Loading...
HomeMy WebLinkAbout2003 05-20 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — MAY 20, 2003 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE ADJOURNED MEETINGS OF APRIL 8, 2003, AND THE REGULAR MEETING OF MAY 6, 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 5/20/03 PAGE 2 PRESENTATION Employee of the Month Program PROCLAMATIONS Proclaminig May 15, 2003 to be: "SAN DIEGO AD CLUB'S HISPANIC MARKETING COUNCIL DAY" Proclaiming the week of May 18-24, 2003 as: "NATIONAL PUBLIC WORKS WEEK" PUBLIC HEARINGS 1. Public Hearing — Conditional Use Permit for a wireless communications facility at the Thrifty -Wash Laundromat at 2415 E. 18th Street, with 'a variance to allow construction within the required front and side yard setbacks. (Applicant: Cingular Wireless) (Case File No. CUP-2002-13/Z-2003-3) (Planning) 2. Public Hearing — Conditional Use Permit for the sale of beer and wine at Pat & Oscar's Restaurant at Plaza Bonita. (Applicant: Pat & Oscar's) (Case File No.: CUP-2003-6) (Planning) 3. Public Hearing — To consider a rate increase request for Edco Disposal Corporation. (Public Works) **Refer to Item #9** 4. Public Hearing — On expanding and/or decreasing the Residential Permit Parking District "A" located on "A", "B "C", "D" Avenues and 22nd Street. (Councilman Morrison) (Public Works/Engineering) COUNCIL AGENDA 5/20/03 PAGE 3 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. 5. Resolution No. 2003-63 A Resolution of the City Council of the City of National City approving and authorizing the recordation of an Encroachment Agreement with Exxon Mobil Oil Corporation for installation of one groundwater monitoring well at 10 Osborn Street, along Osbom Street, south of Division Street. (Engineering) 6. WARRANT REGISTER NO.44 (Finance) Ratification of Demands in the amount of $2'.1,723.30. 7. WARRANT REGISTER NO. 45 (Finance) Ratification of Demands in the amount of $877,061.25. 8. Consolidated Cash and Investment Report as of March 31, 2003. (Finance) NON CONSENT RESOLUTIONS 9. Resolution No. 2003-64 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement between the City and Edco Disposal Corporation for collection of rubbish and trash, and approving a trash service rate increase. (Public Works) **Refer to Item #3** COUNCIL AGENDA 5/20/03 PAGE 4 NON CONSENT RESOLUTIONS 10. Resolution No. 2003-65 A Resolution of the City Council of the City of National City approving the appointment of the Community Development Commission of the City of National City ("CDC") Board to act as the Relocation Appeals Board. (Community Development Commission) 11. Resolution No. 2003-66 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) **Continued from May 6, 2003 council meeting** ORDINANCE FOR INTRODUCTION 12. An Ordinance of the City Council of the City of National City amending Title 9 of the National City Municipal Code by amending Chapter 9.38 pertaining to restricting the sale, display and promotion of tobacco products or cigarettes to minors. (City Attorney) 13. An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code relating to business and franchise taxes by amending Chapters 6.04 (Business Taxes) and 6.20 (Residential Rental Taxes), recodifying and renumbering Chapter 6.70 into Title 4 as Chapter 4.50 relating to building construction fees, and repealing Chapters 6.14 (Adult Movies and Bookstores), 6.18 (Amusement Arcades), 6.22 (Auctions and Auctioneers), 6.24 (Bowling Alleys), 6.30 (Dance Halls), 6.34 (Delivery Services), 6.44 (Going out of Business Sales), 6.54 (Pawn Brokers), 6.60 (Swapmeets), 6.62 (Mobile Home Parks), 6.64 (Mobile Amusement Vehicles), 6.66 (Mobile Searchlight Advertising), 6.68 (Towing Services), 6.73 (Video Machines), and amending Title 10, by adding Chapter 10.57 regulating swapmeets. (Finance) COUNCIL AGENDA 5/20/03 PAGE 5 ORDINANCE FOR ADOPTION 14. An Ordinance of the City Council of the City of National City amending portions of Chapter 3.08 of the National City Municipal Code, entitled "Administration" (City Manager) NEW BUSINESS 15. Notice of Decision — Conditional Use Permit for a church at 3403 Plaza Boulevard, Suites J and K, in the Plaza East Shopping Center. (Applicant: Ark Christian Fellowship) (Case File No.: CUP-2003-7) (Planning) 16. Notice of Decision — Conditional Use Permit for a wireless communications facility inside the South Bay Plaza Monument sign along Highland Avenue approximately 170 feet south of Plaza Boulevard. (Applicant: Sprint Assets PCS LLC) (Case File No.: CUP-2002-24) (Planning) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — June 3, 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 City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 May 6, 2003 MEMORANDUM TO Park Morse, Acting City Manager FROM Roger C. DeFratis, ne it ctor SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Finance Department to be recognized for the month of May, 2003 is Ray Crawford, Parking Regulations Officer (nomination attached). Mr. Crawford has been invited to attend the Council meeting of May 20, 2003, and be recognized for his achievements and service. Attachment (1) xc: Department Director Ray Crawford RCD:Im A:NOMINATION LETTER W Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Ray Crawford for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not exceed 150 total words. Please be as specific as possible when giving your examples. Officer Ray Crawford is an exemplary employee and a great asset to the City. In just over a year he has worked for the City. Ray's diligence and dedication to the iob 1 2001. His positive attitude, spirit of teamwork and cooperation helped foster better workipg relationships not only with other City employees like Planning's Code Conformance Officer and Pl)'s abatement and traffic officers but also with the business and private et.LoLS of Lhe couuuuu1Ly. Galled 4n to Dispatch His assistanre_allnwed Pi) to divert Already .-:rarcP Safety personnel time to take care of more urgent matters. Ray also willingly assisted P1) personnel in other traffic related matters when called upon to do so. A few letters and phone calls from business owners and private citizens commended Ray for prompt attention to parking complaints brought to his attention. He and the two part-time officers strictly enforced permit parking in residential areas and timed and handicapped parking in business areas to ensure accessible parking for clients and Cer's . . • LL4 violent violators. Tn one incident he wag hit on the fare by the rar'c owner_ who ramp out of one of the car lots while Ray was placing the ticket on the car's dashboard. In another incident, he was trailed by a woman driver in her car for several blocks after Ray cited her for illegally parking in a handicapped stall. Through all of these incidents, Kay had maintained his calm, professional manner and quickly called Police for dbS.S1au( e. FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Personnel Director Nominated by: Signature: 12—) NC PersDept Form 2003 Date: � /a g/a 3 rriclanuttion WHEREAS, San Diego Ad Club's Hispanic Marketing Council have served as one of our county's leading advertising organizations for more than nine years; and WHEREAS, San Diego Ad Club's Hispanic Marketing Council promotes the growth and power of the San Diego/Tijuana Hispanic market; and WHEREAS, San Diego Ad Club's Hispanic Marketing Council advocates the sophistication and professionalism of local resources and opportunities to the business, government and educational sectors within the region; and 4 WHEREAS, San Diego Ad Club's Hispanic Marketing Council is to be viewed as " a resource for Hispanic advertising at the local/regional and national level; and Now, therefore, we the City Council of the City of National City, do hereby proclaim May 15th to be: "San Diego Ad Club's Hispanic Marketing Council Day in the City of National City. And call on all citizens to join with me in recognizing and commending the San Diego Ad Club's Hispanic Marketing Council, Executive Board and Staff for making a significant difference in the lives of our young people and our communit Ni k nzunza Mayor Kon Morrison Councilman Fran'+' ra Vice Mayor .r•--l•-•. y.. ig Fideles Ungab Councilman AI A fi r J.Ii 1 lfrnrlamatinu WHEREAS, Public work services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, The support of an understanding and informed citizenry is vital to the efficient operation of public works system such as water, sewer, streets and highways, public buildings, and solid waste collections; and WHEREAS, The health, safety and comfort of this community, greatly depends on these facilities and services; and WHEREAS, The quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependant upon these efforts and skill of public works officials; and WHEREAS, The efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the peoples attitudes and understanding of the importance of the work they perform. NOW THEREFORE, WE THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, do hereby proclaim the week of May 18-24, 2003 as: "NATIONAL PUBLIC WORKS WEEK" in the City of National City, and call upon all citizens and public organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributors which public works officially make everyday to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, we have hereunto set our hand and cause the Seal of the City of National City be affixed this 6`h day of May, 2003. ick Mayor Ron Morrison Luis Fideleli " Councilman Co nci an Councilman -riot ��( f•N if Y'�:y�(lV IEETING DATE May 20, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 1 ITEM TITLE PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICAITONS FACILITY AT THE THRIFTY -WASH LAUNDROMAT AT 2415 E. 18TH STREET, WITH A VARIANCE TO ALLOW CONSTRUCTION WITHIN THE REQUIRED FRONT AND SIDE YARD SETBACKS (AP ANT: CINGULAR WIRELESS) (CASE FILE NO. CUP-2002-13/Z-2003-3) PREPARED BY Roger Post, 36-4310 DEPARTMENT Planning EXPLANATION The City Council set this item for hearing at their April 15, 2003 meeting. At that time, concern was expressed about the condition of the property. The attached background report describes the proposal in detail. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit and Zone Variance. Vote: Ayes - Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Nays - ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution with findings and conditions for approval 3. Findings for denial A -too t9 94. Location Map/Site Photos/Photo Simulation Resolution No. 5. Wireless Facilities Map 6. Notice of Exemption 7. Depaitnient Comments 8. Applications and submittal materials 9. Applicant's Plans (Exhibit A 2nd Revision, 2/10/03) BACKGROUND REPORT The project site is at the northeast corner of E. 18' Street and Euclid Avenue, in the CL (Commercial Limited) zone. The 11,480 square foot property is developed with a one-story, 2,900 square foot building near the southwest corner, facing E. 18' Street. Most of the building is occupied by the Thrifty -Wash Laundromat and is in fair conditon. Behind the building to the north is a paved parking lot with about 20 spaces; nearby uses are mostly residential. Cingular Wireless is proposing to install a wireless communications facility at the site. It will consist of three operational light standards (light poles), three panel antennas and associated equipment. The light standards will be 28-feet tall and 8-inches wide, with a black finish. They are proposed to be located at the perimeter of the parking lot as described below: Pole 1: Proposed near the northwest corner of the parking lot. It will be about 14-feet from the front property line to the west, and roughly 6-feet from the side property line to the north. Pole 2: Proposed between the laundromat building and the parking lot, about 10-feet from the western property line and 60-feet south of standard number one. Pole 3: Also on the boundary between the parking lot and the laundromat building, approximately 60-feet east of standard number two. A Variance has been requested to allow pole number 1 to be located in the . mnt and side yard setbacks, and to allow pole number 2 to also be in the front yard setback. No Variances are needed for pole 3. Associated equipment will be placed inside a small, unoccupied storage room in the laundromat building. In order to keep the equipment area cool, two A/C units are proposed on the roof of the building; both are to be completely screened. The applicant indicates this site is needed to improve call capacity in the area. They also state that no potential co -location sites are available near the project area. Possible alternative locations are limited since the Land Use Code prohibits wireless facilities from locating in residential zones. The applicant's proposal is considered a stealth design, since the antennas will be completely concealed within the light poles. In addition, the new lights may increase security of the parking area, which currently lacks sufficient lighting. In order to approve the necessary variances (noted above), specific findings are required. The applicant has submitted a letter (attached) indicating a hardship exists at this site since there are no alternative locations and few feasible design alternatives that would be appropriate given the residential setting. The variances may also be justified since the proposed light standards will. provide a greater setback than the existing building on the property; a roughly ten -foot wide parkway should further buffer the poles from adjacent streets and properties. The Planning Commission held a public hearing on March 17. A local property owner expressed concern about the poor condition of the project site. Commissioners added a condition of approval requiring the applicant to paint and maintain the laundromat building and associated fencing. RESOLUTION NO. 8-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE THRIFTY -WASH LAUNDROMAT AT 2415 E. 18TH STREET, WITH A VARIANCE TO ALLOW CONSTRUCTION WITHIN THE REQUIRED FRONT AND SIDE YARD SETBACKS APPLICANT: CINGULAR WIRELESS CASE FILE NOS. CUP-2002-13/Z-2003-3 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility at the Thrifty -Wash Laundromat at 2415 E. 18th Street, with a Variance to allow construction within the required front and side yard setbacks at a duly advertised public hearing held on March 17, 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 Nos. CUP-2002-13 and Z-2003-3, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 17, 2003, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 11,500 square foot project site has sufficient area to locate the light poles and panel antennas, and the existing storage room in the laundromat building is large enough for the equipment necessary to operate the facility. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is served by Euclid Avenue and E. 18°i Street, and the wireless facility requires only one to two maintenance visits each month. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will assure that the proposed lighting will enhance safety and security at the poorly lit parking lot, and since conditions of approval require the lighting to be turned off when businesses in the laundromat building are closed. 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 communications network, resulting in enhanced service for its customers. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since Code restrictions on locating wireless facilities in residential areas, and the lack of sufficiently tall structuues in the area on which to place antennas, creates a difficulty for wireless providers to obtain necessary coverage. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which sir i property is situated, since the proposed light standards will maintain a setback similar to existing structures in the same zone; and since they are organized in such a way as to minimize potential conflicts with adjacent residences while providing security to the parking area; and since the Land Use Code requires outdoor lighting to be directed to only illuminate the premises upon which it is located. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the proposed wireless facility concealed in light standards is an accessory use of the site that is permitted with the requested CUP in the CL (Limited Commercial) zone. BE IT FURTHER RESOLVED that the applications for a Conditional Use Permit and Zone Variance are approved subject to the following conditions: 1. This Conditional Use Permit and Variance authorize the construction of a wireless communications facility at 2415 E. 18th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, 2nd Revision, Case File no. CUP-2002-13/Z-2003-3, dated February 10, 2003. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 2. Prior to the issuance of building permits, evidence shall be submitted to the Planning Department that the two parcels which comprise the project site have been legally merged (APNs 558-190-20 and 22). 3 3. All proposed rooftop mechanical equipment shall be completely screened in accordance with Land Use Code requirements. 4. Timers shall be installed to assure the lights only illuminate the parking lot during the hours of operation for businesses in the laundromat building. 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. The deteriorated portions of the street improvements (20' of sidewalk) along the property frontages shall be removed and replaced. 9. The existing drainage system on the property shall be cleaned out and repr'-ed as necessary. 10. Before this Conditional Use Permit and Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. nt. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 12. The applicant shall paint and maintain the laundromat building and all on -site fencing. Exterior walls of the building and fencing, 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 7, 2003, by the following vote: AYES: Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham. NAYS: ABSENT: Pruitt ABSTAIN: CHAIAN POSSIBLE FINDING FOR DENIAL OF THE CONDITIONAL USE PERMIT That the proposed use will have an adverse effect upon adjacent or abutting properties, since the proposed lighting will created unwanted illumination of adjacent residential properties, and new, 28-foot tall light standards will appear out of place in the relatively small parking lot. POSSIBLE FINDING FOR DENIAL OF THE ZONE VARIANCE There are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the light standards could be relocated outside the required setback areas, or alternative designs exist that would not generate the need for a variance. ®COOS Pt C L t 1 O 18B 3 ti' i 1a2 i to y co co Z. 00 / BCD CD \ i '-\\ THRIFTY -WASH PROPERTY RS-3-PD ZONE BOUNDARY 200 Faet N A LOCATION MAP C U P-2002-13/Z-2003-3 NATIONAL CITY PLANNING DRN DATE: 3/5/2003 INITIAL HEARING: 3/17/2003 r 4%, SITE PHOTOS Project site looking east across Euclid Avenue or, • - - • • • • • • • rr • Project site looking northeast from intersection of Euclid and E. 18' Street (P) antennas concealed within radomes on (P) light standards P) liotlares = (P)echar tcal:,scteen`; Photosimulation of proposed telecommunications site 9 (t location of one or more facilities in National City A, facilities In unincorporated area p pending approval City limit 2 Wireless Communications Facilities (45p National City Planning Dept. 5/8/03 Facility # APN Location Provider Applicant/Consultant Name Case File No. 1 562-340-44 2434 Southport Way Urban Community Radio, Inc. Urban Community Radio, Inc. CUP-1992-11 2 562-340-26 300 W 28th Street AirTouch Cellular AirTouch Cellular CDC Res. No. 94-28 75-foot monopole with three sector antennas and 450-sq foot equipment building. 3 556-471-24 801 National City Boulevard Nextel Communications Nextel Communications CUP-1994-8 4 559-032-02 1215 Wilson Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1995-11 Located on roof of existing building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 Plaza Boulevard PacificBell Mobile Services PacificBell Mobile Services CUP-1995-13 6 555-086-11 910 Hoover Avenue AirTouch Cellular AirTouch Cellular CUP-1995-18 Z-1996-1 L 556-471-24 801 National City Boulevard AT&T Wireless Services D. Garvey Corporation CUP-1996-2 L 554-120-25 2400 E 4th Street AT&T Wireless Services AT&T Wireless Services CUP-1996-4 L 559-160-13 1022 W 24th Street GTE Mobilnet GTE Mobilnet CUP-1996-5 CDP-1996-3 L 563-370-36 3007 Highland Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1996-6 L 564-471-01 3030 Plaza Bonita Road PacificBell Mobile Services PacificBell Mobile Services CUP-1996-7 L atop existing 554-050-12 303 Palm Avenue AirTouch Cellular AirTouch Cellular CUP-1996-8 6 556-471-24 801 National City Boulevard Paging Network (Pagenet) of LA, Inc. Paging Network of LA, Inc. CUP-1996-12 L on roof of 564-472-01 3030 Plaza Bonita Road Nextel Communications Nextel Communications CUP-1997-8 L atop 554-050-15 2005 E 4th Street GTE Wireless Lettieri-Mclntyre & Associates CUP-1998-4 in El Toyon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sq foot equipment building. 16 Located 557-420-27 1840 E 12th Street Nextel Communications Nextel Communications CUP-1999-4 lot. 17 18 6 60-foot monopalm on vacant commercial 556-471-24 801 National City Boulevard AT&T Wireless Services WFI CUP-1999-5 Red Lion Hotel. Wireless communication facili - four antennas and radio base s stem. Located ato 555-053-17 700 National City Boulevard Metricom, Inc. Metricom, Inc. CUP-2000-4 Holiday Inn. Wireless communication facility with equipment cabinet. 19 L Located atop 561-360-35 18th and Newell Street Sprint Tim Kolset, WFI CUP-2000-8 along with live palms. Located in Las Palmas Park. Monopalm and equipment 20 555-082-11 111 W 9th Street Sprint Tim Kolset, WFI CUP-2000-9 L 555-030-21 330 National City Boulevard GTE Wireless JM Consulting Group CUP-2000-11 L 564-250-50 2435 Sweetwater Road Sprint Tim Kolset, WFI CUP-2000-14 L at 554-120-24 2701 E 8th Street PacBell Krystal Patterson, PlanCom CUP-2000-19 L 554-120-18 2701 E 8th Street AT&T Wireless Services AT&T Wireless Services CUP-2000-24 L 562-330-43 152 W 33rd Street Sprint Connor, Riley and Associates CUP-2002-8 1 panel antennas 554-120-24 2701 E 8"'-Street Sprint Tim Kolset, WFI CUP-2000-27 L 555-053-17 700 National City Boulevard Skytel Corporation Moss & Associates, Inc. CUP-2000-30 Located atop Holiday Inn Hotel. Wireless communication facility- 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 28 559-040-53 1445 Tidelands Ave Nextel Communications, Inc. Nextel Communications, Inc. CUP-2000-31 40-foot with three sectors of four antennas each and equipment shelter. 29 monopalm 564-290-06 3300 block Cagle Street Sprint WFI CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent lighting for the park. 30 557-420-27 1905 E. Plaza Boulevard Sprint PCS WFI CUP-2001-3 5 559-106-17 525 W. 20th Street Sprint Gianni & Associates CUP-2001-4 Located on existing storage building. Wireless communication facility- 9 antennas and equipment building. 32 556-473-18 242 E. 8th Street AT&T FIXED Wireless CUP 2001 6 existing church. 33 Located atop an 554-050-12 303 Palm Avenue Sprint PCS Gianni & Associates CUP-2001-10 National Guard Armory property. PCS facility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 34 Located on 563-370-35 3007 Highland Avenue Nextel Communications, Inc. Nextel Communications, Inc. CUP-2001-12 Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 35 Located atop CUP-2002-2 556-590-61 1019 Highland Avenue Cingular Wireless PlanCom South Bay Plaza on an existing mechanical equipment screen. 36 Located atop 563-231-38 1914 Sweetwater Rd. Cingular Wireless PlanCom CUP-2002-3 75 foot tall sign for the Sweetwater Town and Country Shopping Center. 4 37p L Located on an existing pole 564-290-06 3737 Sweetwater Rd. Cingular Wireless PlanCom CUP 2002 standard equipment enclosure. 38p 7 72 foot tall monopine with CUP-2002-5 560-320-15 2100 Highland Avenue Cingular Wireless PlanCom 40 foot tall on a vacant lot with a standard equipment enclosure 6 39 A Approximately monopalm 556-101-15 241 National City Boulevard Cingular Wireless PlanCom CUP 2002 behind four new parapet walls atop an existing furniture store; four equipment cabinets outside 13 40p 12 panel antennas partial CUP 2002 558-200-24 2415 E. 18th Street Cingular Wireless PlanCom inside light standards; equipment located inside existing commercial building. Panel antennas located new 41 556-354-13 716 Highland Avenue AT&T Wireless Services Shelly Kilbourn Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. CUP-2002-14 42 563-010-47 2605 Highland Avenue Sprint Project Design Consultants Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. CUP-2002-18 43 554-050-15 2005 E. 4th Street Cingular Wireless Krystal Patterson 12 panel antennas on a replacement 100 foot light standard in El Toyon park and a 160 square foot equipment enclosure. CUP-2003-5 44p 556-590-61 1019 Highland Avenue Sprint PCS E3 Solutions 6 panel antennas in a new monument sign in the South Bay Plaza shopping center CUP-2002-24 45p 564-471-01 3030 Plaza Bonita Road Verizon Wireless 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall Whalen & Company, Inc. CUP-2003-13 1u 563-063-29 2563 Grove Street Monopole located aside live palm trees. P91-026W 2u 563-184-47 2909 Shelby Drive 75-foot monopole and equipment building. P95-025 3u 563-062-17 2524 Prospect Street AT&T Wireless Services 35-foot monopalm with three sector directional antenna system and equipment cabinets. AT&T Wireless Services ZAP99-028 4up 564-310-32 3312 Bonita Heights Lane AT&T Wireless Services 50-foot monopalm with four arrays of one antenna each and equipment cabinet. Gianni & Associates ZAP00-133 5up 563-063-29 2563 Grove Street AT&T Wireless Services Four antennas mounted on an existing 52-foot monopole with 162-sq foot equipment enclosure. Gianni & Associates MUP91-026W2 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Project Location: Contact Person: CUP-2002-13/Z-2003-2 Northeast corner of E. 18th Street and Euclid Avenue Charley Marchesano Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Cingular Wireless proposes to install three panel antennas, one in side each of three 28-foot tall light poles proposed in the Thrifty -Wash parking lot. Necessary equipment will be located in a storage room inside the laundromat building. Applicant Name and Address: Cingular Wireless 6170 Cornerstone Court, Ste. 180 San Diego, CA 92121 Exempt Status: ❑ Statutory Exemption. Telephone Number: (858) 642-9441 Categorical Exemption. Section 15303, Class 3(e) New Construction or Conversion of Small Structures. ❑ Not a project as defined in Section 15378 of CEQA [1 Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The project involves the installation of a small wireless communications facility on a roughly 11,500 square foot site. The new construction is clearly accessory, since it will result in three new light standards designed to illuminate an existing parking lot. The proposed small addition take place entirely within a developed property in an urban area. Date: Charley Marchesano Assistant Planner Recycled Paper City of National City Department of Public Works NATIONAL CITY 1243 National City Blvd., National City, CA 91950 PLPaNI ItIO Eigi)AR r+ .`IT (619) 336-4580 (619) 336-4380 Fax (619i336-4397 May 29, 2002 ENGINEERING REQUIREMENTS FOR •WIRELESS COMMUNICATIONS FACILITY AT 2415 E. 18TH STREET To: Charley Marchesano, Planning Department From: Adam J. Landa, Engineering Depaitiuent Via: Stephen M. Kirkpatrick, Assistant Public Works Director/Engineering Subject: WIRELESS COMMUNICATIONS FACILITY AT 241s E. 18TH STREET 1. The deteriorated portions of the existing street improvements (20' of sidewalk) along the property frontages shall be removed and replaced. 2. The existing drainage system on the property shall be cleaned out and repaired as necessary. ALjha2 2415 Recycled Paper NATIONAL CITY, CALIFORNIA APPLICATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 LE,�AL�ESC,Cl PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number CI )P- 2032 -l3 Filing Fee $ //325 Receipt No.-2/' 1 �6 Date Received-05/0 2. By E.A.F. Required — Fee $ Related Cases PTION OF PROPERTY: (A_tach if insufficient space) r'en crn-h PROPERTY LOCATION 2 No. Street between \ ► \MCA -A —On and C( 3e COMBINED GENERAL PLAN/ZONING DESIGNATION Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 - REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: .ke.le_ct.n^n()non i t l4 Dad 'e' u r c . PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: a�., \C Name: Signature } X L Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 2- 4 t 13 C - SInvi-- Address: NoAvo 1cal CA kLI CP- 1qC Phone No. 21 } -(1514a) Phone No. Fax No. Fax No. Date: Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 i APPLICANT Name: A0u6 of We. (Please typ&'or print) t Signature: Sc i )0 (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: LC C10 bine-r6,< + OW 1 Phone No.1(O ` I '✓ U Fax No. Date: (0o Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of, the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Cory: 'itional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number -6 - - Filing Fee $ 5Q Receipt No. ' i Date Received Z/llO f' E.A.F. Required Fee $ Related Cases CA"( P IS SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) See Attached Sheet PROPERTY LOCATION 2415 E. 18th Street between Euclid and No. Lanoitan Street COMBINED GENERAL PLAN/ZONING DESIGNATION CL - Limited Comercial Zone Variance Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section number to use the above described property for the following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): The proposed variance is to encroach in the 25 foot setback that is required for this zone, only if located adjacent to residential development. Cingular Wireless is proposing to locate two new light standards with antennas for wireless communication withInthe side setbacks. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Robert Frtek Name: Signature See Attached LOA Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 2415 E. 18th St. National City, CA 91.950 Address: Phone No. 8 5 8- 2 7 7- 6 4 0 0 Phone No. Fax No. Fax No. Date: 2 / 6 / 0 3 Date: Zone Variance Application Revised December, 1998 Page 2 of 4 APPLICANT Name: Cngular Wireless (Please type or print) Signature: C to cert' flea that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 6170 Cornerstone Court, Suite 180 San Diego, CA 92121 Attn: Shelly Kilbourn Phone No. 619-223-1357 Fax No. 760-735-4913 Date: 2/6/03 Zone Variance Application Revised December, 1998 Page 3 of 4 ZONE VARIANCE JUSTIFICATION Before granting any zone variance, the decision making body is required by law to make a written finding of facts that the below conditions apply. Any evidence you desire to submit substantiating these may be attached. California Government Code Section 65906 - variance from zoning ordinances Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, tdpography, location or surroundings, the strict application of the zoning ordinance deprives such property owner of privileges enjoyed by other property owners in the vicinity and under identical zoning classifications. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property. Zone Variance Application Revised December, 1998 Page 4 of 4 Legal Description for 2415 E. 18tb Street Lot G in Block 8 of Lincoln Acres Orchard Subdivision in the Cit of National City, County of San Diego, State of California, according to Map No. 1785 thereof, filed in the Office of the County Recorder of San Diego County, California on March 6 1924. That Portion of Lot "F" of Block 8 of Lincoln Acres Orchard Subdivision in the City of National City according to map thereof No. 1785 recorded on March 5, 1924 in the office of the Recorder of San Diego County, State of California. c I f ,.r U wtn Date: April 9, 2002 Site# SD-671-03 To Whom It May Concern, Re: Letter of Authorization to pursue communications facility at I, 44ar I 1 , the owner/agent of the below described property, do hereby appoint Cingular Wireless (CW) my agent for the purpose of consummating any application necessary to ensure their ability to use the property for which Cingular Wireless is negotiating a lease for the purpose of constructing a wireless telecommunications facility. I undersfnd that this application may be denied, modified, or approved with conditions . nd that such conditions or modifications must be complied with prior to issuance of building permits. Property Address: 2417 E. 18t" Street, National City, CA 91950 Assessor's Parcel Number: 558-190-20-00 By: Si . nature Date rint Name & Title FROM LAWYERS TITLE (TUE) 4.23'02 13:4/ST. 13:39/NO. 4261679379 P 2 e JL•xi✓ - 3 `lJ Older No. e Ma ' nettle. astardiol Dequeated lar= WN NNEdOlti PAAIL TO: IroNM ' Omit mos ON DM), CA 32178 0 •23D6 Is INNIS Want t lit pis LEy okc MAC. Aa0VI TOO LIN/ FCC CNCOAOIa9 VOM MAIL TAX STATEMENTS TO: saes as above 020I111TMY moire TAx r -0- «V NwllMrNa+" Or wNS At InrrN eOe.eol* OR h.w.M on MO INNS Ire Itw ar wcunMrwt *in et GRANT DEED 25it11 553-190-06 FOR A VALUABLE CONSIDERATION, receipt of which It hereby IClntowided, HAIM N. KRICK, a widow hr.bY GRANTS) to 871NDI N. NRTQ, as Trusts*, or it>a BtIDassoor Trustee, Is*%e a DIClaratioln of Trust dated le:Neiber 16, 1988, or any ... ..nel1tX emirotof wherein NAM N. NNW is 431E Meter. the INN propety in the City of paticin _ City County of son pieBp Detail , Stets of C,Iifemis, de,oeibed a IX "G" in Block 8 of IACRES Cif .9fo1Visirs, t in the City of City, Canty of San Dia9O, State of California, accardirg to b N • 1785 thereof, filed in the Office of the County ile0onier of San gimp County, California, an Month 6, 1924. : the Past 40 feet 6 inches thereof. Property location: LBth Street National City, CA tl0oeo eat lc, 1983 O OUuroswnasu+ hinge it On____ Dl taisc er 16. 1988 Wbn n,. the undonAginnsl, a N.IM' Mlle In end INS saki 9t.to, pig, eonW rho o ad NAM A- sewn pnywNy loecen to ow ler Drered to mo on the bode of rfldMrl asldr,osl lobo the owomla AVM rematl idws aaac+wad No as wee ar tOnent- ..wp+ d a, MP that bvltheteeY saw V,.ee,t. wmwalw esdrrd ff. IIws Mae no Per OttoW nesaldl owl/ MAIL TAx STATEMENTS AS OfFECTE0 MOVE Description: San Diego,CA Document-Year.DocID 1928.612225 Page: Order: Items Comment: 1 of 1 i002 44ia0) i PLAN co V Z Telecommunications Project Management February 4, 2003 Mr. Charley Marchesano CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 9191950 Re: Cingular Wireless Conditional Use Permit No. 2002-13 Thrifty Wash — Second Resubmittal Dear Mr. Marchesano: Enclosed for your review are revised drawings for the proposed Cingular Wireless site located at 2415 E. 18th Street. The drawings have been revised to address the issues identified in your letter dated January 16, 2003. In addition, we have enclosed a request for a variance from the 25-foot side setback. Variance As you are aware, Cingular Wireless has several existing and proposed sites within the City of National City. Until recently, most of the Cingular sites have been located within the central commercial areas. However, as the demand for wireless service has increased, so has the required coverage area. Customers are now using their wireless telephones more frequently and are demanding seamless service, which includes the residential areas. Since the City of National City does not permit wireless antenna facilities in residential areas, wireless service providers have had to find ways to provide service to these areas from the surrounding commercial properties. The Thrifty Wash site located at 2415 E. 18th Street is intended to provide service to the surrounding commercial and residential area. The proposed side setback variance is necessary to locate the proposed light standards in a manner that does not impact either existing parking or the vehicle drive aisle. Due to the size of the property, the limited area that does not fall within the setback, parking or drive aisle there is little space for locating any additional structure on the property. We believe that the proposed variance will allow wireless service within a mixed commercial and residential area that currently has limited service, without creating any negative impact to the surrounding properties. Additionally, by allowing the proposed light standards to be located on the property, much needed lighting will be provided on site. It is also important to note that light standards without antennas would have to be located within the setback, due to the limited space and large setbacks that apply to this property. 302 State Place Escondido, CA 92029 619-208-4685 mobile 760-735-4913 fax PLAN cow U Z Telecommunications Project Management We believe that we have addressed your previous concerns and provided all of the requested information. Therefore, we respectfully request that this item be scheduled for the March 3, 2003 Planning Commission hearing. If you have any questions or need additional information, please do not hesitate to contact me directly at (619) 223-1357. Sincerely, Shelly A. Contractor Representative for Cingular Wireless 302 State Place Escondido, CA 92029 619-208-4685 mobile 760-735-4913 fax Coverage Legend: Strong Moderate roposed Coy PLAN CO z Telecommunications Project Management May 8, 2002 SD-671-03 Sent Via Hand Delivery City of National City Planning Department 1243 National City Boulevard National City, CA 91950 RE: Cingular Wireless proposed project Thrifty Wash, 2415 E. 18th Street Please find attached an application for a minor telecommunication facility for Cingular Wireless. The proposed project is located at 2415 E. 18th Street. The project consists of three panel antennas facade mounted to three new 28'-0" light standards. The project will also support an equipment room located within the existing building. With the stealth design this project would not be out of scale or character with the existing development in the area. Please review the attached drawings and provide us with some feedback on the viability of this design. Photosimulations have been provided for your use. If you should have any questions or additional comments, please contact me at (760) 715-8703. PlanCom, Inc. Contractor Representative for Cingular Wireless 19);(t Krystal Patterson 302 STATE PLACE ESCONDIDO, CA 92029 760-715-8703 760-735-491.3 FAX cingular WIRELESS PROJECT DESCRIPTION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD-671-03 Thrifty Wash 2415 E. 18th Street National City, CA 91950 Prepared for: City of National City Department of Planning 1243 National City Boulevard National City, CA 91950 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-8703 Contact: Krystal Patterson, Planning Consultant May 8, 2002 Project Description (SD-671-03) Page 1 5/8/2002 cingular WIRELESS INTRODUCTION angular Wireless (CW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. CW is a registered public utility and is developing an all -digital wireless network throughout California and Nevada. In March of 1995, CW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, CW formally unveiled its San Diego PCS Market to officially launch the first PCS service to the residents of the State of California. Since the initial market launch of CW's "Pure Digital PCS" network, design engineers at CW have had the opportunity to assess network performance and quality vis-a-vis real market data and conditions. At present, CW is experiencing both capacity and coverage deficiencies in the vicinity of the subject site. In an effort to respond to these network needs and to ensure customer satisfaction, CW is seeking approval from the City of National City for a new site at Thrifty Wash. BACKGROUND PCS is a rapidly evolving digital technology that is changing the future of telecommunications through easy -to -use, lightweight, and highly mobile communications devices including: portable phones, pagers, computers, and personal digital assistants. PCS provides voice and data capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by CW differs from typical cellular networks in that it uses state of the art digital technology versus traditional analog cellular systems, which have been in use since the early 1980's. The benefits include an eight -fold increase in channel capacity, call privacy and security, improved voice call quality and an expanded menu of affordably priced products and services for personal and professional communications needs. The PCS network is designed for much broader consumer application. In addition to providing users with the convenience and benefit of "virtual office" capabilities, PCS will serve to enhance personal safety and security. With the PCS network in place, individuals will have the ability to communicate during emergency situations and/or when circumstances preclude them from utilizing a conventional landline telephone. The wireless industry has undergone tremendous growth worldwide. Studies indicate that by the end of 1999 there will be over 122 million wireless subscribers in over 125 countries throughout the world, and that by 2003 nearly one out of every two individuals in the United States will be utilizing some form of wireless device. Project Description (SD-671-03) Page 2 5/8/2002 ,172 ,t .. CInguIS WIREaSr SITE CHARACTERISTICS The proposed property is located at 2415 E. 18th Street just east of Highway 805. The underlying zoning of the proposed site is CL (Limited Commercial). Currently the sites use is Thrifty Wash a Laundromat. The area surrounding the proposed project consists of the following: North: Residential South: Residential East: Residential West: Residential PROJECT OVERVIEW Cingular Wireless is proposing to construct, operate, and maintain a telecommunication facility. The project will consist of three (3) panel antennas fagade mounted to three new 28 -0 light standards. Please see the enclosed site pIF elevations, and photosimulations for more detail. Please see me site plan for a more detailed representation of the antenna location. The supporting equipment will consist of the following: four (4) self-contained, all- weather Base Transceiver Station (BTS) cabinets, one (1) electric meter panel, and on (1) telephone interface. Each of the BTS units will contain the electronic equipmen necessary to operate the facility. The equipment will be located within the existin building. The specific location and design of the proposed facility is illustrated in furthe detail on the site plan and elevation drawings. OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS The proposed communications facility will transmit at a frequency range of betwee 1850 MHz and 2100 MHz. The power required to operate the facility typically does no exceed 200 watts per channel, and thus, the CW facility is by design a low-powe system. Depending upon characteristics of the site, the actual power requirements ma be reduced. When operational, the transmitted signals from the site will consist of non ionizing waves generated at less than one (1) microwatt per square centimeter, which i significantly lower than the FCC standard for continuous public exposure of 90 microwatts per square centimeter. Project Description (SD-671-03) _ . Page 3 5/8/2002 X cingular WIRELESS Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a CW technician on an as -needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION CW engineering, planning, and leasing staff have been working to improve, enhance, and expand the Pure Digital PCS network throughout the County of San Diego as well as to other underserved regions of southern California. Like existing cellular systems, PCS will employ a network of transmit/receive stations ('cell -sites') that carry and "hand-off" signals as the user moves from one area to another. As the user moves from one cell area (the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between cell areas. The network of PCS cell sites throughout the region is "locational dependent", meaning that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the PCS network. PROJECT JUSTIFICATION As noted, Cingular Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the State's Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network. throughout California and parts of Nevada. CW engineers responsible for the overall design and operation of this new PCS network want to ensure that network coverage is available throughout the County of San Diego. The proposed site location is essential to meeting the network's current capacity and coverage needs in this area. At present, there is very little or no PCS network coverage to the roadways and homes located in this portion of the County of San Diego. The proposed facility is intended to address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to CW customers. Project Description (SD-671-03) 5/8/2002 Page 4 cinguN asr- PLANNING/ZONING CONSISTENCY The location, size, design, and operating characteristics of the proposed communications facility will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity. The following supports this determination: 1. The equipment associated with the communication structure operates quietly or virtually noise free. 2. The equipment does not emit fumes, smoke, dust, or odors that could be considered objectionable. 3. The communications facility is unmanned and only requires periodic maintenance, which equates to approximately one vehicle trip per month. Further, the proposed communications facility will not result in conditions or circumstances contrary to the public health, safety and welfare, in that: 1. The proposed PCS communications facility will operate in full compliance wit the U.S. standards for radio frequency emissions as adopted by the FCC. 2. The radio frequency emissions emitted by the proposed PCS facility will fal within the portion of the electromagnetic spectrum, which transmits non ionizing radio waves. Non -ionizing electromagnetic emissions, at the to levels associated with this type of wireless technology, are not harmful t living cells. Among the items that result in non -ionizing electromagneti emissions are police/fire/EMS radios, television broadcasts, CB radio microwave ovens, and a variety of common household electronics includin garage door openers and baby monitors. Conversely, items that transmi ionizing electromagnetic emissions include ultra -violet light, medical x-ray and gamma rays. 3. Data currently available on the effects of electromagnetic transmissions o public health indicate that there is not the likelihood of negative impacts t public health and safety. Project Description (SD-671-03) Page 5 5/8/2002 cinguREla WILESSr,' SITE JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITIES SD-671-03 Thrifty Wash 2415 E. 18t' Street National City, CA 91950 Prepared for: City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Prepared by: Cingular Wireless 6170 Cornerstone Ct., Suite 180 San Diego, CA 92121 April 26, 2002 Site Justification (SD-671-03) Page 1 cingular- WIRELESS BACKGROUND Cingular Wireless was established in 1994 as Pacific Bell Mobile Services, the wireless subsidiary of Pacific Bell. In 2001, Pacific Bell Wireless changed its marketing name to Cingular Wireless, taking advantage of the national wireless footprint of SBC and Bell South. Cingular is a public utility and has been continuously developing an all -digital wireless network throughout California and Nevada. In March of 1995, Cingular was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, Cingular formally unveiled its San Diego PCS Service. Since that time, the services have included basic wireless phone service as well as wireless data and Internet capabilities. SITING JUSTIFICATION Since the initial market launch of the "Pure Digital PCS" network, radio frequency engineers at Cingular have had the opportunity to assess network performance and quality vis-a-vis real market data and conditions. At pres it, Cingular is experiencing both poor network coverage as well as call capacity deficiencies throughout the City of National City. In an effort to respond to these network needs and to ensure customer satisfaction, Cingular is seeking approval from the City of National City to install a new PCS wireless communications facility at 2415 E. 18' Street (Thrifty Wash). The proposed facility is primarily designed to improve network coverage quality and call capacity in the vicinity of Euclid Ave. and 18th Street. The attached radio frequency coverage exhibits illustrate the existing coverage condition as well as the predicted coverage from the proposed facility. Secondarily, the site will alleviate "call blocking" by increasing network capacity for Cingular subscribers in the general area. Site blocking occurs when all available call channels at a particular PCS antenna site are in use, thus, blocking other users from making a desired call. Because sites have a finite call capacity, the only way to provide additional call channels in an area is to add a new PCS antenna site. The proposed site is intentionally designed to be low in order to contain the signal in th desired coverage area to maximize network capacity objectives. Site Justification (SD-671-03) Page 2 cingular=M WIRELESS OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to Cingular for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facility typically does not exceed 200 watts per channel, and thus, the Cingular facility is by design a low -power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non -ionizing waves generated. Most Cingular PCS facilities typically generate less than one (1) microwatt per square centimeter, significantly lower than the FCC standard for continuous public exposure of 900 microwatts per square centimeter. Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a Cingular technician on an as -needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, Cingular typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION Cingular engineering, planning and leasing staff have been working to improve, enhance and expand the Pure Digital PCS network throughout the City of National City based upon subscriber complaints and known weak coverage areas. Like cellular systems, PCS employs a network of transmit/receive stations ("cell -sites") that carry and "hand-off" signals as the user moves from one area to another. As the user moves from one cell area (the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between cell areas. The network of PCS cell sites throughout the region is "locational dependent", measuring that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the PCS network. Site Justification (SD-67 -03) Page 3 cingular,. WIRELESS Moreover, limitations on network site capacity caused by tremendous subscriber growth have created the need to plan new PCS antenna sites in high call traffic areas to reduce call blocking/system busy signals. SITES CONSIDERED SD-671-03 Euclid South Search Ring Search Ring Goal: To provide additional network capacity and improve network coverage quality in the southeastern portion of the City of National City along Euclid Ave. and 18' Street. The engineering objective is to better serve the business, commuter and residential subscribers in this terrain challenged portion of the City. Two alternative sites were considered in the development of the above search ring. The first site considered was a retail commercial center (Grove Plaza) located at 2240 E. Plaza Blvd. However, it was determined that the site is situated too low to provide coverage to the south and, thus, would not sufficiently p. ipagate the radio signal effectively to the primary coverage objective. For this reason the radio engineer rejected this candidate. A second alternative site considered was the Calvary Baptist Church located at 2432 E. 18' Street. This site was dropped from further consideration due to the fact that it is zoned residential, in which wireless facilities are not permitted uses. No Co -Location opportunities were identified in the development of this search ring in the immediate vicinity of E. 18' Street and Euclid Ave. CONCLUSION The proposed site is designed for increased network call capacity and designed in the area best suited to alleviate network blocking/congestion from surrounding Cingular antenna sites. Equally important is the improved signal reception in the general vicinity. Cingular feels that the facility as proposed meets both of these important technical siting objectives. NETWORK MAP -SEE ATTACHED FCC LICENSE -SEE ATTACHED GEOGRAPHIC AREA CONSIDERED FOR POTENTIAL SITES -SEE ATTACHED Site Justification (SD-671-03) Page 4 cinguI'a? WIRELESS PHOTO STUDY PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD-671-03 Thrifty Wash 2415 E. 18th Street National City, CA 91950 Prepared for: City of National City Department of Planning 1243 National City Boulevard National City, CA 91950 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 Contact: Krystal Patterson, Planning Consultant (760) 715-8703 May 8, 2002 Photo Study (SD-671-03) Page 1 5/8/2002 cingular WIRELESS Looking at Building South Elevation Looking at East Building Elevation SD-671-03 Thrifty Wash Page 1 o ngu ar WIRELESS Looking at Building West Elevation Vas (PWZ,:VrvW .1. -:c :A,:At«- , .« ,<: iMM Wgr Looking at Building North Elevation and Location of Interior Equipment Room SD-671-03 Thrifty Wash Page 2 cinguiar WIRELESS View of Proposed Parking Lot Light Standards — Looking West Across Euclid -a,,Z , ,SZO.. � , ,,5,7,730117zEYMI-, , SW.. ,, . EM.. Looking West from proposed project SD-671-03 Thrifty Wash Page 3 cingularWIR� Looking South from proposed project Looking East toward proposed project SD-671-03 Thrifty Wash Page 4 ongu ar WIRELESS Looking North from proposed project zmr.: M.NN1u.K9F%i/nb: 0.`fit`SS Ii}pX k IY�tltYriW'JtrS£i..Y.C.ssmaR :?!i1%,,,Mer,,?itEM A/Vier,@:S'+� MMV, Looking at Subject Property from Across Intersection SD-671-03 Thrifty Wash Page 5 A City of National City, California COUNCIL AGENDA STATEMENT ,FETING DATE May 20, 2003 AGENDA ITEM NO. 2 ITTITLE PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT PAT & OSCAR'S RESTAURANT AT PLAZA BONITA (APPLICANT: PAT & OSCAR'S) (CASE FILE NO.: CUP-2003-6)3- PREPARED BY Roger Post; 336-4310 DEPARTMENT Planning EXPLANATION The Council set this item for hearing at the April 15 meeting and discussed the potential for patrons in the outdoor dining area to pass beverages to minors outside the restaurant. The attached background report describes the proposal in detail. Environmental Review X N/t+Categorical Exemption ,,-- Financial Statement Approved By: N/A Finance Director Account No. > STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the application. Vote: Ayes — Carillo, Saludares, Flores, Baca, Martinelli, Reynolds, Graham > Nays — Alvarado Absent — Pruitt ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 4. Location Map 8. Citizen Comments 2. Planning Commission Resolution with 5. Site photos 9. Application findings and conditions for approval 6. Proposed Exemption 10.Applicant's Plans _ J rolice into and comments BACKGROUND REPORT The project location is the existing Pat & Oscar's restaurant at Plaza Bonita, in the CSC-P I) Commercial Shopping Center — Planned Development zone. The restaurant is at the east entrance t ) the main mall building, and it faces single-family homes in Bonita across the parking lot. The 4,50 ) square foot restaurant includes 112 indoor seats and 80 seats outdoors in a covered patio area. The applicant proposes to sell beer and wine in the existing restaurant; no new construction is propose Sales would take place during regular store hours, which are no longer than 10:00 a.m. to 10:00 p. The applicant expects alcohol sales to comprise less than one percent of total sales. The California Department of Alcoholic Beverage Control (ABC) was contacted regarding e applicant's background; they stated that the business is family -oriented and has a history of complianc Attached statistical information from the Police Department shows that this location is in a high cri e area, although a large portion of the crime is related to vehicle thefts or vehicle break-ins at the mall. The Police Department indicated no comment as long as conditions of approval are met. At the Planning Commission public hearing on the item, Commissioners discussed the location of .e patio adjacent to a heavily -trafficked mall entrance, and the potential for someon to pass a bevera_e from the patio area to someone outside the restaurant. An enclosed patio was :,uggested, but t e applicant rejected the idea since it would effectively eliminate the outdoor seating atmosphere. 0 person spoke in opposition to the item since children frequent the area, and a second speaker provided a handout (attached) and asked that stricter conditions of approval be applied to the business. Tie Commission voted to approve the item with a requirement for employee training regarding service )f alcohol. Standard conditions were also included requiring signage stating beer and wine must e consumed at the restaurant or patio, along with verification that sales of food exceed sales of alcohol. While not a standard condition, the Council in certain previous cases has included a condition stag g that there shall be no sale of alcohol without the sale of food. This could be added if desired. The attached Planning Commission resolution includes possible findings and conditions for approv Possible findings for denial are also attached. e RESOLUTION NO. 7-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT PAT & OSCAR'S RESTAURANT AT PLAZA BONITA APPLICANT: PAT & OSCAR'S CASE FILE NO. CUP-2003-6 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at Pat & Oscar's restaurant at Plaza Bonita at a duly advertised public hearing held on March 17, 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-2003-6, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 17, 2003, support the following findings. 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in an existing restaurant and requires no additional construction. 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 proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since the addition of alcohol sales at an existing restaurant is not expected to increase the amount of traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other businesses; and since it will be located approximately 500 feet from the nearest residential properties and will be subject to conditions that limit the sale of alcohol, restrict the hours that it will be available, and ensure that it remains accessory to the sale of food. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide opportunities to consume beverages that are often requested by consumers in a family restaurant setting. 3. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 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 incidental sale of beer and wine in a restaurant at 3030 Plaza Bonita Road, Suite 1106, as shown on the attached plans (Exhibit A, case file no. CUP-2003-6, dated 2/18/2003). 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. 4. Signs shall be posted in the patio dining area indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 5. 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. 6. 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 alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 7. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all othe commodities during the same period. The applicant shall at all times keep records which reflec separately the gross sales of alcoholic beverages and the gross sales of all other items. Sai records shall be kept no less frequently than on a quarterly basis and shall be made available t the City Finance Department and any Peace Officer of the California Department of Alcoholi Beverage Control upon demand. 8. With the annual renewal of the City business license, the business proprietor shall submit statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized t examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All informatio i obtained by an investigation of records shall remain confidential. 9. No coin operated amusement devices shall be operated on the licensed premises. 10. Before this Conditional Use Permit shall become effective, the applicant and the property own 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. Fail e 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 's recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 11. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 12. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 13. Restaurant employees shall complete training regarding the service of alcohol before serving any beer or wine. This shall include either Responsible Beverage Server (RBS) training provided by the Responsible Health Coalition, Licensee Education on Alcohol and Drugs (LEAD) training provided by the California Department of Alcoholic Beverage Control, (ABC) or similar instruction provided by qualified individuals and recognized by ABC. Documentation regarding completion of such training shall be kept on the premises and made available to any Planning Department employee upon request. 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 7, 2003, by the following vote: AYES: Carrillo, Saludares, Flores, Baca, Martinelli, Reynolds, Graham NAYS: Alvarado ABSENT: Pruitt ABSTAIN: CHAIRMAN 4� POSSIBLE FINDINGS FOR DENIAL 1. That the proposed use will have an adverse effect on adjacent or abutting properties, since the us may contribute to increased crime in an area with high crime, and since there is potential fo patrons dining in the patio area to hand beverages to persons outside the restaurant. 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the area is already served by businesses at the mall which offer beer and wine for sale restaurant. 3. That public convenience and necessity is not served by a proposed use of the property for th retail sales of alcoholic beverages pursuant to law. 3030 PLAZA BONITA ROAD, SUITE 1106 SITE PHOTOS City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2003-6 Project Location: 3030 Plaza Bonita Road, Suite 1106 Contact Person: Jon Cain Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: The proposed Conditional Use Permit would allow for the accessory sale of beer and wine in an existing Pat & Oscar's restaurant. Applicant Name and Address: FFPE dba Pat & Oscar's 10679 Westview Parkway San Diego, CA 92126 Exempt Status: ❑ Statutory Exemption. Categorical Exemption. Class 1, Section 15301 (Existing Facilities) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Telephone Number: (858) 695-8500 Reasons why project is exempt: This proposal will allow the accessory sale of beer and wine in an existing restaurant. This is a negligible expansion of the use with no construction involved. There is no potential for the use to adversely impact the environment. Date: Jon Cain Associate Planner �i Recvcled Paper Police Beat Boundary Reporting District Boundary \ I U.0 nit ites CITY OF NATIONAL CITY ABC REPORT JANUARY 2002- DECEMBER 2002 PART I CRIME & PART II ARREST REPORT RD 238 TOTAL CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 0 ROBBERY 12 AGGRAVATED ASSAULT 6 BURGLARY 20 LARCENY 227 MOTOR VEHICLE THEFT 75 ARSON 0 TOTAL PART I CRIMES 340 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 2 OTHER PART II CRIMES 12 CHILD & FAMILY 2 DEADLY WEAPONS 1 EMBEZZLEMENT 4 FRAUD 1 GAMBLING 0 MALICIOUS MISCHIEF 0 NARCOTICS 5 SEX CRIMES 1 FORGERY 1 OTHER NON -CRIMINAL 3 TOTAL PART II ARRESTS 32 REPORTING DISTRICT TOTAL = PART I CRIME + PART II ARREST 372 REPORTING DISTRICT AVERAGE (AGENCY/39 REPORTING DISTRICTS) 145.2 AGENCY WIDE TOTAL = PART I CRIME + PART II ARREST 5,661 REPORTING DISTRICT TOTAL AS % OF REPORTING DISTRICT AVERAGE 256.2 * 120% & ABOVE IS CONSIDERED HIGH CRIME AREA 3/5/03 NCPD CRIME ANALYSIS City o National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR February 20, 2003 TO: POLICE DEPARTMENT FROM: PLANNING DEPARTMENT SUBJECT: Case File No: CUP-2003-6 for the sale of beer and wine at Pat & Oscar's Restaurant 3030 Plaza Bonita Road, Suite 1106. at This Conditional Use Permit has been submitted for Planning Commission consideration. It requests the sale of beer and wine for on -site consumption at the Pat & Oscar's Restaurant in the Plaza Bonita Shopping Center. Please review the attached conditions which have been applied to similar applications and let us know if you recommend any changes or additional restrictions. If you have no further recommendations and agree :he attached conditions should be required please check the box and sign below, and return this notice and the attached application materials. Please submit your comments or recommendations on the proposed project by March 3, 2003. If you have any questions, please contact me at 336-4310. Thank you. JON CAIN Associate Planner No comments ✓, Cl ° j7/ %f d <t1S j lGE p�1 ® Recycled Paper National City Alcohol Tobacco & Other Drug Prevention Task Force City of National City Planning Commission Meeting March 17, 2003 Recommendation: To amend and add conditions to the proposed condition use permit (CUP-2003-6) Specific Recommended Conditions: 1) To amend condition #3 to restrict hours of sale from 1 lam-8pm instead of l0am- 10pm. 2) To add a condition to the CUP which restricts alcohol to be consumed inside the dining area only. 3) To amend condition #4 to support that signs acknowledge alcohol is to be consumed in the restaurant only and not to be taken off -premises or patio area. Also have an additional signage requirement to mandate signs at each register giving notice of ID/Age requirements to purchase alcohol. 4) To amend conditions #7 to set a specific limit on % of alcohol sales as compared to food/total sales. 5) To add a condition to the CUP which disallows self-service displays of alcohol products. 6) To add condition to the CUP which identifies the process in which alcohol is to be served. 7) To add a condition to the CUP which requires that all servers have certification or training to sell alcoholic beverages. Concerns/Questions: We would like to ensure that alcoholic beverages are served responsibly as to disallow accessibility of alcohol to minors. Are happy hours going to be promoted? What types of beer and wines will be sold? Which employees will be allowed to sell alcohol? How will they be trained? APPL CATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit NATIONAL CITY, CALIFORNIA Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ Date Received E.A.F. Required Related Cases Cud/2 034 6? Receipt No.3//6i/f7 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) sort % 0 cs); a bon Sho flog Ce rnie i r1 -1-hig (� r--1Pr), i OL)L7k) �it�.�� � n o- 0,011- 0r•(/.. t. O c O c) rd i t'l l, -1L-h i o3? -7 -Pi l,P.d v file n i r(c. �+ 19 PROPERTY LOCATION 030 \ Ct ZCL 71 1 140— C -C No. Street between aOkei t,0 V___CO and r a_ COMBINED GENERAL PLAN/ZONING DESIGNATION CQ -)v1- e 1106 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: 0 Sd rid .A)1 r e 1 n A 0 0 +ro I Ie_ ilk CK.-.17 Less th ti l °ID c-7- 5nles PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name:���. C? =z i�� �. L�0(1r, Name: Signature �` Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 31730 � Q9 4 n i o v a Address: IIOCo Gl CD - Phone No. Ca_5`o� pis " i"3 6-b0 Fax No. Date: Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: O J� C (Please type or print) Signature: \ 42_, (Signature certifies iat the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: ) 00 q -P Sill I. -P LJ %t k' (C A 1 c/a- 9 21 f�iC , ► 1 irl3 add reaS Phone No. Fax No. Date: Li9 0 6'0o ) 5060- N Z 1 (�iZ1✓f/V L®irrU a/z_ - r`SS�66c93 Y75 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate,in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit pre^nted to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these, findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 VVI. Memo Westfiek[ SHOPPINOTOWN PLAZA BONITA 3030 Plaza Bonita Road 62075 National City, CA 91950 Telephone (619) 267-2B50 Facsimile (619) 472-5652 DATE: February 18, 2003 TO: The City Of National City FROM: Cindy Kellems, General Ma SUBJECT: Pat & Oscar's Please be advised that Pat & Oscar's is applying for a Conditional Use Permit for beer and wine and has the consent of the Landlord, Westfield 3hoppingtown Plaza Bonita. Please contact me at (619) 267-2850 with any questions. Thanks. VIA FACSIMILE (619) 336-4321 February 21, 2003 John Cain City of National City 1243 National City Boulevard National City, CA 91950-4397 Re: Conditional Use Permit Pat & Oscar's Westfield Shoppingtown Plaza Bonita National City, California Dear John: Westfield Corporation, Inc. 11601 Wilshire Boulevard 12th Floor Los Angeles, CA 90025-1748 Telephone (310) 478-4456 Facsimile (310) 478-1267 By this letter we hereby acknowledge and approve of our tenant, Pat & Oscars, obtaining a Conditional Use Permit for the on premises sell of beer and wine at Westfield Shoppingtown Plaza Bonita. Should you have any questions, please give me a call. Sincerely, Jo f'i M. Healy Vice President Development JMH:ai N:\_developers\jhealy\BON\Pat & Oscars\John Cain, City of National City, Feb 21, 2003.doc MAR-17-2003 11:281 WESTFIELD PARKWAY 619 579 128L "r . eye HANDOUT ITEM NO. 5 March 17, 2003 March 14, 2003 snorPlNGrown PARKWAY 415 Parkway Plaza El Non, CA 92020.2571 s i.phanu 1819) 679.9822 FFahnlle 1619) 679-12130 To Whom It May Concern: This letter is in reference to the request for Pat & Oscar's location at Westfield ShoppingTown Plaza Bonita to serve beer and wine. Please be advised that Pat & Oscar's is also located at Westfield ShoppingTown Parkway and has a similar layout and patio to the one at Plaza Bonita. The store has been in operation since 1998, serving beer and wine, without any complaints or issues with parents or juveniles. We also have a Rubio's restaurant that .:?s serves beer and wine; again, there have been no issues with alcohol falling into the hands of minors. Our experience has been of customers enjoying a drink with their dinners and restricting their consumption to less then two drinks with their meals. While the concern for alcohol being available to minors is valid, it has not been an issue. Pat & Oscar's is a well - managed operation with family values. I am confident they can do the same at Plaza Bonita. Sincerely, Scot Turcott:e General Manager Westfield ShoppingTown Parkway TOTAL_ P.02 VJ/1//LUVJ 1J.1V FAA HANDOUT ITEM NO. 5 March 17, 2003 March 17, 2003 $HOPPINGTOWN PLAZA BONITA 3030 Plaza Bonita Road, Suite 2075 National City. CA 91950-8007 Telephone 1619) 267-2850 Facsimile f6191 472-5652 City of National City Planning Department 1243 National City Blvd. National City, CA 91950 To the National City Planning Commission, It is my understanding Pat & Oscars restaurant here at Plaza Bonita is applying for a CUP for beer and wine. Please be advised that we at Westfield Shoppingtown Plaza Bonita do not oppose this request. This is a family -oriented restaurant that is well managed and fully understands the consequences of minors obtaining alcohol. I am also forwarding a letter from the manager of Westfield Shoppingtown Parkway, which has had Pat & Oscar's restaurant for numerous years. As indicated in his letter, they have had no issues. I am confident that the same will occur here as well. Also, please be ziware that there are far fewer teens "hanging " out at the mall entrance areas. Since the theaters closed in 1999, the amount of teens in this area has reduced dramatically. Our average consumer us a 35 year old female. This area is primarily used by those waiting for special buses (handicap individuals) or employees taking breaks. Again, I am confident that the Pat & Oscars management team can responsibly supervise the distribution of any beer and wine. Thank you for your consideration. Sin Cin.y K_,T s, General Manager Westfield Shoppingtown Plaza Bonita g 0 UL PARE xG 3Rsp IP SI elf 7, 1e EXISTING MALL TRASH AREA TRASH AREA NOT ENCLOSED PROPOSED PAT & OSCAR'S RESTAURANT 4500 SF T.I. WITH 1138 SF OUTDOOR PATIO 4,358 PARKING SPACES PROPOSED UNDERGROUND GREASE INTERCEPTOR FLITITRE ®UPT.SSTORE MO LOT IS Q LL PARKING 311sp v.. n fW PC5 WIPMENT P EXISTING SHOPPING CENTER SITE PLAN NOTE: FOR REFERENCE ONLY. Om 7477 7.7717 -® -® a W-MNE TJ. DMn1 snm en sk n.�i� m n •y t >r aewae SD1 le fak EMU 4416iliiJiil GENERAL NOTES RNaLL.v.troOzholikire I a 27.6%wmm 4 cT.anuSa A6MT .. •YL TP SANITATION NOTES RESTROOM HANDICAPPED NOTES na�$ I5 VATIM O' MISCELLANEOUS NOTES HEALTH DEPARTIUENT-NOTES .1111,0 oE.n..m„P,54.aaI�".w'LRa E, LDaa .S,n SSE F.°w1R5°V"�w' vv9un.o srsm5 To 05 AT,.oao ,P No. S.. E. ,ttnmmuxln IA aNISNJxvroLnq xuuvYa ,ancv M[Memk'nakillrm5, 11 var A�5Fa1L EUEALAL gWCCRWUS REPLOYCE SIRDCNS JAOTAR {LOU P. M ROOM FINISH SCHEDULE TL COOED WARE? FLASHING a CEILING ',hot PWErS GRCP ME Yx-Ix LODGER ImS.MAYINO/ SCULLERY RNN aznE0005 RlOm0DN5 OWING AREA MI, 11LE DOOR CARPS/ r conD2 TWSET e CGnO LOAAR, TILE GWRAIM TILE CARPET 1UCW EN8055E0 AOM fT 516\wu1 45N1x0 MSMn15/ FAP ITERIAL5 r-DAR P1XE15 PM'4S OW CMO. A01E5 S DRYWALLYx p NSTER EALS C4GSM! N- 41WOM. '" XAB�ONT—IN—WLM. A4D ox-Aa AefYt. oq SELWN, RNOYS x/PX )/1R.LWEFOn. WL PPI� TI£ 00101.I 050M IllER S u PPEPMP CI IT OR IEAY fEIEUREI. f itala E�LVEG of lI �u,ar " FryPRf N�11 ENpS�I6 ED EESYL�PIE E M1" NROXVINiAI MfAL1M INROVA� SPAPPE'Y"`"557555 N..R Y5 w,RE,.. City of National City, California COUNCIL AGENDA STATEMENT *Refer to Item #9 iEETING DATE May 20, 2003 AGENDA ITEM NO. ITEM TITLE A PUBLIC HEARING TO CONSIDER A RATE INCREASE REQUEST FOR EDCO DISPOSAL CORPORATION PREPARED BY Jeff Servatius DEPARTMENT Public Works 336-4580 EXPLANATION See attached report. Environmental Review X N/A i Financial Statement seceved By; The rate increase will fall on all recipients of the trash proposed P Finance Director A Franchise Fee of 9% will be paid to the City. Account No. > STAFF RECOMMENDATION Hold the hearing. I BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Below) Resolution No. 1. EDCO letter dated May 7, 2003 2. Caporicci & Larson letter dated April 22, 2003 200 i9 99 ) REFUSE RATE RECOMMENDATION FOR FY-04 Basis: The establishment of the rates for trash service is based upon estimated quantities of various components, landfill and yardwaste quantities, recyclables sold and consumer price index (CPI) as related to the cost/price of such components. For the Rate Review, the actual performance for 9 months (July -March) is escalated to 12 months, and the actual total costs/price of budget items is determined, and is compared to budgeted amounts. Overcollection/undercollection by EDCO occurs unless our estimates are uncannily exact. Overcol lection/undercollection: For the fiscal year 2003, we used the anticipated rate of $33.35 per ton in the rate calculations. This rate was available to us because of a contract with the Regional Solid Waste Authority (RSWA). During fiscal year 2003, the curbside recycling programs, yardwaste and single stream netted $20,000+ over our projections. We hauled 770 tons more trash than estirr^ted, resulting in a undercollection of $39,000+. This gave us a total of $19,000± undercollected that is owed to EDCO. Fiscal Year 2004 Rate Factors: We anticipate the Tip Fee Rate for fiscal year 2004 will increase to $34.55 per ton. We also calculate the trash tonnage hauled to remain at the fiscal year 2003 level and we project a $0.60 per ton increase for yardwaste recycling. EDCO is owed the $19,000+ from the undercollection, in addition by contract EDCO is entitled to last year's CPI increase of 3.6%, which they deferred from 7/1/02 to 7/1/03 (to ease the rates). EDCO is also entitled to this year's CPI of 4%. Again to ease the rates for the customers, EDCO is offering to defer last year's 3.6% CPI increase until 7/1/04 but will collect this year's 4%. The Refuse Enterprise Fund was established in fiscal year 1998 to fund AB939 requirements such as hazardous waste disposal, purchasing trash containers for the right-of-way and its primary purpose to help absorb undercollection, that is to stabilize the rate. We will begin fiscal year 2004 with approximately $350,000 in this Fund/Reserve. With our current reserve, the contractor's contribution to the Enterprise Fund which can go up to $150,000 can remain at $50,000 without compromising our ability to pay for AB939 requirements. With the reduced contribution we anticipate an ending Fund balance of $300,000+ for fiscal year 2004. Recommendations: • The Refuse Enterprise Fund for fiscal year 2004 remain at $50,000 • The contractor receive this year's 4% CPI increase and the City accept the EDCO's offer to again defer last year's 3.6% CPI increase • The City Franchise Fee remain at 9% • Increase the single family residential from $14.83 per month to $15.33 per month. Senior residential from $11.86 to $12.26 per month. Commercial/Industrial for one time a week pick-up of a 3 cubic yard bin to increase from $89.67 per month to $92.78 per month, with added collections per week being increased at the same percentage rate. Multi -Family assessed per unit recycling fee be increased from $0.81 to $ 0.84 per month, and the Silver Bags be raised from $1.97 to $2.04 per bag. Subscript It should be noted that if approved, the single family rate history will be as follows; FY-97 $14.36 FY-98 $13.95 FY-99 $13.95 FY-00 $13.95 FY-01 $13.95 FY-02 $14.83 FY-03 $14.83 Proposed for FY-04 $15.33 Future: It should be noted that preliminary review of pertinent factors indicate a fiscal year 2005 rate increase for single family in the range of $0.70 to $1.00 per month, with corresponding increase in other EDCO services. 6670 Federal Boulevard, Lemon Grove, California 91945 May 7, 2003 City of National City 1243 National Avenue National City, California 92050 [619) 287-7555 1 Fax: (619) 287-5242 Honorable Mayor and Members of the City Council: The Refuse Collection and Recycling Agreement between the City of National City and EDCO Disposal Corporation provides for certain periodic rate adjustments. The contract allows for a pass through of changes in the disposal site fee and annual adjustments by the amount of the local consumer price index. As a member of the Regional Solid Waste Association (RSWA), National City has benefited from two years without an increase in the tipping fee. RSWA staff has approved 7 3.6% increase in the tipping fee to $34.55 effective July 1, 2003. EDCO is again pleased to defer an increase in rates related to cost of living increases in operating expenses for this year. Based on city staff direction, the Trash Enterprise Fund contribution will be the maintained for the coming year. EDCO continues to offer a 20% discount for senior citizens in National City. As in prior years, EDCO's requests for rate increases have been subjected to independent review by an auditing firm of the City's choice. The report from Capporici & Larson supports our rate proposal. Please approve the attached rate schedule to be effective July 1, 2003. As always, thank you for your consideration. Respectfully, EDCO Disposal Corporation John Snyder General Manager www.edcodisposal.com A WASTE COLLECTION AND RECYCLING COMPANY _ Printed an Recycled Paper NATIONAL CITY RATE SCHEDULE July av 2063 RUBBISH AND GARBAGE 1. RESIDENTIAL Per month residential single family properties For the second and for each additional residential unit in multiple dwellings which do not exceed four units CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $14.83 $11.60 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $10.26 3. APARTMENT HOUSES One time per week, per unit, per month $10.42 4. SENIOR CITIZEN RESIDENTIAL Per month S. SILVER BAG SERVICE Per month 6. coCoMMERCIAL AND II4DUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 00 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) eo gallon automated cart One time per weak, per month $1186 $1.97 $16. $31.57 $15.33 $12.09 $10.60 $10.77 $12.26 $2.04 $17.55 $32.66 $40.57 $41.0 NATIONAL_ CFfY RATE SCHEDULE Jully 9, 2003 RUBBISH AND GARBAGE Up to (8) 40 gallon containers Or (4) 90 gallon automated can $g0.15 $51.89 One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart i65 50 $67.77 One time per week. per month Additional or unusual accumulation $16 96 $17.55 of rubbish (per cubic yard) CURRENT PROPOSED MONTHLY MONTHLY BOA TYPE REFUSE SERVICE RATE RATE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 1 13 $89,67 $92.78 2 1 26 $151.37 $158.62 3 1 39 $213 07 $220.46 4 1 52 $276.58 $286.18 5 1 85 $349.10 $351.89 6 1 78 $403.61 $417.61 7 1 91 $467.12 5483.33 1 2 26 5153.18 $158.50 2 2 52 $274.77 $284.30 3 2 78 $396.36 $410.10 4 2 1Q4 $51$.12 $534.02 5 2 130 $635 89 $657.94 6 2 i58 $755.66 $781.87 7 2 182 $875.42 $906.78 1 3 39 $216.70 5224.21 2 3 78 $394.54 S408.23 3 3 117 S572.38 5592.23 4 3 156 $748.40 $774.35 5 3 195 $924.43 $956.49 6 5 234 $1,109.45 61,135.61 7 3 273 $1,276 47 $1.320.74 CURRENT PROPOSED MONTHLY MONTHLY RATE RATE NATIONAL CITY RATE SCHEDULE July 1, 2003 CURRENT PROPOSED MONTHLY MONTHLY ROX TYPE REFUSE SERVICE RATE RATE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 4 52 $280.21 $289.93 2 4 104 $514.30 3532.14 3 4 156 $748.40 $774.35 4 4 208 $980.67 $1,014.69 5 4 260 $1,212.95 $1,255.02 6 4 312 $1,445.23 $1,495.36 7 4 364 $1.677.51 $1,735.69 1 5 65 $343.72 $355.65 2 5 130 $634.08 $856.07 3 5 195 $924.43 $956.49 4 5 260 51,205.70 51,247.51 5 5 325 31,486.97 61,538.54 6 5 390 $1.7613.24 $1.829.57 7 5 4 5 $2,049.52 $2,120 61 6 78 $407.24 $421.36 2 6 156 $753.85 $779.99 3 6 234 $1,100.45 $1,128.61 4 6 392 $1,436.16 51,485,97 5 6 390 $1771.88 61,833,33 6 6 468 $2,107.58 $2,180.68 7 6 546 $2,443.30 $2.528.04 City of National City National City, California Report on Agreed -Upon Procedures Applied to EDCO Disposal Corporation For The Fiscal Year 2003 - 2004 CL Caporicci & Larson Certified Public Accountants EDCO DISPOSAL CORPORATION TABLE OF CON TENTS Page Independent Auditors' Report on Applying Agreed -Upon Procedures 1 Exhibit A — Agreed -Upon Procedures 2 i C&L Caporicci & Larson Certified Public Accountants (Formerly Calderon, Jaham & Osborn of San Diego) INDEPENDENT AUDITORS' REPORT ON APPLYING AGREED -UPON PROCEDURES To the City Council of the City of National City National City, California We have performed the agreed -upon procedures enumerated in Exhibit A which were agreed to by the City of National City and EDCO Disposal Corporation ("EDCO") (collectively, "the Specified Parties"), solely to assist you and EDCO with respect to evaluating components of the fiscal year 2003 — 2004 Refuse Rate Analysis for the City of National City. We have applied the procedures documented in Exhibit A to this report in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of the user of this report. Consequently, we make no representation regarding the sufficiency of the procedures described in Exhibit A, either for the purpose for which this report has been requested or for any other purpose. We were not engaged to, and did not perform an audit, the objective of which would be to express an opinion on the information referred to above. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the use of the City of National City and should not be used by those who have not agreed to the procedures and taken responsibility for the sufficiency of the procedures for their purposes. April 22, 2003 Ph: (619) 234-5137 Fax: (619) 234-5162 Toll Free Ph: (877) 862-2200 Toll Free Fax: (866) 436-0927 Oakland Orange County Sacramento San Diego 180 Grand Ave., Suite 1365 3184-D Airway Avenue 777 Campus Commons Rd., Suite 200 600'B" Street, Suite 1900 Oakland, California 94612 Costa Mesa, California 92626 Sacramento, California 95825 _ San Diego, California 92101 EDCO DISPOSAL CORPORATION AGREED -UPON PROCEDURES EXHIBIT A The procedures we performed, which relate primarily to the City of National City's fiscal year 2003-2004 Refuse Rate Analysis, are summarized as follows: 1. Requested EDCO's internally prepared financial statements for the eight months ended January 31, 2003, and the audited financial statements for the year ended May 31, 2002. 2. Agreed the fiscal 2003 refuse rate from EDCO's prior year's calculation to the refuse rate used in EDCO's fiscal 2004 refuse rate calculation proposal provided on April 1, 2003. 3. Obtained information from the U.S. Department of Labor — Bureau of Labor Statistics and agree such information to the amount used in the Consumer Price Index ("CPI") adjustment in the fiscal 2004 refuse rate calculi `ion provided in EDCO's proposal provided on April 1, 2003. 4. Proved the mathematical accuracy of franchise fees due to National City for the period from April 1, 2002 to March 31, 2003, to ascertain that they were calculated based on 9% of cash collected as reported in EDCO's underlying financial records. 5. Reviewed the franchise fee remittances made to National City by EDCO for the period from April 1, 2002 to March 31, 2003 to ascertain that they were made on a monthly basis and agreed remittances reported to remittances received by the City of National City. 6. Agreed the San Diego County estimated landfill tip fee projected in the FY03-04 rate review process to the Agreement for Transfer and Disposal Services between Regional Solid Waste Association and EDCO Disposal Corporation. 7. Agreed the actual tons of refuse collected to two haphazardly selected days in the period from July 1, 2002 to March 31, 2003 to EDCO's supporting landfill tickets. 8. Proved the mathematical accuracy of the difference between the actual annualized revenues from EDCO's sale of recyclables and EDCO's projected revenues from the sale of recyclables used in the fiscal 2002 refuse rate. 2 EDCO DISPOSAL CORPORATION AGREED -UPON PROCEDURES EXHIBIT A, Continued 9. Agreed total tons of recyclable materials collected to underlying accounting records for two randomly selected months. From the underlying records provided by EDCO, randomly selected five daily recyclable totals and agreed those totals to supporting work tickets. Compared actual recycling rates to three randomly selected recycling receipts. 10. Proved the mathematical accuracy of EDCO's proposed effect of franchise fees on the fiscal 2004 refuse rate in the proposal provided on April 1, 2003. 11. Proved the mathematical accuracy of the percentage effect of the yard waste disposal fee change on the fiscal 2004 refuse rate contained in EDCO's proposal provided on April 1, 2003. 12. Agreed the 2004 coverage levels of insurance in force to the insureL.ce provider's certificate of insurance to ascertain that such coverage was in compliance with contractual requirements. 3 lEETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 20, 2003 AGENDA ITEM NO. 4 ITEM TITLE HOLD A PUBLIC HEARING ON EXPANDING AND/OR DECREASING THE RESIDENTIAL PERMIT PARKING DISTRICT "A" LOCATED ON "A", "B", "C", "D" AVENUES AND 22"d STREET (COUNCILMAN MORRISON) PREPARED BY Adam Landa DEPARTMENT 336-4580 Public Works/Engineering EXPLANATION At the City Council meeting of April 15, 2003, the City Council reviewed the results of the residential survey for Parking District "A". Based upon the results of the survey, Councilman Morrison recommended that a public hearing be held to discuss Residential Permit Parking District "A". Some of the suggestions that they raised were that the district be expanded on "B" Avenue and "C" Avenue from 20th Street to 22nd Street. They would like to see the five days 7:00 am to 7:00 pm expanded to a seven day parking limitation. They also stated that the parking district's signs be removed from 22"d Street, except for one house which fronts on this street. The following is a summary of the results of the City Council requested parking district survey that was conducted in March and April of this year. The survey showed that a majority of the apartment residents would like the district's signs (see exhibit "A") removed from 22"d Street. In addition, the residents of "B" Avenue between 21st Street and 22nd Street (see exhibit "B") desire to be part of the parking district. This area meets the City Council's policy that a minimum of 60% of the resider; approve the parking district between intersections. The other areas did not meet the policy requirements of 60%. Environmental Review X N/A (-Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Hold the Public Hearing and direct staff to remove and/or expand the Residential Permit Parking District "A". BOARD / COMMISSION RECOMMENDATION N/A >ATTACHMENTS ( Listed Below j Resolution No. 1. Exhibit "A" 2. Exhibit "B" 3. Council Agenda Report of April 15, 2003 A -zoo ie 99, i PARKINQ DISTRICT SIGNS \" ON 22ND Sr. APTS A prs NG vIsnuc IA" ADJUSTMENT A?Ts ��_J Exiillirr ?Ant ' 1943 2005 2015 2025 2031 2107 2113 2119 2125 2131 2137 1933 1941 4 YES (40%) 6 YES (75X) YES 2112 2126 2132 2107 YES 2113 YES 2119 YES 2125 YES ,5 2138 2137 THIS AREA MAY BE ADDED SINCE IT MEETS THE CITY COUNCIL PARKING DISTRICT POLICY 1934 1936 940 4 YES (40%) 1931 11935 2011 NO 2015 NO 2025 NO* 4 YES (50%) 0 YES 2106 2107N0 ,N NO 4112 NO 120 YES 2126 2119 YES 2125 NO 2130 21.31 LS 2138 2137 S _ NO RESPONSE 1936 HESE AwAs DO Gg47 EET 7WE 60% RE IDENTS ._ NIMUM_..REQUIREMENT SET FORTH BY THE CITY COUNCIL PARKING DISTRICT POLICY 2004 'I I 2020 2026 j 21041 2112 2120 2124 2130 2140 2007 2009 2015 2017 1 2019 12035 2037 2039 1 2049- 47 F, HIBJT 0 N fit ' of NatECmaD COUNCIL AGEN i s Cc? 61i'iAGnia A STATEMENT 'EYING ®ARE April 15, 2003 AGENDA VIER& NO. REPORT OF THE RESULTS OF RESIDENTIAL PARKING DISTRICT "A" SURVEY PREPARED' 8Y Adam J. Landa EXPL [[TO 336-4380 DEPARTMENT T Public Works/Engineering See attached Explanation. Ct.al CR NIA 1.1Finacrtcia Statement N/A RY£aEr " RE.CO ANL Staff recommends ex. z-. T ng th pa ik district (See Exhibit "B"), it meets the requirements of the Ci BOA N/A Kr 1. Exhibit "A" 2. Exhibit "B" 3. Copies of Survey Letters ed By; Finance Director venue .etween 21st and 22nd Streets uncil's Parking District Policy. R e3 iu.ri on NFL.. • 4. Copy of March 18, 2003, City Council Agenda EXPLANATION: The City has conducted a survey of Residential Parking District "A" to assist the City Council on implementing modifications to the existing and proposed parking district expansion. The City Council on March 18, 2003, was informed that the surveys was being distributed to obtain their opinions. These surveys have been returned with their requests. The results are as follow: 1. Existing Parking District Residents desires: A. 3 Residents requested that the hours changed to 9:00 am to 5:00 pm on 22nd Street. B. 8 Residents requested the signs on 22nd Street be removed. C. 28 Residents requested to expand the district. D. 7 Residents requested that the district remain the same. Conclusions and comments: The existing parking district residents seem to approve the District expansion and are requesting that the parking limitation signs be removed from 22nd Street. 46 out of the 77 surveys that were sent out responded (59.7% responded). 2. Proposed Parking District Expansion Residents desires: A. 2 Residents requested that the hours be changed to 9:00 am to 5:00 pm on 22nd Street. B. 16 Residents requested the signs on 22nd Street be removed. C. 20 Residents requested that the district be expanded. D. 8 Residents requested not to be part of the district. Conclusions and Comments: Some of the proposed Parking District expansion residents seem to approve the district expansion and would like the parking limitations signs be removed from 22nd Street. 46 out of the 92 Surveys that were sent out responded (50% responded). 3. Apartments Residents Desires: A. 26 Residents requested that the hours be changed to 9:00 am to 5:00 pm on 22nd Street. B. 48 Residents requested signs on 22nd Street be removed. Conclusions and Comments: The apartments residents are requesting that the parking limitations signs be removed from 22nd Street. 74 out of the 120 surveys that were sent out respond' (61.6% responded). 4. Overall Conclusions: The City Council may consider to modify the existing parking district based on the results : 1. Based upon the majority of apartment residents that responded that the signs on 22nd Street be removed, but that doesn't seem to be supported by the residents that actually have the signs infront of their homes. 2. The Council's Policy requires that each block be looked at individually and that at least 60% of the residents responding desire a parking district be established. Based upon this criteria only "B" Avenue between 21 st and 22nd Street should be added to the parking district and it is recommended that this street be added. KISTINQ STREET LU LU LL1 z STREET • ES RES ES kE ARKINODISTRICT ON 22ND Sr Aprs Aprs DISTRICT "A" AP/US-Nar Aprs LU z LJ EXHIBIT "A" 1937 I. a) 1943 N 1940 1: 2005 2015 2025 2031 0 2107 12113 2119 • 2125 12131 1934 YES 11933 1 1941 4 YES (40%) YES 2004 2014 NO 2010 NO 2020 NO * 2032 ,c2 NO 2k401 1934 1936 1940 4 YES (40%) 11931 11935 11 NO ati 2021 NO * 2029-33 2031 YES 2035 YES 2039 YES 20101 N0*20201 YES 2028 20361 NO 20321 YES 2042 6 YES (75%) • F-- CN NO I 2107 YES YES 2112 NO* 21a 2126 2132 2113 YES 2119 YES 2125 YES cA 2131 4 YES (50%) YES 2106 NO 4112 NO * z120 YES 2126 2130 1 12137 2138 2137 2138 THIS AREA MAY BE ADDED SINCE IT MEETS THE CITY COUNCIL PARKING DISTRICT POLICY 2011 NO* 2015 NO 2025 NO* YES NO 1 1 rn r--- 0 1 0 V) 1 N) N00 2107 2113'' ; 2119 YES 2125 NO 2131 ) • 2137 I 1936 HESE 1.61W.AS DO 1.1/Tg'47 EET THE 60Z RESIDENTS NIMILIPEREQUIREMENT SET FORTH BY THE CITY COUNCIL PARKING 121STIUCT____E9LICY 2004 2020 2026 1 2040 0 re) 2104. REIEIT NO * = RESPONSE 2112 2120 2124 2130 2140 1Y,5,5 ; 2007 12009 2015 2017 2019 2035 12037 2039 12049-47 EXHIBIT 9/B 95 ' 0 City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: March 13, 2003 Resident/Owner RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. It has also been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and there will be a $10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by Apat4 2 3. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. if you have any questions, please call Adam J. Landa at 619/336-4380. Prep Adam J. da' Assistant ° ivil Engineer Approved by: Stephen M trkpatrick Assistant D ector of Public Works/ Engineering C ECK APPLICAI:.LE A. [ ] 1 would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. 1?. [ ] I would like the permit parking signs removed from 22nd Street. C. [ ] I would like the permit parking district expanded as shown on the attached map. D. I J I would like the permit parking district to remain as it is. Signature b Resident/Property Owner Print Name Alan Date Address ICI City of National City Department of Public Works 1243 National City Blvd,, National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: 13 de Marzo de 2003 Residentes/Duenos RE: RESIDENb'IAL PERMIT PARKING DISTRICT "A" SURVEY Querido Residentes/Duenos: Se le a pedido a la Ciudad que cualquiera de las dos , ya sea las horas de estacionamiento el la Calle 22 en el "Residential Permit Parking District "A"", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten. Tambien se ha pedido a la Ciudad por algunos residentes de la area que se extienda el "Permit Parking District" como se demuestra en el mapa adjunto. La Ciudad de National City esta haciendo un encuesta para determinar si los duenos y los residentes de la area decean hacer los ajustes al "Permit Parking District". Si el districto se Ilegara a extender, solamente se le dara permisos a los resid.en ,- que vivan en el districto y se cobrara $10.00 anuales por el permiso. Por favor indique sus elections al final de esta carta, firmela y regresela antes del 4 deAbril 2003. Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor llame al Sr. Adam Landa al telefono 619/336-4380. Prepa . , o 3 or. __ /2 Approvedo por: Adam J. La Assistant Civil Engineer l Stephen M.(irkpatrick Assistant Director of Public Works/ Engineering INDIQUE SU ELECCIN A. [ ] Yo quisiera que las horas de estacionamiento se cambiaran de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm" en la Calle 22. B. [] Yo quisiera que los letreros del "Permit Parking" se quitaran de la Calle 22. C. [ ] Yo quisiera que el "Permit Parking District" se extienda como to demuestra el mapa adjunto. e., D. [ ] Yo quisiera que el "Permit Parking District" se quedara como esta. f inna del kcsidente/Duero Letra de Moldc ;v.:,aes Fecha Domicilho z El <1.1 p n PROPOSE'D CgA ___1 z LU ZL z CV_ I ri OR REMOVE ?AV. FROM "7:00 AM ro TO "9010 AM TO 5:00 • E 'ARKThK DISTRICT SIGNS ON 22ND S-r ICT L LU LU z LU A" I \ 1 City of National City Department of Public Works 1 243 National City Blvd,, National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: March 13, 2003 Resident/Owner RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. It has also been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and th-,e will be a $10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by .Apri14. 2_003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Pre amJ.L Assistant Ci l Engineer Ca ECK APPLICABLE A. [ ] B. [] C. D. [] Ll Approved by: Stephen M. . irkpatrick Assistant W` ector of Public Works/ Engineering 1 want the permit parking district expanded. 1 would like the parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. 1 would like the permit parking signs removed from 22nd Street I do not want to be added to the Parking District. Signature of Resident/Property Owner Date Print Name ni.al Address rt Ru CVClcd Paper 11 Fecha: 13 City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 de Marzo de 2003 Residentes/Duen s RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Atencion: Residentes/Duenos: Algunos residentes de la area han pedido a la Ciudad que el "Permit Parking District" se extienda como to demuestra el mapa adjunto. Tambien se le a pedido que cualquiera de las dos, ya sea las horas de estacionamiento en la Calle 22 en el "Residential Permit Parking District "A", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten . La Ciudad de National City esta haciendo una encuesta para determinar si los duef s y los residentes de la area desean hacer los ajustes al "Permit Parking District". Si el districto se llegara a extender, solamento se le dara permisos a los residentes que vivan en el districto y se cobrara $10.00 anuales por el permiso. Por favor indique sus elecciones al final de esta carta, firrnela y regresela antes del 4 de Abril 2003.. Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor Ilame al Sr. Adam Landa al telefono 6 9/336-4380. Prep Adam J. Landa Assistant Civit'Engineer Approvado sor: 7l Stephen M rkpatrick Assistant ► rector of Public Works/ Engineering INDIQUE SU ELECCION A. [ j Yo quisiera que se extendiera el districto. B. [j Yo quisiera que las horas de estacionamiento se cambiaran de "7:00 am to 7:00 pm" a 9:00 am to 5:00 pm. en la calle 22. C. [ j Yo quisiera que los letreros de "Permit Parking" se quitaran de la Calle 22. D. [ j Yo no quiero que se me incluya en el "Parking District." Firma t1eTResident 71)ue de Propiedad Letia de 1V1olde hecha D Triicilio 1 z- U U z -BALL BALL BALL '..I . s�,` .w►4Vi•4•.4. �+��`+•V.., • `:,sV •,,,d►ils.4p 4Cf.0.I .. 4.� ����,��/ 0 ,ire s Awy r•At„,4•++ �.3. "274 4*'4 •44441t41 141 4 4 ,.---. •444, „4*0'4.4 . `1 of -• �s�,*'I.�, , ;NOI�OIs►#n,i3O�wO,Oi Ili sVs►,. »�,�wi�s+ d �sVw +40. COI C�� sV44,Oj, Airr RrAr R..IP PRwwosw'D ciia E PROM7:00 AM Torte,. TO "9:Op AM To 5:00 RM' OR REMOVE E PARK/hi DISTRICT SIGNS ON 22NV ST. U z At Ts APTs AfTs PARKIN DIsY2IcT 1A" ADJUSTMENT ICY rA" /3 City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: March 13, 2003 Resident RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" Dear Resident: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determined if area property owners and residents desire such an adjustment of the Permit Parking District. Please mark your choices at the bottom of this letter and return it to us by ApriL4, 2003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Prepay b Adam J. Land Assistant Civil' Engineer Approved by: Stephen M. irkpatrick Assistant D ector of PublicWorks/ Engineering CHECK APPLICAtT, LE A. H I would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. B. [ 1 1 would like the permit parking signs removed from 22nd Street. C. [1 I would like the permit parking district to remain as it is. Signature of-Resident/Property Owner Print Name ill Date Address } City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: 13 de Marzo de 2003 Residente RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Querido Residente : Se le a pedido a la Ciudad que cualquiera de las dos, ya sea las horas de estacionamiento en la Calle 22 en el "Residential Permit Parking District "A", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten. La Ciudad de National City esta haciendo una encuesta para determinar si los duenos y los residentes de la area decean hacer los ajustes al "Permit Parking District". Por favor indique sus elecciones al final de esta carta, iinnela y regresela antes del 4 de Abril 2443. Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor llame al Sr. Adam Landa al 619/336-4380. Prep r d Adam J. da Assistan civil Engineer Approvado por: Stephen irkpatrick Assistant rector of Public Works! Engineering IN IQUE SU ELECCIGIN A. [ ] Yo quisiera que las horas de estacionamiento se cambiaran de de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm" en la Calle 22. Yo quisiera que los letreros de "Permit Parking" se quitaran de la Calle 22. [I C. [ ] Yo quisiera que el "Permit Parking District" se quedara como esta. FirMa dcl Residcntc/Duen cde Propiedad Fecha Letra de Molde Domici v .)ples 15 WALL BALL COMM. PROP. BALL BALL BALL RES. RES BALL Li z Li BALL BALL 1 BALL ! BALL PROPOSED Ci-MN z El z 71 Li m OR REMOVE aOth 21st El: Li Li El STREET r " as ahn TO "9:0,0 AM TO 5:00 E PARKINQ DISTRICT SIGNS ON 22ND sr. Li El z LJ STREET f=) --- Aprs Aprs PARKI DISTRICi "A°° ADJUSTMENT Aprs El CS4y. of Hatio6''aii City, CaWeenie ._.. COU C L AGENDA STATEMENT EEit RNG 6iam March 18. 2003 GEN A fl-ERA NO. NTEQdQ T QTLE STATUS REPORT REGARDING RESIDENTIAL PERMIT PARKING DISTRICT "A" PREPARED Y Stephen Kirkpatrick 336-4580 ES'Ai';TENT Public Works/Engineering 11 It has been requested that the City of National City consider expanding/contracting Residential Permit EXPLANATION Parking District A. It has also been requested that the permitted parking hours on 22"d Street within District "A" be altered. A survey has been distributed to area residents to gather their opinions about the proposed changes. It is hoped that the results of the survey will assist the City Council in making decisions regarding any changes to be implemented. Attached are copies of the three survey letters that have been sent out. Each letter is intended for a specific area in the overall area for which changes are proposed in accordance with Council direction at the last Public Hearing held on this issue. One letter is for property owners and residents within the current permit parking district, another is for the apartment residents that live immediately adjacent to the district, and the third is for residents in the proposed expanded parking district. Each letter is printed in English on one side and Spanish on the other. The survey letters request a response be returned to the City Public Works Department by April 4, 2003. The results will be compiled and a staff recommendation outlining any proposed changes will be brought back to City Council on April 15th for consideration. If at the April 15th meeting any changes are approved, a Resolution reflecting the direction will be on the May 6th agenda for adoption. Signs will installed/removed and permits will be issued as soon as possible thereafter. �aucu nentai Reviiew X t?J/Fa cnancoaU Statement Approved Er There is no budget impact as a result of this status report. Finance Director If changes are made to the district, the cost of the signs, permits, etc. will be absorbed in the existing Public Works budget. A/cook's No. Receive the report. BOAR 1 COMM S OATLL RE ; G ilMME N/A fFi' .9 sted Peso tAlioir^ [N.,, 1. Survey letter for property owners and residents within the current permit parking district. 2. Survey letter for apartment residents immediately adjacent to the permit parking district. 3. Survey letter for property owners and residents in the proposed expanded permit parking district. I. City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: Resident/Owner RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. It has also been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and there will be a $10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by April 4, 2003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Prep d Adam J. da Assistant ivil Engineer Approved by: Stephen M irkpatrick Assistant DYrector of Public Works/ Engineering CHECK APPLIICAiGLE A. [ ] 1 would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. B. [1 I would like the permit parking signs removed from 22nd Street. C. [ 1 I would like the permit parking district expanded as shown on the attached map. D. [I I would like the permit parking district to remain as it is. Signature of Rcsid nt/Property Owner Print Name Date Address o rakt;,,g par ,.,L,,.. d„U„ bl P1 z 1 NHIS11fGV 4117E„ ,Junula ',IS CV\IZZ NO 3N13 ,LOIS,LSIG Nixava g oo: 5 0,1 NV 00:6 O..L - /---------;!--," 4 ----- -,1514 v ) 02 Nv olo. 2„ ologj ..4 i 33 Saa s ! A h 341116211r 33 . ?LA AirdriardAM S'3 *ZA":0WWW;r•SVfelVe+Zge#V4191 VAVYk *i****44t4itV4i0 1> es+044+1 .4.4to," P.t.e.+.t.4.4t.4+4fr14 < ;woe", WeeAreeAre9f4 m 441 06.1.*: t 44*.V*ItteftIVAI z *OW irt+iwo Po++;#4-AwAx$ c 4oxfpro JI ..",..••, 4t•+ ,.+ '+4, 4 Fri ,* I•V 4 e eAg e Ai •> e g4r•-+ -± 3 3 el 1 S +14•+.0*•," 4te 4041, 41!: ;4**,04 44KWO;PPZ".$P4S4r0A47 #A, A 04,* 1 a tcs.441,..0 1 ..* I+4$ ) •4ple4t MO '(feettftle+44V+9.44440.4.44.4+0,044$,1 •4., 0*, =4 04* '4 '.* •+4 -#.4-•-,,s Ot4rt++., •+.t •40v #444+4 .14WW41 r r ,,,44,01,*, 4 .t.4...44..p 4*, 4:4,44 > •+,, ...44.....#4 AO, Ag*;$4K 9 V Atr4:0 6144t4V4440W1 ., r"-"Kow ItAt I ri,y4e07. 4 P4, .4714; p ..,t,,,* k 7 s 0 2 $.1 . • Is& •*01'40.4, 414 • IA v ..4',..*- - .24440. OA • At. • 4'4 pr "anger 6 6 7S) t G NOLL IIQY NIHVDI ,I, 01 i D KIX W a itk la loll A „V' .J-DI 133NiS 3A0N.let V,0 0?_Ld C C City of National City Department of Public Works 1 243 National City Blvd., National City, CA 91950 (619) 336.4580 (619) 336-4380 Fax: (619) 336-4397 Date: Resident/Owner RE: RESIDENTIAL, PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. It has also been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and there will be a S10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by April 4, 2003 We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Pre dam J La Assistant C'il Engineer CHECK APPLICA':' LE Approved by: Stephen M. ' rkpatrick Assistant ector of Public Works/ Engineering A. [ ] I want the permit parking district expanded. B. [ ] I would like the parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. C. [ ] I would like the permit parking signs removed from 22nd Street D. [ ] 1 do not want to he added to the Parking District. Signature of Resident/Property Owner Print Name AI..i' Date Arc chess To Now Arr., 2 -40 L 0 PRO 0 •EfAL 'BALL ,or>, IcT TION AVE 144+7• •'4•04 r4•4•V4•1W$1M4,4•.* I 0+4+ 14•0404.4t+4•44+4V4 MoA •r+A44i74r4404*.,*4i•404$,,A,4..M4 WV‘$44Z0Y4.4.;,414e444*44440,,+1r"v4r44v,•W.47•4*.4 IwA 1 4441*464%47*l.044I' r'*4*+,,414.•.4441 •:.4r,•444•44 444440044$4"4 •4.10 i v"4:Te NO, 44•I' 41 °O P*4-, 4* 444. $4,04Z414 4 .41,4 VA, A, 0 40,4 46 '‘ •,4 ° 4•Ae 4.44+, 41+,' 'AV+ A.44 ,p ..ft+S-fr+ _ . .. - - vir4v4++.' w, 4•44 A i•-.-4wxr 0.444407.4:+0:+1 4•40,4; imett4;*•* 04+4040$-4•9*** $+++0 *Wil• *011:40,0444 $144,4v 4.4.+$4* 0++,-#4,w4.4441 4444t44 v++4,4•0 4•4•44+4t,....44... . :0,,.. . . , - 4,1 )+, - 4* •4*- 4, 44i4, 4; 4.4,40 1 ••44 e 4'+' Si t. $ 9 • , 4C•••••• 4' iv 00 III di Aor Ad './11111111141110VAIVAllr Air A 4 44 A 1 . A r a v IIIIIIIIII141=4111WAIWON, E FRO M "700 AM ro 00 TO "9:00 ro 5:00 PM' , E PARKIN DISTRICT SIGNS ON 22N'D sr. STREET A prs G DISTRICT' "A" AD JUSTMENT' 21 City of National City Department of Public Works 1243 National City Blvd,, National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: Resident RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" Dear Resident: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determined if area property owners and residents desire such an adjustment of the Permit Parking District. Please mark your choices at the bottom of this letter and return it to us by April 4, 2003 We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Prepay Adam J. Land Assistant Civi Engineer Approved by: Stephen M.OILirkpatrick Assistant D ector of PublicWorks/ Engineering CHECK APPLICA!:;LE A. [ ] I would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. I would like the permit parking signs removed from 22nd Street. C. [.1 I would like the permit parking district to remain as it is. Signature of Resident/Property Owner Print Namc Date Address AI. api 1-4 LI PRO COMM. PROP. 'BALL 'BALL 'BALL BALL RES. RES ‚BALL BALL Li z Li <L BALL -BALL BALL <1 Li C=1 20th STREET Li U z Li 021 STREET r.JL1 IS • 61 To .9:00 AM TO 5:00 pitir -7 OR REMOVE E PARKTK DISTRICT SIGNS ON 22N1D sr. PAR E F L ARTS LJ - z Li L. LI UU z <L ---STREET APIS APIs DISTRICr "A' ADJUSTMENT LI City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE May 20, 2003 AGENDA ITEM NO. 5 /ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH EXXON MOBIL OIL CORPORATION FOR THE INSTALLATION OF ONE GROUNDWATER MONITORING WELL AT 10 OSBORN STREET ALONG OSBORN STREET SOUTH OF DIVISION STREET PREPARED BY Charles Nissley DEPARTMENT Engineering 336-4396 EXPLANATION Exxon Mobil Corporation the owner of Mobil Station No. 18-FF9 located at 10 Osborn Street is seeking an encroachment agreement to install one groundwater monitoring well within the public right of way on Osborn Street South of Division Street 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 TRC Alton Geoscience as required by the County of San Diego Department of Environmental Health Site Assessment and Mitigation Division. The proposed monitoring well will be constructed of a 4" diameter PVC casing with an 10" sand and bentonite grouted boring with a total well depth of 30 feet, completed with a traffic rated vault and locking casing cap. A Faithful Performance Bond in the amount of $2,000.00 has been posted with the City of National City, as a security for prompt completion of well drilling, installation removal, abandonment and all appurtenant operations, including subsequent traffic !cop repairs, strtjet resurfacing, restriping and any required well head adjustment. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution :7; 1 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Encroachment Agreement 10 Resolution No. 2003-63 A-200 i9 99; RESOLUTION NO. 2003 - 63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH EXXON MOBIL OIL CORPORATION FOR INSTALLATION'OF ONE GROUNDWATER MONITORING WELL AT10 OSBORN STREET ALONG OSBORN STREET, SOUTH OF DIVISION STREET WHEREAS, Exxon Mobil Oil Corporation, the owner of Mobil station No. 18-FF9 located at 10 Osborn Street, is seeking an encroachment agreement to install one groundwater monitoring well within the public right-of-way at 10 Osborn Street, south of Division Street 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 entitled "Encroachment Agreement" executed by Exxon Mobil Oil Corporation, and directs the City Clerk to record the same. PASSED and ADOPTED this 20t' day of May, 2003. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney TRH Customer -Focused Solutions May 6, 2003 City of National City Office of the City Engineer 1243 National City Boulevard National City, California 91950-4397 ATTN: MR. CHARLES NISSLEY SITE: MOBIL STATION 18-FF9 10 OSBORN STREET NATIONAL CITY, CALIFORNIA SAM CASE NO. H13372-002 ASSESOR"S PARCEL NO. 555-020-29-00 RE: ENCROACHMENT PERMIT APPLICATION, GROUNDWATER MONITORING WELL Dear Mr. Nissley: On behalf of the ExxonMobil Oil Corporation, TRC Alton Geoscience (l'RC) is requesting an encroachment permit from the City of National City to install one groundwater monitoring well within the city right-of-way. The purpose of the groundwater monitoring well is to delineate the plume of petroleum hydrocarbon -impacted groundwater from Mobil Station No. 18-FF9, located at 10 Osborn Street in National City, California (Exhibit A). 1.0 BACKGROUND The San Diego County Department of Environmental Health (DEH), in their letter dated July 1, 2002, requested additional assessment of groundwater, based on TRC's Site Assessment Report and latest Groundwater Report. TRC submitted a Workplan for Additional Site Assessment, dated August 12, 2002, which proposes the installation of four groundwater monitoring wells (MW-6 through MW-9). One proposed well, MW-9, is located offsite, in Osborn Street. The workplan was approved by the DEH in a letter dated September 4, 2002. Copies of the DEH letters and workplan are attached. The latest groundwater gradient map, Figure 2, is attached. The following is a legal description of the affected property: 555-020-29-00; Block 1, Lot 13 through 22, Map 348. 1 9471 Ridgehaven Court, Suite E G San Diego, California 92123-4357 Telephone 858-505-8881 m Fax 858-505-9515 ' Encroachment Permit Application, Groundwater Monitoring Well Mobil Station 18-FF9, 10 Osborn Street, National City, California May 6, 2003 2.0 SCOPE OF WORK TRC proposes to install one groundwater monitoring well (MW-9) east of the Mobil station site in the south -bound lane of Osborn Street, between Division Street and National City Boulevard (Exhibits A and B). Prior to drilling activities, all known buried utilities will be located and marked in the vicinity of the proposed well location by Underground Services Alert (Digalert) and by a subsurface utility locator contractor. Applicable permits will be obtained from the DEH and the City of National City. The well location will be hand excavated to a depth of approximately 8 feet below grade (fbg) prior to the commencement of drilling, to further minimize the potential of intercepting unknown buried utilities. Drilling the well borehole will be accomplished utilizing a truck -mounted drill rig equipped with 10-inch diameter hollow -stem augers. The well boring will be drilled to approximately 30 fbg. The well will be constructed of 4-inch diameter, Schedule 40 PVC casing, with 0.020-inch diameter slots from approximately 10 to 30 fbg. A filter pack of clean, industrial -use sand is poured into the boring to filter out water -born sediments from the well casing to a depth of approximately 8 fbg. A drill rig -mounted surge block will be used to develop the monitoring well immediately after the filter pack is installed in order to settle the filter pack and facilitate hydrologic connection with the aquifer. A bailer will be used to purge groundwater from the well following surging to remove suspended sediment. The annular seal of the well will consist of approximately five feet of hydrated bentonite grout, and capped with a minimum three-foot thick concrete seal at the surface. The well will be completed with a traffic -rated vault and locking casing cap to restrict unauthorized access and to inhibit the infiltration of surface fluids. Well construction details are attached as Exhibit C. After a minimum of 72 hours following the installation of the groundwater monitoring well, a groundwater sample will be collected from the well. Groundwater monitoring and sampling will occur on a quarterly basis (four times each year). The top of the monitoring well casing will be surveyed by a California -licensed surveyor to the nearest benchmark to facilitate the groundwater elevation and approximate flow direction and hydraulic gradient beneath the site. Soil cuttings and equipment rinse water will be placed in 55-gallon drums, labeled, and stored at the Mobil station site, to be transported to a licensed facility within 90 days of drilling activities. 2 Encroachment Permit Application, Groundwater Monitoring Well Mobil Station 18-FF9, 10 Osborn Street, National City, California May 6, 2003 3.0 NATIONAL CITY QUESTIONAIRE The following questions from the City's Permit Information booklet are answered below: 1) What is the time of completion of drilling and well construction? Hole clearance, drilling, and well construction activities will take approximately two days to complete. 2) What is the time required to install each well? About three to five hours is required to install a well, and to allow concrete to set. 3) How long will the wells stay in the street? The well will be removed once the site's unauthorized release case is closed by the California Regional Water Quality Control Board. Typically, the lifespan of a well may be from one to 10 years or possibly longer, depending on evolving conditions related to petroleum hydrocarbon impacts to groundwater at the site. 4) How long will the abandonment of the wells be? Well abandonment will take approximately 4 to 6 hours. 5) How often is the monitoring and sampling of the wells? The well will be monitored and sampled on a quarterly basis. 6) How long does it take to purge and sample each well? Purging and sampling takes approximately 15 minutes to 1 hour. 7) Who will be responsible for removing the wells from the public right-of-way, and restoring the street? The ExxonMobil Oil Corporation, the owner of the well, will be responsible for removing the well and restoring the street. TRC, as their consultant, will perform the work. 8) Who will be responsible for top of well head adjustment? As ExxonMobil Oil Corporation's consultant, TRC should be contacted for any matters relating to repairs and maintenance of the well. 3 Encroachment Permit Application, Groundwater Monitoring Well Mobil Station 18-FF9, 10 Osborn Street, National City, California May 6, 2003 If you have any questions or comments, please contact the project manager, Chris Maxin, at (858) 505-8881. Sincerely, TRC Todd A. Wirths Senior Staff Geologist Attachments: Exhibit A: Exhibit B: Exhibit C: Figure: Figure: Letter, July 1, 2002: DEH Workplan Request Letter, Sept. 4, 2002: DEH Workplan Approval Workplan, Aug. 19, 2002: TRC's Workplan for Additional Assessment Check: $200.00: Encroachment Application Processing Fee Check: $2,000.00: Emergency Deposit Certificate of Liability Insurance Notary Certification Notary All Purpose Acknowledgement National City Business License (Completed Copy of Application) State Contractor's License Site Plan Showing Utilities and Proposed Monitoring Well Locations Location of Proposed Groundwater Monitoring Well in City Right of Way Well Construction Detail Groundwater Elevation Contour Map, November 5, 2002 Traffic Control Plan Cc: Mr. Lee Hanley, ExxonMobil Oil Corporation 600408;G:\PROJECTS\MOBIL\18FF9\PERMITS\FF9PMT03. DOC 4 3 LEPHONE BOOTHS AIR/WA TER W Q WASTE OIL TANK DIVISION STREET ( ) N— BLOCK WAEL.M o a o o C4 ij PROPANE / t ¢ / PMW-� iu ° A / ABOVE GROUND / s M j 'TORAGE TANKMw1s i Iif b./E N S -1jJ \ \ W / M r, , Ed I 1 £.4 7 5 E h PMW-Cj I W I 9 HOIST MID Laao 01 L8,000_C J sre 10.000-C MW-4 \� HOIST X C ARIFIER+ BUILDING -� c HOIST MW-5 c/T II III ,1 II \_S -s 0, yy\S e< MW-2i-Fk —. er: PMW-9 UST PAD TRANSFORMER DISPENSER ISLANDS TE 60x�E� 14. h..11 j mt s —I, O i • 1 PMN'-9 _ , I • 1 IW 1 S \ W eu l &oo , \\ 9„..p °0 .SOGkE VAULT / LMW-12 L. LEGEND MW-3 4_ Monitoring Well LMW-124'" Liquor Store Monitoring Well SB-1 63 Soil Boring PMN-6-* Proposed Monitoring Well Property Line Electric Line (24"-36" Below Grade (8G) Water Line (48"-72" EG) Product Line Sewer Line (36" BG) Telephone Line (24" BG) Trenching UnknoWn Line Gas Line (24"-36" BC) o Sign a Light NOTES SCALE (FEET) 03D Figure based on "AS BUILT" drawing provided by Mobil Oil Corporation, doted 3-10-69. USTs underground storage tanks. All dimensions anc locations are estimated. SITE PLAN SHOWING UTILITY & PROPOSED MONITORING WELL LOCATIONS Mobil Station 18-FF9 10 Osborn Street Notional City, California TRC EXHIBIT A Lri SD\vo9\projects\mob0\18R9\orophics'18H9T 12/20/0t rm 0 0 HWY OP II-SD-2-SD INTERSTATE 5 SAN g1EGO COUNTY - ASSESSOR'S MAP BOOK S.S.$. PAGE .SA.. MAPPED FOR ASSESSMENT PURPOSES ONLY ROOSEVELT 0 z® A CD 2 S ("6--). 6 C Y n (/) 9® 10 S SECOND t CLSD. 2.ar 2 2- 0 IF (14 ) In It _Ue�m l i ) IS ® le 13 iv S ST. t -J 0 I- FIRST ST. DETAIL IlNO e0 FT. 7-19-54 L. CHANGES: Newman - OLD /6-Zo \*8 fiery • 4 t E., 16/ - 6 1_00.7L104 of PvoPoS v0 el, <Ivrgfc- /1/0h ��tt�/ MAP 348 - NATIONAL CITY RE -FILED We// /47 city g19Nf wofy WELL CONSTRUCTION DETAIL UTILITY BOX d BLANK CASING INTERVAL _ D__ ft. to 10 _ ft. CASING INTERVAL PVC SCREEN 0.020 INCH SLOTS _ 10_ ft. to _30 _ ft. VVVVVV vVVVVVV VVVVVV VVVVVVv VVVVVV vvvvvvv vvvvvv v v v v v v v VVVVVV vvvvvvv VVVVVV vvvvvvv VVVVVV vvvvvvv VVVVVV VVVVVVV 'VVVVVV vvvvvvv VVVVVV vVVVVVV VVVVVV vvvvvvv VVVVVV vvvvvvv VVVVVV vvvvvvv LOCKING CAP VVVVVV 7 V V V V v VVVVVV 7 V V V V V V VVVVVV 7 a V V V V v VVVVVV 7vvvvvv VVVVVV 7 V v V V v V VVVVVV 7 V V V V V 0 VVVVVV 7 V V V V V V VVVVVV 7 V V V V V V VC? vvvv 7 V V V V V VVVVVV 7vvvvvv vvvvvv 7 V V V V V VVVVVV 7 V V v v V V VVVVVV 7 V V V V V v VVVVVV : v v v v v v SURFACE CONCRETE ft. to _3 _ ft. BENTONITE GROUT __ ft. to _0_ ft. E-.ITONITE SEAL INTERVAL 5 ft. to 8 _ ft. DRAWING NOT TO SCALE sd\volt\g:\proj\ mobil \18ff9\1 Well_Const_MW9.dwg 4/15/03 rmh NO. 3 MONTEREY SAND 8 ft. to 30 _ ft. EXHIBIT C WELL ID: MW-9 PROJECT: Mobil Station 18—FF9 BORING DIAMETER: BORING DEPTH: CASING DIAMETER: CASING/SCREEN DEPTH: 10 in. 30 ft. 4 in. 30 ft. 7 WASTE OIL TANK l -- DIVISION STREET — PROPANE ABOVE GROUND STORAGE TANK VENTS MW-5 3.42 M .41 BLOCK WALL ST9 PAO DISPENSER ISLANDS 2 CANOPY 41 MW-3 3.40 Mw-1 \ 3.41 2yTo C> C✓ J 'N <"FL 9�a I Lu 12( L0 ft O m O LEGEND MW-3- Monitoring Well with Groundwater Elevation (feet) LMW-12- " 110 Liquor Monitoring Well 3.41 — Groundwater Elevation Contour General Direction of Groundwater Flow tiEESI Contour lines are interpretive based on fluid levels measured In wells. Elevations are in feet above mean sea level. LIST = underground storage lank. All dimensions and locations are estimated. SCALE (FEET) 0 30 GROUNDWATER ELEVATION CONTOUR MAP November 5, 2002 Mobil Station 18-FF9 10 Osborn Street National City, California I TRC FIGURE 2 SD\volf\proAec s\mabll\18119\gr0Fhres \OA5_2002\18,192002 new.dwg 1/10/03 rmh HIGH LEVEL WARNING DEVICE NI r 18 C2ORT C18 — 150' e .47 LEGEND ® CONE H BARRICADE FLAGOER TAPER LENGTH MOBIL STATION ALLEY [ ENO CONSiRUCIION CI 3 FLASHING ARROW SIGN YORE AREA ±1RAFFIC OVECIION SPACING Or CONES 180' ,30'. SIGN SrACMG 250' OSBORN ST PROPOSED MONITORING WELL C18 i 150' i SCALE NO DATE UI It C18 NATIONAL CITY BLVD Cl 3 TRAFFIC CONTROL PLAN APPROVED BY. DRAWN BY GARY EVANS (I EEB—S IRO i-� �No�aNSAFE* *LITE A REVISED DRAwinG NnmBER TIOF GARY W. ERBECK DIRECTOR July 1, 2002 (Ctiuntv iif c*au ZiDiego DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 (619) 338-2222 FAX (619) 338-2377 1-800-253-9933 Mr. Lee Hanley Environmental Remediation Territory Manager EXXON/Mobil Corp. 1464 Madera Road, Ste. N-265 Simi Valley, CA 93065 RICHARD HAAS ASSISTANT DIRECTOR REOIEDWIED II ( l 3 ?002 Dear Mr. Hanley: UNAUTHORIZED RELEASE OF PETROLEUM PRODUCT FROM UNDERGROUND STORAGE TANKS AT MOBIL STATION #18-FF9 AT 10 OSBORN STREET, NATIONAL CITY, CA CASE #H13372-002 I have received and reviewed the Site Assessment Report, dated March 12, 2002, and the most recent Groundwater Report, dated May 14, 2002. The reports were prepared and submitted by your consultant TRC. The assessment activities included the placement of six soil borings and the conversion of two to groundwater monitoring wells (MW-4 and MW-5). Soil samples were collected and analyzed from the six borings. Groundwater was sampled and analyzed from the existing and new wells. From their work TRC concludes and recommends that: 1) soil is adequately assessed vertically and horizontally; 2) groundwater flow is to the north-northwest; 3) further assessment is needed to delineate the horizontal extent of benzene and MTBE (methyl tertiary butyl ether) in groundwater. We concur with the TRC conclusions and recommendations. Aworkplan for further groundwater assessment must be submitted by July 30, 2002. Additionally, the utility map provided in the assessment report, must be modified to include burial depths of all the utilities depicted. Please include in the workplan and all future reports. The need for further site characterization and mitigation actions will be determined following evaluation of the written report. If you have any questions, please call me at (619) 338-2244. 4 DONN A. LiPERA, Project Manager Site Assessment and Mitigation Program DAL:kd cc: Christopher Maxin, TRC 10 "Environmental and public health through leadership, partnership and science" WPM 13372-002 GARY W. ERBECK DIRECTOR September 4, 2002 CTiiuxttg JJf*rxc litttgrf DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 (619) 338-2222 FAX (619) 338-2377 1-800-253-9933 Mr. Lee Hanley Environmental Remediation Territory Manager EXXON/Mobil Corp. 1464 Madera Road, Ste. N-265 Simi Valley, CA 93065 ERN©EU !'J E SEP 6 6 2002 RICHARD HAAS ASSISTANT DIRECTOR Dear Mr. Hanley: UNAUTHORIZED RELEASE OF PETROLEUM PRODUCT FROM UNDERGROUND STORAGE TANKS AT MOBIL STATION #18-FF9 AT 10 OSBORN STREET, NATIONAL CIT.', CA CASE #H13372-002 This letter has been prepared in accordance with the requirements set forth in Title 23 (State Underground Storage Tank Regulations), Division 3, Chapter 16, Article 11, Section 2722. The purpose of this letter is to notify the Responsible Party of the status of the Workplan received by the San Diego County Site Assessment and Mitigation Program (SAM) on August 23, 2002. The Workplan, dated August 19, 2002, prepared by TRC, covers one of the following phases of corrective action: Preliminary Site Assessment ( ) Soil and Water Investigation (X) Corrective Action Plan ( ) Verification Monitoring ( ) Interim Remedial Action ( ) The Workplan proposes to install four new groundwater -monitoring wells and has been: (X) approved. ( ) disapproved -call the undersigned for further instructions. ( ) approved with the following changes or conditions: This approval is valid for 6 months from the date of this letter. Keep this letter for your records as it maybe required for corrective action cost reimbursement under Senate Bill 2004 (California Health and Safety Code, Division 20, Chapter 6.75, Article 6). 11 "Environmental and public health through leadership, partnership and science" Mr. Lee Hanley - 2 - September 4, 2002 The need for further site characterization and mitigation actions will be determined following evaluation of the written report. If you have any questions, please call me at (619) 338-2244. Sincerel , DONN A. LiPERA, Project Manager Site Assessment and Mitigation Program DAL:kd cc: Christopher Maxin, TRC 12 W P!H 13372-002W PA inc Customer -Focused Solutions August 19, 2002 County of San Diego Department of Environmental Health Land and Water Quality Division Site Assessment and Mitigation Program P.O. Box 129261 San Diego, California 92112-9261 ATTN: MR. DONN LI PERA SiTh: MOBIL STATION 18-FF9 10 OSBORN STREET NATIONAL CITY, CALIFORNIA DEH CASE NO. H13372-002 RE: WORKPLAN FOR ADDITIONAL SI1'h ASSESSMENT Dear Mr. Li Pera: On behalf of the ExxonMobil Oil Corporation and in accordance with the County of San Diego Department of Environmental Health (DEH) letter dated July 1, 2002, 1'RC Alton Geoscience (1'RC) has prepared the following additional site assessment workplan. The purpose of this workplan is to delineate the hydrocarbon -impacted groundwater plume at Mobil Station 18-FF9, 10 Osborn Street, National City, California (Figure 1). 1.0 BACKGROUND On March 3, 1988, a 280-gallon waste oil underground storage tank (UST) was replaced with a 550-gallon waste oil UST on the western side of the site. At the time of replacement activities, one soil sample was collected from the tank cavity at a depth of approximately 8 feet below grade (fbg). Total recoverable petroleum hydrocarbon (TRPH) concentrations were detected at 290 milligrams per kilogram (mg/kg) (Mobil Oil Corporation, 1988). In 1989, during the replacement of product lines, five soil samples were collected from a depth of approximately 3 fbg and analyzed for total petroleum hydrocarbons as gasoline (1'PHg). TPHg concentrations ranged from below laboratory detection limits (ND) to 1,000 mg/kg. Vapor Extraction Technology (VET) performed additional lateral and vertical assessment in the vicinity of the 1,000 mg/kg sample location. A total of five additional soil samples were collected and analyzed for TPHg. Concentrations in the additional samples ranged from ND to 54.2 mg/kg. Based on these results, VET concluded that the extent of impacted soil was confined to a small area and would not require remediation (Vapor Extraction Technology, 1989). 9471 Ridgehaven Court, Suite E • San Diego, California 92123-4357 Telephone 858-505-8881 • Fax 858-505-9515 1 Workplan For Further Site Assessment Activities Mobil Station 18-FF9 August 19, 2002 In 1990, the DEH requested the additional assessment of soil beneath the waste oil UST. To accomplish the requirement, an angled boring was advanced using a hand auger to a depth of approximately 11 fbg. No concentrations of TRPH, organic lead, benzene, toluene, ethylbenzene, total xylenes (BTEX), halogenated volatile organic compounds, or total polychlorinated biphenyls were detected (Vapor Extraction Technology, 1990). Based on these results, the DEH closed the unauthorized release case for the site (County of San Diego, 1990). An environmental investigation conducted by SECOR International, Inc. (SECOR), at the adjacent One Ten Liquor property, was the basis for the DEH issuance of Unauthorized Release Case H13372-002 for the site. In a letter dated March 8, 1999, the DEH speculated that elevated dissolved -phase concentrations identified in monitoring well LMW-12, located in the sidewalk on the south side of the site, may be the result of an unauthorized release from the site. On October 22, 1999, groundwater monitoring wells MW-1, MW-2, and MW-3 were installed at the site to approximate depths of 30 fbg. Groundwater monitoring and sampling has been conducted on a quarterly basis since November of 1999. Dissolved -phase concentrations of TPHg and benzene in groundwater have ranged from 3,100 to 70,000 micrograms pe- liter (µg/1) and from 450 to 7,300 µg/1, respectively. No concentrations of dissoived-phase MTBE in groundwater have been detected. In it's letter dated July 3-1, 2000, the DEH requested that two soil borings be placed adjacent to each dispenser island to evaluate the vertical extent of hydrocarbon -impacted soil; three additional wells be installed to evaluate the extent of dissolved -phase hydrocarbons in groundwater; and that a quarterly groundwater monitoring and sampling program be implemented. On July 22, 31, and August 1, 2001 IRC supervised the advancement of six borings. Drilling activities were accomplished utilizing a Limited Access Drill Rig (LAR), equipped with a 10-inch hollow stem auger. Soil samples were collected at approximately five-foot intervals between grade and total depth drilled for soil description, field hydrocarbon vapor analysis, and laboratory analysis. Groundwater monitoring wells were set in borings MW-4 and MW-5. The wells were constructed as 4-inch diameter PVC wells with 0.020-inch screen from 15 to 30fbg (TRC, 2002a). Analytical results for soil samples collected from borings B1 through B4 were below laboratory detection limits Soil sample MW-5-20 had a reported TPHg concentration of 27 mg/kg. Soil sample MW-4-25 had a reported TPHg concentration of 540 mg/kg and a MTBE concentration of 1.3 mg/kg. This sample was reanalyzed for MTBE and additional oxygenates using EPA Method 8260B and was reported as ND for all analytes (TRC, 2002a). On August 20, 2001 TRC monitored and sampled all groundwater monitoring wells in accordance with current DEH guidelines. Groundwater analyses detected benzene concentrations ranging from 320 to 5,500 µg/l. Compared to the previous sampling episode (May 7, 2001), detected benzene 2 Workplan For Further Site Assessment Activities Mobil Station 18-FF9 August 19, 2002 concentrations increased in monitoring well MW-1, MW-2, and MW-3. Benzene was detected in new monitoring wells MW-4 and MW-5 at concentrations 2,600 and 980 pg/1, respectively. MTBE concentrations remained unchanged in all three existing monitoring wells. However, MTBE was detected in new monitoring well MW-4 at a concentration of 6,800 µg/1(TRC, 2002a). 2.0 OBJECTIVE The objective of this investigation is to further assess and delineate the lateral extent of hydrocarbon -impacted groundwater at the site. 3.0 S11'E+ SETTING 3.1 SITE DESCRIPTION AND SURROUNDING LAND USE The site is currently an active service station located on the northwest corner -'of Osborn Street and National City Boulevard in National City, California. Site improvements include a building with three garage bays and a store, two dispenser islands, three gasoline USTs (one 10,000 gallon, one 8,000-gallon, and one 6,000-gallon), one propane aboveground storage tank (AST) and one 550- gallon waste oil UST (Figure 2). Land use surrounding the site includes the following (Figure 3): • A Shell service station to the north; • A used car dealer to the west; • A liquor store and former gas station to the south; • An Earl Schieb auto body repair shop to the southeast; • Private residences and a thrift shop to the east. 3.2 LOCAL GEOLOGIC SETTING, WATER QUALITY AND HYDROGEOLOGY The site lies at an elevation of approximately 50 feet above mean sea level (USGS, 1967). According to published literature, the site is underlain by Pleistocene Bay Point Formation, consisting of shallow marine and non -marine sandstone (Kennedy and Peterson, 1975). During the previous investigation at the site, clayey sands were encountered from grade to approximately 20 fbg and sandy clays from approximately 20 to 30 fbg (TRC, 2000 and 2002a. As designated in the Comprehensive Water Quality Control Plan for the San Diego Basin (California Regional Water Quality Control Board [CRWQCB], 1994), the site lies in the National City Hydrologic Area of the Pueblo San Diego Hydrologic Unit. Groundwater in this area is 3 Workplan For Further Site Assessment Activities Mobil Station 18-FF9 August 19, 2002 designated beneficial for municipal water supply uses. The site is not located in an area identified by the California Department of Water Resources as an alluvial groundwater basin, and therefore is not considered a "sensitive aquifer" (CRWQCB, 1996). Depth to groundwater has ranged between 20.73 to 24.15 feet below the top of well casing. The groundwater flow direction fluctuates between the north and southeast, although the hydraulic gradient (0.001) has remained consistent. Liquid -phase hydrocarbons (LPH) have never been detected in any wells (TRC, 2002b). 4.0 SCOPE OF WORK 4.1 BORING ADVANCEMENT AND MONITORING WELL INSTALLATION TRC proposes to advance a total of four (4) soil borings, all of which are to be completed as groundwater monitoring wells (MW-6, through MW-9) at the locations illustrated on Figure 2. The additional groundwater .monitoring wells will be established to the west, north, and east of the existing underground storage tank pit (Figure 2). It is anticipated that the locations of these wells and borings will allow for the delineation of the impacted groundwater plume. (Note: TRC has experienced difficulties in obtaining encroachment permits from the City of National City to drill in city streets in the past. We are expecting the same difficulties with this phase of the investigation.) Prior to drilling activities, the site will be marked for utility clearance and applicable permits will be obtained from the DEH and other applicable public agencies. All boring and well locations will be hand excavated to a depth of approximately 8 fbg prior to the commencement of drilling. Drilling will be accomplished utilizing a hollow -stem auger rig, equipped with 10-inch-diameter hollow -stem augers. Soil samples will be collected at a minimum of five-foot intervals using a California modified split spoon sampler. Soil cuttings will be screened with a photo -ionization detector (PID) and described using the Unified Soil Classification System General field procedures presented in Appendix A. The four borings to be completed as' groundwater monitoring wells will be advanced to approximately 30 fbg. These wells will be constructed of 4-inch diameter, Schedule PVC casing with 0.020-inch slotted casing from approximately 10 to 30 fbg. A drill rig mounted surge block will be used to develop the monitoring wells immediately after the filter pack is installed in order to settle the filter pack and facilitate hydrologic connection with the aquifer. A bailer will be used to purge groundwater from the wells following surging to remove suspended sediment. The annular seal will consist of approximately five feet of bentonite grout capped with a minimum three-foot concrete seal. Each of the four wells will be completed with a traffic box and locking casing cap to restrict unauthorized access and inhibit the infiltration of surface fluids. 4 Workplan For Further Site Assessment Activities Mobil Station 18-FF9 August 19, 2002 A minimum of 72 hours after the installation of the groundwater monitoring wells, groundwater samples will be collected from all four wells in accordance with the general field procedures presented in Appendix A. The tops of the newly established monitoring well casings will be surveyed by a California - licensed surveyor to the nearest benchmark to facilitate the groundwater elevation and approximate flow direction and hydraulic gradient beneath the site. Soil cuttings and equipment rinse water will be placed in 55-gallon drums, labeled, and transported to a licensed facility within 90 days of drilling activities. 4.2 LABORATORY ANALYSIS All soil samples collected from the four soil borings will be analyzed for TPHg, BTEX, and MTBE in accordance with EPA Method 8015M and EPA Method 8021, as applicable. The soil sample from each boring with the highest MTBE concentration will be reanalyzed for MTBE, di - isopropyl ether (DIPE), tertiary amyl methyl ether (TAME), ethyl tertiary but„1 ether (ETBE), and tertiary butyl alcohol (TBA) using EPA Method 8260B. Groundwater samples will be collected from each of the four wells and analyzed for TPHg using EPA Method 8015M, and for BTEX, MTBE, DIPE, TAME, ETBE, and TBA using EPA Method 8260B. 4.3 REPORTING After the completion of field activities, a report will be prepared and submitted to the DEH. The report will summarize the field activities, results of laboratory analysis, findings and conclusions. 5.0 SITE SAFETY Prior to the initiation of any fieldwork, a site -specific health and safety plan will be prepared in accordance with Occupational Safety and Health Administration (OSHA) regulations. In addition, a Job Safety Environmental Analysis (JSEA) will be completed identifying the steps in performing the scope of work, any potential hazards associated with the steps, and measures to mitigate the potential hazards identified. All field personnel will be required to read and sign both the JSEA and health and safety plan prior to the commencement of work. 5 Workplan For Further Site Assessment Activities Mobil Station 18-FF9 . August 19, 2002 6.0 REFERENCES California Regional Water Quality Control Board (CRWQCB), 1994, Water Quality Control Plan for the San Diego Region, September 8. California Regional Water Quality Control Board (CRWQCB), 1996, Regional Board Supplemental Instructions to State Water Board December 8, 1995, Interim Guidance on Required Cleanup at Low -Risk Fuel Contaminated Sites (Replaces February 29, 1996 version), April 1. County of San Diego, 1990, Department of Health Services, Letter from Mr. Gary R Stephany to Mr. David Noe, Mobil Oil Corporation, Regarding Unauthorized Release #H13372-001, September 4. . Kennedy, Michael P., and Peterson, Gary L., 1975, Geology of the San Diego Metropolitan Area, California, California Division of Mines and Geology Bulletin 200, 56p. Mobil Oil Corporation, 1988, Letter Submittal of Underground Storage Tank Unauthorized Release Report and Laboratory Data to Mr. Donn Li Pera, San Diego County Department of Health Services, June 16. TRC Alton Geoscience, 2000, Site Assessment Report, Mobil Station 18-FF9, 10 Osborn Street, National City, California, April 24. 1RC, 2002a, Additional Site Assessment Report, Mobil Station 18-FF9, 10 Osborn Street, National City, California, March 12. 1RC, 2002b, First Quarter 2002 Groundwater Monitoring and Sampling Report for Mobil Station 18- FF9, 10 Osborn Street,National City, California, May 14. Vapor Extraction Technology, 1989, Results of Product Line Trench Sampling, Mobil Service Station 18-FF9, 10 Osborn Street, Corner of Main Street, National City, California, November 16. Vapor Extraction Technology, 1990, Results of Soil Sampling Adjacent to Waste Oil Tank, Mobil Service Station #18-FF9, 10 Osborn Street, National City, California, February 22. United States Geological Survey, 1967, National City Quadrangle, Scale 1:24,000, photo revised 1975. 6 Workplan For Further Site Assessment Activities Mobil Station 18-FF9 August 19, 2002 If you have any questions or comments on the content of this Workplan, please contact the undersigned at (858) 505-8881. Sincerely, Christopher P 7. M RG 6 1�G Senior Project Geologist Attachments: Figure 1: Index Map Figure 2: Site Plan with Proposed Monitoring Well Locations Figure 3:-Site Vicinity Map Appendix A: General Field Procedures cc: Mr. Lee W. Hanley, ExxonMobil Oil Corporation 600408:/ MOBIL1I8FF9/18FF9WP5-GW Delineation.DOC 7 1 a_ SOURCE: United State Geological Survey 7.5 Minute Topographic Map: National City Quadrangle TRc 0 1/4 1/2 3/4 1 MILE SCALE 1" = 2,000' QUADRANGLE LOCAliON INDEX MAP Mobil Station 18—FF9 10 Osborn Street National City, California FIGURE 1 SD\vo/1\projects\mobil\18ff9\graphics\78ff9im.dwg 3/27/00 ash 9 WASTE OIL TANK 11 /' 3 L..__— .�1 a---_�_ IEIBPNOHE - Uo07HS��e e a o 0NN— BLOCK Witf41.d eJ "PROPANE �/ .,M °� 80YE GROUND 4 1PMw-7 �� 1 TORAGE TAN *uwis + i d i 19N \ c i a W /d i \ V /jd a 44 ' /j4 N IJ £ — c a yW-q a DIVISION STREET HOIST BUILDING Holsr= CST STa UST PAD TRANSFORMER PMW-8 DISPENSER ISLANDS DOX I I I ti II f _I I IP —s —s �s — MW-3al I W ��Z f K -S \\ I // \ nI / 9 r 1f 111 r \f 0 NW-3 -4- LMW-124" SS -I e PMW-6-� —u —s —T — a 0 LEGEND Monitoring Well 110 Liquor Monitoring Well Soil Boring Proposed Monitoring Well Property Line Electric Line (24"-36" Below Grade (BG)) Water Line (48"-72" BG) Product Line Sewer Line (36" BG) Telephone Line (24" BG) Trenching Unknown Line Gas Line (24"-36"BG) Sign Light SCALE (FEET) 0 3o NOIES, Figure based on "AS BUILT' drawing provided by Mobil 011 Corporation, dated 3-10-69. USTs = underground storage tanks. All dimensions end locations ore estimated. SITE PLAN SHOWING UTILITY & PROPOSED MONITORING WELL LOCATIONS ExxonMobil Oil Corporation Station 18—FF9 10 Osborn Street National City, California TRC FIGURE 2 So\4i\hrolacts\mob9\18P4\graph/cu\18119sW.dwg 12/20/01 not FUEL USTo JOHN HANCOCK USED CAR SALES SHELL GAS STATION GARAGE SAYS (3) h Illlll 0 0 DISPENSER ISLANDS 0 0 CANOPY DIVISION STREET LU -I Q t . I WASTE OLU'1 • N Ii; STORE 8 '950� i MOBIL �� "off STATION e t&FF9 BOG` O PSYCHIC PALM READER RESIDENTIAL NOTES: Figure based on a parcel map provided by the San Diego County Assessor's Office. U S T = underground storage tank. A S T = above ground storage tank. All dimensions and locations are estimated. - Subject Site Property Line GARAGE BAYS (3) Scale (feet) 0 100 FUEL USTs OSBORN STREET 110 LIQUOR APARTMENT BUILDING RESIDENTIAL TIENDA de SEGUNDA THRIFT STORE RESIDENTIAL FIRST STREET EARL SCHIEB AUTO BODY REPAIR SITE VICINITY MAP Mobil Station 18-FF9 10 Osborn Street National City, California FIGURE 3 600408 - Site Vicinity 2114l02 rmh 11 APPENDIX A GENERAL FIELD PROCEDURES 12 GENERAL MELD PROCEDURES A description of the general field procedures used during site investigation and monitoring activities is presented below. For an overview of protocol, refer to the appropriate section(s). DRILLING AND SOIL SAMPLING Soil borings are advanced using air percussion, hollow stem auger, air knife or push probe drilling methods. Borings that are not completed as monitoring wells are grouted to approximately 2 feet of the ground surface with bentonite slurry. The remaining 2 feet is filled with concrete. Soil samples are obtained for soil description, field hydrocarbon vapor screening, and possible laboratory analysis. Soil samples are retrieved from the borings by one of two methods: 1) continuously, using a 5-foot- long, continuous -core barrel sampler advanced into the soil with the lead auger; sample tubes are driven into the core with a mallet, or 2) at 2.5- or 5-foot intervals, using a standard split -spoon sampler lined with four 1.5- inch-diameter stainless steel, brass, or acetate sample inserts. The split -spoon sampler is driven approximately 18 inches beyond the lead auger with a 140-pound hammer dropped from a height of 30 inches. For hand auger borings and hand-held, power -driven auger borings, soil samples are retrieved using a hand - driven slide hammer lined with a 1.5-inch-diameter stainless steel sample tube. During drilling activities, soil adjacent to the laboratory sample is screened for combustible vapors using a combustible gas indicator (CGI), photo ionization detector (PID) or equivalent field instrument. For each hydrocarbon vapor screening event, a 6-inch-long by 2.5-inch-diameter sample insert is filled approximately 1/3 full with the soil sample, capped at both ends, and shaken. The probe is then inserte' through a small opening in the cap, and a reading is taken after approximately 15 seconds and recorded o- lie boring log. The remaining soil recovered is removed from the sample insert or sampler, and described in accordance with the Unified Soil Classification System. For each sampling interval, field estimates of soil type, density/consistency, moisture, color, and grading are recorded on the boring logs. EXCAVATION SOIL SAMPLING Excavation soil samples are collected either by driving a stainless steel sample tube directly into freshly uncovered soil, or from the backhoe bucket by driving the sample tube into a relatively coherent and undisturbed portion of soil within the bucket. Excavated soil is temporarily stockpiled onsite. Stockpile samples are collected by shoveling below the surface of the pile and inserting a steel sample tube into the soil. SOIL SAMPLE HANDLING Soil sample handling follows the same basic protocol for both drilling and excavation activities. Upon retrieval, soil samples are immediately removed from the sampler, sealed with Teflon sheeting and polyurethane caps, and wrapped with tape. Each sample is labeled with the project number, boring/well number, sample depth, geologist's initials, and date of collection. After the samples have been labeled and documented in the chain of custody record, they are placed in a cooler with ice at approximately 4 degrees Celsius (°C) prior to and during transport to a State -certified laboratory for analysis. Samples not selected for immediate analysis may be transported in a cooler with ice and archived in a frostless refrigerator at approximately 4°C for possible future testing. MONITORING WELL INSTALLATION Monitoring wells are constructed of 4-inch-diameter, flush -threaded Schedule 40 PVC blank and screened (0.020-inch slot size) casing. Where possible, the screened interval will extend at least 10 feet above, and 10 to 20 feet below, the top of the ground water table. The annular space surrounding the screened casing is backfilled with No. 3 Monterey sand (filter pack) to approximately 2 feet above the top of the screened section. 13 During well construction, the filter pack is completed by surging with a rig -mounted surge block. A 3-foot- thick bentonite annular seal is placed above the filter pack. The remaining annular space is filled with bentonite grout to 3 feet below the surface. A 3-foot concrete surface seal is then emplaced. A traffic -rated well box is installed slightly above grade to help prevent surface water infiltration. A minimum 1-foot diameter concrete seal is poured around the well box. A locking, watertight cap is installed to prevent unauthorized access to the well and to limit infiltration of surface fluids. FLUID LEVEL MONITORING Fluid levels are monitored in the wells using an electronic interface probe with conductance sensors. The presence of liquid -phase hydrocarbons is verified using a hydrocarbon -reactive paste. The depth to liquid -phase hydrocarbons and water is measured relative to the well box top or top of casing. Well box or casing elevations are surveyed to within 0.01 foot relative to a county or city bench mark. GROUND WATER PURGING AND SAMPLING Ground water monitoring wells are purged and sampled in accordance with standard regulatory protocol. Typically, monitoring wells that contain no liquid -phase hydrocarbons are purged of groundwater prior to sampling so that fluids sampled are representative of fluids within the formation. Temperature, pH, and specific conductance are typically measured after each boring volume has been removed. Purging is considered complete when these parameters vary less than 10% from the previous readings, or when three borehole volumes of fluid have been removed. Samples are collected without further purging if the well does not recharge within 2 hours to 80% of its volume before purging. The purged water is either pumped directly into a licensed vacuum truck or temporarily stored in labeled drums prior to transport to an appropriate treatment or recycling facility. If an automatic recovery system (ARS) is operating at the site, purged water may be pumped into the ARS for treatment. Groundwater samples are collected by lowering a 1.5-inch-diameter, bottom -fill, disposable polyethylene bailer just below the static water level in the well. The samples are carefully transferred from the check -valve - equipped bailer to 1-liter and 40-milliliter glass containers. The sample containers are filled to zero headspace and fitted with Teflon -sealed caps. Each sample is labeled with the project number, well number, sample date, and sampler's initials. Samples remain chilled at approximately 4°C prior to analysis by a State -certified laboratory. CHAIN OF CUSTODY PROTOCOL Chain of custody protocol is followed for all soil and ground water samples selected for laboratory analysis. The chain of custody form(s) accompanies the samples from the sampling locality to the laboratory, providing a continuous record of possession prior to analysis. DECONTAMINATION Drilling and Soil Sampling Drilling equipment is decontaminated by high-pressure water washing before being brought onsite. The augers are also high-pressure water washed before each new boring is commenced. Prior to use, the sampler and sampling tubes are brush -scrubbed in a Liqui-nox and potable water solution and rinsed twice in clean potable water. Sampling equipment and tubes are also decontaminated before each sample is collected to avoid cross - contamination between borings. Ground Water Sampling Purging and sampling equipment that could contact well fluids is either dedicated to a particular well or cleaned prior to each use in a Liqui-nox solution followed by two tap water rinses. 14 AYK. /y, /UUj I:/;AMI I`(L ALIUIV yuI ALTGE NU. VUJ L`%VD,� ':y .� +.� ` < F`+ .. Y DATE IMF I 6/27/02 No DUCER . r Knox & Company, Inc. One Goodwin Square THIS 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 BY THE POLICIES BELOW. 'rtford, CT 06103-4305 COMPANIES AFFORDING COVERAGE �60) 524-7600 COMPANY ACommerce & Industry Ins. Co. (AIG) INSURED TRC Alton Geoscience, Inc. COMPANY BThe Hartford Insurance Group 21-A Technology Drive Irvine, CA 92618-2382 COMPANY CSt. Paul Insurance Company COMPANY D ., ..... ...., . ... , .. ........:... ................... «,.....�2....._:....:.:.. .:e. x. .:......,,...x<.Ts`[x;; :.ggq'3'.`vc2S' ;Rg :. �,�p ., ..... ..:... ....:... ........ .: ..r........ ....... F .. _.:._:, .: ...,..,. ..,.. .n..,•,. .A, ..>.-.i _.,.E.. .:.x. :, fit .. ...... -. .. ..... ........ .,..v: ... c.........:....::::.:v.�..::n::i.._..:.:�::::he.:v�:�:.�::nC.i:::�[.:i^"w:.�:..c :............ vR. n, .,'a: h.::..::...F•:.:..::......... ^.::i.....x.:a.::4`:a ���:{_>.: ....... Win.:.:... .. .. . _............_:..n:.:: THE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BE_OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L7R TYPE OF INSURANCE POLICY NUMBERDATE P EXPIRATIONIMMODDNY) DATE LIMITS A GENERALUABIUTY GL4178720 07/01/02 07/01/03 GENERALAGGREC4ATE s2, 000, 000 X COMMERCIAL GENERAL LIABILITY Add ' 1 Exclusions" PRODUCTS-COMP/OP AGG Si , 000,000 CLAIMSMADE X OCCUR Professional, PERSONAL &ADV INJURY Sl, 000,000 O OWNER'S& CONTRACTOR'S PROT Asbestos, Nuclear EACH OCCURRENCE Sl, 000, 000 Employment FIRE DAMAGE (MY on.are) S 500,000 Practices MEDEXP(Any oneRowan) $ 5,000 A A AUTOMOBILE X LIABILITY ANY AUTO CA5053638 CA5053639 (TX) 07/01/02 07/01/02 07/01/03 07/01/03 COMBINED SINGLE LIMfT sl, 000,000 ALL OWNED AUTOS W:�t]IL`1 INJURY (PerF���) S X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) S ".,X Comprehensive $1,000 Deductible PROPERTY DAMAGE $ X Collision $1,000 Deductible GARAGE UABILRY AUTO ONLY -EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: GLii??Eg3;%i+iZk :• ........._.... _. EACH ACCIDENT S AGGREGATE S A EXCESSUABILm BE4784120 07/01/02 07/01/03 EACHOCCURRENCE S11, 000, 000 X UMBRELLA FORM AGGREGATE s11,000,000 OTHER THAN UMBRELLA FORM S B WORRERSCOMPENSATION AND 02WNMF5430 07/01/02 07/01/03 X ISTATUTORYOMITS `:" : a "'.'`>`'i»`>'s E{ EMPLOYERS'UABIUTY 02WNAF5439 (MA) 07/01/02 07/01/03 EACHACCIDENT sl, 000,000 THE PROPRIETOR! X INCI. DISEASE-POUCY LIMIT Si , 000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE- EACH EMPLOYEE it , 000,000 C OTHER Property Damage Insurance Policy CK06003551 07/01/02 07/01/03 Blanket Limit: $19,850,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS The City of National City and :its officers, agents and employees are included as additional insureds with respect to general liability andl,, automobile liability where required by written contract. CEITilFLOA E HOUtE : ,. ;,; ;; ': ::-OAttaiAl City of National City QN.. ....... ....... .., .... ...:...... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDGMIGRiGMAIL Office of City Engineer 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDERNAMED TO THE LEFT, , ""` 1243 National City Blvd. National -City, CA 91950-4397 RW. RESSWFASPKG, Dn•REPRESEENNTATIVE � (/n //•� n In li ... ... ✓bA i} 15 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 agreesas 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 be 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. 5. 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. 16 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 05/0N S 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 ontl ,'h s7 prior to installation. OWNER shall obtain additional permits for any such changes from the CITY prior to uie 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 57' and for subsequent adjustments. 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 consfi`uction, 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. 17 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 witting 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. 18 PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: Dated: y/4"2Y i TO ea L'%I- t4 5 Person in Responsible Charge (print name) ,6) -27 _9.07.7 24 hr. Phone Number SEE EXHIBIT 7- h j r7 eVX/eilee__ Firm Name nBn ATTACHED OWNER\APPLICANT Printed Name & Signature °l y7/ e 4q *0it GYM+ " 'l 9-2-/23 Mailing Address '.— ' - S00--ey?l Phone Number P.S. Attach notary certification for the name shown above. California All Purpose Acknowledgement Notary o SA:jha2 encho Use 19 STATE OF CALIF° NIA COUNTY OF On personally appeared ALL PURPOSE ACKNOWLEDGEMENT before me, �IR�/1GG Ily kne (or proved to me on the basis of satisfactory evidence) to be the personfef whose namete) - subscribed to the within instrument and acknowledged to me that65ls#ieltheY executed the same in ' ' /t'.eir authorized capacityCiesl', and that by - _ ` - - signatureisl on the instrument the person(ei or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. BARBARA K. FARKAS Comm. # 1317868 NOTARY PUBLIC-CALIFORNIA San Diego County ®° My Comm. Expires August 14, 2005 4 (This area for official notarial seen 4194 Rce,Ferm 9RII 20 QUESTIONS 1) What is the time of completion of drilling and well construction? 2) What is the time required to install each well? 3) How long will the wells stay in.the street? 4) How long will the abandonment of the wells be? (time frame) 5) How often is the monitoring and sampling of the wells? 6) How long does it take to purge and sample each well? 7) Who will be responsible for removing the wells from the public right-of-way, and restoring the street? 8) Who.. will be responsible for top of well head adjustment? 21 BUS # L # CITY OF NATIONAL CITY BUSINESS LICENSE APPLICATION ALL LICENSES EXPIRE DECEMBER 31 1243 National City Blvd., National City, CA 91950 EPLEASE TYPE OR PRINT. LICENSE WILL NOT BE ISSUED IF REQUIRED INFORMATION IS NCLOSE PAYMENT WITH APPLICATION. MAKE CHECKS PAYABLE TO THE CITY OF NATIONAL CITY.E. RENEWALS ARE DUE BY FEBRUARY 2L A. GENERAL INFORMATION BUSINESS NAME (D.BA OR INDMDUAL NAME) CORPORATION NAME (IF DIFFERENT FROM D.BA) LOCAL BUSINESS PHONE LOCATION IN NATIONAL CITY ,. (STREET NAME DIR N1R�18EH ROOM/SUITE NO. MAILING ADDRESS AND/OR P.O. BOX NUMBER DIR I STREET NAME TECH i i6) P.O. BOX NO. CRY I Ai Alton Geoscience STATE ROOM/SUITE NO. ZIP CODE APPLICANTS COPY DETACH AND RETAIN THIS STATEvEti T THE ATTACHED CHECK iS IN PAYMENT OP iTEMS DESCRIBED ELOW A NOT CORRECT PLEASE NOTIFY US PROMPTLY NO RECEIPT DESIRED. INVOICE NUMBER INVOICE DATE T DESCRIPTION JOB NUMBER 4/30/3 CITY BUS. LICENSE 160040880 THIS STUB WHEN VALIDATED IS YOUR OFFICIAL RECEIPT FROM THE : City of National City BUSINESS LICENSE DIVISION (619) 336-4330 TAXES $ .2 +1 MISC $ PENALTY $ TOTAL$`` 1281 TASK NUMBER i ACCOUNT NO. I AMOUNT 34AI 32001 $200.00 22 Dotty.", $tote of Californi0 CiplICAMI CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE uica4O96 ' cc 'awrzNux T R C ALTON GEOSCISNCE INC ch wavodsl8 C611Q40 C4 C10 HIC A a'"407/331 003 23 City of National City, Califarnia COUNCIL AGENDA STATEMENT IEETING DATE May 20, 2003 AGENDA ITEM NO, 6 ITEM TITLE WARRANT REGISTER #44 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #44 per Government Section Code 37208. w Environmental Review N/A Financial Statement Not applicable. Approved y Finance Dire' Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 221,723.30. BOARD / COMMISSION RECO E DATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #44 2. Workers Comp Warrant Register dated 04/30/03 Resolution No, A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE May 20, 2003 AGENDA ITEM NO. 7 ITEM TITLE WARRANT REGISTER #45 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #45 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 877,061.25. BOARD / COMMISSi0 RECOMMENDATION front ATTACHMENTS { Listed Below ) 1. Warrant Register #45 2. Workers Comp Warrant Register dated 05/07/03 3. Payroll Warrant Register dated 05/07/03 Resolution No. A-200 (9;99) City of National City, California COUNCIL AGENDA STATEMENT FETING DATE _May 20, 2003 AGENDA ITEM NO, 8 ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF MARCH 31, 2003 PREPARED B'f ALISON HUNTER X 4332 EXPLANATION DEPARTMENT FINANCE - MARYLOU MATINEZO X 4331 r FOR THE CITY COUNCIL'S INFORMATION AND IN COMPLIANCE WITH THE CITY'S INVESTMENT POLICY, THE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF MARCH 31, 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 EXPENDTURES. Environmental Review N/A Financial Statement NOT APPLICABLE N Fidt4nce Director Account No. STAFF RECOMMENDATION WE RECOMMEND THAT THE REPORT BE ACCEPTED AND FILED. BOARD I COMMISSIO RECO DATION CONCUR: ATTACHMENTS ( Listed Below ) L CASH ACCOUNT SUMMARY 2. INVESTMENT BY BROKERS 3. PORTFOLIO MANAGEMENT 4. ACTIVITY REPORT 5. CONSOLIDATED CASH REPORT 6. MONTHLY STATEMENT OF RECEIPTS 7. MONTHLY STATEMENT OF DISBURSEMENTS 8. POOLED INVESTMENT TRANSACTIONS REPORT Resolution Hsu A-200 (9;99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-Mar-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 $ 3,592.90 9,742.48 1,465,925.01 (247,198.97) (57,912.03) 214,114.24 13,406,203.42 25,151,190.59 $ 39,945,657.64 YEAR-TO-DATE 498,771.44 $ 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 498,771.44 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 Page 1 b 9 D J -14SymPro City of National City Investments by Brokers Investments Purchased From Finance 500 Inc March 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 10801 Global Credit Union 11/04/2002 063285AD2 10755 Bank of Little Chute 08/07/2002 143876AX8 10643 Carolina Firtst Bank 12/07/2001 177707ACO 10702 City Bank 05/15/2002 25467BB98 10720 Discover Bank 06/12/2002 340558CE3 10629 Florida Bank, NA 09/26/2001 32112FAD6 10701 FNB of Rockies 05/15/2002 633360AB1 10756 National Bank of Commerce 08/08/2002 74407ML60 10598 Providian National Bank 07/11/2001 74926DAN7 10758 RBC Centura NB 08/08/2002 Subtotal and Average 99,000.00 99,000.00 99,737.55 2.750 2.712 2.750 08/09/2004 496 99,000.00 99,000.00 99,006.00 3.250 3.205 3.250 11/04/2004 583 99,000.00 99,000.00 99,798.93 2.800 2.761 2.800 08/06/2004 493 95,000.00 95,000.00 95,000.00 4.100 4.043 4.100 06/07/2004 433 95,000.00 95,000.00 100,339.00 4.900 4.832 4.900 05/15/2007 1,505 95,000.00 95,000.00 96,645.40 3.650 3.800 3.650 06/14/2004 440 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 09/26/2006 1,274 95,000.00 95,000.00 100,189.85 4.850 4.783 4.850 05/15/2007 1,505 95,000.00 95,000.00 95,769.50 2.800 2.761 2.800 08/09/2004 496 95,000.00 95,000.00 95,000.00 5.200 5.128 5.200 07/12/2004 468 74,000.00 74,000.00 74,313.02 3.000 2.958 3.000 08/08/2007 1,590 1,040,000,00 1,040,000.00 1,054,793.25 3.818 3.871 826 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.000 6.083 05/20/2004 415 Subtotal and Average 95,000.00 95,000.00 95,000.00 6.000 6.083 415 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 682 06035A0T7 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 301 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 653 20348PAF0 10727 Community Bank of Boone 06/28/2002 97,152.66 97,000.00 98,764.80 3.600 3.550 3.599 06/11/2004 437 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 302 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 99,000.00 100,411.74 3.500 3.452 3.499 05/03/2004 398 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 253 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 184 30241 HXE3 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 344 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 484 46146MBU2 10818 Investors Bank 09/03/2002 95,000.00 95,000.00 95,462.65 3.000 2.958 3.000 09/03/2007 1,616 458657EV1 10688 Intbrcredit Bank 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 4.832 4.900 04/30/2007 1,490 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 360 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 360 Run Date: 04/23/2003 - 15:02 Portfolio CNC CC OD (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From Finance 500 Inc March 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 6514-18644-1 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 78,963.09 74,008.71 76,570.64 100,000.00 99,000.00 95,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 6.550 99,000.00 5.850 95,000.00 6.250 100,000.00 6.270 100,000.00 6.570 100,000.00 7.020 100,000.00 6.150 1,837,216.10 2,054,000.00 2,057,639.19 15.691 5.769 5.424 13.920 14.686 16.279 13.987 15.909 09/14/2005 897 5.850 08/03/2003 124 5.499 10/29/2003 211 14.113 01/31/2004 305 14.890 10/24/2003 206 18.505 02/03/2005 674 14.181 02/26/2004 331 8.588 8.707 501 Federal Agency Securities 3133MWDE8 10819 3133MX5H8 10820 Federal Home Loan Bank Federal Home Loan Bank 03/12/2003 03/27/2003 Subtotal and Average 100,000.00 100,000.00 100,000.00 100,000.00 200,000.00 200,000.00 100,130.00 2.750 2.712 2.750 06/12/2008 1,899 100,000.00 2.500 2.465 2.500 03/27/2008 1,822 200,130.00 2.589 2.625 1,860 Pass Through Securities 3133TGSG5 10637 31376PGY5 10126 Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. 11/30/1998 12/01/1998 Subtotal and Average 0.00 0.00 21,078.62 20,225.00 0.00 6.000 5.917 6.000 01/15/2013 3,577 20,225.00 8.500 6.534 6.625 07/01/2003 91 21,078.62 20,225.00 20,225.00 6.535 6.628 91 Total Investments and Average rd W Run Dale: 04/23/2003 - 15:02 09 3,193,294.72 3,409,225.00 3,427,787.44 6.568 6.659 687 Portfolio CNC CC DD (PRF_DD) SymRept V5.02t (D W City of National City Investments Purchased From Gilford Securities Inc March 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 3133MSEA4C 10784 Federal Home Loan Bank 10/24/2002 99,875.00 99,875.00 99,968.88 3.000 2.958 3.000 10/24/2007 1,667 3133MSJR2C 10785 Federal Home Loan Bank 10/30/2002 100,000.00 100,000.00 100,094.00 3.000 2.958 3.000 10/30/2007 1,673 3133MUQR9C 10807 Federal Home Loan Bank 01/15/2003 100,000.00 100,000.00 100,063.00 3.000 - 2.958 3.000 01/15/2008 1.750 3133MVDH3C 10815 Federal Home Loan Bank 02/05/2003 100,000.00 100,000.00 100,156.00 3.050 3.008 3.050 02/05/2008 1,771 3133MVGE7C 10816 Federal Home Loan Bank 02/12/2003 100,000.00 100,000.00 100,188.00 3.000 2.958 3.000 02/12/2008 1,778 3133MVF32C 10817 Federal Home Loan Bank 02/13/2003 99,937.50 99,937.50 100,125.38 3.000 2.958 3.000 02/13/2008 1,779 3133MWFH9C 10821 Federal Home Loan Bank 03/13/2003 100,000.00 100,000.00 100,250.00 2.750 2.712 2.750 03/13/2008 1,808 3133MWKL4C 10822 Federal Home Loan Bank 03/19/2003 99,750.00 100,000.00 100,156.00 2.750 2.765 2.803 03/19/2008 1,814 3133MWRJ2C 10823 Federal Home Loan Bank 03/27/2003 99,812.50 100,000.00 100,411.00 2.500 2.505 2.540 03/27/2008 1,822 3133MX5H8C 10824 Federal Home Loan Bank 03/27/2003 99,875.00 100,000.00 100,152.20 2.500 2.492 2.526 03/27/2008 1,822 Subtotal and Average 999,250.00 999,812.50 1,001,564.46 2.828 2.867 1,768 Total Investments and Average Run Dale: 04/23/2003 - 15:02 999,250.00 999,812.50 1,001,564.46 2.828 2.867 1,768 Portfolio CNC CC OD (PRF_OD) SymRept V5.021 CUSIP Investment # Issuer City of National City Investments Purchased From Multi -Bank Securities Inc March 31, 2003 Purchase Date Book Value Par Value Page 4 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10825 10719 10577 10519 10604 10576 10764 10597 10791 654062AMO 10564 10599 10763 10738 10596 10718 10682 10662 10590 10762 10568 10574 Approved Federal Savings Bank Bank of Utica Bankfirst NA BNC National Bank Bank of Arkansas Heritage Bank insouth Bank Legacy Bank of Harrisburg Midsouth Bank Nicolet National Bank Park Avenue Bank NA, The PlantersFirst Bank Premier Bank Providian Bank Southern New Hampshire B&T Co. State Farm Financial Svcs, FSB Sterling Bank & Trust, FSB First Financial Bank Total Bank Williamstown Savings Bank York State Bank & Trust 03/18/2003 99,000.00 99,000.00 99,000.00 1.750 1.726 1.750 09/18/2003 170 05/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 05/22/2003 51 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 06/22/2004 448 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 05/12/2003 41 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.099 5.170 07/20/2004 476 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.030 5.100 12/29/2003 272 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 3.057 3.100 08/29/2003 150 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.424 5.500 07/12/2004 468 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.722 2.760 10/06/2003 188 06/01/2001 99,000.00 99,000.00 101,161.17 5.100 5.030 5.100 12/01/2003 244 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.326 5.400 07/12/2004 468 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.353 3.400 08/27/2004 514 06/24/2002 99,000.00 99,000,00 99,000.00 3.200 3.156 3.200 06/24/2003 84 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.404 5.480 07/09/2004 485 05/08/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 05/08/2003 37 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.290 4.350 03/08/2004 342 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/25/2004 299 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 5.424 05/30/2003 59 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.108 3.150 11/26/2003 239 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 06/13/2003 73 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 272 Subtotal and Average 2,081,000.00 2,081,000.00 2,083,161.17 4.234 4.293 255 Negotialtle/Transferable CDs 356611FU2060 10168 39739BS36060 10162 441800AY8060 10167 685621CW2060 10034 798219AB7060 10146 856284GL2060 10135 Fremont Investment & Loan Greenwood Trust Company DE Household Bank Orchard Federal Savings Bank San Jose National Bank State Balk of India 04/07/1999 03/17/1999 04/07/1999 11/04/1998 03/03/1999 02/12/1999 Subtotal and Average 97,000,00 100,000.00 97,000.00 99,000,00 97,000.00 98,65L. 3 97,000.00 100,000.00 97,000.00 99,000.00 97,000.00 97,000.00 100,399.85 5.600 5.523 5.600 04/07/2004 372 103,328.00 5.600 5.523 5.600 03/17/2004 351 100,301.88 5.500 5.424 5.500 04/07/2004 372 99,279.18 5.750 5.671 5.750 11/04/2003 217 99,956.56 5.400 5.326 5.400 03/03/2004 337 98,072.82 5.850 5.330 5.404 07/01/2003 91 588,658.70 587,000.00 601,338.29 5.467 5.543 289 Pass Through Securities 31364TKP5080 10103 ro 4 Run Date: 04/23/2003 - 15:02 Ui Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250 7.206 7.307 11/01/2004 580 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f City of National City Investments Purchased From Multi -Bank Securities Inc March 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 Subtotal and Average 0.00 0.00 0.00 0.000 0.000 0 ro w 24 Run Date: 04/23/2003 • 15:02 Total Investments and Average 2,669,658.70 2,668,000.00 2,684,499.46 4.506 4.569 262 Portfolio CNC CC DO (PRF_OD) SymRept V5.02F D1 City of National City Investments Purchased From Mischler Financial Group Inc March 31, 2003 Page 6 Purchase Current YTM YTM Maturity Days To CUSIP Investment u Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MMJ79 10686 Federal Home Loan Bank 04/04/2002 100,000.00 100,000.00 100,031.00 4.500 4.438 4.500 04/04/2005 734 3133MSH86 10788 Federal Home Loan Bank 10/24/2002 100,000.00 100,000.00 100,094.00 3.000 2.958 3.000 10/24/2007 1,667 3133MSUR9 10789 Federal Home Loan Bank 10/30/2002 100,000.00 100,000.00 100,094.00 3.000 2.958 3.000 10/30/2007 1,673 3133MSSA9 10798 Federal Home Loan Bank 11/07/2002 100,000.00 100,000.00 100,156.00 3.000 2.958 3.000 11/07/2007 1,681 Subtotal and Average 400,000.00 400,000.00 400,375.00 3.329 3.375 1,438 Run Date: 04/23/2003 - 15:02 Total Investments and Average 400,000.00 400,000.00 400,375.00 3.329 3.375 1,438 Portfolio CNC CC DD (PRF_OD) SymRept V5.02f City of National City Investments Purchased From PaineWebber Inc March 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 Federal Agency Securities 3133MWU4 10814 Federal Home Loan Bank 02/28/2003 100,000.00 100,000.00 100,250.00 3.000 2.958 - 3.000 02/28/2008 1,794 3133MWRJ2 10827 Federal Home Loan Bank 03/27/2003 100,000.00 100,000.00 100,000.00 2.500 2.465 2.500 03/27/2008 1,822 Subtotal and Average 200,000.00 200,000.00 200,250.00 2.712 2.750 1,808 Total Investments and Average 200,000.00 200,000.00 200,250.00 2.712 2.750 1,808 -d o Portfolio CNC 0 cc JO Run Date: 04/23/2003 - 15:02 DD (PRE_OD) SymRept V5.02f ro to to ro City of National City Investments Purchased From U.S. Sterling Capital Corp. March 31, 2003 Page 8 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value ' Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/26/2004 482 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 0 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 04/25/2004 390 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 363 10793 Bay Financial Savings Bank 10/09/2002 99,000.0(i 99,000.00 99,000.00 3.300 3.254 3.300 10/12/2004 560 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 279 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 388 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 85 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 465 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 465 10716 Colony Bank of Asbum 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 05/13/2004 408 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 395 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 51 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 73 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 276 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 83 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 272 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.980 2.919 2.960 11/26/2004 605 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 384 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 580 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 689 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 465 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 111 10589 First Natl. Bk.of Damariscotta 05/30/2001 98,000.00 99,000:00 99,000.00 5.100 5.100 5.170 05/30/2003 59 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 394 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 485 . 10829 First State Bank of Conway 03/24/2003 99,060.00 99,000.00 99,000.00 2.550 2.515 2.550 03/24/2005 723 10600 First State Bank of Okabena 07/13/2001 99,000 `' 99,000.00 99,000.00 5.250 5.178 5.250 07/13/2004 469 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 457 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 450 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 479 10693 Hir(sbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/20/2004 294 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 04/24/2004 389 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 43 Run Date: 04/23/2003 - 15:02 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. March 31, 2003 Purchase Date Book Value Page 9 Current YTM YTM Maturity Days To Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10523 10565 10810 10813 10671 10736 10715 10593 10714 10828 10776 10694 10525 10774 10570 10751 10775 10811 10717 10808 10752 10601 10602 10578 10809 10661 Key Bank USA Lakeland Community Bank Lone Star National Bank Lowcountry National Bank Manufacturers & Traders Trust Mercantile T&SB Mesa Bank Mutual Bank New Frontier Bank Omni National Bank PNB Financial Bank Premier Bank of Tallahassee Peoples State Bank of Truman Peoples State Bank Suburban Bank & Trust Security Bank SouthTrust Bank Stockman 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 05/21/2001 06/13/2001 02/11/2003 02/27/2003 03/25/2002 06/04/2002 05/09/2002 07/03/2001 05/08/2002 03/21/2003 09/24/2002 04/22/2002 05/25/2001 09/12/2002 06/20/2001 07/15/2002 09/19/2002 02/13/2003 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 99,000.00 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 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 5,944,000.00 5,944,000.00 5,944,000.00 5.250 5.250 2.800 2.750 4.110 4.250 4.100 5.050 4.100 2.350 3.250 4.150 5.300 3.450 5.350 3.980 3.390 2.800 4.250 3.050 3.940 5.200 5.150 5.300 2.920 3.400 5.178 5.178 2.761 2.712 4.053 4.191 4.043 4.980 4.043 2.317 3.205 4.093 5.227 3.402 5.276 3.925 3.343 2.761 4.191 3.008 3.886 5.128 5.079 5.227 2.880 3.353 5.250 5.250 2.800 2.750 4.110 4.250 4.100 5.050 4.100 2.350 3.250 4.150 5.300 3.450 5.350 3.980 3.390 2.800 4.250 3.050 3.940 5.200 5.150 5.300 2.920 3.400 4.127 4.184 11/21/2003 12/12/2003 02/11/2005 02/28/2005 03/25/2004 09/07/2004 05/10/2004 07/03/2003 05/08/2004 01/20/2005 09/24/2004 04/22/2004 11/25/2003 09/13/2004 12/22/2003 07/15/2004 10/19/2004 02/13/2005 07/16/2004 01/28/2005 07/18/2004 07/16/2004 01/20/2004 06/29/2004 01/30/2005 04/10/2003 234 255 682 699 359 525 405 93 403 660 542 387 238 531 265 471 567 684 472 668 474 472 294 455 670 9 393 Total Investments and Average Run Date: 04/23/2003 - 15:02 5,944,000.00 5,944,000.00 5,944,000.00 4.127 4.184 393 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f 1, .SymPro Investments City of National City City of National City Portfolio Management Portfolio Summary March 31, 2033 Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 385 Equiv. Certificates of Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments 9,065,000.00 9,081,954.42 9,065,000.00 67.62 810 412 4.116 4.173 95,000.00 95,000.00 95,000.00 0.71 1,827 415 6.000 6.083 2,641,000.00 2,658,977.48 2,425,874.80 18.10 1,706 450 7.831 7.940 1,799,812.50 1,802,319.46 1,799,250.00 13.42 1,791 1,710 2.900 2.940 20,225.00 20,225.00 21,078.62 0.16 1,673 91 6.535 8.626 13,621,037.50 13,658,476.36 13,406,203.42 100.00% 1,112 592 4.642 4.707 Total Earnings March 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return Marylou Matienzo„JJ"-ctor of Finance QO n CD Run Date: 04/23/2003 - 15:06 50,491.19 530,687.78 13,423,343.24 13,917,607.46 4.43% 5.08% Portfolio CNC CC PM (PRF_PM1) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments March 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 5.200 482 07/26/2004 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 0 04/01/2003 10698 American Bank - 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 390 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 363 03/29/2004 10825 Approved Federal Savings Bank 03/18/2003 99,000.00 99,000.00 99,000.00 1.750 1.750 170 09/18/2003 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,737.55 99,000.00 2.750 2.750 496 08/09/2004 10719 Bank of Utica 05/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 51 05/22/2003 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.300 560 10/12/2004 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 448 06/22/2004 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 583 11/04/2004 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 41 05/12/2003 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000,00 5.170 5.170 476 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 279 01/05/2004 063285AD2 10755 Bank of Little Chute 08/07/2002 99,000.00 99,798.93 99,000.00 2.800 2.800 493 08/06/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 388 04/23/2004 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 85 06/25/2003 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 465 07/09/2004 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 465 07/09/2004 10718 Colony Bank of Asbum 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 408 05/13/2004 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 395 04/30/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 4.100 433 06/07/2004 177707AC0 10702 City Bank 05/15/2002 95,000.00 100,339.00 95,000.00 4.900 4.900 1,505 05/15/2007 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 51 05/22/2003 i 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 73 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 276 01/02/2004 254678898 10720 Discover Bank 06/12/2002 95,000.00 96,645.40 95,000.00 3.650 3.650 440 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 83 06/23/2003 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 272 12/29/2003 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.960 605 11/26/2004 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 384 04/19/2004 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 580 11/01/2004 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.850 689 02/18/2005 10595 First Western Bank 07/09/2001 99,l00.00 99,000.00 99,000.00 5.200 5.200 465 07/09/2004 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000100 99,000.00 99,000.00 5.150 5.150 1,274 09/26/2006 10670 First National Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 3.350 111 07/21/2003 10589 First Natl. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 59 05/30/2003 Portfolio CNC CC Run Dale: 04/23/2003 - 15:06 PM (PRF_PM2) SymRept V5.021 IQ r-� City of National City Portfolio Management Portfolio Details - Investments March 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 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 394 04/29/2004 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 485 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 100,189.85 95,000.00 4.850 4.850 1,505 05/15/2007 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 723 03/24/2005 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 469 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 457 07/01/2004 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 450 06/24/2004 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 272 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 479 07/23/2004 10893 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4,050 4.050 294 01/20/2004 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 389 04/24/2004 10764 Insouth Bank 08/29/2002 99,000.00 99,000.00 99,000,00 3.100 3.100 150 08/29/2003 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 43 05/14/2003 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 234 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 468 07/12/2004 10565 Lakeland Community Bank 06/13/2001 99,000,00 99,000.00 99,000.00 5.250 5.250 255 12/12/2003 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 682 02/11/2005 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 2.750 699 02/28/2005 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 359 03/25/2004 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 525 09/07/2004 10791 Midsouth Bank 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.760 188 10/06/2003 10715 Mesa Bank 05/09/2002 - 99,000.00 99,000.00 99,000.00 4.100 4.100 405 05/10/2004 • 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 93 07/03/2003 63336QAB1 10756 National Bank of Commerce 08/08/2002 95,000.00 95,789.50 95,000.00 2.800 2.800 498 08/09/2004 10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 403 05/08/2004 654062AMO 10564 Nicolet National Bank 06/01/2001 99,000.00 101,161.17 99,000.00 5.100 5.100 244 12/01/2003 10828 Omni National Bank 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 660 01/20/2005 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 468 07/12/2004 10763 PlantersFirst Bank 08/27/2002 99,000.07 99,000.00 99,000.00 3.400 3.400 514 08/27/2004 74407ML60 10598 Providian,National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.200 468 07/12/2004 10776 PNB 'Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 542 09/24/2004 10738 Premier Bank 06/24/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 84 06/24/2003 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 387 04/22/2004 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.480 465 07/09/2004 10525 Peoples State Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 238 11/25/2003 10774 Peoples State Bank 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.450 531 09/13/2004 ro (D Run Date: 04/23/2003. 15:06 Portfolio CNC CC PM (PRF_PM2) SymRepr V5.02f City of National City Portfolio Management Portfolio Details - Investments March 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 74,313.02 74,000.00 3.000 3.000 1,590 08/08/2007 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 265 12/22/2003 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 471 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 37 05/08/2003 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 342 03/08/2004 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.390 567 10/19/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000,00 99,000.00 99,000.00 4.050 4.050 299 01/25/2004 10811 Stockmans Bank 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 684 02/13/2005 10590 First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 59 05/30/2003 10762 Total Bank 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.150 239 11/26/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 472 07/16/2004 10808 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 868 01/28/2005 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.940 474 07/18/2004 10601 Union Bank - 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 472 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 294 01/20/2004 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 455 06/29/2004 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.920 670 01/30/2005 10661 West Pointe Bank 01/10/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 9 04/10/2003 10568 Williamstown Savings Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 73 06/13/2003 10574 York State Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 272 12/29/2003 Subtotal and Average 9,029,870.97 9,065,000.00 9,081,954.42 9,065,000.00 4.173 412 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average. 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 415 05/20/2004 95,000.00 95,000.00 95,000.00 95,000.00 6.083 415 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 682 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 301 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 653 01/13/2005 20348PAF0 10727 Community Bank of Boone 06/28/2002 97,000.00 98,764.80 97,152.66 3.600 3.599 437 06/11/2004 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 302 01/28/2004 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 100,411.74 99,000.00 3.500 3.500 398 05/03/2004 258115AV6 10041 Doral FSB 12/10/1998 99,000.00 99,000.00 98,384.22 5.350 5.493 253 12/10/2003 90715-17243-619 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 13.769 184 10/02/2003 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.700 344 03/10/2004 -d t? Run Date: 04/23/2003 - 15:06 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments March 31, 2003 Page 5 Average Purchase Stated YTMIC Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 356611FU2060 10168 Fremont Investment & Loan 04/07/1999 97,000.00 100,399.85 97,000.00 5.600 5.800 39739B536060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 103,328.00 100,000.00 5.600 5.600 10262 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 15.190 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 100,301.88 97,000.00 5.500 5.500 46146M6U2 10818 Investors Bank 09/03/2002 95,000,00 95,462.65 95,000.00 3.000 3.000 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 4.900 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 10329 Bank of Mount Vernon 02/26/1999 100,000.00 100,000.00 69,971.36 6.550 15.910 60531-17951-1 10038 Nations Bank (8amett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 685621CW2060 - 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 99,279.18 99,000.00 5.750 5.750 82668FCS4 10137 Signet Bank 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 5.500 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 99,956.56 97,000.00 5.400 5.400 856284GL2060 10135 State Bank of India 02/12/1999 97,000.00 98,072.82 98,658.70 5.850 5.405 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 10281 Upstate National Bank 10/05/1999 100,000.00 100,000.00 78,963.99 6.570 14.890 90331 V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 18.505 6514-18644-1 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 372 04/07/2004 351 03/17/2004 484 07/28/2004 372 04/07/2004 1,616 09/03/2007 1,490 04/30/2007 360 03/26/2004 360 03/26/2004 897 09/14/2005 124 08/03/2003 217 11/04/2003 211 10/29/2003 337 03/03/2004 91 07/01/2003 305 01/31/2004 206 10/24/2003 674 02/03/2005 331 02/26/2004 Subtotal and Average 2,432,132.86 2,641,000.00 2,658,977.48 2,425,874.80 7.940 450 Federal Agency Securities 3133MMJ79 10886 Federal Home Loan Bank 04/04/2002 100,000.00 100,031.00 100,000.00 4.500 4.500 734 04/04/2005 3133MSEA4C 10784 Federal Home Loan Bank 10/24/2002 99,875.00 99,968.88 99,875.00 3.000 3.000 1,667 10/24/2007 3133MSJ122C 10785 Federal Home Loan Bank 10/30/2002 100,000.00 100,094.00 100,000.00 3.000 3.000 1,873 10/30/2007 3133MSH86 10788 Federal Home Loan Bank 10/24/2002 100,000.00 100,094.00 100,000.00 3.000 3.000 1,867 10/24/2007 3133MSUR9 10789 Federal Home Loan Bank 10/30/2002 100,000.00 100,094.00 100,000.00 3.000 3.000 1,673 10/30/2007 3133MSSA9 10798 Federal Home Loan Bank 11/07/2002 100,000.00 100,156.00 100,000.00 3.000 3.000 1,681 11/07/2007 3133MU0R9C 10807 Federal Home Loan Bank 01/15/2003 100,000.00 100,063.00 100,000.00 3.000 3.000 1,750 01/15/2008 3133MWU4 10814 Federal Home Loan Bank 02/28/2003 100,000,0. 100,250.00 100,000.00 3.000 3.000 1,794 02/28/2008 .3133MV0H3C 10815 Federal Home Loan Bank 02/05/2003 100,000.00 100,156.00 100,000.00 3.050 3.050 1,771 02/05/2008 3133MVGE7C 10816 Federal Home Loan Bank 02/12/2003 100,000.00 100,188.00 100,000,00 3.000 3.000 1,778 02/12/2008 3133MVF32C 10817 Federal Home Loan Bank 02/13/2003 99,937.50 100,125.38 99,937.50 3.000 3.000 1,779 02/13/2008 3133MWDE8 10819 Federal Home Loan Bank 03/12/2003 100,000.00 100,130,00 100,000.00 2.750 2.750 1,899 06/12/2008 3133MX5H8 10820 Federal Home Loan Bank 03/27/2003 100,000.00 100,000.00 100,000.00 2.500 2.500 1,822 03/27/2008 3133MWFH9C 10821 Federal Home Loan Bank 03/13/2003 100,000.00 100,250.00 100,000.00 2.750 2.750 1,808 03/13/2008 3133MWKL4C 10822 Federal Home Loan Bank 03/19/2003 100,000.00 100,156.00 99,750.00 2.750 2.804 1,814 03/19/2008 ro ro rD Run Date: 04/23/2003 - 15:06 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments March 31, 2003 Purchase Date Par Value Market Value Page 6 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133MWRJ2C 3133MX5H8C 3133MWRJ2 10823 10824 10827 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Subtotal and Average 1,844,780.24 03/27/2003 03/27/2003 03/27/2003 100,000.00 100,000.00 100,000.00 100,411.00 100,152.20 100,000.00 1,799,812.50 1,802,319.46 99,812.50 99,875.00 100,000.00 1,799,250.00 2.500 2.500 2.500 2.540 1,822 03/27/2008 2.527 1,822 03/27/2008 2.500 1,822 03/27/2008 2.940 1,710 Pass Through Securities 3133TGSG5 31364TKP5060 31376PGY5 10837 Federal Home Loan Mrtgage Corp 10103 Federal Natl. Mortgage Assoc. 10126 Federal Natl. Mortgage Assoc. Subtotal and Average 21,559.16 11/30/1998 02/18/1998 12/01/1998 0.00 0.00 20,225.00 20,225.00 0.00 0.00 20,225.00 20,225.00 0.00 6.000 0.00 8.250 21,078.62 8.500 21,078.62 6.000 0 01/15/2013 7.307 0 11/01/2004 6.626 91 07/01/2003 6.626 91 Total Investments and Average Run Date: 04/23/2003 - 15:06 13,423,343.24 13,621,037.50 13,658,476.36 13,406,203.42 4.707 592 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f SymPro City of National City Activity Report Sorted By Brokers March 1, 2003 - March 31, 2003 Par Value Par Value City of National City Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 1,040,000.00 1,040,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs Subtotal and Balance 2,054,000.00 2,054,000.00 Federal Agency Securities 3133MWDE8 10819 Federal Home Loan Bank 2.750 03/12/2003 100,000.00 0.00 3133MX5H8 10820 Federal Home Loan Bank 2.500 03/27/2003 100,000.00 0.00 Subtotal and Balance 0.00 200,000.00 0.00 200,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 25.029% 21,245.97 3,210,245.97 8.500 03/15/2003 0.00 1,020.97 0.00 1,020.97 20,225.00 200,000.00 1,020.97 3,409,225.00 Broker3: Gifford Securities Inc Federal Agency Securities 3133MTZA9C 10803 Federal Home Loan Bank 3.000 03/17/2003 0.00 100,000.00 3133MU5M3C 10804 Federal Home Loan Bank 3.000 03/20/2003 0.00 100,000.00 3133MUB79C 10805 Federal Home Loan Bank 3.250 03/20/2003 0.00 100,000.00 3133MWFH9C 10821 Federal Home Loan Bank 2.750 03/13/2003 100,000.00 0.00 3133MWKL4C 10822 ' Federal Home Loan Bank 2.750 03/19/2003 100,000.00 0.00 3133MWRJ2C 10823 Federal Home Loan Bank 2.500 03/27/2003 100,000.00 0.00 3133MX5H8C 10824 Federal Home Loan Bank 2.500 03/27/2003 100,000.00 0.00 Subtotal and Balance ro ro Run Date: 04/23/2003 - 15:07 (3 899,812.50 - 400,000.00 300,000.00 999,812.50 Portfolio CNC CC DA (PRF_DA) SymRept V5.02r City of National City Activity Report March 1, 2003 - March 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 Brokers Subtotal 7.340% 899,812.50 400,000.00 300,000.00 999,812.50 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10772 Approved Federal Savings Bank 10825 Approved Federal Savings Bank Subtotal and Balance 2.550 03/18/2003 1.750 03/18/2003 0.00 99,000.00 99,000.00 0.00 2,081,000.00 99,000.00 99,000.00 2,081,000.00 Negotiable/Transferable CDs 55262WWR3060 10151 MBNA America Subtotal and Balance 5.400 03/03/2003 0.00 97,000.00 684,000.00 0.00 97,000.00 587,000.00 Federal Agency Securities 3133MRQR6060 10773 Federal Home Loan Bank Subtotal and Balance 3.000 03/26/2003 . 0.00 100,000.00 100,000.00 0.00 100,000.00 0.00 Pass Through Securities Subtotal and Balance Brokers Subtotal 0.00 0.00 19.587% 2,865,000.00 99,000.00 296,000.00 2,868,000.00 Brokers: Mischler Financial Group Inc Federal Agency Securities 3133MMDC4 3133MMHV8 10677 Federal Home Loan Bank 10678 Federal Home Loan Bank Subtotal and Balance. 4.102 03/28/2003 4.200 03/28/2003 0.00 100,000.00 0.00 100,000.00 600,000.00 0.00 Brokers Subtotal 2.937% 600,000.00 200,000.00 400,000.00 0.00 200,000.00 400,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133MWRJ2 10827 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 1.468% Run Date: 04/23/2003 -15:07 100,000.00 100,000.00 2.500 03/27/2003 100,000.00 0.00 100,000.00 100,000.00 0.00 200,000.00 0.00 200,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of Nauonal City Activity Report March 1, 2003 - March 31, 2003 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment ft Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10478 Republic National Bank 5.450 03/22/2003 0.00 99,000.00 10669 Guaranty National Bank 3.250 03/12/2003 0.00 99,000.00 10828 Omni National Bank 2.350 03/21/2003 99,000.00 0.00 10829 First State Bank of Conway 2.550 03/24/2003 99,000.00 0.00 Subtotal and Balance 5,944,000.00 Brokers Subtotal 43.638% 5,944,000.00 198,000.00 198,000.00 198,000.00 5,944,000.00 198,000.00 5,944,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 3133MRPF3 10781 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 0.000% 100,000.00 100,000.00 2.750 03/27/2003 0.00 100,000.00 0.00 100,000.00 0.00 0.00 100,000.00 0.00 Total 100.000% 13,719,058.47 997,000.00 1,095,020.97 13,821,037.50 Portfolio CNC 1-0 CC fD DA (PRF_DA) SymRept V5.02f Run Date: 04/23/2003 - 15:07 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT MARCH 31, 2003 ENDING FUND FUND TITLE BALANCE 001 GENERAL FUND 5,876,386.27 103 GENERAL CAPITAL OUTLAY FUND 767,359.68 108 LIBRARY CAPITAL OUTLAY 232,450.57 109 GAS TAXES FUND 1,566,087.06 110 EMERGENCY PREPAREDNESS FUND 39,062.50 113 CULTURAL ARTS FUND 95,000.00 115 PARK & REC CAPITAL OUTLAY FUND 92,150.58 120 PLAN CHECKING REVOLVING FUND 116,961.48 123 GRANT -FAMILIES FOR LITERACY 6,079.31 125 SEWER SERVICE FUND 8,126,805.28 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 238,256.06 131 ASSET FORFEITURE FUND 477,917.08 136 TINY TOT CLASSES FUND 11,424.92 145 JUVENILE EDUCATION FUND 3,001.51 154 STATE PUBLIC LIBRARY FUND 133,031.64 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND 25,619.40 159 GENERAL PLAN UPDATE RESERVE 269,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 35,412.39 172 TRASH RATE STABILIZATION FUND 490,291.89 173 NATIONAL SCHOOL DIST CONTRACT 26,379.00 175 PETROLEUM VIOLATORS ESCROW 5,510.00 176 POLICE REIMBURSED OVERTIME 21,786.28 177 RESTITUITION REIMBURSEMENTS 500.00 178 POLICE HAT BADGES 72.56 179 NPT BUS DONATIONS FUND 614.65 189 CIVIC CENTER REFURBISHING 3,154,154.43 190 30TH STREET CLEANUP FUND - 1303 252,096.35 192 LEASE ESCROW FUND 39,039.02 195 LANDSCAPE RESERVE 899,715.61 196 CAPITAL PROJECT RESERVE 650,618.19 197 PRODUCTIVITY IMPROVEMENT RESER 50,000.00 198 PROPERTY EVIDENCE SEIZURE 15,065.37 200 30TH STREET CLEANUP FUND - 1304 610,615.38 203 PARK SECURITY/GTE LEASE 28,000.00 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 56,615.41 211 SECURITY AND ALARM REGULATION FUND 105,399.21 212 PERSONNEL COMPENSATION FUND 556,049.36 214 EVERY 15 MINUTES GRANT FY1999-2000 2,833.95 216 FULFILL 28,993.47 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 23,854.87 223 FACE TO FACE INFORMATION GRANT FY 00-01 8.19 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 66,134.14 Page 20 227 CLLS MATCHING FUNDS 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 234 EMPLOYEE COMPUTER PURCHASE FUND 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 242 N. CITY LIBRARY MATCHING FUND 270 NUISANCE ABATEMENT FUND 272 LITERACY'INITIATIVES X 303 CAPITAL FACILITIES FUND 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 314 OTS GRANT 343 STATE -LOCAL PARTNERSHIP 345 TRAFFIC CONGESTION RELIEF 363 SECURITY & FIRE ALARM REGULATION FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 719 1911 ACT IMPROVEMENT BONDS 721 LIBRARY TRUST FUND 725 PLANNING 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 727 BUILDING AND SAFETY T & A DEPOSITS TOTAL ALL FUNDS 22,297.91 25.86 38,441.22 15,918.96 20,833.60 62,990.38 62,415.47 48,579.00 24,231.04 78,202.28 359, 318.91 1,587.68 2.61 626,243.40 145,199.07 3,079,776.16 539,571.81 349,294.41 3,024.50 103,227.49 521,937.67 35,972.50 780,607.84 4,596,631.7'5 248, 009.24 2,018,527.90 370,924.54 165,274.00 263,964.47 1,424.52 45,579.02 1,995.00 65, 515.64 5,000.00 39,945,657.64 Page 21 FUND # FUND TITLE MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING MARCH 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 227 CLLS MATCHING FUNDS 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 LOCAL/TRANSNET HIGHWAY 313 GRANT-CMAQ 314 OTS GRANT 316 CALIFORNIA ENERGY COMM GRANT 343 STATE -LOCAL PARTNERSHIP MARCH REVENUE YTD REVENUE 2,002,182.74 20,351,666.49 0.00 25,848.00 0.00 0.00 1,304.30 87,627.37 8,068.84 279,874.81 326,125.04 55,726.19 747,897.87 47,071.97 450.00 51,686.97 8,669.35 71,017.07 11,395.00 22,790.00 367,880.62 3,691,461.59 10,895.00 22,685.00 2,957.47 20,826.75 1,460.00 0.00 0.00 52,321.00 219.50 0.00 6,223.83 0.00 3,689.86 0.00 0.00 9,438.00 0.00 0.00 0.00 0.00 0.00 6,972.00 20,769.00 22,275.00 0.00 0.00 31,747.00 23,797.00 0.00 20,254.00 0.00 0.00 0.00 44.,550.00 51, 821.00 29,002.00 0.00 141,075.00 0.00 0.00 64,670.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 149,840.35 42,331.66 4,180.00 3,000.00 37,373.00 53,283.19 25,283.40 43,415.60 32, 862.39 26,379.00 30,701.07 21, 728.48 2,651.15 59,352.00 2,272.57 12,400.00 6,489.20 367,172.19 152,400.50 36,345.72 186, 921.00 56,693.31 95,336.88 17,052.63 71,895.00 23,797.00 92,969.35 39,705.69 263.08 24, 906.81 (4,443.31) 152,900.00 103,643.00 58,004.00 106,123.00 290;150.00 250.00 128,970.00 349,504.49 890,283.35 484,393.27 84,119.33 145,587.10 3,024.50 5,000.00 (115.02) 345 TRAFFIC CONGESTION RELIEF 0.00 64,881.00 552 TDA 0.00 1,475,961.74 626 FACILITIES MAINT FUND 140,974.00 1,268,766.00 627 LIABILITY INS. FUND 148,727.81 1,527,031.14 628 GENERAL SERVICES FUND 23,331.00 209,979.00 629 INFORMATION SYSTEMS MAINTENANC 29,751.00 267,759.00 630 OFFICE EQUIPMENT DEPRECIATION 46,626.00 420,108.10 631 TELECOMMUNICATIONS REVOLVING 25,769.00 231,964.20 632 GENERAL ACCOUNTING SERVICES 48,100.00 432,900.00 633 UNEMPLOYMENT INSURANCE RESERVE 3,193.00 28,737.00 643 MOTOR VEHICLE SVC FUND 63,139.00 569,744.50 721 LIBRARY TRUST FUND 0.00 (160.36) TOTALS 3,582,152.54 36,707,918.25 Page 23 MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING MARCH FUND NO. FUND TITLE MARCH YTD.MARCH 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 (SLESF) 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 216 FULFILL 218 HIHG INTENSITY PREVENTION ZONE 222 WOW MOBILE GRANT FY 2000-2001 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 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 241 NATIONAL CITY LIBRARY STATE GRANT 242 N. CITY LIBRARY MATCHING FUND 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 LOCAVTRANSNET HIGHWAY 1,639,346.60 17, 318, 591.75 92,123.05 889,037.16 61,475.53 540,545.00 0.00 27,530.14 37,673.00 283,992.65 0.00 20,187.50 (1,320.79) 68,763.25 99.00 891.00 0.00 9,637.25 1,743.08 24,478.84 14,099.85 4,323,565.62 0.00 42,627.42 8,196.77 68,780.01 513.67 1,904.29 0.00 2,216.42 4,335.73 55,908.65 4,397.21 43,464.11 3,795.71 27,179.81 1,177.00 31,254.20 8,710.78 74,781.86 9,030.61 78,417.86 3,454.50 121,708.52 13,906.40 105,052.03 18,876.01 49,668.55 0.00 5,077.05 0.00 8,242.00 2,649.91 16,948.73 3,556.40 8,727.54 0.00 8,094.74 0.00 366,995.53 17,298.19 95,785.09 3,110.58 27,719.48 229,327.64 229,327.64 0.00 46,999.84 0.00 45,068.88 5,442.21 73,298.97 29,403.68 282,058.44 1,500.43 2,935.21 0.00 54,528.13 11,041.72 83,017.98 11,820.07 70,424.38 0.00 10,566.85 0.00 8,987.85 0.00 15,004.08 2,030.64 64,570.91 7,411.68 41,227.53 0.00 9,425.00 0.00 81,891.96 68,573.44 211,947.72 39,135.98 39,135.98 72,681.09 72,681.09 0.00 256,987.69 18,246.54 379,740.67 28,155.16 358,127.77 0.00 65,130.14 41, 532.32 117,076.32 23,372.74 53,217.60 0.00 190,310.48 Page 24 313 GRANT-CMAQ 348 STATE GRANT 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND TOTAL ALL FUNDS 26,865.56 454,049.73 0.00 33,523.15 175.00 88,582.00 173,716.73 1,693,502.88 128, 383.62 1,144,147.07 36,147.43 1,254,635.40 25,232.00 167,786.63 24, 920.91 409, 329.21 25,331.89 332,250.20 18,697.55 158,569.93 42,860.90 448,227.45 206,950.07 851,588.74 3,247,205.79 34,647,655.55 Page 25 City of National City Pooled Investment Transactions Report For the Month of Mar 2003 Date Description Institution Ref. No. Amount Beginning Balance 24,351,190.59 03/06/03 Deposit LAIF 535419 500,000.00 03/20/03 Withdrawal LAIF 311145 (500,000.00) 03/28/03 Deposit LAIF 371620 800,000.00 Ending Balance 25,151,190.59 ,IEETING DATE City of National City, California COUNCIL AGENDA STATEMENT *Refer to Item #3 May 20, 2003 AGENDA ITEM NO. 9 ITEM TITLE A RESOLUTION TO APPROVE A RATE INCREASE FOR EDCO DISPOSAL CORPORATION PREPARED BY Jeff Servatius 336-4580 EXPLANATION See attached report. DEPARTMENT Public Works Environmental Review X N/A Financial Statement Approved Sw The proposed rate increase will fall on all recipients of the trash service. Finance Director A Franchise Fee of 9% will be paid to the City. Account No. STAFF RECOMMENDATION Adopt the attached Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2003-64 1. EDCO letter dated May 7, 2003 2. Caporicici & Larson letter dated April 22, 2003 A-200 (9 99 ) REFUSE RATE RECOMMENDATION FOR FY-04 Basis: The establishment of the rates for trash service is based upon estimated quantities of various components, landfill and yardwaste quantities, recyclables sold and consumer price index (CPI) as related to the cost/price of such components. For the Rate Review, the actual performance for 9 months (July -March) is escalated to 12 months, and the actual total costs/price of budget items is determined, and is compared to budgeted amounts. Overcollection/undercollection by EDCO occurs unless our estimates are uncannily exact. Overcol lection/und ercol lection: For the fiscal year 2003, we used the anticipated rate of $33.35 per ton in the rate calculations. This rate was available to us because of a contract with the Regional Solid Waste Authority (RSWA). During fiscal year 2003, the curbside recycling programs, yardwaste and single stream netted $20,000+ over our projections. We hauled 770 tons more trash than estimated, resulting in a undercollection of $39,000+. This gave us a total of $19,000+ undercollected that is owed to EDCO. Fiscal Year 2004 Rate Factors: We anticipate the Tip Fee Rate for fiscal year 2004 will increase to $34.55 per ton. We also calculate the trash tonnage hauled to remain at the fiscal year 2003 level and we project a $0.60 per ton increase for yardwaste recycling. EDCO is owed the $19,000+ from the undercollection, in addition by contract EDCO is entitled to last year's CPI increase of 3.6%, which they deferred from 7/1/02 to 7/1/03 (to ease the rates). EDCO is also entitled to this year's CPI of 4%. Again to ease the rates for the customers, EDCO is offering to defer last year's 3.6% CPI increase until 7/1/04 but will collect this year's 4%. The Refuse Enterprise Fund was established in fiscal year 1998 to fund AB939 requirements such as hazardous waste disposal, purchasing trash containers for the right-of-way and its primary purpose to help absorb undercollection, that is to stabilize the rate. We will begin fiscal year 2004 with approximately $350,000 in this Fund/Reserve. With our current reserve, the contractor's contribution to the Enterprise Fund which can go up to $150,000 can remain at $50,000 without compromising our ability to pay for AB939 requirements. With the reduced contribution we anticipate an ending Fund balance of $300,000+ for fiscal year 2004. Recommendations: • The Refuse Enterprise Fund for fiscal year 2004 remain at $50,000 • The contractor receive this year's 4% CPI increase and the City accept the EDCO's offer to again defer last year's 3.6% CPI increase • The City Franchise Fee remain at 9% • Increase the single family residential from $14.83 per month to $15.33 per month. Senior residential from $11.86 to $12.26 per month. Commercial/Industrial for one time a week pick-up of a 3 cubic yard bin to increase from $89.67 per month to $92.78 per month, with added collections per week being increased at the same percentage rate. Multi -Family assessed per unit recycling fee be increased from $0.81 to $ 0.84 per month, and the Silver Bags be raised from $1.97 to $2.04 per bag. Subscript It should be noted that if approved, the single family rate history will be as follows; FY-97 $14.36 FY-98 $13.95 FY-99 $13.95 FY-00 $13.95 FY-01 $13.95 FY-02 $14.83 FY-03 $14.83 Proposed for FY-04 $15.33 Future: It should be noted that preliminary review of pertinent factors indicate a fiscal year 2005 rate increase for single family in the range of $0.70 to $1.00 per month, with corresponding increase in other EDCO services. RESOLUTION NO. 2003 — 64 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND EDCO DISPOSAL CORPORATION FOR COLLECTION OF RUBBISH AND TRASH, AND APPROVING A TRASH SERVICE RATE INCREASE WHEREAS, EDCO Disposal Corporation ("EDCO") is the trash hauler for the City of National City, pursuant to an agreement (the "Agreement") dated September 25, 1990, and subsequently amended on June 22 and November 9, 1993, June 21, 1994, September 16, 1997, and June 12, 2001; and WHEREAS, the Regional Solid Waste Association is expected to raise its rate for waste disposal effective July 1, 2003, and EDCO has requested a trash rate increase in accordance with the Agreement, which provides that this type increase be treated as a pass -through cost to trash subscribers; and WHEREAS, the Agreement provides for an annual 3st of living adjustment in trash rates based upon the Consumer Price Index ("CPI") for San Diego; and WHEREAS, EDCO has offered to defer last year's CPI increase of 3.6%, and to accept this year's CPI increase of 4%, which is reflected in the proposed rate increase; and WHEREAS, a public hearing as required by law was held on May 20, 2003, to consider the proposed trash service rate increase; and WHEREAS, the new trash service rates will be comparable to those of surrounding cities; and WHEREAS, the last trash service rate increase for EDCO was in June, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the proposed rate schedule, a copy of which is attached hereto as Exhibit "A", is hereby approved, effective July 1, 2003. Continued on Page Two Resolution No. 2003 — 64 May 20, 2003 Page 2 of 2 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute an Amendment to the Agreement with EDCO Disposal Corporation, dated May 20, 2003. Said Amendment to Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of May, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NAY6ONAL CITY ftATE sc 1EOULE July R, 2003 MONTHLY RATE RUBBISH AND GARBAGE 1. RESIDENTIAL $15.33 Per month residential single family properties For the second and for each additional residential unit In multiple dwellings which $12.09 do not exceed four units 2. MILER PARKS AND MOTELS $10.60 One lime per week, per unit, per month 3. APARTMENT HOUSES $10.'Y7 One time per week, per unit, per month 4. SENIOR CITIZEN RESIDENTIAL. $12.26 Pec month 5. SILVER BAG SERVICE s2.04 Per month G. COMMERCIAL AND J@ DOSTRIAL E nTARL9$HM NT$ up to (2) A0 gallon containers Or (1) 00gallon automated cart S17.55 One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cots $32.68 One time per woek, per month up to (6) 40 gallon containers Or (3) ao gallon automated cart 541,86 Ono time per week, per month EXHIBIT "A" PAGE 1 NATIONAL COY R TE3 CHi=T ULE J RUEI196.44 At6O GARBAGE Up le (8) 40 gallon containers Or (4)90 gallon automated cart e time per r week, per month Up to (10) 40 gallon containers Or (5) 8D gallon automated cart One time per week, pet month Additional or unusual accumulation of rubbish (per cubic yard) BOX TYPE PIVUSE BEYEVICE coU LFcTPUN NUMBE`•R YARD$ FREQUENCY OF BINS PER MONTH 1 1 13 2 1 26 3 1 39 4 1 62 5 1 65 6 1 70 7 1 99 1 2 26 2 2 52 3 2 78 4 2 104 5 2 130 6 2 158 7 2 182 1 3 39 2 3 78 3 3 117 4 3 166 5 3 195 6 3 234 7 3 273 MONTHLY BATE $51.89 $67.77 $17.55 MONTHLY RATE $02.78 $156,62. $220.46 $288,18 $351.60 $417.81 6463.33 $158.50 $284.30 $410.10 $534.02 $657.94 $781.$7 6905.78 $224.21 $408.23 $592.23 $774.35 $958.49 $1,136.61 $1,320.74 EXHIBIT "A" PAGE 2 NATIONAL C TV RATE SCHIEDHL.E July 1, 2003 SOX TYPE REVISE SERVICE COLLECTION NUMBER YARDS FREQUENCY OP DUNS PER MONTH 1 4 52 2 4 104 3 4 156 4 4 208 5 4 260 6 4 312 7 4 364 1 5 65 2 5 130 3 5 195 4 5 260 5 5 325 6 5 390 7 5 455 1 6 78 2 6 156 3 6 234 4 6 312 5 6 39O 6 6 466 7 6 646 MON►HLY RATE $269.93 $532.14 $774.35 $1,014.69 31,256.02 $1,496.38 $1,735.69 $355.65 $656.07 $956.49 $1,247.51 61,538.54 $1.629.57 $2,120.61 $421.36 $779.99 $1,138.61 $1,485,97 $1,833,33 $2,180.68 $2.528.04 EXHIBIT "A" PAGE 3 AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 20th day of May, 2003, by and between the City of National City, hereinafter referred to as "CITY," and EDCO Disposal Corporation, hereinafter referred to as "CONTRACTOR". RECITALS A. On September 25, 1990, CITY and CONTRACTOR entered into an agreement entitled "Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered." B. Said Agreement was amended on June 22, 1993 pursuant to Resolution No. 93-86, and on November 9, 1993 pursuant to Resolution No. 93-176, on June 21, 1994 pursuant to Resolution No. 94-88, on September 16, 1997 pursuant to Resolution No. 97-119, and on June 12, 2001, pursuant to Resolution No. 2001-88. C. CITY and CONTRACTOR now desire to amend the provisions of said Agreement pertaining to the rates charged by CONTRACTOR, due to an increase in the tipping fee, and to reflect an increase in the Consumer Price Index for San Diego. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. That the National City Rate Schedule shall be as shown on Exhibit "A", attached hereto and incorporated herein by reference, beginning July 1, 2003. 2. Except as otherwise provided herein, all of the provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered, dated September 25, 1990, and as subsequently amended, shall remain in full force and effect. Amendment to Agreement- EDCO Collection of Rubbish and Trash May 20, 2003 Page 2 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY Nick Inzunza, Mayor EDCO DISPOSAL CORPORATION (Two Signatures Required) By: Title: By: Title: NATIONAL CITY RATE SCHEDULE July a, 2003 MONTHLY RATE RUEIRtSIA AND GARBAGE Re$IDENTIAL Per month residential single family properties $15.33 For the second and for each additional residential unit in multiple dwellingwhich 12.00 do not exceed four units 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $10.60 3. APARTMENT HOUSES One time per week, per unit, per month $10.77 r 4. SENIOR CITIZEN RESIDENTIAL g12.26 Per month ;u. SILVER SAG SERVICE $2.04 Per month G. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) DO gallon automated cart $T7.55 One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart $32.88 One time per week, per month Up to (6) 40 gallon containers Or (3) all gallon automated can 54I g0 One time per week, per month EXHIBIT "A" PAGE 1 NATIONAL CITY GRATE SCHEDULE July I, 2003 MONTHLY RATE RUD 1SH AND GARBAGE Up to (8) 40 gallon containers Or (4) 90 gallon automated cart $51.89 One time per week, per month Up to (10) 40 gallon containers $67.77 Or (5) 90 gallon automatedpet month One time per weal(, p Additional or unusual accumulation $17.55 of rubbish (per cubic yard) MONTHLY RATE B01( TYPE REFUSE U$E gEp2VICE COLLECTION NUMBER YARDS FREQUENCY OF DINS PER MONTH 1 1 13 2 1 26 3 1 39 4 1 62 5 1 05 6 1 70 7 1 Si 1 2 26 2 2 52 3 2 78 4 2 104 5 2 130 6 2 156 7 2 102 1 3 39 2 3 78 3 3 117 4 3 166 5 3 185 6 3 234 7 3 273 $92.7e $156.62. 6220.46 $266.18 $351.89 $417.81 $423.33 $158.50 $284.30 $410.10 $634.02 $657.94 $905.78 $224.21 $408.23 $592.23 $774.35 6966.49 $1,136,61 $1,320.74 EXHIBIT "A" PAGE 2 NATIONAL CITY RATE SCHEDULE July 1, 2003 SOX TYPE. REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 4 62 $289.93 2 4 104 $532.14 3 4 156 $774.35 4 4 208 $1,014.69 5 4 260 $1,255.02 5 4 312 $1,496.36 7 4 364 $1,735.69 1 5 65 $355.65 $656.07 2 5 195 $955.49 3 5 195 4 5 260 B1,247.51 5 5 325 61,538.54 6 b 390 $1.829.57 .7 5 455 $2,120.61 1 6 78 6421.36 2 6 156 $779.99 3 6 234 81,138.81 4 6 312 $1,485,97 5 6 390 $1,633.33 6 6 460 $2,180.68 7 6 546 $2.528.04 MONTHLY RACE EXHIBIT "A" PAGE 3 6670 Federal Boulevard, Lemon Grove, California 91945 May 7, 2003 City of National City 1243 National Avenue National City, California 92050 [6191287-7555 Fax: [6191287-5242 Honorable Mayor and Members of the City Council: The Refuse Collection and Recycling Agreement between the City of National City and EDCO Disposal Corporation provides for certain periodic rate adjustments. The contract allows for a pass through of changes in the disposal site fee and annual adjustments by the amount of the local consumer price index. As a member of the Regional Solid Waste Association (RSWA), National City has benefited from two years without an increase in the tipping fee. RSWA staff has approved a increase in the tipping fee to $34.55 effective July 1, 2003. EDCO is again pleased to defer an increase in rates related to cost of living,increases in operating expenses for this year. Based on city staff direction, the Trash Enterprise Fund contribution will be the maintained for the coming year. EDCO continues to offer a 20% discount for senior citizens in National City. As in prior years, EDCO's requests for rate increases have been subjected to independent review by an auditing firm of the City's choice. The report from Capporici & Larson supports our rate proposal. Please approve the attached rate schedule to be effective July 1, 2003. As always, thank you for your consideration. Respectfully, EDCO Disposal Corporation John Snyder General Manager w ww. e d co d i s p o s e I. c o m A VVAS T E COLLECTION. AND RECYCLING COMPANY Printed on (Recycled Paper NATIONAL CITY RATE SCHEDULE July 1, 2003 RUBBISH AND GARBAGE CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 9. RESIDENTIAL Per month residential single family properties $14.83 $15.33 For the second and for each additional residential unit in multiple dwellings which $11 f39 $12 U9 do not exceed four units 2_ TRAILER PARKS AND MOTELS One time per week, per unit, per month $10.26 $10.60 3. APARTMENT HOUSES One time per week. per unit, per r month $10.42 $10.77 4. SENIOR CITIZEN RESIDENTIAL $11.e6 $12.26 Per month S. SILVER BAG SERVICE Per month $1.97 $2.04 G. COMMERCIAL AND INDUSTRIAL LSi A®LISHMENTS Up to (2) 40 Batton containers Or (1) 00gallon automated cart $96 .96 $17.55 One time per week per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart $31.57 $32.66 One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart $40.57 �41.9tS One time per week, per month NATIONAL CITY RATE SCHEDULE July 1, 2003 RUBBISH AND GARBAGE CURRENT PROPOSED MONTHLY MONTHLY RATE RATE Up to (8) 40 gallon containers Or (4) 90 gallon automated cart y50.15 $51.89 One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart $65.50 $6T.77 One time per week, per month Additional or unusual accumulation $16 96 $17.55 of rubbish (per cubic yard) CURRENT PROPOSED MONTHLY MONTHLY BOX TYPE REFUSE SERVICE RATE RATE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 1 13 $69,67 $92.78 2 1 26 $151.37 $158.62 3 1 39 $213.07 $220.46 4 1 52 $216.58 $286.18 5 1 65 5344.10 $351.89 6 1 78 $403.61 $417.81 7 1 91 8467.12 6463.33 2 26 $153.18 $156.50 2 2 52 $274.77 $284.30 3 2 78 $396.36 $410.10 4 2 104 5515.12 $5314.02 5 2 130 $635.69 $657.94 6 2 156 $7765.62S $781.87 7 2 102 $875.42 $905.78 1 3 39 5216 70 $224.21 2 3 78 $394.54 $408.23 3 3 117 $572.30 $592.23 4 3 156 5748.40 $774.35 5 3 195 $924.43 $956.49 6 3 234 ;1,100.45 $1138.61 7 3 273 $1,276 47 $1,320.74 NATIONAL, CITY RATE SCHEDULE July 1, 2003 CURRENT PROPOSED MONTHLY MONTHLY SOX TYPE REFUSE SERVICE RATE RATE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 4 52 8280.21 $289.93 2 4 104 $514.30 $532.14 3 4 156 $748.40 $774.35 4 4 208 $980.67 $1,014.69 5 4 260 $1,212.95 $1,255.02 6 4 312 $1,445.23 $1,495.36 7 4 364 $1,677.51 $1,735.69 1 5 65 $343.72 $355.65 2 5 130 $634.08 $056.07 3 5 195 $924.43 $956,49 4 5 260 $1,205.70 51,247.51 5 5 325 51,486,97 61,538.54 6 5 390 61,768.24 $1.829.57 7 5 455 $2,049.52 $2,120.61 1 6 78 $407.24 $421.36 2 6 156 9753.85 5779.99 3 6 234 $1,100.45 $1,138.61 4 6 312 $1,436,16 $1,485.97 5 6 390 $1.771.88 $1,833,33 6 6 468 92,107.68 92,180.68 7 6 546 $2,443.30 $2,528.04 City of National City National City, California Report on Agreed -Upon Procedures Applied to EDCO Disposal Corporation For The Fiscal Year 2003 ® 2004 C&L Caporicci & Larson Certified Public Accountants EDCO DISPOSAL CORPORATION TABLE OF CONTENTS Page Independent Auditors' Report on Applying Agreed -Upon Procedures 1 Exhibit A — Agreed -Upon Procedures 2 CL Caporicci & Larson Certified Public Accountants (Formerly Calderon, Jaham & Osborn of San Diego) INDEPENDENT AUDITORS' REPORT ON APPLYING AGREED -UPON PROCEDURES To the City Council of the City of National City National City, California We have performed the agreed -upon procedures enumerated in Exhibit A which were agreed to by the City of National City and EDCO Disposal Corporation ("EDCO") (collectively, "the Specified Parties"), solely to assist you and EDCO with respect to evaluating components of the fiscal year 2003 — 2004 Refuse Rate Analysis for the City of National City. We have applied the procedures documented in Exhibit A to this report in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of the use •s'f this report. Consequently, we make, no representation regarding the sufficiency of the procedures described in Exhibit A, either for the purpose for which this report has been requested or for any other purpose. We were not engaged to, and did not perform an audit, the objective of which would be to express an opinion on the information referred to above. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the use of the City of National City and should not be used by those who have not agreed to the procedures and taken responsibility for the sufficiency of the procedures for their purposes. April 22, 2003 E Ph: (619) 234-5137 Fax: (619) 234-5162 Toll Free Ph: (877) 862-2200 Toll Free Fax: (866) 436-0927 Oakland Orange Comity Sacramento San Diego 180 Grand Ave., Suite 1365 3184-1) Airway Avenue 777 Campus Commons Rd., Suite 200 600 "R" Street, Suite 1900 Oakland, California 94612 Costa Mesa, California 92626 Sacramento, California 95825 San Diego, California 92101 EDCO DISPOSAL CORPORATION AGREED -UPON PROCEDURES EXHIBIT A The procedures we performed, which relate primarily to the City of National City's fiscal year 2003-2004 Refuse Rate Analysis, are summarized as follows: 1. Requested EDCO's internally prepared financial statements for the eight months ended January 31, 2003, and the audited financial statements for the year ended May 31, 2002. 2. Agreed the fiscal 2003 refuse rate from EDCO's prior year's calculation to the refuse rate used in EDCO's fiscal 2004 refuse rate calculation proposal provided on April 1, 2003. 3. Obtained information from the U.S. Department of Labor — Bureau of Labor Statistics and agree such information to the amount used in the Consumer Price Index ("CPI") adjustment in the fiscal 2004 refuse rate calculation provided in EDCO's proposal provided on April 1, 2003. 4. Proved the mathematical accuracy of franchise fees due to National City for the period from April 1, 2002 to March 31, 2003, to ascertain that they were calculated based on 9% of cash collected as reported in EDCO's underlying financial records. 5 Reviewed the franchise fee remittances made to National City by EDCO for the period from April 1, 2002 to March 31, 2003 to ascertain that they were made on a monthly basis and agreed remittances reported to remittances received by the City of National City. 6. Agreed the San Diego County estimated landfill tip fee projected in the FY03-04 rate review process to the Agreement for Transfer and Disposal Services between Regional Solid Waste Association and EDCO Disposal Corporation. 7. Agreed the actual tons of refuse collected to two haphazardly selected days in the period from July 1, 2002 to March 31, 2003 to EDCO's supporting landfill tickets. 8. Proved the mathematical accuracy of the difference between the actual annualized revenues from EDCO's sale of recyclables and EDCO's projected revenues from the sale of recyclables used in the fiscal 2002 refuse rate. 2 EDCO DISPOSAL CORPORATION AGREED -UPON PROCEDURES EXHIBIT A, Continued 9. Agreed total tons of recyclable materials collected to underlying accounting records for two randomly selected months. From the underlying records provided by EDCO, randomly selected five daily recyclable totals and agreed those totals to supporting work tickets. Compared actual recycling rates to three randomly selected recycling receipts. 10. Proved the mathematical accuracy of EDCO's proposed effect of franchise fees on the fiscal 2004 refuse rate in the proposal provided on April 1, 2003. 11. Proved the mathematical accuracy of the percentage effect of the yard waste disposal fee change on the fiscal 2004 refuse rate contained in EDCO's proposal provided on April 1, 2003. 12. Agreed the 2004 coverage levels of insurance in force to the it. trance provider's certificate of insurance to ascertain that such coverage was in compliance with contractual requirements. 3 MEETING DATE: May 20, 2003 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLE: RESOLUTION 2003- : APPROVING THE APPOINTMENT OF THE CDC BOARD TO ACT AS THE RELOCATION APPEALS BOARD PREPARED BY: Paul Desrochers, EXPLANATION: DEPARTMENT Community Development Commission Executive Director (619) 336-4250 Under Section 33417.5 of the Health and Safety Code and Title 1, Chapter 16, Section 7260 of the California Govern- ment Code, Relocation Assistance Law, a Relocation Appeals Board shall promptly hear all complaints relating to reloca- tion brought by CDC/City action. Membership to such board shall be appointed by the Chairman and affirmed by the Board. A total of five members shall be appointed and shall be specially qualified to act as a Board member by reason of experience in real estate, human relations, housing and urban development, redevelopment or other relevant busi- ness or profession. Currently the CDC is in negotiations over relocation benefits for Tri State Steel, Inc, located at 2131 Harrison Ave., Na- tional City, California. This property is located in our Harbor District Redevelopment Area. Under Title 1, Chapter 16 Section 7260 of the California Government Code, Tri Steel has rejected the CDC's offer for relocation benefits, deeming the negotiated benefits "inadequate" and has opted to file a motion of appeal to the National City Relocation Appeals Board (Exhibit "A"). r Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Approve above referenced resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Exhibit "A" Resolution No. 2003-65 i RESOLUTION NO. 2003 65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPOINTMENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") BOARD TO ACT AS THE RELOCATION APPEALS BOARD WHEREAS, Under Section 33417.5 of the Health and Safety Code, and Title 1, Chapter 16, Section 7260, of the California Government Code, Relocation Assistance Law, the Mayor with the approval of the City Council has the power to appoint a Relocation Appeals Board; and WHEREAS, the Community Development Commission of the City of National City ("CDC") requires the appointment of a Relocation Appeals Board to provide oversight over complaints relating to relocation brought by persons displaced by CDC Action and in cases resulting from redevelopment projects; and WHEREAS, CDC recommends that the Relocation Appeals Board be composed of the existing CDC Board. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby approves the appointment of the CDC Board to act as the Relocation Appeals Board. PASSED and ADOPTED this 20' day of May, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney EXHIBIT "A" Section 33417.5. Relocation Appeals Board; Appointment of Member. There is a in each city, county, or city and county having an agency a relocation appeals board composed of five members appointed by the Mayor of the city or by the chairman of the board of supervisors of the county, subject to the approval of the legislative body. Each board shall promptly hear all complaints brought by residents of the various project areas relating to relocation and shall determine if the redevelopment agency has complied with the provisions of this chapter and where applicable, federal regulations. The board shall, after a public hearing, transmit its finding and recommendations to the agency. The members of the reallocation appeals board shall serve without compensation, but each of the members shall be reimbursed for his necessary expenses incurred in performance of his duties, as determined by the legislative body. California Government Code Title 1, Chapter 16, Section 7266 (a) If a relocation appeals board has been established pursuant to section 33417.5 of the Health and Safety Code, a city by ordinance may designate the board to hear appeals from all public entities, except those state agencies which have an appeal process, on the eligibly for, or amount of, a payment authorized by this chapter. (b) Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by this chapter may have the application reviewed by the public entity or by the relocation appeals board if authorized under subdivision (a). The review of a determination by a community redevelopment agency may only be made by a relocation appeals board established pursuant to section 33417.5 of the Health and Safety Code. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 20, 2003 *Continued f.viu 5/6/03 Council Meeting AGENDA ITEM NO. 11 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 EXT. 4514 DEPARTMENT POLICE al5e/ 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 Account No. STAFF RECOMMENDATION Authorize the City Manager to approve contract for five (5) hears through June 30, 2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. 2003-66 1) A San Diego Metropolitan Transit Developemnt Board "Third Admendment to Agreement for Administration of Taxicab and other For Hire Vehicles Regulations." A-200 (9/80) RESOLUTION 2003 — 66 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 agr, :meat 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 20th day of May, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: oso Michael Dalla, City Clerk George H. Eiser, Ill, City Attorney trepolitanTransitDevelopment 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 proposeto continue MTDB's services related to regulation of National City's taxicab, charter, jitney, nonemergency medical, and sightseeing vehicles. Accordingly, we have enclo ed our proposed Third Amendment that would extend the current agreement fur five years, from July 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 U Taxicab Administration Subsidiary Corporations: ®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 website 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, nonernergency 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 Tom McCabe City Manager SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD Thomas F. Larwin General Manager WE HEREBY APPROVE the form -and legality of the foregoing Agreement. City Attorney - Office o eral Count Date: Date: y/►?l° PSmith/SChamp/CITYREN EWAL TAXIAMEND MENT.NATI O NALCITY 4/17/03 -2- MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 3, 1998 AGENDA ITEM NO 1 i 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 QEPARTMENT Police Department Alit_ 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 pars 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 Financial Statement No financial impact. x N/A 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.100 (Re. •!1:• 1%Xr2n+n!v. 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 v ° sicles 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; follows: NOW THEREFORE, in consideration of the above, the City and MTDB agree as 1. MTDB will adopt, administer, and enforce its taxicab and other for -hire vehicles ordinance, policies, and regulations asin 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 30 - day of *--),YjG 1-r4 1998. THE CITY OF NATIONAL CITY George H. W ters Mayor WE HEREBY APPROVE the form and legality George H. Eiser, III City Attorney Date: Kyarno/Ltresc AG-NATIONAL.JLIMBE 1/13/98 SAN DIEGO .METROPOLITAN TRANSIT DEVELOPMENT BOARD " Thomas F. Larwin General Manager of the foregoing Agreement. Jack Limber General Counsel Date: r City of National City, California COUNCIL AGENDA STATEMENT ,AEETING DATE May 20, 2003 12 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.38 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS PREPARED BY Rudolf Hradecky X4222 EXPLANATION This ordinance revises Chapter 9.38 to address federal preemption issues that were ruled upon by the United States Supreme Court in the case of Lorillard v. Reilly, 533 U.S. 525 (2001). The Lorillard case held that restrictions on cigarette advertising and restrictions that impeded cigarette promotional sales were illegal. The City council adopted this chapter regulating tobacco sales to minors prior to the Lorillard case. We recently received a letter from a law firm representing the R.J. Reynolds Co. alerting us to the potential for a lawsuit and attorney fees. Under federal law(15 U.S. Code section 1332, et seq.), no public agency or state may regulate cigarette advertising or promotions when the package bears certain prescribed language (e.g., "The Surgeon General has determined, etc "). The net effect is that a portion of the current chapter 9.38 requires revision in order to not subject the City to damages. However, the federal law only applies to cigarettes and doer not apply to other tobacco products. Therefore, the revisions have becn carefully dratted to maintain the maximum permissible amount of restrictions on advertising of tobacco products and regulations denying access of minors to tobacco products and cigarettes, while observing federal requirements and restrictions now imposed by the Lorillard case and some other federal cases construing the federal statutes on advertising of cigarettes. DEPARTMENT City Attorney Environmental Review X N/A ti Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Strike -out version of ordinance Proposed ordinance fie.. A-200 t999i Chapter 9.38 RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS Sections: 9.38.010 Purpose and intent. 9.38.020 Definitions. 9.38.030 Measure of distance. 9.38.040 Restrictions on Ipcation of tobacco products and advertising display; ( Deleted: inside retail estabfehments 9.38.050 Exceptions to location of tobacco products and advertising displays inside retail establishments. 9.38.060 Self-service sale and distribution of tobacco products or cigarettes- -Prohibited. 9.38.070 Restrictions on distribution of free tobacco samples, promotional items or cigarettes to minors, 9.38.080 Posting of signs regarding tobacco products and cigarette sales to minors. 9.38.090 Extensions for compliance. 9.38.100 Enforcement. Section 9.38.010 Purpose and intent. It is the purpose and intent of the city council to enact regulations further restricting the sale or display of tobacco products and cigarettes in the city La minors, beyond that provided for by state law.. Accordingly, the council, enacts the following regulations as not preempted by the Federal Cigarette Labeling and Advertising Act, 15 U.S. Code sec. 1332, etsea. Section 9.38.020 Definitions. For purposes of this chapter: A. "Advertising display" means a sign, sign -board, billboard, poster, or banner that is temporarily or permanently placed within a building, or,displayed in the window(s) of a commercial establishment.Jo advertise or promote products. It does not include printed material on the container of a product sold at retail. B. "Playground" means any outdoor premises or grounds owned or operated by the city, a public or private school, childcare center, or youth or recreational center, that contains any play or athletic equipment used or intended to be used by minors. C. "Recreation center or facility" means any recreation center or facility under the control, direction or management of the city. D. "School" means any public or private elementary or secondary school, attendance at which satisfies the compulsory education laws of the state of California E. “Self-service display" means an open display of tobacco products or cigarettes to which ythe public has access without the intervention of an employee. F. "Tobacco advertising display" means an advertising display that concerns tobacco products. { Deleted: L Fonnatted: Font pt „ - - - Deleted: Distribution of free tobacco samples or promctional items — Prohibited Deleted: governing Deleted: as a menace affecting the pubic health and welfare of Rs aims and particularly Deleted:. for the reasons e in the preamble to the orcinan codified in this chapter, Deleted:. Deleted: is Deleted:, and is used { Deleted: that --(Deleted:to G. "Tobacco product" means any substance or product other than cigarettes containing tobacco leaf, induding but not limited to, cigars, pipe tobacco, snuff, chewing - tobacco, and dipping tobacco. H. "Tobacco retailer' or "tobacco retail store" means any person or business entity that sells any 'tobacco product" or "cigarettes", and includes an employee of that person or business entity. Any retail establishment selling 'tobacco products" or "cigarettes" incidental to other merchandise qualifies within this definition. I. "Cigarette", as used in this chapter and as defined by 15 U.S. Code sec. 1332, f means (1) any roll of tobacco wrapped in paper or in any substance not containing __ tobacco; and,(2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by. consumers as a cigarette described in subparagraph 1(1). J."Vendor-assisted" means that only a store employee has access to particular product and assists a customer by supplying the product, and the customer does not take possession of the product until it is purchased. Section 9.38.030 Measure of distance. The distance between any $obacco I retail store and any school, playground, recreation center or facility, childcare center, or library, shall be measured in a straight line, without regard to intervening structures, from the exterior of the tobacco retail store $o the closest property line of the school, i ;r playground, recreation center or facility, childcare center, or library. Section 9.38.040 Restrictions on Jocation of tobacco products, And tobacco „-' advertising displays,. f1. it is unlawful for any $obac co retailer to place, ,maintain, or cause to be placed or maintained any $obac co product or tobacco advertising display,within two feet of any randy, snack, or non-alcoholic beverage display inside p tobacco retail store ,located within one thousand feet11,000') of Any school, playground, recreation center or facility, childcare center or library. B. Except as allowed in Section 9.38.040A, it is unlawful for any person to advertise tobacco products within one thousand feet (1,000') of any school, playground, recreation center or facility, childcare center or library. Section 9.38 050 Exce 'o s to location of tobacco roducts and a vertisin displays inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law. B. Section 9.38.04Q does not apply in any establishment to displays containing tobacco products which are not accessible and ,visible to patrons, or to displays located above, behind or below a sales counter ,which are not accessible to `. patrons. Any display containing tobacco products shalt not be used as an "advertising display" as defined in Section 9.38.020. 2 { Deleted: cigarettes, Formatted: Left, Indent Fost fine: 0.5", digit: 0' - J { Formatted: Font Not Bold Deleted: the tobacco , Deleted: store or business that sells 1 tobacco products ( Deleted: or business Deleted: Deleted: inside tobacco mail Lasted. 1. Deleted: esfe tvnents Deleted: stores { ioeerted:re3 Deleted: A. Deleted: person, business, or Deleted: or { Deleted:, Deleted:, Deleted: displays containing Deleted: s Deleted: stores or bust Deleted: that are ( Deleted: the premises n Deleted: B.. It is unlawful for any person, business, or tobacco mailer to place or maintain, or cause to be placed or maintained, any tobacco advertising display within two feet of candy, snack, or i.mmlmtidic beverage displays, inside stores or businesses that sell tobacco products and which are located within one thousand feet of the premises of any school, playground, recreation center or faddy, childcare center, or library. Deleted:11 Delete:11 Deleted: not Deleted: and Section 9.38.060 Self-service sale and distribution of tobacco products or cigarettes —Prohibited. It is unlawful for any tobacco retailer to sell, permit to be sold, offer for sale, or display for purposes of sale, by means of self-service displays or by any means other than vendor -assisted sales, any tobacco products or cigarettes. Section 9.38.070 Restrictions on jiistribution of free tobacco samples, promotional items or cigarettes to minors,. A. tt is unlawful for any ,)tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted. B. It is unlawful for any tobacco retailer to permit or allow a minor to be within six feet of any area or display where cigarettes are distributed free or at reduced cost as part of a promotion. Section 9.38.080 Posting of signs regarding tobacco products and cigarette sales to minors. A. Every jobacco retailer shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products and cigarettes to persons under eighteen years of age is prohibited by law and subject to penalties. The notice shall also state that photo identification is required to purchase tobacco products. The letters of the sign shall be at least one-half inch in height. B. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting requirements of California Penal Code Section 308(c), satisfiessubsection A of this section. Section 9.38.090 Extensions for compliance. A. Any business that needs to make modifications to its business premises or advertising practices in order to comply with Sections 9.38.040, 9.38.060, or 9.38.080 of this chapter must comply within sixty calendar days afterkune,30, 2003. B. Any business over may apply to the city manager, through the planning director, for a reasonable extension of time within which to comply with Sections 9.38.040, 9.38.060 or 9.38.080 of this chapter, provided that the application for extension is submitted on or before the last day of the sixty day compliance period. C. An extension may be granted only for good cause for a maximum of one year from the effective date. "Good cause" means that the extension is necessary to prevent the business from suffering unreasonable financial hardship, or to prevent unreasonable disruption in business operations. Section 9.38.100 Enforcement. A. Violations of this chapter shall be prosecuted as infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses, subject to the penalties provided in Section 1.20.010 of this code. In addition, injunctive relief, civil penalties or administrative remedies provided in Title 1 of this code, may be sought or imposed for violations. B. This chapter may be enforced by any police officer, building inspector, - code conformance officer, business license inspector or fire inspector. 3 { Deleted: person, business, or { Deleted: { Deleted.. { Deleted: Deleted: or Deleted: — Prohibited Deleted: person, business, or Deleted: person who setts or deals in tobacco products J { Deleted: subsectioNs Deleted: C. - It is unlawful for any person who sells or deals in tobacco products to fail to post a sign in accordance wth sutsectums A or B of this section. ¶ --{ Deleted: May 4, 2000 Formatted: lustt d, Indent: First 051", Right 0.01' { Deleted: It ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.38 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Chapter 9.38 of the National City Municipal Code is amended in its entirety to read as follows: Chapter 9.38 RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS Sections: 9.38.010 Purpose and intent. 9.38.020 Definitions. 9.38.030 Measure of distance. 9.38.040 Restrictions on location of tobacco products and advertising displays. 9.38.050 Exceptions to location of tobacco products and advertising displays inside retail establishments. 9.38.060 Self-service sale and distribution of tobacco products or cigarettes- -Prohibited. 9.38.070 Restrictions on distribution of free tobacco samples, promotional items or cigarettes to minors. 9.38.080 Posting of signs regarding tobacco products and cigarette sales to minors. 9.38.090 Extensions for compliance. 9.38.100 Enforcement. Section 9.38.010 Purpose and intent. It is the purpose and intent of the city council to enact regulations further restricting the sale or display of tobacco products and cigarettes in the city to minors, beyond that provided for by state law. Accordingly, the council enacts the following regulations as not preempted by the Federal Cigarette Labeling and Advertising Act, 15 U.S. Code sec. 1332, et seq. Ordinance No. 2003 — Page 2 of 4 Section 9.38.020 Definitions. For purposes of this chapter: A. "Advertising display" means a sign, sign -board, billboard, poster, or banner that is temporarily or permanently placed within a building or displayed in the window(s) of a commercial establishment to advertise or promote products. It does not include printed material on the container of a product sold at retail. B. "Playground" means any outdoor premises or grounds owned or operated by the city, a public or private school, childcare center, or youth or recreational center, that contains any play or athletic equipment used or intended to be used by minors. C. "Recreation center or facility" means any recreation center or facility under the control, direction or management of the city. D. "School" means any public or private elementary or secondary school, attendance at which satisfies the compulsory education laws of the state of California. E. "Self-service display" means an open display of tobacco products or cigarettes to which the public has access without the intervention of an employee. F. "Tobacco advertising display" means an advertising display that concerns tobacco products. G. "Tobacco product" means any substance or product other than cigarettes containing tobacco leaf, including but not limited to cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco. H. "Tobacco retailer" or "tobacco retail store" means any person or business entity that sells any "tobacco product" or "cigarettes", and includes an employee of that person or business entity. Any retail establishment selling "tobacco products" or "cigarettes" incidental to other merchandise qualifies within this definition. "Cigarette", as used in this chapter and as defined by 15 U.S. Code sec. 1332, means : (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph 1(1). J. "Vendor -assisted" means that only a store employee has access to a particular product and assists a customer by supplying the product, and the customer does not take possession of the product until it is purchased. Section 9.38.030 Measure of distance. The distance between any tobacco retail store and any school, playground, recreation center or facility, childcare center, or library, shall be measured in a straight line, without regard to intervening structures, from the exterior of the tobacco retail store to the closest property line of the school, playground, recreation center or facility, childcare center, or library. 2 Ordinance No. 2003 — Page 3 of 4 Section 9.38.040 Restrictions on location of tobacco products, and tobacco advertising displays. A. It is unlawful for any tobacco retailer to place, maintain or cause to be placed or maintained any tobacco product or tobacco advertising display within two feet of any candy, snack, or non-alcoholic beverage display inside a tobacco retail store located within one thousand feet (1,000') of any school, playground, recreation center or facility, childcare center or library. B. Except as allowed in Section 9.38.040A, it is unlawful for any person to advertise tobacco products within one thousand feet (1,000') of any school, playground, recreation center or facility, childcare center of library. Section 9.38.050 Exceptions to location of tobacco products and advertising displays inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law. B. Section 9.38.040 does not apply in any establishment to displays containing tobacco products which are not accessible and visible to patrons, or to displays located above, behind or below a sales counter which are not accessible to patrons. Any display containing tobacco products shall not be used as an "advertising display" as defined in Section 9.38.020. Section 9.38.060 Self-service sale and distribution of tobacco products or cigarettes --Prohibited. It is unlawful for any tobacco retailer to sell, permit to be sold, offer for sale, or display for purposes of sale, by means of self-service displays or by any means other than vendor -assisted sales, any tobacco products or cigarettes. Section 9.38.070 Restrictions on distribution of free tobacco samples, promotional items or cigarettes to minors. A. It is unlawful for any tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted. B. It is unlawful for any tobacco retailer to permit or allow a minor to be within six feet of any area or display where cigarettes are distributed free or at reduced cost as part of a promotion. Section 9.38.080 Posting of signs regarding tobacco products and cigarette sales to minors. A. Every tobacco retailer shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products and cigarettes to persons under eighteen years of age is prohibited by law and subject to penalties. The notice shall also state that photo identification is required to purchase tobacco products. The letters of the sign shall be at least one-half inch in height. 3 Ordinance No. 2003 - Page 4 of 4 B. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting requirements of California Penal Code Section 308(c), satisfies subsection A of this section. Section 9.38.090 Extensions for compliance. A. Any business that needs to make modifications to its business premises or advertising practices in order to comply with Sections 9.38.040, 9.38.060, or 9.38.080 of this chapter must comply within sixty calendar days after June 30, 2003. B. Any business owner may apply to the city manager, through the planning director, for a reasonable extension of time within which to comply with Sections 9.38.040, 9.38.060 or 9.38.080 of this chapter, provided that the application for extension is submitted on or before the last day of the sixty day compliance period. C. An extension may be granted only for good cause for a maximum of one year from the effective date. "Good cause" means that the extension is necessary to prevent the business from suffering unreasonable financial hardship, or to prevent unreasonable disruption in business operations. Section 9.38.100-, Enforcement. A. Violations of this chapter shall be prosecuted as infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses, subject to the penalties provided in Section 1.20.010 of this code. In addition, injunctive relief, civil penalties or administrative remedies provided in Title 1 of this code, may be sought or imposed for violations. B. This chapter may be enforced by any police officer, building inspector, code conformance officer, business license inspector or fire inspector. PASSED and ADOPTED this day of , 2003. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla City Clerk George H. iser, Ill City Attorney 4 City of National City, California COUNCIL AGENDA STATEMENT ,IEETING DATE May 20, 2003 TEM TITLE AGENDA ITEM NO. An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code relating to Business and Franchise Taxes by amending Chapters 6.04 (Business Taxes) and 6.20 (Residential Rental Taxes), (continued below) PREPARED BY DEPARTMENT Zinda Jimenez �� Finance EXPLANATION Please see attached Staff Report. "Continuation of Item Title above" recodifying and renumbering chapter 6.70 into Title 4 as Chapter 4.50 relating to Building Construction Fees, and repealing Chapter 6.14 (Adult Movies and Bookstores), 6.18 (Amusement Arcades), 6.22 (Auctions and Auctioneers), 6.24 (Bowling Allc°'s), 6.30 (Dance Halls), 6.34 (Delivery Services), 6.44 (Going out of Business Sales), 6.A4 (Pawn Brokers), 6.60 (Swapmeets) 6.62 (Mobile Home Parks), 6.64 (Mobile Amusement Vehicles), 6.66 (Mobile Searchlight Advertising), 6.68 (Towing Services), 6.73 (Video Machines), and amending Title 10, by adding Chapter 10.57 regulating Swapmeets. Environmental Review X N/A Financial Statement N/A Approved Bye Marylou Matienzo Finance Dire • r Account No. N/A STAFF RECOMMENDATION Staff recommends approving the Ordinance. BOARD ( COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Staff Report 2. Ordinance 200 19 99 Resolution No. STAFF REPORT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO BUSINESS AND FRANCHISE TAXES BY AMENDING CHAPTERS 6.04 (BUSINESS TAXES) AND 6.20 (RESIDENTIAL RENTAL TAXES), RECODIFYING AND RENUMBERING CHAPTER 6.70 INTO TITLE 4 AS CHAPTER 4.50 RELATING TO BUILDING CONSTRUCTION FEES, AND REPEALING CHAPTERS 6.14 (ADULT MOVIES AND BOOKSTORES), 6.18 (AMUSEMENT ARCADES), 6.22 (AUCTIONS AND AUCTIONEERS), 6.24 (BOWLING ALLEYS), 6.30 (DANCE HALLS), 6.34 (DELIVERY SERVICES), 6.44 (GOING OUT OF BUSINESS SALES), 6.54 (PAWN BROKERS), 6.60 (SWAPMEETS) 6.62 (MOBILE HOME PARKS), 6.64 (MOBILE AMUSEMENT VEHICLES), 6.66 (MOBILE SEARCHLIGHT ADVERTISING), 6.68 (TOWING SERVICES), 6.73 (VIDEO MACHINES), AND AMENDING TITLE 10, BY ADDING CHAPTER 10.57 REGULATING SWAPMEETS EXECUTIVE SUMMARY The proposed revisions to the Business License Tax are designed to improve administration and clarify procedures. The proposed revisions do not change the existing business tax structure or impose any new or higher taxes. This ordinance reorganizes Title 6 of the Municipal Code into a more functional orientation. Title 6 is currently titled "Business License and Regulation". It is proposed that Title 6 be titled instead "Business and Franchise Taxes" and that those provisions which purport to be regulatory be functionally integrated into other Titles and Chapters. Over a number of years, additions to Title 6 and Chapter 6.04 affected the cohesiveness of the business tax structure, by trying to accomplish regulatory goals rather than fiscal administration. These proposed amendments to Chapter 6.04 would return the business tax code to a primary revenue function, with however a generic minor regulatory mechanism concerning fraudulent business or consumer protection practices by licensed businesses. The impetus for the proposed changes arose from the need to improve administration of the business license provisions contained in chapter 6.04. That chapter concerns collection and administration of the business license tax. It is not a regulatory mechanism for regulating business. However, many of the other Staff Report - Amending Title 6 May 20, 2003 Page 2 of 12 chapters in Title 6 purport to be regulatory, based upon a premise that the "business license" can also be used as a regulatory device (permit) to close down a business by revoking the "license". In neither practice nor theory has this been possible, and that approach did not result in any definable benefit to the city. In addition, many of the Title 6 regulations were found to be antiquated, unusable or inefficient. There has been no instance of any attempted revocation as a regulatory or enforcement mechanism either. In conjunction with the Police Department, the finance department, and other City departments, it was decided to propose a reorganization of Title 6 into a functional approach. Title 6 would address City revenues from franchises, business taxes and residential rentals, and the balance of its provisions would be reassigned to Title 9 for health regulated issues, Title 10 for police and public safety and Title 11 for vehicles and traffic safety. In addition, the provisions of Chapter 6.70 relating to construction fees would be added to Title 4 as a new Chapter 4.80 because the construction fee is not tax related revenue. A prior ordinance relocated chapters from Title 6 dealing with police department concerns in the field of adult oriented entertainment, massage establishments, escort services, and gambling and related industries with high potential for vice and fraudulent practices into Title 10. The following rearrangement of Title 6 is proposed through this ordinance: CHANGES TO CHAPTER 6.04 (BUSINESS LICENSE AND TAXES) Chapter 6.04 dealing with business licenses is to be revised in its entirety. The amendments do not alter the tax structure or increase taxes and therefore are not required to be submitted to a vote of the electorate under Proposition 218. The previous concepts and regulations of Chapter 6.04 have generally been kept, but the language is changed for clarification. The text is organized into nine divisions and two appendices. Notable changes are listed below in the paragraph captioned "Significant Changes to Prior Code." 2 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 3 of 12 Our discussion, analysis, and summarization follows: Division l — General This division reaffirms that the purpose of Chapter 6.04 is to raise revenue for the General Fund for the privilege of conducting business and receiving the benefits of City services (6.04.010). All for -profit entities conducting business within the city are required to obtain a business license and pay a tax. Non-profit and exempted entities must apply for and obtain a business license but are not required to pay a tax. Payment of tax and issuance of a tax license does not exempt a business from compliance with other ordinances. The tax license does not substitute for any other permit that may be required for doing business at a particular site (6.04.020). This chapter Jecodifies and amends the existing business tax laws (6.04.030). It also recodifies and republishes the previously adopted tax rates and schedules from Ordinance Nos. 1606 and 2037 and other previous tax ordinances into Appendices A and B to this Chapter. Finally the ordinance provides for judicial severability and interpretation to maintain continuity of administration (6.04.040). Division II — Definitions This division consists of a single section, Section 6.04.050, containing an alphabetical listing of terms used throughout Chapter 6.04. Alphabetical listing without subsection designation allows for future amendment without disruption of the numbering system. The definitions do not contain any regulatory provisions within their text; instead, regulations are relegated to other sections. Division 111 — Adminis tration This division restates the authority of the collector to implement the business tax code by making interpretative rulings to aid in enforcement and administration (6.04.060). Exemptions from taxation or the application of the chapter are based on statute and interpretive analysis of burdens on interstate commerce. Businesses identified as 3 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 4 of 12 exempt (non-profit, etc.) will be issued fee exempt licenses. Also exempted from taxation are permitted garage sales, occasional swap meet vendors, disabled veterans, and juvenile entrepreneurs under seventeen (17) years of age; an additional exemption is provided for occasional craft fair vendors (6.04.070). Apportionment of tax liability is allowed for businesses conducting business in more than one jurisdiction. All businesses are required to keep accurate records for inspection, and to provide notice of changes of address or phone number (6.04.080). Information collected is confidential; it may be used only for official purposes, and is not releasable except pursuant to a subpoena or court order (6.04.090). Transfer of a business tax license is not allowed. A new license is required in the event of a change of ownership or business identity. Amendment of the license is allowed for change of name or address (6.04.100). Duplicate tax licenses or decals may b_ issued upon loss or destruction for a designated fee (6.04.110). Payment by check for tax or a regulatory permit is invalid if the check is dishonored, and no right to operate is conferred until valid payment is made. Once established, tax liability continues until the business has taken affirmative steps to terminate its business status and notify the collector. Unpaid taxes may be collected as a personal liability. No refunds are allowed for the unexpired tax year (6.04.130). The collector processes the business tax license along with other regulatory clearances necessary (e.g., zoning, home occupation, fire and building safety) and collects regulatory clearance fees for each. Refund of the business tax deposited is made if the business cannot obtain regulatory clearance and the business has not already opened. Processing fees for regulatory clearance are not refundable (6.04.140). Audit provisions allow the city's actual audit costs to be recoverable in the event tax -related revenues are misstated by more than 5% in any application (6.04.150). Business licenses may be revoked for good cause, such as consumer fraud, unfair trade practices and similar violations of state, federal and local law that rationally relate to proper business practices (6.04.170). Appeals from classification or tax liability determinations or license revocation may be made to the City Treasurer and be determined through an administrative hearing process (6.04.160). 4 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 5 of 12 Division IV — Applica tion, Issuance and Display of License All persons conducting business within the city are required to apply for and .obtain a business license. This division covers the application process (6.04.180), the contents of the tax license to be issued (6.04.190) and display requirements of an issued license (6.04.200). Decals are issued for vehicles and coin operated equipment through which business is conducted (6.04.200). Licenses and decals must be displayed visibly to the public. Division V — Classific ation of Businesses This division promulgates a business classification schedule for taxing purposes according to the tax rate classification schedule previously established in Appendix "A" to Ordinance 1606. The classification schedule lists categories of business and the corres.jnding tax rate schedule. Section 6.04.220 provides that if an enterprise can be classified under more than one schedule, it shall first be classified according to the classification schedule corresponding to the highest dollar volume of business, and when those volumes are equal, then to the classification schedule which produces the highest tax. Provision is made for updating classifications according to the current Standard Industrial Classifications (SIC). Section 6.04.230 establishes special classification rules for multiple business activity or location and for warehouses, distribution facilities and corporate headquarters that do not directly generate cash sales but are an integral part of revenue generation for another business entity. Section 6.04.240 addresses a particular problem associated with independent contractors. Business licenses may be issued only to persons and entities operating as a business, and not as an employee of another. To be classified as an independent contractor, the applicant must actually be in business and have a business address other than an already licensed premise, except that an out of city independent contractor may use the National City address where the work is being performed. This section would thereby preclude a proprietor from requiring its employees to be licensed as independent 5 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 6 of 12 contractors to avoid statutory liability for withholding tax, unemployment and workers compensation (6.04.250). Division VI - Computation and P ayment of Taxes This division provides that payment of business tax is required as a condition of doing business or maintaining a business address or identity in National City. Tax liability exists until the collector determines that business is no longer being conducted. A sworn declaration under declaration of perjury may be required as a precondition to that determination (6.04.260). Except for those businesses for which a flat tax is established (see Appendix B), section 6.04.270 requires a business to pay an initial tax deposit of $50 during its first year of business, prorated quarterly. The tax for the following year is then computed on the basis of the total gross receipts computed through December 31s` of the irst year of operation. The business tax on gross receipts is computed annually using a tax table (Appendix A) based on the gross receipts for the previous year and the tax schedule for that classification of business. There are six (6) tax schedules (1-6) which maintain a tax rate of between $12 per $10,000 of gross receipts (Schedule 1) to $32 per $10,000 of gross receipts (Schedule 6), depending on the corresponding business classification. That tax table in Appendix A is a recodification of the tax previously established by Ordinance 2037. This section also maintains prior provisions that taxes will not be charged against gross receipts in excess of $22 million per year. Business taxes are payable annually between January 1s` and March 15t, and become delinquent and subject to penalty thereafter (6.04.290). Failure to file and pay a tax when due allows the collector to assess a tax based on actual gross receipts or, when difficult to compute or obtain, an imputed gross receipts basis, unless the payer can prove otherwise (6.04.300). A flat tax of $65 annually per vehicle is prescribed for business by vehicle (delivery services, mobile mechanics, etc.) and $200 per year per vehicle for mobile food vendors. These businesses may, however, 6 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 7 of 12 elect to be taxed on a gross receipt basis (6.04.310), in which case the initial first year tax is prorated. Contractor businesses located outside the City limits pay an annual tax of $200 if licensed by the state as an "A" or "B" contractor and $125 if operating as a C or D licensed contractor. Taxes on contractors commencing business during the last quarter of the year are prorated. Any of these businesses may also elect to be taxed on gross receipts derived within the City. In order to deal with a particular problem associated with unpermitted small job work by contractors not licensed to do business in National City, a separate category to cover a day's labor permit is proposed. An out -of -city contractor can obtain a one -day tax certificate for ten dollars ($10) to cover an installation that does not exceed $500 materials and labor. The contractor is limited to a .naximum of two (2) one -day (or one job) permits per calendar year. The contractor must certify under penalty of perjury that he or she has not performed any work that exceeded $500 materials and labor, nor applied for more than two (2) one -day (or one job) tax certificates during the current calendar year. If any single job either exceeds $500 or is the third job being performed, then the full business tax is required. If a contractor is caught doing work without having paid any tax, however, then full tax license liability and penalties are imposed. The City Engineer and Building and Safety Director believe this will encourage more small jobs to be performed under a permit and be inspected for public safety — jobs which otherwise would escape either inspection or tax license compliance. All other persons conducting business in National City who do not maintain a business address within the City are subject to the greater of a $65 flat tax or a tax measured on gross receipts from business in the City (6.04.320). Finally, certain categories of businesses are taxed under special category flat rate taxes established by prior ordinances. Appendix B titled "Special Business Category Tax Table" is added to Chapter 6.04 to list the annual flat tax established by the prior ordinances for those special category of business taxes. These businesses may continue to be taxed at the former flat tax rates, or may elect to be taxed on a 7 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 8 of 12 gross receipt basis. Those businesses include, among others: video machines; bowling alleys; and amusement arcades. Swap meets and pawn shops are eligible to elect the gross receipts method (6.04.330). Provision is made to allow proration of the first year's business tax. The first year tax is based upon the minimum tax for all schedules of $50. Depending upon the quarter of start-up, the business operator would pay $50, $37.50, $25 or $12.50 for the first year, and the second year tax would be based on actual gross receipts for the first year of business. It is estimated that this change could result in a tax loss of approximately $ 1,825 per year. Proration is not allowed for businesses with a flat tax, or for out of city contractors and mobile businesses unless they elect the gross receipt method. Out of city contractors receive a prorated tax only if they begin business in National City during the las' quarter of the calendar year. OPTIONS: The City Council may extend the prorated first year tax to all contractors and other businesses, or may elect not to prorate initial taxes for the first year of business for any business. Division VII — Refunds This division governs refunds. Refunds for overpayment of tax must be claimed no later than one (1) year following the end of the month in which the overpayment was made. The burden is on the taxpayer to prove overpayment (6.04.350). Refunds are allowed for closing of business caused by eminent domain (6.04.360). Division VIII — Collection, Enforc ement and Penalties This division provides for penalties of 20% per month, to a maximum not to exceed the total base tax due (100%), for delinquencies in payment. Provision is made to toll the running of penalties upon written agreement with the Collector (6.04.370). Penalties for non-payment are not assessed against previously licensed itinerant vendors or out of town vendors until thirty (30) days after they again commence business in National City (6.04.370C). Taxes 8 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 9 of 12 are debts, and other City refunds may be offset against back taxes due. Collection may occur through civil action and the withholding of other City permits, and the non -issuance of a business license for outstanding debts owed to the city, typically sewer bills (6.04.380). Mistakes of the collector in computation or classification do not bar collection of the proper amount of tax (6.04.390). Enforcement officials may require the production and display of records and tax licenses, as well as a listing of tenants and subcontractors from other taxpayers as an aid in enforcement. Collectors are authorized under Penal Code Section 853.6 to issue citations and make arrests (6.04.400), and to impose an administrative penalty of $500 for failure to produce or maintain adequate records. Division IX — Violations Punishable violations include misrepresentation, misuse of licenses, evasion, unauthorized duplication and alteration of issued licenses (6.04.420). Section 6.04.430 makes any violation of a mandatory provision or prohibition of Chapter 6.04 a misdemeanor punishable by fines of $1,000 or imprisonment not to exceed six (6) months, or both. SIGNIFICANT CHANGES TO PRIOR CODE 1 Maintains flat tax rate for certain businesses (vending by vehicle, out of town contractors, bowling alleys, swap meets, video machine) and allows the taxpayer (including pawn shops and swap meets) the option to be taxed at corresponding gross receipt rates instead. 2. Provides for administrative appeals to the City Treasurer versus an appeal to the City Council. This allows for the development of an administrative record based on technical interpretation, affords appellant sufficient time to present its case, avoids counter -productive use of Council time, and maintains some degree of privacy to the business owner. 3. Prorates taxes for business operators on a quarterly basis, and for out -of - city contractors who commence business in the last quarter, and adds a special category one -day ten dollar tax certificate for small jobs of less 9 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 10 of 12 than $500 material and labor in order to encourage permit compliance and inspections. 4. Allows collector to estimate gross receipts upon failure of business to apply for license or pay proper tax due. 5. Establishes audit procedure and recovery of audit costs for misstatements of gross receipts. 6. Strengthens enforcement and collection provisions by allowing for set-off against funds on deposit with City and withholding of other development permits, except those necessary to correct code violations, and allows withholding of issuance or re -issuance of tax license for outstanding sewer charges or other indebtedness to the city. 7. Republishes previously adopted tax rate and classix :aticn schedules within Chapter 6.04 as Appendix A, and adds an Appendix B to list special tax situations. 8. Makes clear that the business tax is in lieu of the residential rental tax, and vice versa, and that the business tax administrative provisions will also apply to the administration and enforcement of the residential rental tax, a procedure that did not previously exist. PROPOSED CHANGES TO OTHER CHAPTERS IN TITLE 6 Chapter 6.10: Cable Television Franchises — No ch ange. Chapter 6.14: Adult Movies and Bookstores — Recommended for repeal. This is already regulated through chapter 18.69 as a zoning matter. The existing provisions are tax related and are therefore incorporated into the Chapter 6.04 general business tax provisions. Chapter 6.18: Amusement Arcades — Recommended for repeal. This is already regulated by Title 18 as a zoning matter. The existing provisions are tax related, and therefore can be repealed through normal inclusion in Chapter 6.04. 1 0 Business & Franchise Taxes Staff Report Staff Report - Amending Title 6 May 20, 2003 Page 11 of 12 Chapter 6.20: Residential Rentals - Retained, but amended to clarify that trailer coaches located in mobile home parks are considered residential structures which are, and have previously been, subject to rental tax. Additional language is included to provide procedures for administering this chapter using the administration provisions of Chapter 6.04, and issuance of a residential rental tax certificate in lieu of a business tax license. Chapter 6.22: Auctions and Auctioneers - Recommended for repeal. State law already regulates auctions and auctioneers, and an auction business remains taxable pursuant to Chapter 6.04. Chapter 6.24: Bowling Alleys - Recommended for repeal. Bowling alleys are taxed as businesses pursuant to Chapter 6.04 and are not otherwise regulated, except by ABC for liquor sales. and zoning. Chapter 6.30: Dance Halls - Recommended for repeal. Premises authorized to hold dances are governed by Title 18, zoning. No separate regulation was required under existing ordinances, although a TUP under Chapter 15.60 could be required for dances proposed for a location not authorized by zoning. Disorderly patron conduct at cabarets and other places of entertainment is covered by Chapter 10.78. Chapter 6.34: Delivery Services - Recommended for repeal. Taxation aspects are adequately covered under Chapter 6.04 and separate regulation is not required. Chapter 6.44: Going Out of Business Sales - Recommended for repeal. Business taxation aspects are addressed in Chapter 6.04 relating to termination of future tax liability of an enterprise that goes out of business. (Originally may have had some consumer protection aspects, but adequate protection exists under Business and Professions Code for deceptive trade practices). Chapter 6.54 Pawn Brokers - Recommended for repeal. Regulated by Business and Professions Code. 11 Business & Franchise Taxes Staff Report Staff Report - Amending Title 6 May 20, 2003 Page 12 of 12 Chapter 6.60 Swap Meets - Chapter is recommended for repeal and relocation to new Chapter 10.57 as a consumer protection related regulation, without substantial change. Chapter 6.62: Mobile Home Parks .- Recommended for repeal. Duplicated in existing provisions of Chapter 9.08. However, City no longer regulates mobile home parks. Residential rental tax is applied through Chapter 6.20 regarding residential rentals. Chapter 6.64: Mobile Amusement Vehicles - Recommended for repeal. Business tax aspects adequately addressed under Chapter 6.04 and separate regulation is not required. Chapter 6.66: Mobile Searchlight Advertising - Recommended for repeal. See prior comments regarding Chapter 6.64. Chapter 6.68: Towing Services - Recommended for repeal. Currently duplicated ' in Chapter 11.56. Chapter 6.70: Building Construction Fees - Relocated to Title 4 (Revenues) as Chapter 4.50 and each section is renumbered. It is revenue related as a fee rather than being a tax. Maintains distinction between "tax" and fee". No other changes. Chapter 6.73: Video Machines - Recommended for repeal. Taxation aspects adequately addressed under revisions to Chapter 6.04. Regulation already exists under zoning (Title 18). Coordination with affected business associations. Copies of the proposed ordinance were circulated to The Chamber of Commerce, the Mile of Cars Association, the San Diego Apartment Owner's Association, the National City SwapMeet, and hotel and motel trade representatives. Comments, when received or when appropriate, have been considered or addressed in the proposed ordinance. 1 2 Business & Franchise Taxes Staff Report ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO BUSINESS AND FRANCHISE TAXES BY AMENDING CHAPTERS 6.04 (BUSINESS TAXES) AND 6.20 (RESIDENTIAL RENTAL TAXES), RECODIFYING AND RENUMBERING CHAPTER 6.70 INTO TITLE 4 AS CHAPTER 4.50 RELATING TO BUILDING CONSTRUCTION FEES, AND REPEALING CHAPTERS 6.14 (ADULT MOVIES AND BOOKSTORES), 6.18 (AMUSEMENT ARCADES), 6.22 (AUCTIONS AND AUCTIONEERS), 6.24 (BOWLING ALLEYS), 6.30 (DANCE HALLS), 6.34 (DELIVERY SERVICES), 6.44 (GOING OUT OF BUSINESS SALES), 6.54 (PAWN BROKERS), 6.60 (SWAPMEETS), 6.62 (MOBILE HOME PARKS), 6.64 (MOBILE AMUSEMENT VEHICLES), 6.66 (MOBILE SEARCHLIGHT ADVERTISING), 6.68 (TOWING SERVICES), 6.73 (VIDEO MACHINES), AND AMENDING TITLE 10, BY ADDING CHAPTER 10.57 REGULATING SWAPMEETS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 6 is amended by changing the heading and the table of contents to read as follows: Chapters: 6.04 6.10 6.20 TITLE 6 BUSINESS AND FRANCHISE TAXES Business tax license Cable television Residential rentals Section 2. That Chapter 6.04 is amended in its entirety by amending Sections 6.04.010 through 6.04.250 and adding Sections 6.04.260 through 6.04.430, all to read as follows: 2003 Ordinance Business and Franchise Taxes NCMC Title 6 Chapter 6.04 BUSINESS TAX LICENSE Sections: I. GENERAL 6.04.010 Purpose of chapter 6.04.020 Effect of other ordinances 6.04.030 Recodification 6.04.040 Severability II. DEFINITIONS 6.04.050 Definitions III. ADMINISTRATION 6.04.060 Rulemaking authority 6.04.070 Statutory exemptions or apportionment 6.04.080 Statements and recordkeeping 6.04.090 Information confidential 6.04.100 Business tax license —Nontransferable —Change of name, location or ownership 6.04.1 10 Replacement of business tax license or decal 6.04.120 Effect of dishonored check 6.04.130 Cancellation of business tax license and termination of future tax liability 6.04.140 Transition and administrative provisions 6.04.150 Audit 6.04.160 Appeals 6.04.170 Revocation of Business Tax License IV. APPLICATION, ISSUANCE AND DISPLAY OF LICENSE 6.04.180 Contents of application 6.04.190 Contents of business tax license 6.04.200 Posting of business tax license and sticker or decal 6.04.210 [Reserved] 2 2003 Ordinance Business and Franchise Taxes NCMC Title 6 V. CLASSIFICATION OF BUSINESS 6.04.220 6.04.230 6.04.240 6.04.250 Determination of business classification Special classification and administration rules for multiple business activity or location, or both, and warehouses, headquarters and distribution facilities Independent contractors [Reserved] VI. COMPUTATION AND PAYMENT OF TAXES 6.04.260 6.04.270 6.04.280 6.04.290 6.04.300 6.04.310 6.04.320 6.04.330 6.04.340 VII. REFUNDS 6.04.350 6.04.360 Business tax payment —Required Initial business tax Computation of total business tax based on gross receipts Business tax —How and when payable Computation of tax upon failure to file an initial application or a renewal application Business by vehicle —Optional rate Businesses located outside city limits —Optional rate Specific taxes applicable to specific categories of businesses [Reserved] Refunds of overpayments Refund for termination by governmental action VIII. COLLECTION, ENFORCEMENT AND PENALTIES 6.04.370 6.04.380 6.04.390 6.04.400 6.04.410 IX. VIOLATIONS 6.04.420 6.04.430 X. APPENDICES A. B. Delinquent taxes —Penalties —Installment payment Tax deemed debt —Collections Effect of mistakes Enforcement [Reserved] Misuse of business tax license or indicia Penalty for violations GROSS RECEIPTS TAX TABLE FLAT TAX RATES FOR SPECIFIC BUSINESSES 3 2003 Ordinance Business and Franchise Taxes NCMC Title 6 I. GENERAL 6.04.010 Purpose of chapter. A. This chapter is enacted to raise revenue for municipal purposes. The business tax is revenue to the General Fund for the privilege of conducting business within the City of National City and receiving the benefits of various City services. B. This Chapter 6.04 is a recodification of prior regulations governing business taxes. It applies to all persons conducting business within National City. It establishes requirements for payment and procedures for licensing, administration and enforcement of the business tax. 6.04.020 Effect of other ordinances. A. Except as provided in Section 6.04.020B, persons required to pay a business tax for the privilege of conducting business under the provisions of this chapter shall not be relieved from the payment of any tax or permit fee required under any other ordinance of the city, and shall remain subject to the regulatory provisions of all other ordinances. Payment of the business tax and issuance of a business tax license does not authorize the conduct of any business or act in violation of any law or regulation applicable to that business or its location. It shall not be a defense to any act performed in violation of this Municipal Code that a business tax license was issued. B. The Residential Rental Tax that is imposed on owners and operators of residential rental units pursuant to Chapter 6.20 is in lieu of the tax imposed by this Chapter 6.04. Except as noted, the provisions of this Chapter 6.04 shall apply to the administration and enforcement of Chapter 6.20 regarding payment, administration and enforcement of the Residential Rental Tax. 6.04.030 Recodification. A. The amendments made to this Chapter 6.04 by Ordinance No. , 2003 constitute a recodification of previously existing provisions, and a republication of the Schedules and Appendices of or applicable to this Chapter 6.04, together with clarifying amendments regarding business taxes, and shall not be construed as imposing any new or higher tax applicable to businesses in the city. B. Appendix "A" to Ordinance No. 1606 adopted on November 15, 1977 established a tax schedule by industry classification. It is referred to in this Chapter 6.04 as the "business tax rate classification schedule". It maintains existing tax classification schedules based on business classification. A copy is on file in both the Office of the Collector and the City Clerk. C. Appendix "A" to Ordinance 2037 adopted September 1, 1992, established the annual business tax payable based on classification and gross receipts, and is hereby republished and recodified as Appendix A to this Chapter 6.04. It is titled "Gross Receipts Tax Table". D. Appendix "B" is added to this Chapter 6.04 to list the various specific flat rate taxes that were previously adopted by Ordinance Nos. 1012, 1337, 1788, 1606 and 2037 for particular types of businesses, thereby republishing and recodifying those taxes. Appendix "B" is titled "Flat Tax Rate for Specific Businesses." 4 2003 Ordinance Business and Franchise Taxes NCMC Title 6 6.04.040 Severability. The City Council declares that the invalidity of any section or portion of this ordinance or this chapter 6.04 as recodified by Ordinance 2003— , shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision is determined by a court to be invalid, it shall be severed, or if it can be judicially interpreted in a way that would harmonize it with the remaining provisions, then it may be applied as interpreted, so as to give full purpose, meaning and effect to the remaining provisions of this chapter and ordinance. II. DEFINITIONS 6.04.050 Definitions. As used in this chapter, the following terms and phrases shall have the meanings ascribed to them in this section: "Adult book store" is as defined in Section 18.69.020. "Adult cabaret" is as defined in Section 18.69.020. "Adult movies" is as defined in Section 18.69.020. "Amusement arcade" is any premises defined in Section 18.04.033 in which any greater number of coin operated amusement devices than those specified in Section 18.16.191 as constituting an incidental use are installed. "Auctions" or "Auctioneer" is as defined by Civil Code Section 1812.601. "Bingo" is as defined in Section 10.27.010. "Bowling alleys" are premises where one or more bowling alleys are installed for the purpose of allowing patrons to participate in the sport of bowling. "Business" shall mean any and all activity engaged in or caused to be engaged in within the city as a principal or as an independent contractor for the purpose of commerce, including, without limitation, any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, the leasing or rental of real estate, and every other kind of activity carried on whether for gain or profit or as a non-profit organization, excluding only the services rendered by an employee to his or her employer. "Business" also includes a home -based occupation or entity described under "person" that markets, sells, designs or creates documents, goods, merchandise, handicrafts or works of art or literature intended for sale. "Business by vehicle" means the driving or operating of any vehicle defined by Vehicle Code Section 670 or any wagon for the purpose of transportation, sale, collection, or delivery of goods, wares, merchandise, or other personal property of any kind from that vehicle or wagon, either as a principal business or in connection with any other business, or in soliciting for work, labor, or services to be performed upon the public streets or private property on or from that vehicle or wagon, or to be performed on goods, wares, merchandise, clothes, or other personal property to be taken for such purpose to a plant or establishment either inside or outside the city through the use of that vehicle or wagon. This definition shall not apply to the delivery of goods by vehicle operating in conjunction with a fixed place of business 2003 Ordinance 5 Business and Franchise Taxes NCMC Title 6 within the city for which a business tax has been paid pursuant to the provisions of this Chapter. This definition shall not be construed as imposing a tax upon vehicles, but rather as a method of classification of businesses in which vehicles are used. "Business tax license", "business license" and "tax license" have the same meaning and effect as the terms "business license tax", "license tax" and "business license" which were in effect prior to the adoption of Ordinance 2003— These terms are adopted as a redefinition and recodification of an existing tax revenue collection procedure. "Coin operated equipment" or "coin operated amusement device" means a machine, device or equipment through which products, entertainment or services are vended or provided to a customer upon payment by the insertion of a coin, currency or token into a receptacle on the machine, or for which an electronic or mechanical authorization or credit is generated by payment at a central station or to an attendant. The term includes, without limitation, amusement devices, pay telephones, video machines, peep show devices, food and beverage dispensers and laundry equipment. "Collector" means the city official charged by the City Manager, or the City Treasurer when applicable, with the administration and enforcement of this chapter, and his or her authorized deputies or assistants. "Conduct", when used as a verb or in a verb form, means and includes transacting, maintaining, prosecuting, practicing, operating or carrying on. When used as a noun, it means and includes the act by which a transaction, practice or operation is effected. "Conducting business" or "doing business" means a process by which a "person" defined in this Section 6.04.050 attempts, manages, transacts, begins or carries on a "business" within the city or from an address or location in the city to another city or jurisdiction. It can also include business transactions from an address in another jurisdiction to a location or address within the city. Address or location includes an office, warehouse, manufacturing facility, store, any facility or structure by or through which business is conducted or facilitated, as well as a "home business" or "home office" at a residence at that location. Prima facie evidence of conducting business includes, but is not limited to, the use by a person of signs, circulars, cards, telephone book or directory listings, newspapers, advertising, personal solicitation or other representation which lists an address in the city. Any person who owns and rents out commercial real estate in the city, or who holds an active license or permit issued by a governmental agency and practices that trade or profession in National City is also considered to be conducting business in the city. "Contractor" is a person defined by Business and Professions Code Section 7026. (The term "subcontractor" is used to define a person licensed as a contractor who performs work for or under the direction of a general contractor.) It includes "A", "B", "C" and "D" categories of licensed individuals. "Cost of doing business" means an amount which is equivalent to the volume of business performed by or at any local office, facility, agent, broker or employee performing only administrative or management related services in connection with sales or services rendered in another jurisdiction. The amount shall be computed by determining the total cost of maintaining that local office, facility, 6 2003 Ordinance Business and Franchise Taxes NCMC Title 6 agent, broker or employee, and shall include, but not be limited to, the wages, salaries, commissions, bonuses, rent, and/or depreciation, telephone, postage, utilities, janitorial and all other expenses allocated for the maintenance and operation of that office, facility, agent, broker or employee. "Dance halls" are premises, other than an adult cabaret, where patrons are allowed to dance as singles, couples or in a group to the accompaniment of live or recorded music. "Day" or "days", when used to define a period of time for commencement or completion of action shall refer to calendar days, except when otherwise specified. "Disabled veteran" means any honorably discharged member of the Armed Forces who is physically unable to earn a livelihood by manual labor. "Employee" is as defined by Labor Code Sections 3351 and 3352. The indicia of "employee" status includes the principal's control or definition of the hours or terms of labor, the means and manner by which the work is performed or the results accomplished, and the right of discharge. Any person rendering service for another, other than as an independent contractor, is presumed by Labor Code Section 3357 to be an "employee." An employee is a person for whom an employer or principal is required to withhold federal or state tax from compensation for services rendered. (An employee is not required to obtain a business tax license). See also "Independent Contractor." "Garage sale" is as defined in Section 7.21 .120. "Gross receipts" includes the total amounts actually rece vea or receivable during a calendar year for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale or delivery of materials, services, goods, wares or merchandise within the city, or outside the city when the business is located within the city and the proceeds are credited to or for the account of the business located within the City. Included in "gross receipts" shall be all commissions, fees, receipts, receipts from coin operated equipment, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be the following: 1. Cash discounts allowed and taken on sales; 2. Credit allowed on property accepted as part of the purchase price and which property may later be sold; 3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; 4. Such part of the sale price of property returned by purchasers upon rescission of the contract of sale refunded either in cash or by credit; 5. Amounts collected or held in trust for others where the business is acting as an agent or trustee, to the extent that such amounts are paid to or for the benefit of those for whom collected (the collector may require proof of payment or disbursement); 6. That portion of the receipts of a general contractor which represents payments to subcontractors; provided, that such subcontractors are licensed under this chapter, and the general contractor furnishes the collector with 7 Business and Franchise Taxes NCMC Title 6 2003 Ordinance the names and addresses of the subcontractors and the amounts paid each subcontractor; 7. Receipts of refundable deposits, except that refundable deposits forfeited and taken into the income of the business shall not be excluded; 8. As to a real estate agent or broker, the sales price of real estate sold for the account of others, except for that portion which represents commission or other income to the agent or broker; 9. As to a retail gasoline dealer, that portion of his or her receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation Code of the state; 10. As to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code, if paid by the dealer or collected by him from the consumer or purchaser; 11. As to alcoholic beverage sales, that portion of receipts excluded under Article XX, Section 22 of the California Constitution. "Home business" or "home office" refers to a business, trade or occupation that is conducted from a residential dwelling unit located in National City, and which requires a home occupation permit issued by the Planning Director under the provisions of Title 18 of this code. "Independent contractor", as defined by Labor Code Section 3353, means any person who renders service for a specified compensation for a specific result, and who is under the control of a principal as to the result of work only and not as to the means by which that result is accomplished. An independent contractor may also be defined as a person for whom the principal is required to issue a Form 1099 for compensation for services rendered. "Live entertainment" and "adult cabaret" is as defined by Section 18.69.020 and Section 10.73.020. "Mobile amusement vehicle" means a mobile platform upon which is installed one or more amusement devices. "Mobile searchlight advertising" means a vehicle upon which is installed one or more floodlights or high powered searchlights for the purpose of advertising or promoting an event. "Peep show" and "peep show device" is as defined in Section 18.69.020 or Chapter 15.36. "Person" as used in this Chapter 6.04 means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, limited liability companies, partnerships of every kind, clubs, business or common law trusts, societies, and natural individuals conducting any business in the city as sole proprietor, or any combination of such entities, other than as an employee. "Residential rental unit" is as defined in Section 6.20.010. "Specialty contractor" is as defined by Business and Professions Code Section 7058. "Sticker" refers to a decal issued for display in a window to evidence the issuance of a business tax license. "Swapmeet" is as defined in Business and Professions Code Section 21661 2003 Ordinance 8 Business and Franchise Taxes NCMC Title 6 "Taxis—Paratransit" is as defined by Chapter 11 .70. "Video machine" means an electronic or mechanical coin operated amusement device, other than a peep show device, which projects upon a screen electronic or computer generated images capable of manipulation by a player for the purpose of amusement of the player or some other person in the vicinity of the device. III. ADMINISTRATION 6.04.060 Rulemaking authority. The collector is authorized to make all rules, determinations and regulations consistent with the provisions and intent of this chapter as may be necessary and proper to aid in the administration and enforcement of the provisions of this chapter. Copies of those rules shall be maintained in the Office of the Collector, available for public inspection. 6.04.070 Statutory exemptions or apportionment. A. Nothing in this chapter shall be deemed or construed to apply a tax to a Savings and Loan Association, any non-profit corporation or association exempt from income taxation pursuant to Revenue and Taxation Code Section 23701 or Section 501(C) 3 of the Internal Revenue Code, or to any person conducting any business exempt from the payment of business or income taxes by virtue of the Constitution or applicable statutes of the United States or the state. The collector shall administer the provisions of this Chapter 6.04 in a manner consistent with state and federal law regarding avoidance of burdens on interstate or interjurisdictional commerce applicable to a taxpayer or class of taxpayers. The collector may require proof of the payment of taxes to other jurisdictions when necessary to a determination regarding apportionment of taxes applicable to businesses conducting business in more than one jurisdiction. B. Any person claiming exemption from or an apportionment of tax pursuant to this section shall file a sworn statement with the collector stating the facts upon which the exemption or apportionment is claimed, and shall provide a copy of all documents supporting the claim of exemption. In the absence of sufficient evidence substantiating the claim, that person shall be liable for the payment of the taxes imposed by this chapter. C. The collector, upon a proper showing, shall issue a fee exempt license to any person exempt from tax under the provisions of this section without requiring payment of the tax required by this chapter. The exempt license shall expire December 31st of each year and shall be renewed annually prior to the last day of February of the following year in the manner prescribed for all businesses. D. After giving notice and providing a reasonable opportunity to the person for a hearing, the collector may revoke or disallow any exemption or apportionment granted pursuant to the provisions of this section upon evidence that the business is not entitled to the exemption or apportionment as provided herein. Appeals from that determination may be made in accordance with Section 6.04.160. 9 2003 Ordinance Business and Franchise Taxes NCMC Title 6 E. In addition to those businesses exempted under Section 6.O4.O70A, the following are also exempted from the payment of a business tax under this chapter: 1. Any natural person of the age of sixteen years and under whose annual gross receipts from all businesses in the city are five hundred dollars or less. 2. Any public utility or utility service provider making franchise payments to the city, except to the extent of the value of retail sales or services provided and not covered or excluded within the terms of the franchise agreement. 3. Any person or organization conducting no more than two garage sales per calendar year, each sale not exceeding four (4) consecutive days, provided a garage sale permit pursuant to Section 7.20.120 is first obtained. 4. Any business licensed in another jurisdiction which, incidental to its business activity within that other jurisdiction, only delivers goods or merchandise free of any delivery charge and performs no other service within this jurisdiction. 5. Any occasional vendor selling used merchandise at a licensed swapmeet within the city who rents a stall or booth for not more than two periods of not more than four (4) consecutive days each per calendar year is exempt from payment of business taxes. A business license is required for all other vendors. 6. Any disabled veteran who sells only goods and merchandise owned by him or her as a sole proprietor, and not as an employee of another. 7. Any occasional vendor selling goods designed ar d made by that vendor as a principal, and not as an employee, at an arts and crafts rair or show for not more than two periods of not more than four (4) consecutive days each, per calendar year, when such vendor is exempted from possessing a resale license issued by the State Board of Equalization. A vendor selling through an employee is not exempt. 6.04.080 Statements and recordkeepinq. A. Statements made by an applicant or taxpayer shall not be conclusive as to the truth of the matters set forth therein, nor • shall filing the same preclude the collector from collecting by appropriate action such sum as is actually due and payable under this chapter. The statement shall be subject to audit and verification. The collector is authorized to examine, audit, and inspect books and records of any business as may be necessary to verify or determine the amount of tax due. B. All persons subject to the provisions of this chapter shall keep complete and accurate records of business transactions, sufficient to establish the business's "gross receipts" or "costs of doing business", as applicable, as defined in Section 6.04.050. The collector may require the business to produce all financial records for examination by the collector. The business shall promptly provide such copies upon request, and, when applicable, may authorize the collector to obtain official copies of the federal or state income tax forms filed for all applicable tax years for comparison, when necessary. Records shall be maintained for a period of at least three calendar years. C. Licensees shall provide the collector with a change of address or phone number, or both, within ten (10) days for any principal whose name and address is required to be filed pursuant to Section 6.O4.18O(A) 9. 2003 Ordinance 1 O Business and Franchise Taxes NCMC Title 6 D. It is unlawful for any person required to keep financial records under this chapter to fail to keep such records, or to refuse to produce or allow the collector to examine those records at a reasonable time and manner, upon request of the collector. 6.04.090 Information confidential. With the exception of information regarding the business name and address, phone number(s), and names of principals of the business, all other information collected by or disclosed to the collector in the administration of this chapter shall be kept confidential and used for official purposes only. Confidential information shall not be disclosed to any person without an official need and purpose without a subpoena or court order. 6.04.100 Business tax license —Nontransferable —Change name, location or ownership. A. Business tax licenses are not transferable. The business tax license issued to a business under a particular name or at a particular location may be amended to change the name or location upon application and payment of the fee established in the National City Fee Schedule. B. In the case of change of ownership, a change in the Federal Identification number or, when applicable, the Social Security number of a principal, an application for a new business tax license and payment of tax is required in accordance with Section 6.04.270. The applicant will not be rec aired to deposit the clearance fee if the location remains the same. Prior payments of tax will not be transferred or credited to the account of the new business. 6.04.110 Replacement business tax license or decal. A. A replacement business tax license or decal may be issued by the collector upon payment of a duplicate issuance fee to replace any business tax license which has been lost or destroyed. B. A replacement vehicle decal may be issued to replace any decal which has been lost, stolen or destroyed upon the licensee filing a statement of such fact and paying a replacement fee. 6.04.120 Effect of dishonored check. Any business tax license, regulatory permit, development permit or other license issued by the city is rendered void and invalid if any check tendered in payment is dishonored, and no lawful authority to act under that permit or license is conferred until payment is satisfied in full. 6.04.130 Cancellation of business tax license and termination of future tax liability. A. The tax collector may cancel a business tax license at the request of the business owner provided: 1. The business owner surrenders the business tax license and any applicable stickers or decals; and, 2. All business activity at the licensed premises has stopped. 11 2003 Ordinance Business and Franchise Taxes NCMC Title 6 Liability for any further business taxes will cease if the owner's account is current and cleared once the collector has been notified within the thirty (30) days following the cessation of business that all business activity has ceased. B. Failure to notify the collector within the thirty days creates a presumption that the business has not terminated its operations and therefore remains liable for future business taxes and penalties in accordance with this Chapter 6.04. The collector is authorized to waive this presumption in the case of an itinerant vendor when the collector has determined that the business terminated for bonafide reasons. Liability for taxes will otherwise continue until a taxpayer executes a declaration under penalty of perjury that it has ceased doing business and has not conducted business since the date stated. C. There will be no refund for any portion of the tax paid for the unexpired tax year. D. Unpaid business taxes remain the personal liability of the former principals of the business upon dissolution, each of whom is and shall remain jointly and severally liable for payment. 6.04.140 Transition and administrative provisions. A. The provisions of this Chapter 6.04 will be fully applicable to all businesses on and after its effective date; provided however that any business which has already applied for or paid business taxes for the current calendar year will not be subject to any additional processing requirements. The collector may use existing stocKs of forms until depleted in the administration of this Chapter 6.04. B. Pursuant to section 6.04.050, the term "business license" or "license tax," or any similar language appearing on such forms shall be construed to refer to the terms "business tax license" or "business tax" adopted by this ordinance as the context may require. C. The collector shall collect all regulatory permit and license processing fees on behalf of an administering department at the time anapplicant presents an application for payment of business tax. Regulatory processing consists of reviews by the Building Department and Fire Department for fire, life safety and occupancy compliance, and the Planning Department for zoning compliance and home occupation permits, when applicable. Police Department or Health Department clearance may be required for a police or health regulated business activity. Processing fees are listed in the National City Fee Schedule. The collector will issue a receipt for the deposit of taxes and fees. A business tax license will not be issued until completion of regulatory processing by administering departments, payment by the taxpayer of any delinquent accounts owed to the City, and determination that the operation of the business would not be in violation of law or the requirements of the Municipal Code. The collector is authorized to coordinate regulatory processing with the payment of business taxes and fees for the issuance of regulatory permits. The applicant remains responsible for completion of forms and delivery to any department or agency for review. 12 2003 Ordinance Business and Franchise Taxes NCMC Title 6 D. The collector will refund the business tax deposited upon written request if the business cannot be lawfully conducted at the proposed location following regulatory compliance review, except that no refund will be made if the business opening date was prior to the application date. Regulatory permit processing fees are not refundable. 6.04.150 Audit. The collector has the authority to examine by audit and any other accepted accounting process the records and practices of any place of business in the city to ascertain whether the provisions of this chapter have been complied with. A business that misstates its gross receipts or basis for tax liability shall be liable for the city's actual costs of audit when the understatement is greater than five -percent (5%) of the actual gross receipts or basis for tax liability, irrespective of whether the understatement results in any change in the tax due. Penalties under Section 6.04.370C shall be collected on the balance of any tax due. 6.04.160 Appeals and dispute resolution. A. Any person aggrieved by any decision of the collector with respect to the determination of tax due or the issuance of or refusal to issue a tax license, exemption certificate or apportionment may file a notice of appeal or request for dispute resolution with the collector no later than 90 days from the date of notification, and shall pay at the time of filing the appeal processing fee prescribed in the Netional City Fet Schedule. The collector shall notify the person at the time of adverse decision of the right to appeal within the 90-day period or be barred. Failure to timely appeal renders the determination final and no further administrative review shall be required or allowed. The failure to exhaust administrative remedy shall bar judicial review of the final action. B. The appeal shall be forwarded to the City Treasurer who shall then fix a time and place for hearing any appeal. The hearing shall be held no later than thirty (30) days from the date the appeal is received, unless mutually agreed otherwise. The City Treasurer shall give notice of the time and place of hearing by serving it personally or by depositing it in the United States Post Office, postage prepaid, addressed to the applicant's last reported address for business tax purposes. C. The City Treasurer may conduct the examination personally or appoint an examiner to determine all questions raised on appeal. The examiner may be a city employee or any other person who is neutral and unbiased in the matter. The collector and applicant shall each be allowed an opportunity to present relevant evidence. The formal rules of evidence shall not apply to the appeal, and the examiner may consider any evidence that is relevant and of the sort that responsible persons are accustomed to rely upon in the conduct of serious affairs. Hearsay may be used to supplement or explain the evidence. The examiner's determination may not conflict with any substantive provision of this chapter. D. The decision of the City Treasurer shall be based upon the administrative record on appeal and shall constitute the exhaustion of administrative remedy. The City Treasurer shall mail or deliver a written decision to the appellant within fifteen (15) days from receipt of the examiner's report. 13 Business and Franchise Taxes NCMC Title 6 2003 Ordinance E. The appeal fee shall be refunded only if the appeal is decided wholly in the appellant's favor. 6.04.170 Business Tax License Revocation. A. The collector is authorized to revoke a business tax license for good cause. Good cause exists where the business is operated in violation of state, federal or local law which reasonably and rationally relates to: consumer fraud and protection; fraudulent or unfair business or trade practice; sale of adulterated product or contraband; release of hazardous materials or environmental pollution; or zoning or public health violations which relate to the nature of the business conducted. The order of revocation becomes final thirty (30) days after the issuance of the order, unless appealed. B. Appeals shall be processed in accordance with Section 6.04.160. The time limit for submitting an appeal shall be thirty (30) days from the date a written order of revocation is mailed to the licensee by the collector by both certified mail, return receipt requested, and first-class mail. Receipt of either by the licensee shall constitute receipt of notice. Appeal fees shall not be required for an appeal under this section. C. Conviction of an offense shall not be a prerequisite to revocation of a business tax license under this section. Revocation may be exercised upon the existence of facts demonstrating the occurrence of the violation. D. It is a misdemeanor to continue to operate a business after the business tax license has been revoked and either the appeal period has lapsed or the appeal was denied. IV. APPLICATION, ISSUANCE AND DISPLAY OF LICENSE 6.04.180 Contents of application. A. Every person required to have a license under the provisions of this chapter shall submit a sworn application under penalty of perjury on a form provided by the collector. The application must be complete and accurate and shall be accompanied with payment of application and clearance fees before the collector is required to process it. B. The following information is required: 1. The name of the business. 2. If there is a fixed place of business within the City, the place where such business is to be conducted. 3. The mailing address for business mail. 4. The complete business phone number. 5. A description of the business activity, including the principal product or service. 6. Any state licenses and license number required to conduct a particular type of business, including a Contractor's license. 7. A state resale number, if applicable. 8. A federal employer identification number or social security number. 2003 Ordinance 1 4 Business and Franchise Taxes NCMC Title 6 9. The type of ownership and a list of all owners or officers with corresponding home addresses, home phone numbers, and driver's license number. A photocopy of the applicant's driver's license shall be provided. 10. The name, title and home phone number of persons to contact in case of emergencies for businesses with a fixed location in the city. 11. For existing or transferred businesses whose business tax is levied based on gross receipts by business classification, the exact gross receipt figure from the previous calendar year. A taxpayer may elect to report gross receipts by gross receipts tax bracket, in which case, the gross receipts shall be considered by the collector to be the highest amount in that category. For new businesses, only the business opening date need be supplied. 12. Such other information as may be necessary and required by the collector for the enforcement of the provisions of this chapter, and as may be required by the Franchise Tax Board. 13. Information regarding any claim of exemption from or apportionment of business taxes. 14. A copy of any Fictitious Business Name certificate, when issued, shall be provided to the collector. Note: This is not a precondition to the initial business license. C. The collector is not required to process an incomplete application or issue a license if the applicant refuses to provide necessary information or lacks a permit or state license that is a prerequisite to the conduct of that business. D. Application and clearance fees are those fees established in the National City Fee Schedule. The application fee is a fee charged by the Collector for the initial processing of the license application. The clearance fee is a fee charged for the costs of processing and reviewing applications for zoning, fire, and regulatory clearance by other departments. The application fee, but not the clearance fee, is refundable if the business cannot be licensed after regulatory clearance review. 6.04.190 Contents of business tax license. Except upon finding fraud or error or as provided in Section 6.04.140C, upon the payment of the prescribed tax or a determination of exemption the collector shall then issue a business tax license that shall contain the following information: A. The name of the business for which the certificate is issued which evidences payment of the prescribed taxes or of exemption; B. The address where the business is to be conducted, whether mobile or at a fixed location within the city; C. The date of expiration of the license or exemption; and D. Such other information as may be necessary for the enforcement of the provisions of this chapter. 6.04.200 Posting of business tax license, and sticker or decal. A. Any person conducting business at a fixed place of business in the city shall keep the business tax license posted in a conspicuous place visible to the public upon the premises where such business is conducted. A sticker to be issued by the collector 15 2003 Ordinance Business and Franchise Taxes NCMC Title 6 shall also be displayed in the front window along the primary street frontage, visible for observation by the collector from the sidewalk. B. Any person not operating at or from a fixed place of business in the city shall keep the business tax license or copy upon his or her person at all times while conducting the business for which it is issued, and shall display the certificate upon request. C. Any person conducting business by vehicle shall keep the business tax license or a copy within each vehicle, and shall affix an identifying decal issued by the collector to each vehicle used in that business. D. The collector will issue identifying decals for vehicles and for coin operated equipment. Each decal is nontransferable and shall be affixed to the vehicle or to the coin operated equipment for which issued. E. It is unlawful to sell or transfer a tax license sticker or decal or to permit its use by another person. 6.04.210 [Reserved] V. CLASSIFICATION OF BUSINESS 6.04.220 Determination of business classification. A. The classification of a particular business shall be that classification set forth in the k, isiness tax rate classification schedule designated in Section 6.04.030B. When a particular type of business cannot be located on that schedule, the collector shall assign to it the tax rate classification most closely corresponding to the business's standard industrial classification number ("SIC" number) from the most current Standard Industrial Classification manual published by the U.S. Government, a copy of which shall be kept on file in the collector's office. B. Any business classifiable under two or more classification schedules shall be classified on the basis of the business classification with the highest dollar volume of business; if the business dollar volume is equal, however, it shall be classified on the basis of the business classification which will result in the highest tax. 6.04.230 Special classification and administration rules for multiple business activity, names or location, and warehouses, headquarters and distribution facilities. A. Rule for multiple locations or business names. Except as provided in Section 6.04.330, business taxes are to be calculated on the basis of the tax rate schedule and the gross receipts attributable to the principal classification of the business conducted at each location in the City. If a person conducts business at more than one location, or at a single location but under two or more different names, the business tax will be separately calculated for each business location and for each business name at the same location on the basis of the tax rate schedule and the gross receipts attributable to the principal classification of each business operating at that location under a business name. Separate business tax licenses will be issued for each location and for each separate business name at the same location. 2003 Ordinance 16 Business and Franchise Taxes NCMC Title 6 B. Rules for multiple business activity at a single location. 1. When a person operates two or more businesses or business activities which are similar for tax rate schedule classification purposes (e.g., retail and wholesale auto parts) at the same location under a single business name, the tax will be calculated and administered on the basis of the total gross receipts from all the businesses operated at that single location, using the tax rate classification schedule applicable to that business classification which records the highest of the gross receipts of the respective businesses. 2. If two or more businesses at the same location (address) are not similar within the tax rate classification schedules (e.g., retail auto parts and automobile repair, or restaurant and amusement arcade), each will be classified separately and the tax rate classification schedule applicable to each separate business classification will be applied to the respective gross receipts from each business to calculate the combined taxes due, irrespective of the bookkeeping system used by the owner. The business license may list both business classifications. C. Rules for warehouses and distribution facilities. 1. Except as provided in Section 6.04.230 (C)(3), a warehouse or distribution facility that is an integral part of, but not co -located with, a business located in the city is not a separate place of business, and a separate fee exempt business tax license will be issued for that location. 2. A warehouse or distribution facility located in me city which is incidental to a business located in another jurisdiction, from which no sales are made and any delivery of merchandise is restricted solely to deliveries to the business to- which it is incidental, shall pay a business tax calculated from the tax rate schedule that would apply to the principal business classification of the parent business, using the costs of doing business attributable to the warehouse or distribution facility as the measure of gross receipts upon which the tax is computed. 3. Any warehouse or distribution facility located in the city, whether incidental to another business or not, that sells merchandise to any person or delivers any merchandise stored on its premises to any person other than the business to which it is incidental, is conducting business in the city and shall pay a business tax computed on the basis of (A) the gross receipts attributable to that facility from all its sales and delivery activities in the city, or (B) its costs of doing business when gross receipts cannot be determined by the collector. D. Rule for headquarters facility. A business with a principal office in the city that operates manufacturing, sales, warehouse or distribution facilities located in other jurisdictions is considered to conduct business within this city, even though no goods or services are sold, produced or delivered within this city, and it shall be taxed on the basis of its cost of doing business at its principal office within this city as the measure of its gross receipts earned within the city. 6.04.240 Independent contractors. An independent contractor providing services for another business entity in National City shall designate a business address. An independent contractor from outside National City may list its business 17 2003 Ordinance Business and Franchise Taxes NCMC Title 6 address or the business address of the principal for whom professional services are rendered. If the independent contractor's business address is located in a residential zone in National City, then the zoning laws (Title 18) regarding home occupation permits must be satisfied. 6.04.250 [Reserved] VI. COMPUTATION AND PAYMENT OF TAXES 6.04.260 Business tax payment —Required A. Except as provided in Section 6.04.260B, there are imposed upon all persons conducting business in the city business taxes in the amounts hereinafter prescribed. It is unlawful for any person to conduct business in the city without complying with all applicable provisions of this chapter and, except when exempt from tax, paying the applicable tax, B. Any person who is considered to be conducting business by virtue of the prima facie evidence definition defined in Section 6.04.050 is subject to tax until the collector determines otherwise. The collector may require the submission of proof under affidavit executed under penalty of perjury that the person is not conducting a business within the city. C. Licensed Professionals. Each professional licensed by the State, including without limitation any lawyer, doctor, dentist, health care professional, investment adviser, real estate agent, real estate broker, or insurance broker, who maintains a fixed place of business in the city must pay a business tax as set forth in the tax schedules established under the authority of this chapter. 6.04.270 Initial business tax. Unless exempted or taxed on a flat rate basis pursuant to Section 6.04.310, 6.04.320, or 6.04.330, a person making application for the initial business tax license for a newly established business is required to pay a first year's tax of fifty dollars, the minimum annual tax, prorated by quarter. Upon making application in the following (second) year, that second year's tax due will be based upon the actual gross receipts for the first year. For all future years thereafter, the person will pay the tax based upon the gross receipts for the preceding, year. 6.04.280 Computation of total business tax based on gross receipts. A. The total business tax levied by this section shall be determined by the business tax rate classification schedule by business class (see Section 6.04.030B) and the corresponding tax on the gross receipts of that business as set forth in Appendix "A" ("Gross Receipts Tax Table"). Depending on the tax class schedule pertaining to the business classification, the business shall pay a rate of twelve dollars, sixteen dollars, twenty dollars, twenty-four dollars, twenty-eight dollars or thirty- two dollars per ten thousand dollars of gross receipts. The minimum tax for any classification shall be fifty dollars. 18 2003 Ordinance Business and Franchise Taxes NCMC Title 6 B. No tax shall be charged against the gross receipts of any business in excess of twenty-two million dollars per year. C. Businesses for which an alternative flat tax is prescribed by Sections 6.04.310, 6.04.320 or 6.04.330 may elect to pay a tax based on gross receipts prescribed by this section and shall thereafter be taxed on the basis of the gross receipts schedule applicable to the business classification determined by the collector. D. Gross receipts for tax purposes shall either be the actual amount of gross receipts, or the gross receipts bracket in which the actual gross receipts appear, as reported by the taxpayer. 6.04.290 Business tax—Howand when payable. A. Unless otherwise provided, annual business taxes under the provisions of this chapter are due and payable on the first day of January of each year and are delinquent on the first day of March. The date of payment is the date the completed application together with payment is received by the collector, provided there is no dishonor of any check tendered in payment. It is the taxpayer's obligation to renew the business tax license when due. Payment by mail is effective only on the date of receipt at the collector's office, and not the date of postmark. B. A courtesy renewal application may be sent by the collector to all businesses holding a prior valid business tax license as of December 31 st of each year. The failure of the collector to provide a courtesy renewal notice or the business's failure to receive the courtesy renewal application shall not relieve the business of its obligation to pay its tax or any penalties that may apply for the failure to pay the tax when due. C. The collector shall issue a business tax license to the business upon full payment of the required tax and all penalties due, without dishonor, thereby verifying that the tax has been paid. 6.04.300 Computation of tax upon failure to file an initial application or a renewal application. If any person required to file an initial application or a renewal application fails or refuses to do so within the time period prescribed, the collector shall compute a tax on the estimated annual gross receipts based on all relevant information the collector is able to obtain. If the collector is unable to compute a gross receipt basis because of a lack of cooperation or financial records, then the tax will be estimated on the basis of the highest tax on gross receipts applicable to that category of business on the appropriate schedule. The tax bill shall be sent by mail to the last known business address and shall include the estimated gross base tax due plus any delinquency penalties assessed. The total amount on the billing shall be payable to the city within fifteen calendar days from the date of the deposit of notice in the U.S. Postal Service. Within those fifteen calendar days, the person may submit proof to the collector of the actual gross receipts and pay the tax or the adjustment authorized by the collector. The proposed tax will be due and final if not challenged or appealed pursuant to Section 6.04.160 within the prescribed time. 19 Business and Franchise Taxes NCMC Title 6 2003 Ordinance 6.04.310 Business by vehicle—Optionarate. A. Except as provided in section 6.04.070E.4, every person not having a fixed place of business within the city and not otherwise designated, who on a regular basis conducts business by vehicle and charges a fee for service, shall pay an annual business tax of sixty-five dollars per vehicle operated within the city, or may make a binding election to pay a business tax measured by business classification and the gross receipts derived from business within the city as set out in Section 6.04.280. B. Any person conducting business by vehicle in the city vending food products or beverages shall pay an annual business tax of two hundred dollars per year per vehicle operated within the city, or may make a binding election to pay a business tax measured by business classification and gross receipts derived from business within the city pursuant to Section 6.04.280. C. Upon payment, identifying vehicle decals will be issued by the collector in a quantity equal to the number of vehicles through which business is conducted. D. Any business by vehicle that operates additional vehicles within the city after payment of annual taxes has been made shall make an additional application to the collector to account for the additional vehicles. After the appropriate tax has been paid for the additional vehicle(s), additional vehicle decals will be issued. E. Taxes for the first year of operation shall not be prorated, unless the annual gross receipt method is elected by the taxpayer. 6.04.320 Businesses located outside city limits —Optional rate. A. Out -of -city contractors. Except as provided in Section 6.04.320C, and in lieu of a tax based on gross receipts, every state licensed contractor licensed as an A or B contractor conducting business in the city who does not have a fixed place of business in the city shall pay annually a flat tax of two hundred dollars ($200). Every contractor conducting business in this city as a subcontractor or state licensed C or D contractor who does not have a fixed place of business in the city shall pay annually a flat tax of one hundred thirty-five dollars ($135). Any contractor may make a binding election to pay a business tax measured by classification and gross receipts derived from business within the city pursuant to Section 6.04.280. Penalties shall accrue at the rate set forth in Section 6.04.370D. A contractor who commences business during the last quarter of a calendar year shall pay only twenty-five percent (25%) of the initial installment at the time of application if a flat tax is elected, and will be subject to normal tax the years following. B. Every other person not having a fixed place of business in the city who conducts business in the city and is not otherwise subject to a tax by any of the other sections of this chapter shall pay a business tax of the greater of: (a) sixty- five dollars per year; or (b) a tax calculated at the same rate prescribed herein for the same type of business having a fixed place of business within National City based on the gross receipts earned within National City or 12% of gross receipts from all sources within California where the amount of gross receipts earned within National City cannot readily be calculated or otherwise be determined by the collector. 2003 Ordinance 20 Business and Franchise Taxes NCMC Title 6 C. In order to promote public safety, the City Council will allow any out - of -city contractor installing a work of improvement that does not exceed five hundred dollars ($500) materials and labor, inclusive, to pay a tax of ten dollars ($10) for a one -day tax certificate, in addition to any applicable building or engineering permit fees. This certificate shall not be available during any calendar year when the contractor performs any single job exceeding five hundred dollars ($500), or has performed two (2) jobs each not exceeding five hundred dollars ($500). The applicant shall make his or her declaration under penalty of perjury on a form provided by the Collector to the Building and Safety Director or City Engineer in conjunction with the permit application for the work of improvement. A receipt showing proof of payment shall qualify as the business license. D. First year's taxes will not be prorated, except as provided in Section 6.04.320A. 6.04.330 Specific taxes applicable to specific categories of businesses. A. Taxes applicable to specific categories of businesses previously established in Title 6 by Ordinances 708, 1048, 1231, 1699, 1788 or 2037 are recodified and summarized in Appendix B to this chapter. Recodification in Appendix B does not constitute enactment of a new tax. B. Video machines. A business which also operates video machines on its premises shall pay in addition to any tax based on gross receipt;: for its principal business an additional tax of $55.00 per machine, not to exceed a total of $4,500 annually for all video machines. An identifying decal shall be affixed to each machine, unless the business tax license specifies the number of machines for which tax has been paid and the number of machines installed does not exceed the number specified on the business tax license (thereby allowing for replacement and maintenance). C. Amusement arcades. Amusement arcades shall be taxed on a flat tax basis of $265 per year and shall pay the additional tax specified in Section 6.04.330B for each video machine installed on the premises, not to exceed $4,500.00 annually for all machines. D. Any business listed in this section or Appendix B may make a binding election to pay its tax on the basis of total gross receipts and the classification schedule determined by the collector, including revenues from coin operated equipment or amusement devices, instead of this section, and such election shall be thereafter binding upon that business. E. A swap meet shall be taxed at the rate of $6,000 per year instead of gross receipts, unless it makes a binding election to pay its tax on the basis of total gross receipts and the classification schedule determined by the collector. F. A pawnshop shall be taxed at the rate of $400 per year instead of gross receipts, unless it makes a binding election to pay its tax on the basis of total gross receipts and the classification schedule determined by the collector. 6.04.340 [Reserved] 21 2003 Ordinance Business and Franchise Taxes NCMC Title 6 VII. REFUNDS 6.04.350 Refunds of overpayments. Claims for refund must be filed on forms in the manner prescribed by the collector. No refund of an overpayment of taxes imposed by this chapter shall be allowed in whole or in part unless a written claim for refund is filed with the collector within one year from the last day of the calendar month following the period for which the overpayment was made. The burden of proof shall be upon the taxpayer to establish the overpayment. If the collector determines that an overpayment was made, the collector shall refund the amount overpaid. Application and processing fees are not refundable. 6.04.360 Refund for termination by governmental action. Upon written application, the collector is authorized to refund any business tax collected when the business is terminated through condemnation or eminent domain by any agency of local, county, state or national governments. VIII. COLLECTION, ENFORCEMENT AND PENALTIES 6.04.370 Delinquent taxes and charges—Penalties—Installmepbyment. A. Except as provided in Section 6.04.370D or E, the collector, upon failure to pay a tax when due, shall add a penalty of twenty percent of the tax due on the first day of March and each first day of each month thereafter, provided that the amount of penalty added shall not exceed one hundred percent of the tax due for each year or portion thereof that the tax was unpaid. B. 1. No business tax license shall be issued or reissued to any person who, at the time of application, is indebted to the city for delinquent business taxes, fees or sewer charges, unless that person enters into a written agreement with the collector to pay all delinquent taxes or charges, and interest and penalties due in monthly installments, or more often, over a period not to exceed one year. 2. The agreement shall acknowledge the obligation is a debt owed to the city. Upon failure to make timely payment of any installment, the entire amount unpaid, including penalties and interest, shall become immediately due and payable. If legal action is brought by the city to enforce collection of any amount included in the agreement, that person shall pay all costs of suit incurred by the city or its assignee, including reasonable attorney's fees. The execution of an agreement shall not exonerate previously accrued penalties, but no further penalties or interest shall accrue on amounts included in the agreement during such time as the person is not in breach of the agreement. If, however, a default in payment occurs, then additional penalties and interest shall reattach back to the date of execution of the agreement and become due and payable. C. Notwithstanding any other provision of this code, any person who misstates or falsifies gross receipts for taxation purposes or the nature of the business for classification purposes shall pay a penalty of 100% of the balance of tax due for each year of misstatement, in addition to the balance of the actual taxes due. Payment of the penalty shall not discharge the taxpayer from liability from civil or criminal proceedings, if applicable. 22 2003 Ordinance Business and Franchise Taxes NCMC Title 6 D. Any person who fails to apply to the collector for the issuance of an initial business tax license and pay the prescribed tax within 30 calendar days from first beginning business is subject to a penalty of 50% plus 20% per month after the first thirty days has elapsed, not to exceed 100 percent of the total tax due for the first year. The total tax will be computed on the basis of the gross receipts for the calendar year. Until payment is made in full, that person remains subject to the provisions of Section 6.04.380 regarding the involuntary cessation of business. E. Neither a penalty nor the provisions of Section 6.04.300 will be applicable to (1) any licensed professional, such as an architect, engineer, consultant, or attorney who does not maintain an office in National City but is called upon to provide a single project service within National City, or (2) to any swap meet vendor or occasional contractor or vendor who is no longer exempted by Section 6.04.070E(5) or (7) or by Section 6.04.320C, provided that that person pays the business tax within the first thirty days following the commencement of business in the City for that calendar year. If the tax is not paid within thirty days, a penalty will accrue from the date of commencement of business pursuant to Section 6.04.370D. After payment of taxes due for the applicable calendar year, should the project continue into the next calendar year and be completed within the first two months of that following year, the collector is authorized to waive collection of tax for that following year. 6.04.380 Tax deemed debt —Collections A. The amount of any tax and any fees, charges or penalty imposed by the provisions of this chapter is a debt owed to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount due. The collector, with the concurrence of the City Attorney, is authorized to compromise or adjust claims for back taxes that extend beyond the current year plus three prior years when it is in the best interests of the City; provided, however, that such authority shall not include compromising claims for any taxes due for continuing in business following the failure to renew a previously issued business tax license. B. The collector shall set off any refunds, payments or credits owing to the taxpayer by the city against unpaid taxes and charges, and may require a business to cease business or remove equipment through which the business is conducted if the tax is not fully paid. Payments shall be applied first to satisfy the payment of the oldest tax and any penalties outstanding before being applied to satisfaction of later or current taxes. Upon notification by the collector, city departments shall withhold progress payments or payments for goods or services when the vendor or supplier has failed to pay taxes or penalties, or both, required under this chapter until the debt is satisfied. C. Upon notification by the collector, other departments shall withhold development and building permits, except those permits necessary to correct code violations, until all delinquent taxes are paid. Administering departments will withhold related permits until notified otherwise by the collector. D. The collector may request the city attorney to obtain a civil injunction or issue a criminal complaint if the business refuses to comply with this Chapter 6.04 or pay taxes. The collector is authorized to collect the tax due by the 23 Business and Franchise Taxes NCMC Title 6 2003 Ordinance issuance of an order of execution directed to the Marshal of San Diego authorizing a till -tap or other collection of monies due from the delinquent taxpayer, until the delinquency is satisfied. E. The conviction of a person for conducting any business without first paying the tax due does not exonerate that person from the payment of any tax due or still unpaid at the time of conviction. Late payment shall not prevent a criminal prosecution of any violation of the provisions of this chapter. All civil, administrative and criminal remedies prescribed are cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for enforcing the provisions of this chapter. F. Neither the adoption of the ordinance codified in this chapter nor the superseding of any portion of any other ordinance of the city or the Municipal Code shall in any manner be construed to affect prosecution for violations committed prior to the date of adoption, nor be construed as a waiver of any license required for or any penal provisions applicable to any such violation, nor shall it affect the validity of any bond or cash deposit required by any prior ordinance to be posted, filed, or deposited, and all rights and obligations thereby conferred shall continue in full force and effect. 6.04.390 Effect of mistakes. Any mistake by the collector in computing or collecting any tax prescribed in this chapter shall not preclude collection by the city of the amount actually due, together with costs of collection, including reasonable attorney's fees fixed by the court, nor shall mistake preclude the prosecution of any person for violation of any provision of this chapter. 6.04.400 Enforcement. A. The collector and each code compliance officer, public officer or police officer shall have the power and authority to enter any place of business free of charge at any reasonable time to demand production of its business tax license. It shall be the duty of any code compliance officer or building inspector conducting an inspection of any business premises to also require the owner or proprietor of an inspected property to produce proof of business license and to report violations to the collector. The collector will be responsible for any follow-up investigation and enforcement and shall notify the appropriate enforcement officer of any apparent code violation observed during inspections by the collector. B. The collector may require the production of any records of the taxpayer necessary to verify the accuracy of any business tax license issued or business tax paid, upon at least twenty-four (24) hours' prior notice. Records shall be made available at the taxpayer's place of business, or be delivered to the collector's office upon mutual agreement. In addition to any other remedies, the collector is authorized to assess a $500 administrative penalty against any taxpayer who refuses to produce such records following reasonable request by the collector. Procedures for appeal are as set forth in section 6.04,160. C. Each department of the city issuing development or building permits, public contracts or purchases shall require the production of a valid business tax license prior to the issuance of any contract to a vendor or a development permit to 24 2003 Ordinance Business and Franchise Taxes NCMC Title 6 a licensed contractor, and upon notification by the collector shall not issue any development permit or building permit - except those reasonably necessary to correct code violations - until all outstanding tax delinquencies are satisfied. D. As an aid in enforcement of the provisions of this chapter with respect to construction contractors and subcontractors, any person applying for any building or engineering permit or requesting final inspection of any construction project shall furnish the collector with a written list of the names and addresses of all contractors, subcontractors and material supply people engaged in working on the project. E. The collector is authorized to require the owner or operator of a commercial or industrial property (other than a residential rental property) in National City to provide a current tenant list or mail box rental list and information regarding the commencement of each tenancy or mail box rental. It is unlawful for an owner or operator to refuse or fail to provide this information upon the reasonable request of the collector. F. As a condition of a Temporary Use Permit issued under Chapter 15.60, an itinerant business operating in National City shall provide information and records to the collector on sales transactions for which sales taxes are collected, and shall verify its gross receipts upon which the business tax is based. G. The collector and designees with the duty to enforce this Chapter are authorized to arrest persons without a warrant pursuant to Petal Code Section 836.5 whenever the person to be arrested ham committed a violation of the provisions of this Chapter 6.04 in the collector's or designee's presence. When the person arrested does not demand to be taken before a magistrate, a written notice to appear shall be prepared and the person released on his or her promise to appear as prescribed by the Penal Code of the State of California (commencing with Section 853.6). H. The collector is further authorized to issue administrative citations pursuant to Chapter 1 .44 of this code without prior notification in the enforcement of this Chapter 6.04, and to impose administrative penalties for violations of this Chapter 6.04. 6.04.410 [Reserved] IX. VIOLATIONS 6.04.420 Misuse of business tax license or indicia. A. It is unlawful for any person holding a business tax license required by this Chapter to permit any other person to use the business tax license, sticker or decal, or the licensed premises or the licensed person's name for the purpose of evading payment of any business tax or any other requirement of this Chapter. Violation will also result in cancellation of the business tax license. B. It is unlawful to reproduce, duplicate, copy or alter any original business tax license, decal or sticker to falsely represent that an original business tax license is valid or that the appropriate tax has been paid. 25 2003 Ordinance Business and Franchise Taxes NCMC Title 6 C. Every person conducting business by vehicle shall keep the tax license or a photocopy within each vehicle, and shall affix an identifying decal to each vehicle used in that business. D. It is unlawful for any person subject to this chapter to drive, operate or use, or cause to be driven, operated, or used, any vehicle in the conduct of a business by vehicle without a decal being attached to the vehicle as required in this chapter, or to remove, deface or cover up the decal, or place the decal upon any vehicle other than a vehicle used in its business. 6.04.430 Penalty for violations. A. It is unlawful to violate any of the mandatory provisions or prohibitions of this chapter or to knowingly or intentionally misrepresent to any officer or employee of this city any material fact in connection with the administration or collection of taxes pursuant to this Chapter 6.04. B. Each violation of any of the mandatory provisions or prohibitions of this chapter is a misdemeanor, punishable by a fine of $1,000 or imprisonment for six months, or both. Each day a violation continues shall constitute a separate violation for which the violator may be separately charged. (APPENDIXES A and B to CHAPTER 6.04 — next page) 26 2003 Ordinance Business and Franchise Taxes NCMC Title 6 CHAPTER 6.04 - APPENDIX A GROSS RECEIPTS TAX TABLE TAXABLE RECEIPTS GROSS BUSINESS CLASSIFICATION BRACKET 1 2 3 4 5 6 0 4,999 50 50 50 50 50 50 5,000 19,999 50 50 50 50 50 50 20,000 49,999 50 50 50 50 60 80 50,000 99,999 50 50 52 60 74 86 100,000 199,999 50 50 58 70 81 93 200,000 299,999 50 64 80 96 112 128 300,000 399,999 60 81 101 121 141 161 400,000 499,999 73 97 121 145 169 194 500,000 599,999 84 113 141 169 197 225 600,000 699,999 96 128 160 192 224 2561 700,000 799,999 107 143 179 214 250 2861 800,000 899,999 118 157 197 236 275 315 900,000 999,999 129 172 215 257 300 343 1,000,000 1,099,999 139 185 232 278 324 371 1,100,000 1,199,999 149 199 248 298 348 398 1,200,000 1,299,999 159 212 265 318 371 423 1,300,000 1,399,999 168 224 280 336 392 449 1,400,000 1,499,999 177 236 296 355 414 473 1,500,000 1,999,999 222 296 370 444 518 592 2,000,000 2,499,999 266 355 444 533 621 710 2,500,000 2,999,999 310 413 516 619 723 826 3,000,000 3,499,999 352 469 586 703 820 938 3,500,000 3,999,999 392 523 653 784 915 1,045 4,000,000 4,999,999 470 627 783 940 1,096 1,253 5,000,000 5,999,999 545 727 908 1,090 1,271 1,453 6,000,000 7,999,999 688 918 1,147 1,376 1,606 1,835 8,000,000 10,999,999 894 1,192 1,490 1,788 2,086 2,384 11,000,000 13,999,999 1,091 1,455 1,819 2,183 2,547 2,910 14,000,000 15,999,999 1,217 1,623 2,029 2,434 2,840 3,246 16,000,000 17,999,999 1,343 1,791 2,238 2,686 3,133 3,581 18,000,000 19,999,999 1,469 1,958 2,448 2,937 3,427 3,916 20,000,000 21,999,999 1,594 2,126 2,657 3,189 3,720 4,252 22,000,000 AND ABOVE 1,720 2,294 2,867 3,440 4,014 4,587 27 2003 Ordinance Business and Franchise Taxes NCMC Title 6 CHAPTER 6.04 - APPENDIX B FLAT TAX RATES FOR SPECIFIC BUSINESSES TYPE OF BUSINESS ANNUAL TAX RATE OTHER TAX RATE ADOPTED BY ORDINANCE SECTION NUMBER Adult Book Store $535 92-2037 8 Adult Movie Theater $535 92-2037 8 Amusement Arcade $265 92-2037 9 Auctioneer $135 92-2037 11 Bowling Alleys $265 $5/quarter/alley 92-2037 12 (Standard sized) Bowling Alleys $25 $5/quarter/alley 1012 2 (Substandard sized) Dance Hall $805 92-2037 13 Delivery by Vehicle $65 92-2037 6 Food Vending Vehicle $200 92-2037 6 Fortune Telling, etc. $265 92-2037 15 Mobile Amusement Vehicle $65 92-2037 18 Mobile Searchlight Advertising $135 92-2037 19 Outside Contractors (A & B licensed) $200 92-2037 7 Outside Contractors (C licensed) $135 92-2037 7 Pawnbroker $400 92-2037 16 Peep Shows and Peep Show Devices --- $10/quarter/device 1337 3 Shooting Galleries $265 9 Swapmeet $6,000 92-2037 17 Taxis -- Paratransit $65 92-2037 14 Video Machines $55 per machine 82-1788 28 2003 Ordinance Business and Franchise Taxes NCMC Title 6 Section 3. That Chapter 6.14 is repealed. Section 4. That Chapter 6.18 is repealed. Section 5. That Chapter 6.20 is amended by amending the Table of Contents and Sections 6.20.010, 6.20.020 and 6.20.040, and adding Section 6.20.050 to read as follows: 6.20.010 Residential rental units defined. "Residential rental unit" means any room or combination of rooms within a building or a trailer coach rented out to serve as a single-family dwelling to be occupied by an individual or group of individuals. 6.20.020 Minimum license fee. Any person, firm, corporation, partnership or other entity owning residential rental units in the city shall pay a license or tax fee based on the number of units owned, in lieu of a business tax under Chapter 6.04, as follows: A. Persons owning one to four units at one location or a total of one to four units at various locations shall pay fifty dollars per unit for the first unit, and fifteen dollars per unit for each additional unit. B. Persons owning a total of five or more units at variou3 locations, but fewer than thirty-one units at any one location, shall pay a license tee or tax of fifty dollars per unit for the first unit, and fifteen dollars per unit for each additional unit, or may, at his or her option, pay a base tax of seventy-five dollars in addition to the sum of the tax set forth in the tax table in Appendix A based on gross receipts (gross rents) derived by such person from all units owned by the person within the city. The gross tax rate is one tenth of one percent. C. Persons owning thirty-one to sixty units at one location shall, for each such location, pay a base tax of one hundred dollars in addition to the sum of the tax set forth in the tax table in Appendix A based on gross receipts (gross rents) derived by such person from each complex owned by the person within the city. The gross tax rate is one tenth of one percent. A separate calculation and payment must be provided for each location of rental properties. D. Persons owning sixty-one or more units at one location shall, for each such location, pay a base tax of one hundred fifty dollars in addition to the sum of the tax set forth in the tax table in Appendix A based on gross receipts (gross rents) derived by such person from each complex owned by the person within the city. The gross tax rate is one tenth of one percent. A separate calculation and payment must be provided for each location of rental properties. 6.20.040 Exemptions. A. No tax shall be imposed on a residential rental unit in any of the following situations: 1. The unit is the primary residence of the property owner for at least six months of the year and no portion of the residence is rented, leased or sublet for any portion of the year; 29 2003 Ordinance Business and Franchise Taxes NCMC Title 6 2. The unit is occupied by a family member, is rented at less than current owner expense, and is declared as family occupied on the owner's county property tax declaration or federal income tax return. "Current owner expense" is defined to include mortgage payments, property taxes, association fees, as- sessments, property insurance, and utilities; 3. The unit is not available for rent for any period of time; 4. The unit is directly owned by a federal, state, county, local or special district governmental agency; 5. The unit is unoccupied and is under construction and will not be occupied for any portion of the tax year; or 6. The unit sold and escrow closed during the first two months of the taxable year. B. Proof of exemption eligibility will be required for certain exemptions and may be different for each exemption claimed. Exemption eligibility is only good for one year and must be renewed each taxable year by the tax due date or be subject to an administration fee. 6.20.050 Administration and enforcement. A. The Finance Director is responsible for the administration of this Chapter. The provisions of Chapter 6.04 pertaining to the application and issuance of business licenses and the collection, enforcement and penalties for delinquent taxes shall be utilized in the administration of this Chapter 6.20. B. The Finance Director shall issue a residential rental tax license upon payment by the person or entity liable for the taxes described in this Chapter 6.20, commencing in calendar year 2004. C. It is unlawful to violate any of the mandatory provisions or prohibitions of this chapter or to knowingly or intentionally misrepresent to any officer or employee of this city any material fact in connection with the administration or collection of taxes pursuant to this Chapter 6.20. Each violation of any of the mandatory provisions or prohibitions of this chapter is a misdemeanor, punishable by a fine of $1,000 or imprisonment for six months, or both. Each day a violation continues shall constitute a separate violation for which the violator may be separately charged. (APPENDIX A TO CHAPTER 6.204 — next page) 30 2003 Ordinance Business and Franchise Taxes NCMC Title 6 UNITS 1 to 4 5 to 30 31 to 60 61 + GROSS $ 20,000 $ 100,000 $ 300,000 $ 600,000 $ 900,000 $1,500,000 $2,500,000 $3,500,000 $ 4, 500, 000 to to to to to to to to CHAPTER 6.20 — APPENDIX A BASE $ 50.00/$15.00 $ 75.00 $100.00 $150.00 $ 99,999 $ 299,999 $ 599,999 $ 899,999 $1,499,999 $2,499,999 $3,499,999 $4,499,999 31 + gross rate + gross rate + gross rate TAX $ 60.00 $ 200.00 $ 450.00 $ 750.00 $1,175.00 $ 2, 000.00 $3,000.00 $4,000.00 $5,000.00 base base base base base base base base base 2003 Ordinance Business and Franchise Taxes NCMC Title 6 Section 6. That Chapter 6.22 is repealed. Section 7. That Chapter 6.24 is repealed. Section 8. That Chapter 6.30 is repealed. Section 9. That Chapter 6.34 is repealed. Section 10. That Chapter 6.44 is repealed. Section 11. That Chapter 6.54 is repealed. Section 12. That Chapter 6.60 is repealed. Section 13. That Chapter 6.62 is repealed. Section 14. That Chapter 6.64 is repealed. Section 15. That Chapter 6.66 is repealed. Section 16. That Chapter 6.68 is repealed. Section 17. That Chapter 6.70 is renumbered and recodified in Title 4 as Chapter 4.50, that Title 4 is thereby amended by adding Chapter 4.50 to read "Chapter 4.50 Building Construction Fees", and the sections are thereby renumbered within those respective chapters as follows: Section Renumbered as 6.70.010 4.50.010 6.70.020 4.50.020 6.70.030 4.50.030 6.70.040 4.50.040 6.70.050 4.50.050 Section 18. That Chapter 6.73 is repealed. Section 19. That Title 10 is amended by adding Chapter 10.57 regulating swapmeets, to read as follows: 32 2003 Ordinance Business and Franchise Taxes NCMC Title 6 Sections: 10.57.010 10.57.020 10.57.030 10.57.040 10.57.050 10.57.060 10.57.070 10.57.080 10.57.090 10.57.100 10.57.110 10.57.120 Chapter 10.57 SWAPMEETS Definitions and designation Prohibited items Participants informed of prohibited items Suspension or revocation of license Vendor to obtain license Occasional sales Control of the sale of certain goods Operator's records Premises --paving requirements Premises --fencing requirements Premises--restroom requirements Premises --remaining overnight prohibited 10.57.010 Definitions and designation. As used in this chapter, the terms "swapmeet operator," "vendor" and "swapmeet" shall have the meanings ascribed to them by Business and Professions Code Section 21661. A swapmeet is designated as a regulated activity in order to ensure legitimate business practic.a that does not facilitate the possession or transfer of stolen property. 10.57.020 Prohibited items. It is unlawful for any vendor in a swapmeet to exchange, barter, trade or sell, the following items of personal property: firearms, ammunition, explosives, animals and livestock, any item of personal property from which the serial number or identifying number has been removed, or any other item of personal property which is prohibited from being exchanged, bartered, traded or sold by ordinance or resolution or any laws of the city, the county, or the state. 10.57.030 Participants informed of prohibited items. The swapmeet operator shall take the following steps to notify each vendor of the prohibitions against selling property designated in Section 10.57.020: A. The swapmeet operator shall install and maintain a public address system of sufficient volume to be heard in all parts of the licensed premises during the conduct of the swapmeet. B. The swapmeet operator shall install and maintain signs in the English and Spanish language announcing the prohibitions of Section 10.57.020. One sign shall be installed for every twenty-five vending sites within the premises. Each sign shall be of a minimum dimension of three feet by four feet. There shall also be installed a sign at each entrance to the licensed premises stating that the sale of property forbidden by Section 10.57.020 is illegal. C. The swapmeet operator shall give to each vendor entering the premises written notice of the restrictions of this chapter. 33 2003 Ordinance Business and Franchise Taxes NCMC Title 6 D. The swapmeet operator shall make oral announcements in the English and Spanish languages of the restrictions of this chapter through the use of the required public address system. Announcements shall be made at least once every sixty minutes during the operation of a swapmeet as defined in this chapter. E. The swapmeet operator or agent shall maintain a constant foot patrol of the licensed premises to observe violations of this chapter. The foot patrol shall be of sufficient frequency that each vending site is passed and observed by the patrolman at least once every sixty minutes during the operation of a swapmeet as defined in this chapter. F. Upon observing a violation of this chapter the swapmeet operator or agent shall notify the National City police department and report the violation. 10.57.040 Suspension or revocation of license. Violation of any provision of this chapter by any person, firm or corporation shall be proper ground for suspension or revocation of the business tax license issued pursuant to Chapter 6.04. 10.57.050 Vendor to obtain business tax license. Except as provided in Section 10.57.060, every vendor selling new merchandise, every vendor selling used merchandise more frequently than twice each calendar year, and every vendor advertising for products or services at a swapmeet shall obtain a tax license from the city pursuant to Chapter 6.04 for his or her operations at a swapmeet. The vendor may give the address of the swapmeet at which he or she operates as the business address for the purpose of obtaining the tax certificate. The vendor must provide a mailing address of the business on the application, which may be his or her home address and home telephone number if there is no fixed place of business. 10.57.060 Occasional sales. Vendors engaging in the occasional or infrequent safe of used goods at a swapmeet, which is defined as two or less sales per calendar year, each sale not exceeding four (4) consecutive days, are not required to pay a city business tax prior to operating at a swapmeet. 10.57.070 Control of the sale of certain goods. Each vendor shall maintain records and comply with Business and Professions Code Sections 21663 through 21666. Records shall be provided to the Chief of Police, as required 10.57.080 Operator's records. The operator of a swapmeet shall comply with Business and Professions Code Sections 21664, 21665 and 21666. Records shall be provided to the Chief of Police as required. 10.57.90 Premises --paving requirements. Portions of real property to be used by a swapmeet operator for conducting a swapmeet sales area, parking, and for the foot travel of participants, shall be paved with surfacing approved by the director of public works prior to that real property being utilized for the conducting of a swapmeet. Nothing in this section shall be construed to prevent an operator from installing suitable landscaping or lawns in lieu of paving any of the areas subject to this section. 34 2003 Ordinance Business and Franchise Taxes NCMC Title 6 10.57.100 Premises --fencing requirements. The portions of real property used for the swapmeet shall be fenced with fencing not less than six feet in height, constructed of chain 'link or other open type of material that does not materially obscure visibility through such fencing. 10.57.110 Premises--restroom requirements. All parcels of real property used for the conducting of swapmeets shall be serviced by adequate restroom facilities. 10.57.120 Premises --remaining overnight prohibited. No person shall remain overnight on premises used for the swapmeet. Section 20. Severability. The City Council declares that the invalidity of any section or portion of this ordinance shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions or section, notwithstanding any later declared invalidity. If any provision is determined to be invalid, it may either be severed or judicially interpreted in a way that harmonizes it with the remaining provisions and be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. Section 21. Non -tax increase. The City Council declares that the provisions of this ordinance do not constitute the imposition of a new tax or increase an existing tax, and for that reason this ordinance is exempt from the provisions of Proposition 218 and may therefore be adopted without submission to a vote of the electorate. Section 22. The City Clerk shall insert into the blank spaces provided the ordinance number a signed to this Ordinance. PASSED and ADOPTED this day of , 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 35 2003 Ordinance Business and Franchise Taxes NCMC Title 6 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 20, 2003 SECOND SING 14 AGENDA ITEM NO, (-ITEM TITLE PREPARED BY EXPLANATION AMENDMENT OF MUNICIPAL CODE TO CHANGE TITLE OF PERSONNEL DIRECTOR TO DIRECTOR OF HUMAN RESOURCES Park Morse (619) 336-4240 V) DEPARTMENT City Manager The City's executive search consultant, Dr. Richard Garcia, has interviewed Coucilmembers and Staff in preparation for the personnel director recruitment that is about ready to get underway. One of the recommendations that Dr. Garcia has made is that we need to update the position title.' For a number of years now the industry has been moving toward the title, "Director of Human Resources" for the skill set which the Council and Staff have identified. Our Office concurs, and the City Attorney has prepared the attached ordinance for your consideration. This is a ministerial act which simply ensures that in any municipal code location that refers to personnel director, it is meant to refer to the Director of Human T -sources. Environmental Review X N/A Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed Ordinance 2 A-200 (9199) ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING PORTIONS OF CHAPTER 3.08 OF THE NATIONAL CITY MUNICIPAL CODE, • ENTITLED ."ADMINISTRATION" BE IT ORDAINED that the City Council of the City of National City hereby amends Chapter 3.08 of the National City Municipal Code, entitled "Administration", as follows: Section 1. That Title 3, Chapter 3.08 of the National City Municipal Code is amended by amending Section 3.08.010 to read as follows: 3.08.010 Director of human resources. Under the authorization granted by Article 45005 of the State Statutes, there is created the office of the director of human resources. Whenever there is a reference to the "personnel officer" or "personnel director" in the Municipal Code, the civil service rule , or in any memorandum of understanding, contract, rule, policy or administrative provision of the city, such reference shall be considered as referring to the "director of human resources". The city manager shall be ex officio director of human resources. The city manager may delegate any of the powers and duties conferred upon him as director of human resources under this title to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 3.08.050. The director of human resources shall: A. Attend all meetings of the civil service commission and serve as its secretary; B. Administer all the provisions of this title and of the civil service rules not specifically.reserved for the city council or the civil service commission; C. Prepare and recommend to the civil service commission revisions and amendments to the civil service ordinance codified in this title and the civil service rules. The city attorney shall approve the legality of such provisions and amendments prior to their submission to the commission. Such revisions and amendments shall become effective upon approval by the city council; D. Prepare and recommend to the commission revisions to the position classification plan including class specifications. Such revisions. shall become effective upon approval by the city council; E. Under direction of the city council. prepare revisions to the compensation plan covering all classifications in the competitive service. The revisions shall become effective upon approval by the city council. Section 2. That Title 3, Chapter 3.08 of the National City Municipal Code is amended by amending Section 3.08.020 to read as follows: 3.08.020 Civil service commission. Under the authority granted by Article 45005 of the State Statutes, there is hereby created a civil service commission consisting of five members. A. Selection and Term of Office. 1. Each of the members of the commission shall be a resident of the city who is a person of good repute in his business, profession or occupation and be known to be in sympathy with the civil service system, except that any member who is a nonresident of the city on the effective date of the ordinance codified in this title may be allowed to complete his term of office. The members of the civil service commission shall be appointed by the city council. 2. The term of each position on the civil service commission shall last five years. No two terms shall expire in the same year. The dates of expiration of the terms of the present members of the civil service commission are unchanged by this title. At the expiration of each of the terms so provided for, a successor shall be appointed by the city council for a term of five years. 3. Vacancies on the civil service commission from whatever cause, shall be filled by appointment by the city council for the unexpired term. Each member of the commission shall serve until his successor is appointed and qualified. A three -fifths vote of all the members of the city council is required to appoint a member to the commission or to fill any vacancy thereon. A four -fifths vote is necessary to remove any member of the commission from office prior to the expiration of his term. 4. Commission members shall serve without compensation, except that the city council may from time to time pay such expenses of the civil service commissioners as the council deems necessary. 5. No person shall be appointed to the commission who holds any salaried city office or employment. Nor shall any member, while on the board or for a period of one year after his term has expired, be eligible for appointment to any position in the competitive service. B. Functions and Power. The commission shall: 1. Determine the order of business for the conduct of its meetings and hold regular meetings once every other month and such special meetings as are necessary on call of the chairman or a majority of the members of the commission after at least twenty-four hours' noticein writing served upon the members. A majority of the members of the commission constitutes a quorum for the transaction of business; 2. Act in an advisory capacity to the city council and the director of human resources on civil service matters in the city service and when requested by the city council or the director of human resources shall hold hearings and make recommendations on any matter of personnel administration; 2 3. Hear appeals submitted by persons in the competitive service, or candidates for a position in the competitive service, relative to any alleged infringement upon their rights and privileges granted by this title or the civil service rules and to certify its findings and recommendations. 4. In any investigation or hearing conducted by the commission it has the power to examine witness under oath and compel their attendance for production of evidence by subpoena issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served and refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by. law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the civil service commission shall have the power to administer oaths to witnesses. 5. The commission shall publish and post notices of the examinations for positions in the competitive service, receive applications therefore, conduct and score examinations, and certify to the appointing power a list of all persons eligible for appointment in the appropriate class in the competitive service. The civil service commission shall cause the duties imposed upon it by this paragraph to be performed by the director of human resources. Section 3. That Title 3, Chapter 3.08 of the National City Municipal Code is amended by amending Section 3.08.030 to read as follows: 3.08.030 Civil Service rules. Civil service rules prepared by the director of human resources, subject to this title and to revision by the commission and the city council, shall be adopted and may be amended from time to time by resolution of the city council. The rules shall establish specific procedures and regulations governing the following phases of the civil service system: A. Preparation, installation, revision and maintenance of the position classification plan covering all positions in the competitive service, including employment requirements and qualifications for each class; B. Public announcements of all tests and the acceptance of applications for employment; C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment; D. Certification and appointment of persons from employment lists and the making of temporary and emergency appointments; E. Evaluation of employees; F. Transfer, promotion, demotion and reinstatement of employees in the competitive service; G. Separation of employees from the city service through layoff, suspension, and dismissal; H. The .establishment and maintenance of suitable methods for effective communication between employees and their supervisors, between employees and city manager, and between employees and the civil service commission relating to conditions of employment in the city service; 1. Content maintenance and use of personnel records and forms. Section 4. That Title 3, Chapter 3.08 of the National City Municipal Code is amended by amending Section 3.08.050 to read as follows: 3.08.050 Special service—Cont ract. The city council may contract with any qualified person or agency for the performance of such technical services as may be desired in the establishment or operation of the civil service system. The contract may include delegation to the person or agency so retained of all or a part of the responsibility and duties imposed in this title upon the director of human resources, including his/her duties under Section 3.08.020, but shall not include the delegation of powers to be vested only in the council or civil service commission. PASSED and ADOPTED this day of , 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor TO: FROM: SUBJECT: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 Assistant City Manager Personnel Director Management Analyst Hyland City Attorney DATE: April 24, 2003 Amendment of Municipal Code to Change Title of Personnel Director to Director of Human Resources Attached for your review and comment is a proposed ordinance amending certain provisions of Chapter 3.08 of the Municipal. Code, entitled "Administration". The effect of the amendments would be to change the title of "persrnnel director" to _ "director of human resources". Section 1 of the amendment includes language which provides that whenever there is a reference to the "personnel officer" or "personnel director" in the municipal code, the civil service rules, or any other rule, policy. or administrative provision of the city, such references shall be considered as referring to the "director of human resources". By way of "housekeeping", the ordinance also amends provisions of Chapter 3.08 to refer to the "civil service rules" and "civil service system", rather than "personnel rules" and "personnel system", respectively. GEORGE H. EISER, Ill City Attorney GHE/gmo Attachment ® Recycled Paper .AEETING DATE May 20, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO.15 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A CHURCH AT 3403 PLAZA BOULEVARD, SUITES J AND K, IN THE PLAZA EAST SHOPPING CENTER (APPLICANT: ARK CHRISTIAN FELLOWSHIP) (CASE FILE NO.: CUP-2003-7) PREPARED BY Roger Post, 6-4310 DEPARTMENTPIanning EXPLANATION The project site is Plaza East shopping center at 3403 Plaza Boulevard. The 1.7 acre center is zoned General Commercial -Planned Development (CG-PD). It is developed with a 19,800 square foot building and a 63-space parking lot. Currently there is a market, video rental store, and restaurant amongst other uses in the center. The applicant is requesting approval to use two suites, which total 3,900 square feet, to operate a church. Church services will be held Sundays from 10:00 a.m. to 12:00 p.m. for approximately 60 to 80 people. Additionally, Bible study will be offered Tuesday evenings from 7:00 p.m. to 9:00 p.m. Finally, the church will also offer counseling services to individuals. Planning Commission held a public hearing on this item April 21, 2003. The Commissioners heard testimony in support of and opposition to the proposed church. Church members rated that the church would be of benefit to the community, while residents of the area raised concerns about potential parking problems and noise disturbances. Commissioners denied the Conditional Use Permit, since there is not adequate parking available for an assembly type use and since noise from the church could negatively affect nearby residents. r Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No, STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Vote: Ayes- Pruitt, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds Abstain: Carill.. Graham ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 10-2003 2. Location Map 3. Site photograph 4. Reduced site plan and floor plan A-200 (9.391 Resolution No, J RESOLUTION NO. 10-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR A CHURCH AT 3403 PLAZA BOULEVARD, SUITES J AND K, IN THE PLAZA EAST SHOPPING CENTER APPLICANT: ARK CHRISTIAN FELLOWSHIP CASE FILE NO. CUP-2003-7 WHEREAS, the Planning Commission of the City of National City, California considered a Conditional Use Permit application for a church at 3403 Plaza Boulevard, Suites J and K in the Plaza East Shopping Center at the public hearing held on April 21, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission consi'. red the staff reports contained in Case File No. CUP-2003-7 which are 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, 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 City 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 21, 2003, fail to support findings, required by the Municipal Code for granting any Conditional Use Permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City 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 21, 2003 support the following findings: 1. That the site for the proposed use is not adequate in size and shape, since the church will create a greater demand for off-street parking than is available in the existing shopping center, which is already experiencing a parking shortage. 2. That the proposed use will have an adverse effect upon adjacent or abutting properties, since the potential noise generated by the use coupled with the orientation of the building could result in noise disturbances of the residents to the west of the proposed lease area. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2003-7. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 5, 2003 by the following vote: AYES: PRUITT, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS NAYS: ABSENT: ABSTAIN: CARRILLO, GRAHAM AIRMAN North portion of Plaza East Shopping Center Suite J and K of Plaza East Shopping Center ..aEETING DATE May 20, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 16 7-ITEMr-ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY INSIDE THE SOUTH BAY PLAZA MONUMENT SIGN ALONG HIGHLAND AVENUE APPROXIMATELY 170 FEET SOUTH OF PLAZA BOULEVARD (APPLICANT: SPRINT ASSETS PCS LLC) (CASE FILE NO.: CUP-2002-24) PREPARED BY DEPARTMENT Roger Post, 3 6-4310 Planning EXPLANATION The project is proposed in South Bay Plaza at the southeast corner of Plaza Boulevard and Highland Avenue in the General Commercial (CG) zone. Specifically, it involves the existing 49 %2 foot tall monument sign along Highland Avenue near the Payless Shoe Source and Price Breakers buildings. The applicant is proposing to remove the existing monument sign, and replace it with a nearly identical sign. The new sign will be the same height and have the same design as the existing one, except that it will be slightly wider at the top to accommodate six panel antennas, which will be installed inside it. Additionally, they will place the support equipment inside an unoccupied second floor room in the Price Breakers building. Planning Commission held a public hearing on this item on April 21, 2003. There wAs no testimony at the hearing. Commission discussed whether alternative designs had been considered, and then approved the Conditional Use Permit, since the new facility will be fully stealth and will improve Sprint's wireless network. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes- Unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 11-2003 2. Location Map 3. Applicant's Site photograph and photo simulation 4. Reduced site plan and elevations A-200 t9 991 Resolution No. RESOLUTION NO. 11-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY INSIDE THE SOUTH BAY PLAZA MONUMENT SIGN ALONG HIGHLAND AVENUE APPROXIMATELY 170 FEET SOUTH OF PLAZA BOULEVARD APPLICANT: SPRINT ASSETS PCS LLC CASE FILE NO. CUP-2002-24 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility inside the South Bay Plaza Monument sign along Highland Avenue approximately 170 feet south of Plaza Boulevard at a duly advertised public hearing held on April 21, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2002-24 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 21, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility will be constructed and operated inside an existing commercial building and reconstructed monument sign in an existing shopping center, placing no additional space demands on the center. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the wireless facility is unmanned and will typically be visited a few times a month for maintenance activities, and since the site can be accessed from either Highland Avenue or Plaza Boulevard, both of which are arterial roads operating below capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the facility will be located inside an existing building and reconstructed monument sign and will not be visible. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Sprint PCS 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 operation of a wireless communications facility in the Price Breakers building and monument sign for South Bay Plaza at the southeast corner of Highland Avenue and Plaza Boulevard. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. CUP-2002-24, dated 4/2/2003. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 2. The pernittee 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 ifit is determined by the City not to be desirable in a specific case. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 5. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 6. Exterior walls of sign structures 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. 7. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 8. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 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 May 5, 2003, by the following vote: AYES: PRUITT, SALUDARES, ALVARADO, FLORES, BACA, MARTIENLLI, REYNOLDS, CARRILLO, GRAHAM. NAYS: ABSENT: ABSTAIN: 47 CH IRMAN