by public health workers. That will change in June, when in- spections start at the county's estimat- ed 200 food storage warehouses. The businesses will be charged $325 to $400 a year, based on their square footage. County officials said Harrington runs a clean place, but not everyone in his business does. More than two years ago, a tip led authorities to an El Cajon Boulevard business where rodent feces were found inside food freezers, and meat and poultry were found gnawed by rodents To prevent such lack of care,. San Diego County decided to start inspect- ing warehouses that supply food to restaurants and supermarkets. "You go to a restaurant and look for an 'A' card and you feel safe," said Vickie Chinch, a county environmen- tal health specialist. 'Now, it's taking it a step back and we are going to try to maintain the integrity of the food safety program." The program is possible because the state enacted a law in October 1999 giving local governments the authority to inspect wholesale food storage facili- ties Before, the state bad the job. • After the problems were uncovered. at the El Cajon Boulevard warehouse in December 2000, the county looked into the new law. SEE Warehouses, B3 ( 1, WAREHOUSES Los Angeles Orange and San 'spell warehouses twice a year. CONTINUED FROM PAGEa1 Berko —that are conduct County staffers who inspect ing.warehouse inspections. restaurants also will check the Business groups Some details are still being warehouses. th 1 s to have Officials said but e plan iid they are not helped develop the county inspect warehouses planning to hire more inspec- in the unincorporated areas tors. Instead, they will'"" -''ice and in the .regions cities. The inspections of some by a inspections will be of wholesale with a low risk of tree. .+g facilities that store produce and food -borne illnesses, inciuding other food. bars that only sell liquor and Facilities inspected by the coffee shops that sell only co& state or other authorities will be fee and don't prepare food. exempted. Those include busi- Harrington's warehouse pro- nesses that process food, sea- food and shellfish warehouses, and places that store beverages in cans and sealed bottles. The inspections will be simi- lar to the ones the county does at restaurants, a program that same way. That is why he sup - has won national recognition. ports the county Program - San Diego County was the first "I don't see why anyone in the state to inspect restart- 'would want anyone to go into a rants and give out letter grades restaurant and not have a good iu 1947. The county inspects experience," said Hanington, a restaurants four times a year co-owner of- Specialty Produce. and gives grades of A, B and C. "1 can't fathom it" Warehouses won't earn let- Stephen Zotezzi, executive ter grades, but inspectors will vice president of the San Dieg( visit them and look for such Food and Beverage Asssoda things as whether the food is tine, supports the warehouse county program The warehouse was closed temporarily but later allowed to reopen after the owner pleaded guilty to five misdemeanor health code violations and agreed to improve conditions. It since has changed owner- ship.? "That is definitely something we wanted to (make sure) is prevented in the future,' said Liz Quaranta, chief of the Food and Housing Division in the county Department of Environ- mental Health. The county organized meet 'lugs with representatives of warehouses and restaurant and bar associations. From those meetings came a working ( group of county officials and business representatives who developed the program, which the Board of Supervisors ap- proved in December. San Diego will join three other California counties — being chilled or frozen at the proper temperatures and whether the facility is free of rodents and roadies. The county's goal is to in- vides as many as 800 different foods to restaurants and hotels. The warehouse is inspected by some of the businesses he deals with, but Harrington said not every business is run the inspections. Luis Monteagudo: (619) 54Z-458S luis.monteagudo(Ouniontrib.com k Inbrief... Secrets of the stock market — and space by must there al- ways be an expla- nation when the stock market goes up or down? When the market opened sharply lower yesterdayatthe opening bell, a wire service report attributed it to "worries that the United States may go to warwithoutU.N. backing." By midday the market had rallied. The wire service attributed that to "re- ports that the United States maybe closing in on al-Qaeda leader Osama bin Laden." By late after- noon, the market retreated The wire service blamed it on "dismal jobs data." And by the closing bell, tjle market was up yet again, sup- posedly "on hopes that uncertainty about Iraq might soon end." We of- fer a simpler, all -encompassing ex- planation for the ups and downs of the Dow and the Nasdaq: When more stocks are bought than sold, the market goes up. When more are sold than bought, the market goes down. The rest, as they say, is conversation. • • • Since 1947, San Diego County has been inspecting restaurants and bars for compliance with food -handling regulations.. But the temperature at which restau- rant suppliers store foods can also determine how safe they are on a diner's plate. And where and how foods are stored can deter- mine whether they're an invita- tion to hungry customers or scavenging rodents. The state used to inspect nearly all ware- houses. But a particularly unap- petizing episode at a local busi- ness a couple of years ago prompted county officials to check out a state law, passed in 1999, that allows localities to take over inspections of storage facilities for produce and some other foods. In December, county supervisors approved a program that local warehouse businesses had a hefty hand in crafting. It concentrates on ware- houses handling foods most sus- ceptible to contamination. So, starting in June, the county will inspect once a year — and even- tually twice — warehouses that supply foodstuffs to restaurants and bars. That may burden some small operations. But its purpose is to drive out rats, not busi- nesses. • • • When an inflatable boat motored toward the USS Cole in Yemen two years ago, nobody prevented it from pulling alongside and explod- ing, crippling the ship andkilling 17 sailors. That explosion taught a costly lesson, punctuated -by 9/11. The Navy is prudently expanding the security perimeters and. barri- ers that rotect military shir,at an- chor, including those in San Diego Bay. The Coast Guard will enforce the security zones, and anyone who enters them without official permission is subject to a fine or prison time. Better two years late %an never. • • • Somewhere out there on the outer edges of the solar system, a tiny spacecraft journeys silently to- ward interstellar space. NASA en- gineers report that, after more than 30 years, the last has been heard from Pioneer 10. A very weak signal was received last month from the craft, which was 7.6 billion miles from Earth (82 times the distance between the Earth and the Sun). No signal was detected during the most recent contact attempt. Pioneer 10, which was builtto last less than two years, will be remembered for being the first space probe to travel through the Asteroid Belt and send back pictures of Saturn and Jupiter, and the first to go beyond Pluto. On board the spacecraft is a gold plaque carved with the image of a man and woman and a message of goodwill from Earth to any other civilization it might reach. Warehouse Ordinance Elements ➢ Permits ➢ Plan Review ➢Temperature Requirements ➢ Sanitation ➢Plumbing ➢ Structural ➢ Food Compartments ➢ Food Transport ➢ Permit ➢ Suspension/Revocation ATTACHMENT D(2) CLEAN VERSION OF ORDINANCE ORDINANCE NO. 9525 (NEW SERIES) AN ORDINANCE AMENDING PORTIONS OF TITLE 6 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FOOD AND HOUSING SEC. 61.211. WHOLESALE FOOD WAREHOUSES Sections 61.211 through Section 61.256 are to be known as the Wholesale Food Warehouse Ordinance. The Department of Environmental Health shall be and is hereby authorized and empowered to make inspections and issue permits to the owners and/or operators of wholesale food warehouses that hold or distribute food at wholesale. Section 13. Section 61.212 is hereby added to the San Diego County Code, to read as follows: SEC. 61.212. DEFINITIONS. Whenever in this article the following terms are used, they shall have the meanings respectively ascribed to them in this section: (a) ADULTERATED. Having been made impure by the addition of any poisonous or deleterious substance; or in the case of food, foodstuffs that have been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated or rendered unwholesome, diseased or injurious to health. (b) APPROVED. Acceptable to the Director based upon a determination of conformity with applicable laws, or in the absence of applicable laws, with current public health principles, practices and generally recognized industry standards that protect the public health. (c) APPROVED SOURCE. A producer, manufacturer, distributor, or food establishment that is acceptable to the Director based on the determination of conformity with applicable laws, or in the absence of applicable laws, with current health principles and practices, and generally recognized industry standards that protect public health. (d) DIRECTOR. For the purposes of this chapter, "Director" shall mean the Director of the Department of Environmental Health of San Diego County and his/her designees. (e) EMBARGO. The legal control exercised by the Director over the use, sale, disposal or removal of any food. (f) EMPLOYEE. Any person working in a wholesale food warehouse, including managers and/or owners. (g) FOOD. Any raw or processed substance, ice, beverage, including water, or ingredient intended to be used as food, drink, confection or condiment for human or animal consumption. (h) GOOD MANUFACTURING PRACTICES. The practices for manufacturing, packing, or holding food described in Title 21 of the Code of Federal Regulations, Part 110. (i) IMMEDIATE DANGER TO THE PUBLIC HEALTH OR SAFETY. For the purposes of this section, any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission; a hazardous condition, including, but not limited to, unsafe food temperature, sewage contamination, no potable water supply, and vermin infestation; or an employee who is a carrier of a communicable disease. Any food facility for which the permit is suspended shall close and remain closed until authorized to reopen by the Director or Health Officer. (j) IMPOUND. The legal control exercised by the Director over the use, sale, disposal or removal of any equipment or utensil. (k) POTENTIALLY HAZARDOUS FOOD. Any food that is capable of (1) supporting rapid and progressive growth of infectious or toxigenic microorganisms that may cause food infections or food intoxications or (2) supporting the growth or toxic production of Clostridium botulinum. "Potentially hazardous food" does not include foods that have a pH level of 4.6 or below; foods that have a water activity (aw) value of 0.85 or less under standard conditions; food products in hermetically sealed containers processed to prevent spoilage; or food that has been shown by appropriate microbial challenge studies, the results of which are approved by the Director, not to support the rapid and progressive growth of infectious, toxigenic microorganisms that may cause food infections or food intoxications, or the growth of Clostridium botulinum. (1) REMODEL. For purposes of this chapter, remodel means any replacement, significant modification, or installation of walk-in refrigerators or freezers, toilet rooms, and sinks used for utensil washing. (m) WHOLESALE FOOD WAREHOUSE. Any place, building, structure, room or portion thereof, where food is commercially distributed, stored, or held for transfer. "Wholesale Food Warehouse" does not include food processing establishments, retail food facilities, or warehouses where only packaged beverages or food in sealed cans or bottles is received, stored and shipped in the same package as received, without opening or modifying the original package. 2 Section 14. Section 61.213 is hereby added to the San Diego County Code, to read as follows: SEC. 61.213. VIOLATION OF ANY SECTION OF THIS CHAPTER IS A MISDEMEANOR Any person who violates this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine not less than $25 or more than $1000 or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Every day any violations of this chapter shall continue shall constitute a separate and distinct offense. Section 15. Section 61.214 is hereby added to the San Diego County Code, to read as follows: SEC. 61.214. NUISANCE —POWER OF DIRECTOR Every wholesale food warehouse kept, maintained or operated in violation of this chapter, and all food produced, prepared, manufactured, packed, stored, kept, sold, distributed or transported in violation of this chapter is declared a public __uisance. The Director is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety, the Director is authorized and empowered to summarily abate such nuisance by any reasonable means; otherwise, the Director shall inaugurate proceedings in accordance with Section 11.116, the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code, or shall seek a court order abating the nuisance. Nothing contained in this Code shall be deemed to limit the right and duty of the Director to take immediate action in the interests of the public health, safety and welfare. The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law. Section 16. Section 61.215 is hereby added to the San Diego County Code, to read as follows: SEC. 61.215. PERMIT REQUIREMENT. A wholesale food warehouse shall not store, distribute, transport, ship, or otherwise handle food without all necessary permits, including a valid health permit. A wholesale food warehouse operating without the requisite permit may be subject to closure. Section 17. Section 61.216 is hereby added to the San Diego County Code, to read as follows: SEC. 61.216. PLAN REVIEW AND PERMITS. 3 Any person proposing to build or remodel a wholesale food warehouse shall submit complete construction plans, drawn to scale, and specifications to the Environmental Health Department for review and approval before starting construction or remodeling. Any construction shall be in accordance with applicable health and building codes. The Building Department shall not issue a building permit for a wholesale food warehouse until after it has received approval by the Environmental Health Department. Those facilities constructed prior to January 1, 2003 shall not be subject to plan review and construction upgrades unless the equipment, building or facilities are in disrepair, creating a public health nuisance, or undergoing remodeling. Section 18. Section 61.217 is hereby added to the San Diego County Code, to read as follows: SEC. 61.217. POSTING OF PERMIT. A wholesale food warehouse shall post its health permit in a conspicuous place in the establishment. Section 19. Section 61.218 is hereby added to the San Diego County Code, to read as follows: SEC. 61.218. RIGHT TO INSPECT. The Director may enter and inspect, any wholesale food warehouse or any place suspected of being a wholesale food warehouse and may issue inspection reports, official notices, and secure any sample, photograph or other evidence for the purpose of enforcing this chapter. Section 20. Section 61.219 is hereby added to the San Diego County Code, to read as follows: SEC. 61.219. RESISTING OR DISOBEYING A DIRECTOR PROHIBITED. No person shall refuse, resist or attempt to resist the entry of the Director into any establishment, facility, railway car, stage, vehicle, building, room, lot, place, or portion thereof in the County in the performance of his or her duty. No person shall refuse to obey any lawful order of the Director, made in the performance of his or her duties, within the power conferred upon him or her by state law or by this chapter. Section 21. Section 61.220 is hereby added to the San Diego County Code, to read as follows: SEC. 61.220. INSPECTION REPORT AND HEARING. 4 The Director shall prepare a written report of inspection and a copy shall be supplied or mailed to the permittee of the facility inspected. If the permittee fails to comply with the requests of the Director, the Director shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. Section 22. Section 61.221 is hereby added to the San Diego County Code, to read as follows: SEC. 61.221. PERMIT SUSPENSION. A health permit may be immediately suspended for repeated violations of this chapter, interference with the Director in the performance of his or her duty, or the presence of an immediate danger to the public health or safety unless the danger is immediately corrected. Section 23. Section 61.222 is hereby added to the San Diego County Code, to read as follows: SEC. 61.222. PERMIT SUSPENSION NOTICE. Whenever a permit is suspended for violating this chapter, the Director shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged and informing the permittee of the right to a hearing. 5 Section 24. Section 61.223 is hereby added to the San Diego County Code, to read as follows: SEC. 61.223. SUSPENDED PERMIT REINSTATEMENT. A permit that has been suspended for violations of this chapter may be reinstated, if the Director determines that conditions which prompted the suspension no longer exist. Section 25. Section 61.224 is hereby added to the San Diego County Code, to read as follows: SEC. 61.224. PERMIT REVOCATION. The Director may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this chapter, interference in the performance of the duty of the Director, or an immediate danger to the public health or safety. Any wholesale food warehouse for which the permit has been revoked shall close and remain closed until a new permit has been issued. Section 26. Section 61.225 is hereby added to the San Diego County Code, to read as follows: SEC. 61.225. APPEAL OF REVOCATION. A person aggrieved by the denial to of a permit may appeal from such denial to the Board of Supervisors in the manner set forth in Section 61.126. Section 27. Section 61.226 is hereby added to the San Diego County Code, to read as follows: SEC. 61.226. RIGHT TO IMPOUND. The Director may impound any equipment or utensil in a wholesale food warehouse, which is unapproved, found to be insanitary, or in such disrepair that it may cause food to become contaminated or adulterated. The Director may place a tag on impounded equipment or utensils that shall be removed only by the Director. Section 28. Section 61.227 is hereby added to the San Diego County Code, to read as follows: SEC. 61.227. RIGHT TO EMBARGO. The Director may embargo any food suspected of being adulterated, unfit for human consumption, misbranded, or falsely advertised. The embargoed food shall be identified with a tag, detained, released or discarded. 6 Section 29. Section 61.228 is hereby added to the San Diego County Code, to read as follows: SEC. 61.228. RELEASE FROM IMPOUND OR EMBARGO. The Director shall commence proceedings for the release of any food, equipment, or utensil that has been embargoed or impounded; or to seek administrative or legal remedy for its disposition, within 30 days of such action. It is unlawful for any person to make any disposition of embargoed food or impounded equipment or utensils other than that ordered by the Director. Section 30. Section 61.229 is hereby added to the San Diego County Code, to read as follows: SEC. 61.229. RESPONSIBILITY FOR VIOLATIONS. The owner, manager or operator of any wholesale food warehouse is responsible for any violation of this chapter by his or her employee. Section 31. Section 61.230 is hereby added to the San Diego County Code, to read as follows: SEC. 61.230. HEARING PROCEDURES. Hearings shall be held regarding non-compliance with this chapter in the following manner: (a) Director requirement. The Director may require the owner, operator or manager of a wholesale food warehouse to attend an administrative hearing to discuss violations of this chapter, disposition of embargoed or impounded items, the suspension or revocation of a health permit, or other significant issue related to food facilities. (b) Request of facility owner, operator or manager. The owner, operator or manager of a wholesale food warehouse may request an administrative hearing to discuss events related to the enforcement of the provisions of this chapter at his or her food facility. Such events include notices to comply, permit suspensions, and disposition of embargoed or impounded items. The owner, operator or manager must submit a request for a hearing within 15 calendar days after the event. A failure to request a hearing within 15 calendar days of the event shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 days of the receipt of the request for a hearing. When circumstances warrant, the hearing officer may order a hearing at a reasonable time within this 15-day period to expedite the permit suspension or revocation process. (c) Hearing rules and procedures and appeal are pursuant to section 61.125, 61.126. and 61.127. 7 Section 32. Section 61.231 is hereby added to the San Diego County Code, to read as follows: SEC. 61.231. FOOD HANDLING. All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, and kept for sale so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from approved sources; shall otherwise be fully fit for human consumption; and shall conform to the applicable federal and state laws and regulations including: Good Manufacturing Practices; the Food Sanitation Act; Sherman Food, Drug and Cosmetic Law; the California Business and Professions Code; and applicable sections of Title 17 of the California Code of Regulations. Preparation of food at wholesale shall only take place within a facility approved by and under the jurisdiction of the appropriate state or federal agency. Preparation of food includes the wholesale packaging or processing of unpackaged food, but does not include the trimming of or packaging of whole uncut produce. Section 33. Section 61.232 is hereby added to the San Diego County Code, to read as follows: SEC. 61.232. TEMPERATURE REQUIREMENTS. Potentially hazardous foods shall be maintained at a temperature at or below 41 degrees Fahrenheit or at or above 140 degrees Fahrenheit, except for the following: (a) Unshucked live molluscan shellfish shall not be stored or displayed at a temperature above 45 degrees Fahrenheit. (b) Frozen foods shall be maintained in a frozen state. (c) Pasteurized milk and pasteurized milk products in original, sealed containers shall not be held at a temperature above 45 degrees Fahrenheit. (d) Raw shell eggs shall not be stored or displayed at an ambient temperature above 45 degrees Fahrenheit. Section 34. Section 61.233 is hereby added to the San Diego County Code, to read as follows: SEC. 61.233. ICE When ice is used in contact with food, it shall be made from water that is safe and of adequate sanitary quality and shall be used only if it has been manufactured in accordance with Good Manufacturing Practices. 8 Section 35. Section 61.234 is hereby added to the San Diego County Code, to read as follows: SEC. 61.234. EMPLOYEE SANITARY PRACTICES. No employee shall commit any act that may result in contamination or adulteration of any food, food contact surface, food packing material, utensil, or equipment. Section 36. Section 61.235 is hereby added to the San Diego County Code, to read as follows: SEC. 61.235. GENERAL SANITATION REQUIREMENTS. All wholesale food warehouses including all equipment, utensils, facilities, and exterior grounds shall be kept clean, free from vermin, fully operative, and in good repair. Section 37. Section 61.236 is hereby added to the San Diego County Code, to read as follows: SEC. 61.236. ANIMALS OR FOWL PROHIBITED. No live animal or fowl shall be kept or allowed in any wholesale food warehouse where food is prepared, manufactured, kept, stored, distributed, offered for sale, or sold. This section does not apply to dogs used by the blind, signal dogs, service dogs, such dogs in training under proper supervision, dogs under the control of uniformed law enforcement officers, or dogs under the control of uniformed employees of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with section 7580) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment as private patrolmen. Section 38. Section 61.237 is hereby added to the San Diego County Code, to read as follows: SEC. 61.237. PLUMBING. Plumbing shall be installed according to the Uniform Plumbing Code and shall be protected from backflow, kept clean, fully operative, and in good repair. An adequate, protected, pressurized, potable water supply shall be provided. The water supply shall be from a water system approved by the Director or the state department. 9 Section 39. Section 61.238 is hereby added to the San Diego County Code, to read as follows: SEC. 61.238. SEWAGE DISPOSAL. Sewage disposal shall be made into an approved sewerage system. Wastewater disposal shall comply with National Pollutant Discharge Elimination System (NPDES) and local wastewater treatment district standards. Section 40. Section 61.239 is hereby added to the San Diego County Code, to read as follows: SEC. 61.239. SANITARY SUPPLIES AND SIGNS. (a) Toilet tissue shall be made available in permanently mounted dispensers at each toilet. (b) Each hand -washing sink shall be provided with a permanently mounted dispenser supplied with single service soap, and a permanently mounted single service towel dispenser or other approved hand -drying device. (c) Signs shall be posted directing employees to properly wash their hands after using the toilet. Section 41. Section 61.240 is hereby added to the San Diego County Code, to read as follows: SEC. 61.240. RUBBISH, OFFAL, GARBAGE, AND PUTRESCIBLE MATTER. (a) Rubbish and any offal shall be so conveyed, stored, and disposed of as to minimize development of odor, minimize the potential for the waste becoming an attractant, harborage, or breeding place for vermin; protect against contamination of food, food contact surfaces, water supplies, and ground surfaces; and prevent the creation of any other nuisance. (b) Any garbage and putrescible matter shall be maintained in leakproof receptacles with close fitting lids. Such receptacles shall be thoroughly cleaned each time their contents are removed. (c) Adequate means shall be provided to prevent overflows of the refuse bin containers. Refuse pick up service shall be regular (not to exceed seven days). The size and/or number of refuse bin containers shall be adequate to prevent the creation of a nuisance. 10 Section 42. Section 61.241 is hereby added to the San Diego County Code, to read as follows: SEC. 61.241. RETURNED OR DAMAGED FOODS. All returned or damaged food and food products shall be safe and wholesome before return to inventory storage for distribution or sale. Section 43. Section 61.242 is hereby added to the San Diego County Code, to read as follows: SEC. 61.242. CONSTRUCTION AND EQUIPMENT. It is unlawful to operate a wholesale food warehouse unless such operation is within buildings capable of being fully enclosed with floors, walls and overhead structure in compliance with this chapter. All buildings shall be of sound construction in accordance with all applicable codes; designed and maintained so as to provide proper drainage, plumbing, lighting, and ventilation. Section 44. Section 61.243 is hereby added to the San Diego County Code, to read as follows: SEC. 61.243. FLOORS. The floor surfaces in walk-in refrigerators and freezers, food storage areas, utensil washing areas, refuse or garbage storage areas, and toilet rooms shall be of such construction and material so as to be smooth; impervious to water, grease and corrosives; and easily cleanable. A minimum four inch (4") high approved coved base with a minimum three -eighths inch (3/8°') radius shall be provided at the juncture of the wall and floor, except in refuse or garbage storage and warehouse areas. Section 45. Section 61.244 is hereby added to the San Diego County Code, to read as follows: SEC. 61.244. WALLS. Walk-in refrigerators and freezers, utensil -washing areas and toilet rooms shall have walls which are smooth, nonabsorbent, and have a washable finish. Section 46. Section 61.245 is hereby added to the San Diego County Code, to read as follows: SEC. 61.245. CEILINGS. The ceilings in walk-in refrigerators, walk-in freezers, utensils washing areas and toilet rooms shall be smooth, nonabsorbent and have a washable finish. 11 Section 47. Section 61.246 is hereby added to the San Diego County Code, to read as follows: SEC. 61.246. VENTILATION. (a) Approved ventilation shall be provided throughout the establishment to keep all areas reasonably free from excessive heat, steam, condensation, smoke, and vapor, and to provide reasonable comfort for all employees. (b) Toilet rooms and janitorial rooms shall be provided with an openable screened window, mechanical ventilation, or other approved ventilation system. Section 48. Section 61.247 is hereby added to the San Diego County Code, to read as follows: SEC. 61.247. VERMIN PROOFING. Wholesale food warehouses shall at all times be so constructed, equipped, maintained and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. Section 49. Section 61.248 is hereby added to the San Diego County Code, to read as follows: SEC. 61.248. SANITARY FACILITIES. (a) Employee handwash lavatories shall be provided within or adjacent to toilet rooms. Warm running water under pressure of at least 100 degrees Fahrenheit shall be provided through a mixing valve or combination faucet. Spring operated faucets are not permitted. (b) Separate toilet facilities for each sex are required if there are five or more employees per shift. Urinals may be substituted for toilets in toilet rooms for males but shall not exceed one-third (1/3) of the required number of toilets. Required number of toilets and hand washing sinks are dependent upon the number of employees in accordance with the Uniform Plumbing Code. Toilet rooms shall be separated from other portions of the wholesale food warehouse by well -fitting, properly labeled, self -closing doors. (c) All utensils used for handling unpackaged food or the trimming of produce shall be washed, rinsed, and sanitized in an approved three -compartment utensil -washing sink. A two -compartment sink may be used when alternative approved sanitation methods are used. Utensil -washing sinks shall be equipped with a supply of hot (minimum 120 degrees Fahrenheit) and cold running water under pressure through a mixing valve or combination faucet. 12 Section 50. Section 61.249 is hereby added to the San Diego County Code, to read as follows: SEC. 61.249. FOOD STORAGE. Adequate warehousing/storage facilities shall be provided for the storage or distribution of food. All food shall be properly stored a minimum of six inches (6") above the floor on shelving. Pallets may be used in lieu of shelving if equipment is available on demand to move the pallets. All storage racks and equipment for the storage of food or food products shall be constructed, and all sacks, boxes and other food containers shall be so arranged as to permit and facilitate the flushing with water, other cleaning and inspection of storage room floors and walls. At least twelve inches (12") of unobstructed space from the wall shall be provided in warehouse storage areas. Section 51. Section 61.250 is hereby added to the San Diego County Code, to read as follows: SEC. 61.250. JANITORIAL FACILITIES. The following janitorial facilities are required at a wholesale food warehouse: (a) A room, area, or cabinet, separated from any food or utensil -washing area, shall be provided for the storage of cleaning equipment and supplies such as mops, buckets, brooms, and cleaners. (b) At least one of the following, provided with hot (at least 120 degrees Fahrenheit) and cold water under pressure through a mixing valve, to be used for general cleaning purposes and for the disposal of mop bucket waste and other liquid wastes: (1) A one -compartment, non -porous janitorial sink/mop sink (stainless steel, porcelain or fiberglass). (2) A slab, basin, or floor constructed of concrete or equivalent material, curbed and sloped to a drain, connected to approved sewerage. Section 52. Section 61.251 is hereby added to the San Diego County Code, to read as follows: SEC. 61.251. REFRIGERATORS AND FREEZERS. (a) Each wholesale food warehouse where potentially hazardous food is packaged, stored, distributed, or held for transfer must have adequate approved refrigeration. (b) Each refrigeration unit shall be equipped with accurate, readable thermometers. 13 Section 53. Section 61.252 is hereby added to the San Diego County Code, to read as follows: SEC. 61.252. ICE MACHINES. All icemakers shall be located within the approved wholesale food warehouse. Condensate and ice melt shall be drained to an approved floor sink by means of an indirect connection. Section 54. Section 61.253 is hereby added to the San Diego County Code, to read as follows: SEC. 61.253. FLOOR SINKS. Floor sinks shall be properly plumbed and installed with the sink top flush with the floor surface. All condensate and similar liquid waste shall be drained by means of a rigid indirectly connected waste lines into open floor sinks, or as approved by the Director. Horizontal runs of drain lines shall be at least six inches (6") off the floor, sloped toward floor sinks at a rate of one quarter inch (1/4") per foot, and shall terminate at least one inch (1") above the overflow rim of the floor sink. Floor sinks shall be located so that they are readily accessible for inspection, cleaning, and repairs, and not located in a walkway. Waste lines shall not cross any aisle, traffic area, or door opening. Floor sinks are not permitted inside walk-in units unless they are indirectly connected to the sewer system through a legal air gap. Section 55. Section 61.254 is hereby added to the San Diego County Code, to read as follows: SEC. 61.254. AISLES AND WORK SPACE. Aisles or working spaces between equipment or between equipment and walls shall be unobstructed and of sufficient width to permit employees to perform their duties in accordance with local building and fire codes. Section 56. Section 61.255 is hereby added to the San Diego County Code, to read as follows: SEC. 61.255. FLOOR DRAINS. Adequate floor drains shall be provided in all areas where floors are subject to flooding -type -cleaning or where normal operations release or discharge water or other liquid waste on to the floor. 14 Section 57. Section 61.256 is hereby added to the San Diego County Code, to read as follows: SEC. 61.256. TRANSPORTATION OF FOOD. No person shall carry, transport, or convey any food for commercial purposes unless such food is protected from contamination. All potentially hazardous foods shall also be kept at a temperature pursuant to SEC. 61.232 (TEMPERATURE REQUIREMENTS). All vehicle food compartments shall be maintained clean, sanitary, and in good repair. 15 To: The City Manager City of National City 1243 National City Blvd. National City, CA 91950 WRITTEN WNMUNICATIONS CITY MANAGED, ITEM #21 5/6/03 03 APR 31 AM 10: 15 ECEIVE0 OF NATIONAL CITY This proposed resolution is to recognize Mr. Terry Hanks as the "father of Police Review" in National City and also as the "father of free speech." Had it not been for Mr. Terry Hanks, the city of National City would still have a city ordinance that stifled free speech. Please put this on the council agenda for May 6m 2003 for the council to consider, in order that it may become part of the court record (3) pages of Resolution enclosed. If you any questions please call me. C.C. Mayor & Council Michale Crowley Sincerely, Mary Hernandez Concerned Citizen 1121 E 6th Street #2 National City, CA 91950 (619) 477-2063 Proposed Resolution of the council of National City California Whereas: ex -Mayor Waters signed into law a city ordinance known as the sound control ordinance. Whereas: this ordinance allowed the city of National City to stifle free speech. Whereas: this ordinance as then written allowed the city to sensor speech, as it pertained to sound trucks, in that it wasn't content natural, as required by constitutional law. Whereas: this ordinance as written provided no notice be given to users of "loud speakers" when their use caused an alleged "noise disturbance." Whereas: this ordinance as then written, allowed the police to confiscate "loud speakers" without the user being allowed to adjust the volume to established decibel levels as required by constitutional law. Whereas: this sound control ordinance that stifled free speech was to go uncorrected for over ten years. Whereas: untold numbers of people had their loud speakers confiscated without "due process of law." Whereas: Mr. Terry Hanks who has long struggled for a police review board and is known as "father of police review" in National City appeared before the council after having applied for a sound truck license. Whereas: Mr. Terry Hanks known as "father of police review" in National City discovered through legal research that the sound control ordinance for the city of National City as then law, stifled his and other citizens constitutionally protected free speech rights. Whereas: Mr. Terry Hanks informed the council of their ignorance of constitutional law. Whereas: the city council under the leadership of ex -Mayor George Waters consulted with a expert on constitutional law to review the sound control ordinance as then written. Whereas: after having reviewed the experts findings, and their own legal analysis, the city of National City amended their sound control ordinance to be content natural, and provide required warnings as mandated by established constitutional law. Whereas: Mr. Terry Hanks being the proponent of a initiative measure mandating the creation of a citizens police review board, commenced with the circulation of said initiative petition amongst the registered voters of National City in July of 2001. Whereas: the city of National City under the leadership of Mayor George Waters, still being ignorant of constitutionally protected free speech, sought an injunction prohibiting Terry Hanks from circulating said initiative petition, alleging that Terry Hanks was engaged in wrong doing by circulating said initiative petition. Whereas: the A.C.L.U. American Civil Liberties Union took up the defense of Mr. Hanks constitutionally protected right to circulate said initiative petition. Whereas: the city of National City under the leadership of Mayor George Waters amended their civil complaint dismissing the allegation that Terry Hanks was engaged in wrong doing by circulating said initiative petition, thus allowing Terry Hanks to circulate said initiative petition to National City registered voters. Whereas: on December 2°, 2001 about 7p.m. Terry Hanks while leading a public demonstration in support of a police review board being ignorant of California Penal Code 12316(b)1 "persons prohibited from possession of ammunition" put on a bandolier of live ammunition as part of a live street theater performance, in an expression of symbolic speech "the bandolier," in the presents of a National City police officer, and was arrested and prosecuted. Whereas: this arrest of Terry Hanks occurred less than twenty four hours of th.., dead line for the required filing by law with the city clerk of National City, said petition initiative for verification of signatures required. Whereas: Terry Hanks faced with an exorbitant bail of $250,000.00 thought not of his freedom, but rather his foremost concerns was getting the initiative petition to the city clerk of National City before the close of business on December 3, 2001 at 5p.m. for verification of signatures required. Whereas: the city clerk for the city of National City received said initiative petition just before the close of business on December 3, 2001 by way of power of attorney. Whereas: ex -Mayor Waters on July 5, 2002 wrote a venomous self serving hostile letter to judge Jesus Rodriguez (copy enclosed). Let it be noted that copies were sent to the deputy D.A., city manager, city attorney, and chief of police but not to the city councilors. This is the only official letter on file with the court from the administration of National City. Whereas: there is a new mayor and city council who have started the process to establish a police review board in response to the 68.7% yes vote for Proposition L. Whereas: Mr. Hanks gave a good citizens "get out the vote" TV interview and was punished by having work furlough rescinded and being sent back to jail for unauthorized communications. Whereas: the new mayor and council support free speech and the right to petition, we the mayor and city counselors will strive to insure to the best of our ability that no laws are enacted that stifle free speech. Whereas: Mr. Terry Hanks wife received upon his behalf at the National City council meeting on January 21, 2003 the San Diego county Hispanic community leadership award for his outstanding work for a police review board for the city of National City. Whereas: their exist prima -facie evidence that the sound control ordinance as enacted into law under the leadership of Mayor Waters was unconstitutional, and stifled free speech before its recent amendment. Whereas: the new mayor and city counselors want to encourage all citizens to appear before the council if they have reason to believe that an ordinance may stifle free speech without fear of any reprisal. Whereas: had it not been for Mr. Terry Hanks good citizenship in appearing before the council and pointing out to the council their ignorance of constitutionally protected free speech. It's very probable the city would still have in place an ordinance that stifled free speech and allowed the police to confiscate loud speakers a nationally recognized indispensable instrument for communication of speech, without "due process of law." Whereas: Mr. Terry Hanks will soon appear before the Honorable Judge Jeffrey Fraser for consideration of sentence reduction. Whereas: in recognition of Mr. Terry Hanks outstanding efforts as a concerned good citizen we the mayor and city counselors of National City request that this resolution become part of the official court record. Whereas: we the mayor and city counselors of National City fully understand the need for the lone good citizen to use humor, absurdity and even profanity in constitutionally protected free speech to gain a hearing and constituency for their ideas or cause. C.C. Mayor and Counselors Michale Crowley Sincerely, Mary Hernandez Concerned Citizen 1121 E 6a` Street #2 National City, CA 91950 (619) 477-2063 ./IEETING DATE ' 1 ay 6, City of National City, California COUNCIL AGENDASTATEMENT , 2003 AGENDA ITEM NO. 22 ITEM TITLE Report regarding donation of surplus property to local non-profit '501C3' organizations. PREPARED BB�renda E. Hodges EXPLANATION 336-4570 See attachment ,Ovo r- DEPARTMENT Purchasing Environmental Review X N/A Financial Statement Unknown value. Depends on what items are Approved donated versus sold at auction with proceeds deposited into various City funds. Finance Director Account No. n / a STAFF RECOMMENDATION Define the goals and intentions of this program, and provide direction regarding 1)who we donate to, 2)what we should donate, and 3) how we donate, per applicable sections in the attachment. BOARD t COMMISSION RECOMMENDATION n/a (ATTACHMENTS ( Listed Below ) Explanation (5 pages) Resolution No. A-200 i9 99) Explanation Background: At the request of the City Manager's office, this report was prepared to address an inquiry from Councilman Natividad regarding the possibility of donating surplus property to local non-profit `501 C3' organizations. Donations to non -profits are possible, but decisions need to be made regarding: • How do we identify non-profit organizations? See definitions below • What should we donate? See types of surplus property below. • How should we donate? See options below. How Do We Identify Non -Profit `501C3' Organizations? Non -Profit Organizations Defined: According to the Tax Code, non-profit organizations are defined as: "Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. " Local: Per the City Attorney, to be eligible to receive donations of surplus city property, the non-profit organization must have a physical address within the City limits. Number of Non -Profit Agencies: According to GuideStar, a national database of non-profit organizations, there are 88 non-profit organizations identified in the City of National City. Records from our Finance Department show 76 agencies, however their list only includes those organizations with business licenses. In cross-referencing the two lists, it was determined that not all listings match. There could be about 100 organizations if both lists were merged. Recommendation: • Accept the above definitions for 'Non -Profit' and 'Local'. • Accept both GuideStar and Finance Department lists as identification of non- profits in National City. • Require any non-profit organization to obtain a City business license prior to granting them a donation of surplus city property. What Should We Donate? Types of Surplus Property: There are three categories of surplus property that are handled in different ways. • Police Department unclaimed property. According to Municipal Code, Chapter 2.44, unclaimed property must be auctioned and sold to highest bidder, after expiration of the applicable retention period. Current practice is that these items are sent to auction locally, with H&M Goodies performing the service. Donating these items would require a change to Ordinance 1673, and Municipal Code Chapter 2.44. Auction proceeds are deposited into the City's Asset Forfeiture Fund, and the amount varies depending on the type, quantity and quality of items being. sold. Quality of items is typically 'good'. Sample prices obtained for bikes at auction: $10.00-$50.00. Recommendation: Unclaimed property consists of a very random selection of merchandise, however bicycles are always available. It is recommended that donations of unclaimed property be limited to bicycles since they are consistently available. Change Municipal Code and Ordinance. • Vehicles. According to Ordinance 1673, and Municipal Code Chapter 2.42.040B, and Ordinance 92-2044, any item with a value exceeding $1000 must be: sold via solicitation of sealed bids in a local newspaper, sold via County Cooperative auction, or consigned to a vendor to sell on our behalf. Occasionally a 'special use' vehicle has been consigned, but typically they are sold at the County Cooperative auction. Donating vehicles would require a change to the referenced Ordinance(s) and Municipal Code. Auction proceeds are deposited into the City's General Fund. Proceeds vary depending on the type, quantity and quality of the vehicles being sold. Quality of items varies per vehicle due to age, high mileage, accident damage, etc. Sample prices obtained at auction: '97 Ford Crown Vic $5000.00 '96 Ford Crown Vic $3750.00-$4500.00 '96 Ford Taurus $2600.00-$4500.00 '94 Olds Achieva Sedan $2750.00 '94 Buick Century Sedan $2900.00 '89 Chevy Pick Up Truck $3100.00 '89 Ford Passenger Van $4000.00 '87 GMC Dump Truck $7000.00 '72 Dodge Water Truck $3500.00 Recommendation: That we do not donate vehicles due to their significant value to the City. • Miscellaneous City property. According to Ordinance 1673 and Municipal Code Chapter 2.42.040A, items with a value of less than $1000 may be disposed on the open market without going to auction. In accordance with Municipal Code Chapter 2.42.03, these items are first offered to. other City departments, and the remaining items are sold. These items are typically combined with Police Unclaimed Property and sent to H&M Goodies for auction. Auction proceeds are deposited into the City's General Fund. Proceeds vary depending on the type, quantity and quality of items being sold. Occasionally surplus items are still functional, and are being disposed of because they are no longer needed. Most of the time, the quality of these items is poor. Departments usually declare an item surplus because it's broken or too costly to repair. Value: The last 3 auctions resulted in proceeds of $291.55, $564.80, and $1446.70 Sample prices: Desks: $10.00-$50.00 Computers $10.00-$20.00 Printers: $5.00-$25.00 Tables: $5.00-$20.00 Chairs: $3.00-$12.00 File Cabinet $12.00-$17.00 Bookcase: $5.00-$15.00 Tires: $5.00 Tool Boxes: $5.00 Recommendation: That we make all miscellaneous city property available for donation. These common items could benefit non-profit organizations, but their donation will have minimal impact on City's General Fund, due to relatively low value of items. Change Municipal Code and Ordinance. How Should We Donate? Past Practice: Neither the Municipal Code, or Ordinance 1673 specifically address the option of donation. In the past, Council has occasionally received requests from other agencies, and authorized donations of the miscellaneous surplus property to Tecate Fire Department, and to the Mayor of Tecate. The donations have been considered a humanitarian effort. Procedure: Purchasing staged the surplus property as usual, offered it to City departments, then provided a list of remaining items to the Mayor. The Mayor confirmed interest in the items (all or nothing), coordinated the date/time of pick up with the recipient and notified Purchasing. Purchasing supervised the removal of items from the warehouse, and notified Finance of any fixed assets that needed to be removed from the City's inventory. Future Options: Respond to Specific Requests As we've done in the past we can continue to respond to specific requests from non-profit organizations, as they come up and as merchandise is available. Recommendation: Requests should be submitted to, and approved by, the Mayor's office. If the organization meets the criteria outlined above, the request can be forwarded to Purchasing for coordination. Purchasing will still make sure that City departments have the opportunity to claim the items prior to making them available for donation. Solicit Interest If the intent is to donate as much surplus as possible, to as many organizations as possible, then advertisement will be necessary. • Prior to each auction, and ad could be placed in the local newspaper (approx. cost of ad: $40). Or, • Postcards could be mailed to the non-profit organizations on the list (approx cost $45 for postage, cards, labels). Or, • An application/registration system could be set up, and those organizations could be contacted via postcard or phone call when the time comes to dispose of the property in which they are interested. Concerns with soliciting interest: • If we have too many interested parties, we may have to deal with 'first - come -first -served' or develop a lottery system if two organizations want the same item(s). • The warehouse is only staffed Tuesday -Thursday, otherwise there is no one available to deal with surplus property. In order to minimize disruption to Purchasing and Warehouse activities, specific days/times may have to be set aside for non-profit agencies to 'come and look' at the items available. Availability of Surplus Auctions for surplus and unclaimed property are coordinated when several things occur (usually about every 6 months): • when we run out of space in the warehouse, • when we have sufficient items to make the task worthwhile • when the Police Department needs to unload their unclaimed property. Legal Issues: Gift of Public Funds? According to the City Attorney, we don't need to be concerned with the issue of 'gift of public funds', if the non-profit organization is located in National City. It can be assumed that assisting the non-profit, will also assist the citizens that they serve, and that the donation will result in a benefit to the community. Liability: A Release of Liability Agreement will need to be drafted by the City Attorney's office, to release the City from any liability resulting from the recipient getting injured on City property while picking the items up, loading/unloading, or from use of a defective product (ie: recipient gets hurt when leg of donated chair falls off). Use of City Forces: To reduce liability, it is recommended that we do not allow use of City forces or equipment for loading or delivery of donated items. Recipient must provide their own labor force, loading equipment and vehicles, and they must pick merchandise up from where it is currently being stored. MEETING DATE May 6, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 23 ITEM TITLE REPORT ON CODE REGULATIONS REGARDING THE SALE OF ALCOHOL PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning EXPLANATION It was requested at the April 15 City Council meeting that Code regulations on the sale of alcohol be placed on this agenda for review. Relevant sections of the Land Use Code are attached, along with a brief staff summary of them. It should be noted that a system of minimum separation requirements for businesses selling alcohol has been in place since 1976, when the Land Use Code was adopted. A Conditional Use Permit requirement was added in 1984. The result has been a difficult to administer, somewhat onerous, regulatory process. Environmental Review X N/A Financial Statement N/A Approved Byt STAFF RECOMMENDATION Council direction requested. BOARD I COMMISSION RECOMMENDATION N/A Finance Director Account o. ATTACHMENTS ( Listed Below ) 1. Summary of Land Use Code Regulations on the Sale of Alcohol 2. Land Use Code Sections Resolution No. A-200 9'99) SUMMARY OF LAND USE CODE REGULATIONS ON THE SALE OF ALCOHOL Any business proposing to sell alcohol, for on -site or off -site consumption, must first obtain a Conditional Use Permit. Previously established, lawful, nonconforming establishments selling alcohol are typically not affected by this requirement. A change of location would cause the need for a Conditional Use Permit, however. Restrictions differ somewhat for various types of establishments. These are listed below. Markets, convenience stores etc. that sell alcohol • No separation requirements, just a Conditional Use Permit needed. Liquor stores • Must be at least 660 feet from a school • Must be at least 500 feet from another liquor store Restaurants that serve alcohol • Must be at least 660 feet from a school • No separation requirement from other restaurants selling alcohol • Restrictions on entertainment and the hours of sale of alcohol (may be separately reviewed as part of a CUP for live entertainment) Bars, cocktail lounges, nightclubs • Must be at least 660 feet from a school • Must be at least 1000 feet apart • The bar/cocktail lounge distance requirements may be waived by a Conditional Use Permit Other establishments selling alcohol as an incidental use for on -site consumption; i.e., private club, theater, bowling alley, etc. • Must be at least 660 feet from a school • Must be at least 500 feet apart 118.1l6,ll40 On -site sales of alcoholic bever- ages in public eating places. • Sales of alcoholic beverages for consumption on the premises, entertainment and dancing may he permitted as an incidental use to a public eating place subject to issuance of a conditional use permit and the following conditions: A. Such establishments shall be no closer than six hundred sixty feet from any school within the boundaries of the city. B. Alcoholic beverage sales shall he incidental to food service. C. Live entertainment shall he limited to a single entertainer performing musical work (piano bars, etc_) where there is no dancing, audience participa- tion, or other live entertainment activities. D. There shall be no sale of alcoholic beverages after midnight. (Ord_ 1925 § 16, 1987: Ord. 1865 § 1, 1985: Ord. 1712 § 53 (part), 1980; Ord. 1503 § 1 (part), 1976: NCLUC § 971-03.04) 18,16.145 Sale of alcoholic beverage as an accessory use. The sale of alcoholic beverages as an accessory and/or incidental use to a permitted use, may be permitted in any commercial zone, light or medium 18.16.110 industrial zone, subject to issuance of a conditional use permit, provided that where the sale of alcoholic beverages is for consumption on the premises, such establishments shall be located no closer than five hundred feet apart, and no closer than six hundred sixty feet from any school within the boundaries of the city. (Ord. 1925 § 18 (part), 1987; Ord. 1865 § 2, 1985: Ord. 1820 § 1 (part), 1984) 18,16.150 Sale of alcoholic beverages as a principal use. The sale of alcoholic beverage as a principal use, whether for consumption on or off the premises, may be permitted in all commercial zones, except CA, subject to issuance of a conditional use permit. Where the sale of alcoholic beverages is for con- sumption on the premises, such establishments shall he located no closer than one thousand feet apart, and no closer than six hundred sixty feet from any school within the boundaries of the city. Where the sale of alcoholic beverages is for consumption off the premises, such establishments shall be located no closer than five hundred feet apart and no closer than six hundred sixty feet from any school within the boundaries of the city. (Ord. 1925 § 18 (part), 1987; Ord. 1865 § 3, 1985: Ord. 1820 § 1 (part), 1984) 663 18.71.010 Chapter 18.71 LOCATION OF BARS AND COCKTAIL LOUNGES* Sections: 18.71.010 18.71.020 18.71.030 18.71.040 Prohibitions. Measure of distance. Lawful nonconforming uses. Exceptions. * Refer to § 18.16.140 et seq. for related regulations. 18.71.010 Prohibitions. Establishments that sell beverages for consump- tion on the premises other than a bona fide public eating place as defined in Section 18.04.091, shall be located no closer than one thousand feet apart and no closer than six hundred sixty feet from any public school within the boundaries of the city. (Ord. 1760 § 2 (part), 1981) 18.71.020 Measure of distance. The distance between any two establishments that sell alcoholic beverages for consumption on the premises, other than a bona fide public eating place, as defined in Section 18.04.091, shall be measured in a straight line without regard to intervening struc- tures from the closest exterior structural walls of said establishments. The distance between any such establishment selling alcohol, as defined in this title, and a public school shall be measured in a straight line disregarding intervening structures from the closest exterior structural walls of said establishment to the closest property line of the school. (Ord. 1760 § 2 (part), 1981) 18.71.030 Lawful nonconforming uses. Establishments that sell alcoholic beverages for consumption on the premises, as defined in this title, that have been established in the city prior to adop- tion of the ordinance codified in this chapter shall be a lawful nonconforming use subject to the re- quirements of Chapter 18.108 of this code. (Ord. 1760 § 2 (part), 1981) 18.71.040 Exceptions. The regulations imposed by this chapter may be waived or modified by a duly approved conditional use permit; but only when the approving body can make a substantial finding that the cited concerns regarding public health, safety, welfare and police protection have been adequately mitigated. (Ord. 1760 § 2 (part), 1981) 780 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Ma 2003 AGENDA ITEM NO, 24 ITEM TITLE REQUEST TO USE THE MARTIN LUTHER KING, JR. COMMUNITY CENTER BY THE GIRL SCOUTS AND WAIVER OF FEES PREPARED BY Burton Myers DEPARTMENT Public Works 336-4580 EXPLANATION The Girl Scouts, Valle Lindo Service Unit (National City and Paradise Hills) are requesting use of the north room of the community center for a mother -daughter tea. They are requesting the center on Saturday May 10, 2003 from 1:00 pm until 5:00 pm for approximately 200 people. Costs: Building: $281.44 Custodial: 89.36 Total: $370.80 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". However, it would Luke the approval of City Council to waive the fees. Environmental Review X N/A Financial Statement Loss of $370.80 if waiver of fees is -.p oved. STAFF RECOMMENDATION Council decision on use of th BOARD I COMMIS N/A 0 RECOMMENDATION Approved By: Finance irector r an. waiver of fees. ATTACHMENTS t Listed Below ) 1. Application for use of the Community Center 2. Letter from the Girl Scouts dated April 16, 2003 Account No, Resolution No. A-200 (9;99) APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: Business Address: Name of Applicant: /"(0 A/A) L Cc� / %L � C' u ui S - P,41-1-�� J (,(/i d £7t? lei &Ai/ T S 4 A-nPkte,4it) Ai'ETS Address: 6 ,� S� /?/i iQ (S u y g • qa (3 % Telephone Number: day (v t'y) iS- - G S V;o evening (/ /1 477 5 - O % 9 Type of Function: 4447 H & Z - ,41-c G It -re- R Te d4 Date Requested: S t / 0 /`(/ GO 3 Decorating Time: / (ate/pm) to (am/pm) Function Time: (arm/pm) to (wpm) Clean lip Time: (am/pm) to (am/pm) Use of Kitchen: no X yes If yes, Time: / (,ate/pm) to 5 (am/pm) Ca.4)4-y Loire- AC ass ro cti,frEn.., Number of Participants: GCS Will Admission be charged? Ai 0 If yes, Amount $ Will this be a fund raising event? NC Will alcohol be served? /1/ 0 If yes, ABC Permit Submitted? 7v /i Certificate of Insurance attached? Special configuration of tables or chairs required? If yes, attach sketch. Special equipment required? N O If yes, attach list. Copy of Rules & Regulations provided? ✓ Initials ie Certificate of Insurance attached? How many times in the last two years have you used the Commu ity Center? If applicable, how much did you pay for building and/or custodial fees? Ai ,R I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the y's acility. Sign r of Applicant ate rev.02/03 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 G / /e ,Se0 LA_ s Person in charge of activity O x It ed Address (.v S— r S SA A/ Cif City facilities and/or property requested Date(s) of use V c 1(%)1 a h%N SL)2 t/' c? Telephone G / — . S AS /t Lw) 6E9 — //19 —c ce 9 (») Ca.-tc,4cat,Vt,y ('mac 77 tC:®� 7 c �,V7' / / ( //( .� oG 3 ltiket ! 3 if 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 damages 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. S6-12.1//: fixatr Ai 6 di. /6/ kCam Date Official Title Certificate of Insurance Approved by Name and Title rev. 02/03 Roxanne Jones 6885 Paris Way San Diego, CA 92139-3215 16 April 2003 Mr. Burton Myers Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Myers: On behalf of Girl Scouts, San Diego -Imperial Council, Inc., I am applying for use of the Martin Luther King, Jr. Community Center on Saturday, 10 May 2003 from 2:00 PM until 4:00 PM. We are expecting approximately 200 Girl Scouts and mothers for a Mother -Daughter Tea. In addition, we are asking the City of National City to waive the user fee for this event. We are planning one of the first regular events in the immediate National Cit yea to include Girl Scouts and their parent(s) who are in the Valle Lindo Service Unit (National City and Paradise Hills) area. It is hoped that having regular family member inclusion events will encourage others to join in and become active in scouting and the community. If you have any questions, please feel free to contact me at the following numbers: 619-479-0149 (H) or 619-545-6546 (W), or contact my Membership Community Coordinator, Alicia Martinez -Vasquez, at the council office, at 619-610-0721. Thanking you in advance for your consideration. Sincerely, 7 ROXANNE JO S Service Unit Manager MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT 25 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE PREPARED BY Claudia Caro, Permit Tec EXPLANATION ,1 *1 aglit0 Building and Safety This is a request from McCune Motors to conduct a three day used vehicle tent sale on lot 2 at the Plaza Bonita Shopping Center, from Friday, May 9- Sunday, May 11, 2003. The hours of the sale are 9:00 a.m. until 10:00 p.m. This event involves the sale of used cars from the McCune lot in National City. D.J. music will be provided for entertainment from 10 a.m. through 6 p.m. during the event. Environmental Review Financial Statement X NIA The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account o® STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS_( Listed Below) Resolution Application or A I emporary use Permit with recommended conditions of approva A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME: APPROVALS: PLANNING FIRE FINANCE POLICE SPECIFIC Conditions of Approval: McCune Motors Used Vehicle Tent Sale May 9-11,2003 9:00 a.m. until 10:00 p.m. YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x 1 NO [ ] SEE CONDITIONS [ 1 FIRF (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Fair _ Demonstration Grand Opening _ Festival Community Event Circus Block Party 'Other v/C ,SALE.. CAQ C-EnumCE 5 LE Event Location: LAZA JC?NI_I 4- Event Date(s): From G to °c- /t/ - 03 Total Anticipated Attendance: '`®C Month/Day/Year (',20 Participants) ( I`yC Spectators) Actual Event Hours: C1 b'pm to le am/ ri Setup/assembly/construction Date: J - 6-03 Start time: I I Ain Please describe the scope of your setup/assembly work (specific details): GO +v) P rEJ u- S C -1 Dismantle Date: J /42 'r1 9 Completion Time: List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: For Profit _ Not -for -Profit Chief Officer of Organization (Name) RA) l c NE__ Applicant (Name): TCCt\,.) `s' /V Address: 31-i ;u RTI322.4 8 �_ C J `t Daytime Phone: o ! ) - II I Evening Phone: (£i) )) -10) Fax: (tici) 104 -»f/0 Co fir clzo -s' (f)CCd t /V)e 1Q,5 Contact Person "on site" day of the event: Pager/Cellular: 6 Cj ,_ 30 a s NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? _YES _X NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): $ :)(;(`) 0'OC) Estimated Gross Receipts including ticket, product and sponsorship sales from this event $ r )` ,t' t^; Estimated Expenses for this event. $ %R- 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. -1-\J U5E c-AR ;!YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 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: 1�5� V�tV1TCi° tS _ YES > —NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES X NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. `.;LYES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes 46X D.0 NOTE: A separate Fire Department permit is required for tents or canopies. YES "? 4 O 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: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security. _ YES O Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: YES Security Director (Name): Phone: O Is this a night event? If YES, please state how the event anr" surrounding area will be illuminated to ensure safety of the participants and spctators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: ALAIt NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YYES ` 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: Rya- Number of Bands: Al/A Type of Music: 3b3 YES NO Will sound amplification be used? If YES, please indicate: Start time: ICJ /pm Finish Time `C,7 arni ) YES)KNO 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 NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES /`iflO 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 6 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 C ( L ! 0 (6 RS Person in Charge of Activity ry-FifiK-E SOLAM'E4n r J) n� + (� Address )4J!'`)0 1V�` ONAL-- cr y �L1 1V b , ` 119ED Telephone (1c1) 1-P7 —Y Z1 Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, includi attorneys fees and the costs of litigation, arising out of or related to the use pudic prop or the activity taken under the permit by the permittee or its a nts,(er�hploy - •r contractors. Signature of Applicant Official Title Date ld/d.f/03 I -or Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2003 AGENDA ITEM NO. 26 ITEM TITLE TEMPORARY USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE /i Claudia Caro, Permit Technician 336-4210 • ' Building and Safety PREPARED BY DEPARTMENT EXPLANATION This is a request from McCune Motors to conduct a three day used vehicle tent sale on lot 2 at the Plaza Bonita Shopping Center, from Friday, June 13- Sunday, June 15, 2003. The hours of the sale are 9:00 a.m. until 10:00 p.m. This event involves the sale of used cars from the McCune lot in National City. D.J. music will be provided for entertainment from 10 a.m. through 6 p.m. during the event. Environmental Review Financial Statement X N/A The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. STAFF RECOMMENDATION Account No. N/A Approve the Application for a Tempor Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATThe e Permit with recommended conditions. of anorova esofUtion o. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME: APPROVALS - PLANNING FIRE FINANCE POLICE SPECIFIC Conditions of Approval: McCune Motors , Used Vehicle Tent Sale June 13-15, 2003 9:00 a.m. until 10:00 p.m. YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ 1 SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS F 1 FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. Type of Event: Public Concert Parade Motion Picture Event Title: Fair _ Demonstration Grand Opening Festival Community Event Circus Block Party `Other f1/C s n CIER f .` 05.E Cni2 CL EPfthJiCE_ SAl F Event Location: P Ln-Ell Event Date(s): From t - 03 to 6 _/S-O3 Total Anticipated Attendance: 992-00 Month/Day/Year (.J.0 Participants) ( i4,3() Spectators) Actual Event Hours: tm/pm to 10 am/0 Setup/assembly/construction Date: -6? • 2 I Start time: I Prin Please describe the scope of your setup/assembly work (specific details): )J V F 7 TA -EA) EWES CA-12:S Dismantle Date: (a - // 03 Completion Time: , amiC 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. �I /, Sponsoring Organization: Chief Officer of Organization (Name) TOM y , eC U) E Applicant (Name): 1 e),Q`q Lt &) _ Address: t `i N:s) Daytime Phone: Pc1 ) 1-1-1 7 _ 1101 Evening Phone: (b9L1) (IT) -IUD) Contact Person "on site" day of the event: Cc PT RLLCM[< l k For Profit Not -for -Profit Fax �7ti _$31 ) Pager/Cellular: 619 --- 3c -sd i(l b NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES NO _ YES NO $1 C0 00,0 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. USES r ES NO If the event involves the sate of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 7 YES %< NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: O5E V E4 Lt=S _ YES ,)NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. `L.YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes 46 X.4) NOTE: A separate Fire Department permit is required for tents or canopies. _ YES (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: 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: , 2 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 'T` Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: ay 3 Please describe your procedures for both Crowd Control and Internal Security ,SEC-0 i t�i� t_i s WO t ri 1-} /171 _ S Gtl t YES /mot lO 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 10 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 spec ,tors: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. (JO 2 5 t 00. ( Sit L , Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: tv' Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: ''-c;; .1 kzt Z NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 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. k/A- Number of Bands: Number of Stages: • Type of Music: »-YES _ NO Will sound amplification be used? If YES, please indicate: Start time: i 0 /pm Finish Time U ar91 ) YES)KNO 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 NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES 0 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 6 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 CcjiOE_ l' 'C & ( S Person in Charge of Activity l416I`(-t SO -LAM Address 5t10 1VFTcV0 ,c) `" � 17 J (� /�� .(950 Telephone �,.:71c1) LP? _ )-3�Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, inclu attorneys fees and the costs of litigation, arising out of or related to the us pub - propert . the activity taken under the permit by the permittee or its ag tsr•loyentractors. Signature of Applic 7,;Sol Official Title Date For Office -Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2003 AGENDA ITEM NO, 27 ITEM TITLE TEMPORARY USE PERMIT — OFFICE OF ASSEMBLYMEMBER JUAN VARGAS-CHILD SAFETY DAY Claudia Caro, Permit Technician 336-4210 Building and Safety PREPARED BY DEPARTMENT EXPLANATION This is a request from the Office of Assemblymember Juan Vargas to conduct a Child Safety Day on the west parking lot at the Plaza Bonita Shopping Center on Saturday, May 17, 2003. The hours of the event are 10:00 a.m. until 2:00 p.m. This is a free event for the community. California Highway Patrol inspectors will provide car seat inspections, non-profit organizations will provide safety information and State Farm Insurance will provide free car seats for those that do not pass inspection. There will also be finger painting for the children. No food or drinks will be sold. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Cour.:,i1 Policy No. 704 for a waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $177.00 in costs in processing the T.U.P. application through various City Departments. Account No. �r/A STAFF RECOMMENDATION �^�^ ����//�// Approve the Application fora emporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Belcw j 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: EVENT: DATE OF EVENT: TIME: APPROVALS: PLANNING RISK MGR. CITY ATTORNEY FIRE POLICE Office of Assembly Member Juan Vargas Child Safety Day May 17, 2003 10:00 a.m. until 2:00 p.m. YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [xl NO I SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Do not block any Fire Department connections during the event. RISK MGR (336-4240) 1. Provide minimum limits of one million per occurrence of general liability insurance. 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. (Done) CITY ATTORNEY (336-4220) 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and the National City Parking Authority and their officials employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 04/21/03 MUN 13:52 FAX 7605107645 • SD PUBLIC AFFAIRS o • Z002 •Vehicles ekt kgr& r • 4 ct ® Cares Z,/ ♦ C+fe s-Fc LiD ❑ CH? Jv,spec.54im.,s [I] / /7 v a ck►L1 5fir JFv M A^/ 11, 2c3D3 R%k ,N\ ,4(/,_ 74,t' "PAY CO bonito plaza PLAZA BONITA EMPLOYEE PARKIN YOU MAY ONLY PARK R1NQ ROAD ` T AREAS SHOWN IN YELLOW flU 1TT i � I q YR-)4A 1 1 -1 LUANCE ��. .1 M AA A.1 r1 hr iD i �- ` ft 4ii47E�VYN S f. �L�J -00 6N��r NTRANCE SWE EroaEP aa. 001/001 S N O P P I N G T o W N PLAZA BONITA 3030 Plaza Bonita Road, Suite 2075 National utv;-'EA-9 Telephone (619) 267-2850 Facsimile 1619) 472-5652 March 11, 2003 Kathleen Trees 1243 National City Blvd. National City, CA 91950-4397 Dear Kathleen: Please be advised that Assemblyman Juan Vargas' office, with State Farm Insurance, has the permission of Westfield Shoppingtown Plaza Bonita to apply for a temporary use permit. A child safety fair will be placed in our Outback Steakhouse parking lot (Lot #2) on May 17, 2003 from 7:00am - 4:00pm. If you have any questions, please do not hesitate to call. Sincerely, PLAZA BONITA LP Ronnie Wormuth, CMD Senior Marketing Director RW:ts Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus Other X Community Event Block Party Event Title: C VI I Iti Safe 1 1)61 �jdS� :aLn2i eQ\ ct �'� r 3030 .PIet -3 i 1-1, ' ine,-rCtk / Event Location: S-iSG� 5"b b � Event Date(s): From)/I"1`r?g to �a/i%/0� �/1-7ez-f1� Total Anticipated Attendance( �� Pa: oXi Month/Day ear (g7oSpectatorS) Actual Event Hours: / 0 arr� pm to 2 amerr 1 Setup/assembly/construction Date: 51f "7/0gStart time: D • 0 0 a Please describe the scope of your setup/assembly work (specific details): e-t u p la W ti 100 (Ai.- ii,onec p\a,cieA arty 44A�Ve h iGle i r-r,Ko` bo tu�f-ioils of a" ert) 1 YYtG-6N ri � 5 LtAL t drill-6 - nor-vpYul,t &tc*eaf.]l/ rA. Dismantle Date: 51ti'0-7, Completion Time: 40 0 am List any street(s) requiring closure as a result of this event. Include street name(s), day and time f closing and day and time of reopening. - KIP- fVe-vt— (0) 1I -its, ill flu-z& llztc6 1Bel-tHz 1 ,,-r 14iv9 1 ui. Sponsoring Organization: 0-1(e �` ` CYtL1r1 aryas Chief Officer of Organization (Name) Co I { 11 Ricer Applicant (Name): Tarn I tl& tI l ri Address: U 7'6 1 I1 I rA Alt ems I C!i.v t GL, Uf 071-1 C Daytime Phone: ((ort) /i ue1-1 fl(-1 Evening Phone: (it)jci) a LT' Gta1 Fax: ((01c?)`1 pg-- "D--7 Contact Person "on site" day of the event: r-(& ��tIf Email itmi (1P - �c �, r-)COY, CO, Pager/Cellular: !� I b � ' (U (02 i f)V x/ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS For Profit Not -for -Profit Is your organization a "Tax Exempt, nonprofit" organization? %( YES NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES X NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. --cur 0,u-0ia t I lore 0 a-1 r;rn . lia\\'�w (x o\ 1nS?ecs rov °te co r se��t- ckin bobs �evf��a� i�aFtb� C3nGGC non_ \roN` crrccrt62afi-1\ 1p-c-orin( trc��rr r)ibl C.ciaIci(GV} G S o ry w — elek (E C'L1 I c( re e_ n is dLesisre- j,.'{ ° ' ham% ,a(l)\i a 1\1fpc_ YES NO If the event involves the sale of cars, will the cars come exclusively from ? National City car dealers? If NO, list any additional dealers involved in the sale: 2 — YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES 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. y YES NO Does the event involve a fixed venue site? If YES, attach sitee m�apd, showing all streets impacted by the event. — Y� D YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES 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: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 2 Trash containers with lids: r0 Describe your plan for clean-up and removal of waste and garbage during and after the event: rASf; I l 1' -7Lhe- v6/77 h Vv / ;rb4:: d btril w1- 7 3 Lf� Please describe your procedures for both Crowd Control and Internal Security: 14./f14-Per5 (i rcl rx ir29 c p Vvluyi#'e,S) l;E' t 61)„ 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)( 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. (? i a n -��j ot Please describe your Accessibility Plan for access at your event by individuals with disabilities: pz/Gl r✓ / / re A.‘,4, 7-7v le, - ' / rd e._ 1,17411 iee- Please provide a detailed description of your PARKING plan: Iv/'.q — £ vr4-'i- % 712C y GI /ice (I / 'I /2 Please describe your .lan for DISABLED PARKING: rk/ ,. c os t Gied fre='� lJ/- f U 7 J i� t/ �✓ 66 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: N/A NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 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: vpe of Music: YES NO Will s. nd amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound ches be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sou • equipment that will be used for your event: YES NO Fireworks, rockets, or other pyro chnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting If YES, please describe: Revised 10/3/01 5 Event: For Office The OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Ca AND SAF +?' TCEPVED 4P 2 200,3 NATIONAL CITY, CALIF, 6 REQUEST FOR A WAIVER OF FEES 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 (Ate of Os54'nb'y-fne f I ue-ti Va4- r_S D� sfn 71 Type of Organization G u ✓c-t ra f 0 ff-r'(--C_ (Service Club, Church, Social Serbs ce Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) y No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) y Signatue I Date 9 04/22/03 15:50 FAX 0194099270 ASM VARGAS DISTRICT OFC '4 002 City of Nat Tonal City PUBLIC PROPERTY USE H D 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 includl:s the City, its officials, agents and employees named as additional insured rind to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization C-1F� 6i lam "iyb i --- iteL'Vi t Pt r,S Address 6 7e- Third Ave S le I oS Chu.la... VIel g / Telephon 11) IQE31 -7/7g7 Date(s) of Use i i /' 2 Person in Charge of Activity 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 kdational City and the National City Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, I ability 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. P Siena `\/ t Official Title / Date mozeravomeeeemosameiB For Office Use Only Certificate of Insurance Approved Date 04/16/03 WED 15:23 FAX 7605107645 WK-11-46,1S 14:44 SD PUBLIC AFFAIRS Z 002 HUotiftLO (1411112003 I'ROOVCER Serial # 0804 AON RISK sERVICEB, INC. OF ILLINOIS 1000 N. MILWAUKEE THIS CERTIFICATE IS ISSUE 0 AS A MATTER OF INFORMAPON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFCATE HOLDER, THIS CERTIFICATE GOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ©TI NVIEW, 0- Moss DOCUMENT PRODUCTION UNIT COMPANIES AFFORDING COVERAGE ATTN; I $-2B3 7122 FAX( 847-063 6380 OPERA AON RISK INSURANCE SERVICES'OF ILLINOIS. CA LICENSE NO.0096622 COMPANY CONTINENTAL CASUALTY COMPANY A INSURED STATE FARM MUTUAL AUTOMOBILE COMPANY INSURANCE COMPANY ONE STATE FARM PLAZA, DI- -RISK MANAGEMENT COMPANY C BLOOMINGTON, IL 61710.0001 ATTN: BARBARA GRAHAM / (309) 76&5856 TiIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE INDICATED, NOTWITHSTANDING ANY REQUIRM ENT. TERM DR COMMON CERTIFICATE MAY BE ISSUED OR NAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIARS SHOWN MAY HAVE — COMPANY D / BEEPI ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPEROD ' . OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID CLAIMS. CD LIR TYPE OP INSURANCE POLICY NUMBER oar 0euenfrr) TME XPIRATION OATS H LIMITS A GENERAL UABBJ1Y GL 24 790 7759 04/01/2003 04/01/2004 SSNBRALAGGREGATE s 2,000,000 X COMMERCIAL GENERAL amour( PRODUCES - COMP/OP A66 S i•• iaCMADE UR PERSONAL a AJURY DV IN $ ^lCWVS owNERs a coNTR A. -TORS PROT EACH OCGURR6NC6 $ 2,000,000 FIRE DAMAGE (Any ann RM) S MEDETW (My one mow) $ AUTOMO6168UABIUTY — ANY AUTO _.. •".,...... ...._.___....... =MBINEo SINGLE LIMY $ .. AU. OWNED AUTOS SCHEDULED AUTOS WONT INJURY IPD" WARN HIRED AUTOS ION -OWNED AUTOS BODILY EZILd2Y (PerAmbNW y PROPYRIY DAMAGE OARADEUABIUTY AUTO ONLY. FA ACCIDENT S ANY AUTO OTHER THAN AUTO OHLYI EACH ACCIDENT $ AGGREGATE 3 EXCESS LIABILITY EACH OC IURREHC9 s UMBRELLA DORM AI^,telucA-Ie S oTHE:R THAN UMBRELLA FORM *MOWS COMPENSATION AND DO3TATU-va EMPLOYERS' LIABIUTT ID EL EAcCHH AAcCCIDENT s 'ME QTM 1Nft EL DISEASE. POLICY LIMIT $ PH-T%i1D O/PIQBAT ME: E9ICL fL DISEASE -EA EMPLOYEE $ OTHER StSCSIPISSR C-bPERAtfolli 4socanoN$IVEstme&BPBOIAL IraIIE RE: WESTFIELD SHOPPINGTOWN PLAZA BONITA LP, A DELAWARE LIMITED PARTNERSHIP, WESTFIELD AMERICA INC., PLAZA BONITA L.P., WESTFIELD CORPORATION INC., AND ANY AND ALL OF THEIR RESPECTIVE PARENTS, PARTNERS, SUBSIDIARIES AND AFFILIATES TOGETHER WITH ANY MORTGAGEE AS THEIR INTERESTS MAY APPEAR ARE INCLUDED AS ADDITIONAL INSUREDS WITH RESPECT TO THE GENERAL LIABILrrY POLICY, STATE FARM CHILD SAFETY DAY EVENT - MAY 17, 2003, 3030 PLAZA BONITA ROAD. NATIONAL CITY, CA WESTFIELD SHOPPINGTOWN PLAZA BONITA ATTN: RONNIE WARMUTH 3030 PLAZA BONITA ROAD, #2075 NATIONAL CITY, CA 91050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED RETARD TI* EXPIRATION BATE THEREOF, THE IBEI/ING COMPANY DELL ENDEAVOR To NAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMLID TO THE LEFT, _ . BUT FAILURE TO MAIL SUCH NOTION SHALL IMPOSE NO OBLIGATION OR LIABILITY or ANT 1pNO UPON' THE COMPANY, ITS AGENTS OR REPRESENTATIVES... NTATTNE AMA RISK SERVICES, IIIC. OF ILUNO98 AMMO toE RB.EARR�,RI U:FMPROIISTATEPARMUS0304 28S ,FP5 Tf1TF I P . R2 diEETING DATE May 6, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 28 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN EL TOYON PARK, AT 2005 E. 4TH STREET (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO.: CUP-2003-5) PREPARED BY Roger G. Pose-4310 DEPARTMENTPlanning EXPLANATION The project site is in the 10.3 acre west portion of El Toyon Park between Interstate 805 and U Avenue. Specifically, the proposed wireless communications facility will be north of the ball field just south of El Toyon Elementary School, and adjacent the newly renovated score shack in the Civic Institutional -Open Space (IC -OS) zone. In 1998 the City approved a Conditional Use Permit allowing AT&T to locate close by. The applicant proposes to replace an existing 91 foot tall light pole, which is adjacent the west side of the score shack, with a new 104 foot tall pole. The existing lights will be placed on the new pole, along with six panel antennas that will be surface mounted and painted to match the pole. Additionally, they will construct a 160 square foot enclosure immediately west of the pole. The wood frame enclosure will have a gable roof and stucco finish to match the score shack. The existing service road in the park will be used to access the facility for routine maintenance. Planning Commission held a public hearing on this item April 7, 2003. There was public testimony from two individuals. They questioned whether construction would interrupt use of the ball field, and why Cingular is not proposing to locate on the same pole as AT&T. The applicant noted that construction would not interfere with use of the park or ball field, and that the pole AT&T is on would need to be incre.. ,ed in height by 25 feet in order to meet their service objectives. The Commission approved the Conditional Use Permit, since the facility will be no more intrusive than the existing light poles in the park Please note that condition #9 requires that Cingular Wireless enter into a lease agreement with the City. Enviro Financial Statement ental Review N/A Categorical Exemption 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 Conditional Use Permit. Vote: Ayes- Pruitt, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Abstain: Carillo ATTACHMENTS ( foisted Below ) Resolution No, 1. Planning Commission Resolution No. 9-2003 3. Applicant's site photograph and photosimulation 2. Location Map 4. Site Plan A-200 (9 99( RESOLUTION NO. 9-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN EL TOYON PARK, AT 2005 E. 4TH STREET APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2003-5 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility in El Toyon Park, at 2005 E. 4th Street at a duly advertised public hearing held on April 7, 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-2003-5 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 ~equired 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 April 7, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small 160 square foot facility can easily be accommodated within this 10.3 acre portion of the park. 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 facility will typically be visited one to two times per month and can be accessed by an existing paved service road from U Avenue, a residential collector street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the facility is designed to be no more obtrusive than the light poles in the park. Additionally, the equipment enclosure has been designed to be compatible with the adjacent snack shop. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless 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 the construction and operation of a wireless communications facility up to 104 feet tall in El Toyon Park, at 2005 E. 4th 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-2003-5. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 2. Plans submitted for all permits shall be consistent with Exhibit B, Case File no. CUP-2003-5, dated 3/26/2003. 3. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. Additionally, plans should note that the exterior materials and colors will be compatible with the existing accessory structures in the park. 4. Plans should note that the new pole and antennas will be painted with non -reflective paint to match the existing poles. 5. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 6. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 7. 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. 8. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 9. Cingular Wireless shall obtain an approved lease agreement with the City of National City prior to the construction of the wireless communications facility. 10. Plans submitted for all permits shall include a fire suppression system approved by the National City Fire Depaitnient. 11. Before this Conditional Use Permit shall become effective, the applicant 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. 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 April 21, 2003, by the following vote: AYES: PRUITT, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: CARRILLO CHI RMAN /11M • NATIONAL CITY PLANNING DEPT. EXHIBIT B Vio-'..;W• -4: CASE FILE NO. CUP-2003-5 :. ,. DATE: 3/26/2003 11 o osimu a ion o propose elecommumca ions si e VICINITY MAP THOMAS GUIDE PAGE 1290. AG ADDRESS 3005 EAST FOURTH STREET NATIONAL MET, LA 2H9e0 COORDINATES (NAD R3) IA11N07 37 4r 11.17 SORTS LONGS.. II? OS 1O.0 WEST ACCESSIBILITY DISCLAIMER MR 5701[Cl lr M Y"MCUPIE0 WIRELESS F[r IOEcoxuuNlwIOAR 7T00111ORO% To CRIRM NOA^ APS"RO0P1FNOu v°54M4100 o, ACCOT RPNAOIOEIIITS. cingularM WIRELESS EL TOYAN PARK 2005 EAST FOURTH STREET NATIONAL CITY, CA 91950 SD-534-01 CONSULTANT TEAM ARCHITECT: xnu.. 200m A "OBENT SWIM MSIOIRGNR E PANNING 76. 60S K T SARL511•11, 20 (➢010 (rm) 424447l (7W) 431-BSOS (MO STRUCTURAL CONSULTANT: RAW I. META ST90CTNW. MGNr0A 10 03 SWAM RIM SAS 1106. 10 92100 (1w) IB7-6493(54001E 4 rM) ELECTRICAL CONSULTANT: WALTER D. MP. NECTFltlL 004077, SE 1e00 71EF1 OAKS IMP CIILLL MIA. CA OL013 (GIP) 202 0O1s (ese) W3-1000 (1M) SURVEYOR: CNMI0NNN MOIREONI0 H SURVEYING 1220 EII0M2x AVENUE, BUR[ BM DIEGO 4 ➢2125 One) 211-➢➢GI (060) 271-0➢13 (FAY) NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2003-5 DATE: 2/18/2003 PROJECT SUMMARY APPLICANT: I170 52 m1o1¢ 6n.. sum leo yN DGW. CA CHILI (050) LIE-oul OWNER: MI OF 14410114. CRT 1243 RADAR% CITY DARLA- Ma IYTDNILL RR. 03 D1060 PROJECT DESCRIPTION: Ix01LL1•:12" Or IE1Ew2N1IUUTONS E0IIIPYUR A0DS A POW LANIVOIAS ASMA11 or 7557SMELT0MTOMx CONCUR (At11 B000110 onMI n"A WOW 001" V MSS ULM MOMS LEGAL DESCRIPTION: ql 00 10 ALOT1 W OOlt..Olt..SECTION ISO OF T.7N1CM MR DE IA 0ACMN. 20 201OWA CST. SAN SILOS 000INTS. STATE M CFLFCRxM. AOCORNe0 70 SAP IMFAmr x0.:53. FWD TR SITYLI WMIFTHE le. MOOMOOROFIWO SAN OIECO M PROJECT PROJECT ADDRESS: 900e SAST FOURTH CBR0T IMTONLL CIr. 10 91OSO ASSESSORS PARCEL NUMBER: Du-O34-IS EXISTING ZONING: .00 05EM 0P0.0E) Son Mc.139SF Io.33 ACB TOTAL SITE AREA: PROPOSED PROJECT AREA: TYPE OF CONSTRUCTION: EXISTING SLOG. OCCUPANCY: ISO m. rt. N0" LRDOm nR 1, x0Sw1NUx 021 SHEET SCHEDULE T-T TILE WEFT 51 PROJECT DATA A-0 SITE PIM MD CSXEVL Cr[CI0CAIwR3 A -I Drumm Slit Mx A-2 EDDVYM0 WATER FLOOR PLAN A-3 L]RWOR CLEVAn➢10 0-1 DBMS C-1 SURVEY APPLICABLE CODES Rx LYLL SMOLT WTM iM r0010NM2 MPUCAIUS MDv: =FORMA STATE IMAM CODE. TITLE 34. 2001 DORMS LISSOM NILo1SD S OC. UST DORIS. u1IMY Pw*OM0 Mm. 1M1 ml7w0 slams NATIONAL OOSCNDC.0. M04 20111 mM100 IN DOE [VMT OF MNNCT, mC 2021 ROWICTM [00C EMIL PPCNLL Brui UMW s YCNM...Tunl (11,11(1I,III��"���I PREPARED FOR ):( cingular- 61T0 CEAN EO FGDNECAF9]I}IlE 190 3. APPROVALS 0011111B r" .r9RDVY WII Doll OAT( PROJECT NAME EL TOYAN PARK PROJECT NUMBER SD-534-01 DO05 EAST FOURTH STREET NA110NAL CITY. CA 91950 SAN DIEGO DRAWING DATES l0/5/00 oN[uu[zo200100111f.�11 SHEET TITLE TITLE SHEET PROJECT DATA T-1 PROA D PMwIµ AVOID DPW. µD PP UNITS YAUTATW Ox A NED IW_Y MR LOP STODP'AO. 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Al. -0Pxa wMMan Pewtm Txmua lu-aIm Aw.a .M MI. n 1.1.1. MM. LW MM. rot LC II. 24n.010M119 ..`PP.11 WeTI.`IKIMOM. MI^ MUM ELoma.. FOAa 2ma RPI. t 01.I. Pa Ia Amuraw S.AS n a:rl II xn MMM. PM . wwMmxt v MI. 011611 PFMI3TARP I, UAW PREPARED FOR x cingIAar- 61]D CSOS 0100O.ECAT93121iE 180 NTT. EOxs13OE40x snL AIoWENI SO APPROVALS on. :: PROJECT NAME EL TOYAN PARK PROJECT NUMBER SD-534-01 2005 EAST FOURTH STREET NATIONAL CITY. CA 91950 SAN DIEGO DRAWING GATES x/I/OS mmotpE IT PIPED uI m`) SKEET TITLE SITE PLAN GENERAL SPECIFICATIONS A-0