Loading...
HomeMy WebLinkAbout2003 08-05 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — AUGUST 5, 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 SPECIAL MEETING OF JULY 15, 2003 AND THE REGULAR MEETING OF JULY 15, 2003. PUBLIC ORAL COMMUNICATIONS (Three -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 8/5/03 PAGE 2 PRESENTATIONS Presentation by Councilman Natividad to Joseph Scarlotti Presentation by Councilman Natividad - Annual Scottish Rite Law Enforcement Officer of the Year Award — Alain Maes Employee of the Month Award PROCLAMATIONS Proclaiming July 26, 2003 as: "Panan Association, USA Day" Proclaiming July 31, 2003 as: "Latino Emerging Business Expo Day" PUBLIC HEARINGS 1. Continued Public Hearing - Street Vacation and Coastal Development Permit for the closing of a 380 foot long section of Harrison Avenue, north of 23rd Street (Applicant: Community Development Commission) (Case File Nos. SC-2003- 1/CDP-2003-4) (Planning) **Continued from Council Meeting of July 15, 2003** 2. Public Hearing — Amendment to Title 18 (Zoning) of the National City Municipal Code clarifying requirements regarding landscaping, paving of front yards, fencing, parking conditional use permits, the historic properties list, setbacks for single- family home additions, daycare facilities and additional uses. (City Initiated) (Case File No. A-2003-2) (Planning) **Refer to Item #25** 3. Public Hearing — Appeal of a Coastal Development Permit for a ready mixed concrete production and distribution facility on the south side of the 900 block of Bay Marina Drive. (Applicant: Associated Ready Mixed. Concrete, Inc.) (Case File Nos.: CDP-2003-2/IS-2003-1) (Planning) COUNCIL AGENDA 8/5/03 PAGE 3 PUBLIC HEARINGS (Cont.) 4. Public Hearing regarding levy of assessments for costs of maintenance — Landscape Maintenance District No. 1 (LMD) - "Mile of Cars" (Community Development Commission) ** Refer to Item #22** 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. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of only the title. (City Clerk) 6. Resolution No. 2003-106 A Resolution of the City Council of the City of National City amending the Preliminary Budget to authorize positions for one full-time and one part-time Office Assistant, instead of one Executive Assistant I. (City Attorney) 7. Resolution No. 2003-107 A Resolution of the City Council of the City of National City authorizing the appropriation and transfer of $7,500 to the Neighborhood Council Program. (City Manager) 8. Resolution No. 2003-108 A Resolution of the City Council of the City of National City adopting the report required by California Health and Safety Code Section 5473, et seq. pertaining to collection of sewer service charges on the tax roll, directing the Finance Director to certify with the San Diego County Auditor the "Delinquent Sewer Service Charge" fund and the "Sewer Service Charge" fund, and ratifying and approving said funds. (City Attorney) COUNCIL AGENDA 8/5/03 PAGE 4 CONSENT CALENDAR (Cont.) Resolution No. 2003-109 A Resolution of the City Council of the City of National City authorizing the City Engineer to remove the west side of "A" Avenue between 18th and 22nd Streets from the Residential Parking District "A" Permit area. (TSC Item No 2003-24). (Public Works/Engineering) 10. Resolution No. 2003-110 A Resolution of the City Council of the City of National City authorizing the Mayor to approve Contract Change Order No. 1 for the Street Improvements Project for National City Street Resurfacing Project FY 2002/2003. (Engineering Specification No. 02-02) (Engineering) 11. Resolution No. 2003-111 A Resolution of the City Council of the City of National City authorizing the filing of a Notice of Completion for the Civic Center and Police Facility Security and Fire System Enhancements. (Engineering Spec. No. 02-06) (Engineering) 12. Resolution No. 2003-112 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act Contract for the property located at 1941 Highland Avenue. (Applicant: Hernandez Family Revocable Trust) (Case File No. M-2002-3) (Planning) 13. Resolution No. 2003-113 A Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment removal agreement with Fred Demeo, Inc. for the installation of security lights, signs, building facade and to supersede the previous adopted agreement passed by Resolution No. 10,926. (Engineering) COUNCIL AGENDA 8/5/03 PAGE 5 CONSENT CALENDAR (cont.) 14. Street Tree Committee Minutes. (Parks & Recreation) 15. WARRANT REGISTER NO. 03 (Finance) Ratification of Demands in the amount of $583,141.31. 16. WARRANT REGISTER NO. 04 (Finance) Ratification of Demands in the amount of $1,237.500.74. 17. Consolidated Cash and Investment Report as of April 30, 2003. (Finance) 18. Consolidated Cash and Investment Report as of May 31, 2003. (Finance) 19. Claim for Damages: Jill Harp (City Clerk) 20. Claim for Damages: SBC Pacific Bell Rick Roehl — Risk Manager (City Clerk) 21. Military Leave Policy — Proposed Extension of Compensation/Benefits. (City Manager) NON CONSENT RESOLUTIONS 22. Resolution No. 2003-114 A Resolution of the City Council of the City of National City confirming the diagram and assessment and providing for the levy of the annual assessment in a special maintenance district. (Community Development Commission) **Refer to Item #4** COUNCIL AGENDA 8/5/03 PAGE 6 NON CONSENT RESOLUTIONS (Cont.) 23. Resolution No. 2003-115 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract with the National City Concert Band for a musical program to be held at Pepper Park. (Parks & Recreation) 24. Resolution No. 2003-116 A Resolution of the City Council of the City of National authorizing the Mayor to execute a lease agreement with Cingular Wireless for the installation and operation of an equipment room and antennae facilities in El Toyon Park. (Engineering) ORDINANCES FOR INTRODUCTION 25. An Ordinance of the City Council of the City of National City amending various chapters of Title 18 (Zoning) of the National City Municipal Code clarifying requirements regarding landscaping, paving of front yards, fencing, parking, conditional use permits, the historic properties list, setbacks for single-family home additions, day care facilities and additional uses and definitions. (Applicant: City Initiated) (Case No. A-2003-2) (Planning) **Refer to Item #2** 26. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Title 7 pertaining to property conservation and community appearance code and Title 10 pertaining to public peace, morals and safety. (City Attorney) ORDINANCE FOR ADOPTON 27. An Ordinance of the City Council of the City of National City amending Chapter 13.12 of the National City Municipal Code pertaining to encroachment permits for installation, maintenance and removal of facilities in streets, rights -of -way and other public property. (City Attorney) COUNCIL AGENDA 8/5/03 PAGE 7 OLD BUSINESS 28. An appeal to the City Council for "No Parking — Street Sweeping" signs on Seawind Drive, Calle Delgado and Meadow Drive. (Public Works/Engineering) 29. Report regarding regulation of food vending vehicles. (City Attorney) NEW BUSINESS 30. Request by the Community Food Bank of National City to store two 8'x8'x22' drop body containers in the Public Works' yard. (Public Works/Engineering) 31. Notice of Decision — Denial of a zone variance for a 2,040 square foot accessory structure that exceeds the maximum size permitted at 170 E. 31st Street (Applicant: Manuel Marruenda) (Case File No.: Z-2002-5) (Planning) 32. Notice of Decision — Planning Commission approval of a. Conditional Use Permit for a wireless communications facility on top of an office building at 2005 Highland Avenue. (Applicant: Cingular Wireless) (Case File No. CUP-2003-4) (Planning) 33. Temporary Use Permit — St. Mary's Catholic Church- Annual Fall Festival/Fund Raising. (Building and Safety) 34. Temporary Use Permit — National City Chamber of Commerce — Taste of National City. (Building & Safety) 35. Temporary Use Permit — Kiwanis Club of Sweetwater Carnival. (Building & Safety) 36. Temporary Use Permit — Pinery Christmas Trees Inc. — Pumpkin Station. (Building & Safety) 37. Temporary Use Permit - Califormula Broadcasting — 17th Annual Fiestas Patrias. (Building & Safety) COUNCIL AGENDA 8/5/03 PAGE 8 NEW BUSINESS (Cont.) 38. Temporary Use Permit — Sweetwater Town and Country Merchants — Salsa Country Western Days. (Building & Safety) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — August 19, 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 July 17, 2003 MEMORANDUM TO FROM SUBJECT CITY M+ 03 JUL 17 AN 10: 52 0 ci'tu ,T.ili'reAL CITY Park Morse, Acting City Manager Roger C. DeFratis, oan Resources RE-SCHEDULIN 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 Police Department (Safety) to be recognized for the month of July, 2003 is Officer John Dougherty (nomination attached). Officer Dougherty has been re -invited to attend the Council meeting of Tuesday, August 5, 2003, and be recognized for his achievements and service. Attachment (1) xc: Department Director Officer John Dougherty Councilmember Natividad RCD:Im A:WOMINATION LETTER ® Recycled Paper City of National City n- Performance Recognition Award Nominating Form 03 JUN 4i PM 3: 53 NATIONAL CITY, CA. I nominate Officer John Dougherty for the Performance Recognition Award for the following reasons: As a member of the Department's proactive, problem solving Neighborhood Policing Team, Officer Dougherty has been very active in a number of high profile and very successful programs designed to reduce crime and disorder while addressing quality of life issues in the community. From programs and tactics that address D.U.I. and youth access to alcohol to working with downtown business people and coordinating multi -agency operations to control prostitution and related criminal issues, Officer Dougherty has been remarkably successful. Officer Dougherty's efforts have not been restricted to purely criminal issues. He has been deeply involved in the Crime Free Multi -Housing program which systematically addresses quality of life issues in large apartment complexes as a strategy to generate a feeling of ownership in the tenants, thereby reducing the incidence of disorder and criminal activity. He also worked on several other projects such as the Drug Court program, tobacco enforcement operations, drug house complaints and gang, probation and sex registrant sweeps. Most recently, Officer Dougherty has focused on establishing the Serial Inebriate Program. Much like Drug Court, this program involves the sentencing of habitual drunks with the offer of long-term treatment as an alternative to jail time. The results have been dramatic and many local people with long histories of alcohol abuse have been reintroduced into mainstream society as clean and sober participants with futures that hold more promise than they could have ever hoped for before. Officer Dougherty' s hard work and imaginative tactics are testimony to his commitment to make National City a better and safer place to live. Nominated by: Craig A. Short, Captain Signature: .S ke' `(Date:_MAR- -vo3 WHEREAS, Ifirudamaflint The Panan Association, USA is an association of past and present residents of the barrio of Panan in Botolan , Zambales, Phillipines. The association is an avenue for the members to assist in the quality of life for the residents of the barrio. WHEREAS, The Panan Association has achieved such activities as donating funds to purchase musical instruments, chairs, tables, and bookshelves, as well as computer tables for the elementary and high school. WHEREAS, This year the organization is actively working on recruiting funds to help build a new Panan Health Center for the basic healthcare needs of the Panan residents. WHEREAS, The Panan Association, USA is holding a biannual reunion and fiesta celebration this year, and the money raised will go toward the Panan Health Center fund. Therefore, as Mayor of the City of National City, I do hereby proclaim July 26, 2003 as: "Panan Association, USA Day" And call on all its citizens of the City of National City to join me in recognizing and commending the Panan Association, USA for actively working to improve the livability and well being of their barrio in their home country. DP,P7r- Nick Inzunza Mayor =F) City of ational ait.. Proclamation r, WHEREAS, The Latin Business Owners Association of America is a national professional business trade organization committed to identifying and unifying Latino owned business across America. WHEREAS, The Latin Business Owners Association of America advocates for access and inclusion of Latinos, women, and small emerging business enterprises in supplier diversity, encourage corporate advancement, and facilitate community and economic investment. WHEREAS, The Latin Business Owners Association of America identifies and creates strategic partnerships with corporationsand public agencies as well as provide county -wide educational and procurement public forums to inform the business community on issues and economic trends that affect their businesses. WHEREAS, The Latin Business Owners Association of America established several programs and services to unify and empower Latino and emerging businesses including the Latin Business Resource Center, Access 2000, Entrepreneurial Business Development Training, and the Latino Emerging Business Expo. WHEREAS, This year represents the 2003 Latino Emerging Business Expo which provides a forum to promote shared regional economic growth for Latino, women, and emerging businesses with opportunities to contact private, public, and government entities who are committed to supplier diversity. Therefore, as Mayor of the City of National City, I do hereby proclaim July 31, 2003 as "Latino Emerging Business Expo Day" And call on all its citizens of the City of National City to join me in recognizing and commending The Latin Business Owners Association of America for creating a Latino Emerging Business J. Y Expo that creates opportunities and contributes to the well being of Latino Businesses across the country. Nick Inzunza Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2003 AGENDA ITEM NO. 1 ITEM TITLE CONTINUED PUBLIC HEARING — STREET VACATION AND COASTAL DEVELOPMENT PERMIT FOR THE CLOSING OF A 380 FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23' STREET (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) (CASE FILE NOS. SC-2003-1/CDP-2003-4) PREPARED BYRoger Pos 6�4310 DEPARTMENTPIanning EXPLANATION City Council continued this item from the July 15, 2003 City Council meeting to allow for discussion with Chula Lumber and Reliance Steel; they are the owners of the property adjacent to the section of Harrison Avenue proposed to be vacated, and who spoke in opposition to the vacation at the last Council meeting. Community Development Commission (CDC) staff has contacted representatives of the two businesses. According to CDC staff, Reliance Steel's concerns can be resolved by allowing for occasional access through the section of Harrison Avenue to be vacated to some storage tanks on their property. Chula Lumber has indicated to CDC staff that they would like to use the tracks in the street to store railcars. CDC staff is continuing to work with the concerned parties, and will be present at Tuesday's meeting to provide the current status of their communications. Environmental Review X N/A Negative Declaration Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the street vacation. Vote: Ayes — Unanimous ATTACHMENTS ( Listed Below ) 1. Bill of Sale for BNSF Railroad tracks 2. Previous City Council Agenda Statement and attachments dated July 15, 2003 A-200 (9/80) _� ,......... _. ..,...._. -.,. Resolution No. BILL OF SALE THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation of 2500 Lou Menk Drive, Ft. Worth, Texas 76131-2830, hereinafter called "Grantor", in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it paid by THE CITY OF NATIONAL CITY, a municipal corporation, of 1243 National City Boulevard, National City, California 91950, hereinafter called "Grantee", receipt whereof is hereby acknowledged, has sold, assigned, transferred and delivered and by these presents does hereby sell, assign, transfer and deliver unto the Grantee, without any covenants of warranty whatsoever and without recourse to the Grantor, all its right, title and interest, if any, in and to the following described personal property in the County of San Diego, State of California, to -wit: All of the trackage, together with all ties, rails, fastenings, fittings and appurtenances thereto which lies within Harrison Avenue, North of 24th Street, in The City of National City, San Diego County, California, being more particularly shown colored red on attached Exhibit "A", and by this reference made a part hereof. TO HAVE AND TO HOLD, together with all appurtenances thereunto belonging to the Grantee its successors and assigns, forever. Grantee has fully examined and inspected said trackage and appurtenances, and has in all respects accepted and approved the same and all parts and appurtenances thereof and accepts this Bill of Sale with the understanding that the Grantor has made no representations or warranties respecting the nature or condition of said trackage, or any of its appurtenances. IN WITNESS WHEREOF, the Grantor has caused this Bill of Sale to signed by its duly authorized officers this 15 t h day of July , 2003. By: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY General Director Real Estate BNSF 03168 National City, CA Scale: None a m 1 rl 0SF RR CA-7&8\ S Fk-f CO— 2TEE .. t'� o� " p - 3 _. Glevel0fl Ave• tsS'2o2 "�-�,� 4C0 22.809.6 SFLI J $ _ .��.--30 �2 AT&5F a.,r',1 �� r t Totalareo •/- — L----�- g},098.79 -�"'`.Sold by ' ,.�2-J ,To: Fullerton Sale of 860' of Track consisting 700' of Trk*8 & 160' of Trk*10 To: City of National City At: National City San Diego County, California of Rol63d Legend: warmse, Track Sale EXHIBIT "A" BNSF File B&W Proj. No.312196.003 MAP REFERENCE, Sta. • 506506 R/W • 141601 Land • n/o ,'M tLl',`V AIPi To: Notional City 1Blk- 296- 74 126038 175 S. California Division San Diego Subdivision - L.S. 7600 Val. Sec. CA-7848 AT&SF RY Map S-41 Block 158 Land Grant May 30,2003 M.P. 273.08 THM DRAWING N0. 3- 31 008 City o COUNCE AGENDA STATEMENT ational City California ET1NG DATE July 15, 20t13 (-ITEM TITLE PUBLIC HEARING — STREET VACATION AND COASTAL DEVELOPMENT PERMIT FOR THE CLOSING OF A 380 FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23RD STREET (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) (CASE FILE NOS. SC-2003-1/CDP-2003-4) DEPARTMENTPREPARED ,� Roger Pos 6-4310 Planning EXPLANATION City Council set the item for public hearing at their June 17, 2003 meeting. The attached background report describes the item in detail. AGENDA ITEM ND. X- MIA Negative Declaration Finanoiai Statement N/A / STAFF RECO MENDAT O Staff concurs with the decision of the Planning Commission. Approved l�� Finance Director Account No. CARD/ OOMMISSI 3 RECOMMERDATION The Planning Commission voted to recommend approval of the street vacation. Vote: Ayes — Unanimous ATTACHMENTS MENTS ( Lisked Below 1. Background Report 2. Recommended Findings 3. Recommended Conditions of Approval 4. Location Map Resolution No. --_--__ 5. Site photographs 8. Application 6. Approved Negative Declaration 9. Applicant's Plans and Initial Study (Exhibits A and B) 7. Departmental and Agency Comments i A zoo ;S B)j Background Report The area of street to be closed is the east half of Harrison Avenue north of 23'd Street in the Medium Manufacturing -Coastal Zone (MM-CZ); the west half of Harrison Avenue and the section between the site and 19th Street were vacated many years ago. The 15,200 square foot area, which is 380 feet long and 40 feet wide, is unimproved and pot -holed. There are railroad tracks owned by Burlington Northern Santa Fe (BNSF) running across it, and loading docks, which serve an existing warehouse on the east side of the street, front on it as shown in the attached site photograph. The only vehicular access to it is from Harrison Avenue, since 23'd Street is only one-way in the area. Chula Lumber is located to the north and west of the site, there is an empty warehouse and a warehouse/office building occupied by Motivational Systems Incorporated (MSI) located to the east; MSI also occupies a warehouse to the south across 23`d Street. These uses are all located in the MM-CZ zone. Additionally, there are a few vacant properties further south in the Tourist Commercial -Planned Development -Coastal Zone (CT-PD-CZ) zone. If vacated ownership will revert to the abutting property owners, Robert Young and the Community Development Commission (CDC). CDC has entered into a Disposition and Development Agreement (DDA) with Robert Young. As part of the DDA, CDC will transfer ownership of the property they own, which they just recently acquired, to Robert Young to allow MSI to construct its headquarters on the properties adjacent to the site. The development will not occur until after the street has been vacated. The section of Harrison Avenue proposed to be closed is not needed for present public use, since the owners of the only two properties that abut it do not access their properties from it. Also, it does not provide for through travel, since it terminates in the north at a previously vacated section of Harrison Avenue, which is now occupied by Chula Lumber. Additionally, the west portion of Harrison Avenue in the area has also been closed. There does not appear to be any future public need for use of the street, since it only serves as access to properties, which will be held under the ownership of Robert Young/MSI, and right-of-way for BNSF railroad tracks. MSI has indicated, during site plan review, that when they redevelop the properties, they will access them from 23`d Street. BNSF has indicated, in a letter attached to this report, that they do not have any need for the tracks in the area, and that they are presently working on transferring ownership of the tracks to the City. However, BNSF has requested an easement until ownership has transferred. Additionally, the street is not useful for non -motorized transportation, since it is isolated from other streets and pedestrian pathways. The City's Circulation Element of the General Plan does not identify Harrison Avenue as an arterial road or collector street, so the only potential need for the street is to serve as access to those properties adjacent it. As noted above, there is no present or future need for the road by the adjacent properties. Thus, closing Harrison Avenue north of 23' is consistent with the City's General Plan. Additionally, because the street is isolated, it does not facilitate public access to National City's bayfront, so it is also consistent with the City's Local Coastal Program. CDC conducted environmental review for the previously mentioned MSI redevelopment project, which included this closure of Harrison Avenue, and adopted a Negative Declaration, finding that the project will not have a significant effect on the environment in December 2002. The review included a discussion of potential traffic and water quality impacts. The Negative Declaration and Initial Study are attached to this report. Planning Commission held a public hearing June 2, 2003. There was no public testimony at the hearing. Commissioners voted to recommend approval of the street vacation, since they found no evidence that there is a present or future public need of the section of Harrison Avenue to be closed. Standard conditions of approval have been attached. Additionally, Engineering conditions requiring a grading/drainage plan, 40 feet of sidewalk and curb improvements, pavement repair on 23`d Street, and a sewer/drainage easement prior to vacation have been included. Finally, a condition requiring either an easement to BNSF for use/access to the railroad tracks or transfer of ownership of the tracks to the City is included. RECOMMENDED FINDINGS FOR APPROVAL OF THE STREET VACATION 1. Find that the previously adopted Negative Declaration adequately addresses the project and that it will have no significant effect on the environment. 2. That the area to be vacated is not needed for present or future public transportation uses, since the properties abutting the street in consideration have access to public streets, and since the area serves no other purpose for circulation. 3. That the area to be vacated is not useful as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, since the street does not allow for through travel, and since the street and sidewalk improvements in the area can be used by pedestrians and bicyclists, and finally since the urbanized, industrial location is inappropriate for equestrian activity. 4. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the General Plan does not identify any need for the right-of-way to be used for public purposes. RECOMMENDED FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT 1. Find that the previously adopted Negative Declaration adequately addresses the project and that it will have no significant effect on the environment. 2. That the granting of this coastal development permit is consistent with and implements the Certified Local Coastal Program, since the portion of Harrison Avenue to be closed is not a through street and does not serve as access to National City's bayfront. 3. That there are no required conditions of approval necessary to carry out the Certified Local Coastal Program specified in the implementing ordinance that are applicable to the granting of the coastal development permit. 4. That granting of this coastal development permit is consistent with all other City plans and ordinances, since the General Plan does not identify any need for the right-of-way to be used for public purposes. RECOMMENDED CONDITIONS OF APPROVAL FOR THE STREET VACATION 1. A grading plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain inceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. 2. Street plans showing 40 feet of new sidewalk and curb, prepared by a Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 3. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off from this development. 4. Pavement repair is required on W. 23' Street and Harrison Avenue. 5. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 6. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all the grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 7. A Title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property. 8. Prior to vacation easements for access to and maintenance of sewer and drainage improvements shall be granted to the City. 9. Prior to vacation easements for access to and use of the railroad tracks in the area shall be granted to BNSF or the ownership of the tracks shall be transferred to the City of National City. Additionally, if the tracks are still owned by BNSF, a BNSF Field Engineer should be notified before the commencement of any work in the area. PROPOSED STREET CLOSING ZONE BOUNDARY 410. 08. 620, CND .6,81EI LOCATION MAP 380 Foot long by 40 foot wide section of Harrison Avenue north of 23rd Street SC-2003-1/CDP-2003-4 NATIONAL CITY PLANNING DRN. DATj 5/21/03 INITIAL HEARING: 6/2/03 .4411101.0111WORMAT3WMIP,M, Site Photograph for SC-2003-1/CDP-2003-4 View of the eastern portion of Harrison Avenue from the north RESOLUTION NO. 2002-69 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A NEGATIVE DECLARATION TO THE MOTIVATIONAL SYSTEMS INCORPORATED ("ROBERT D. YOUNG") PROJECT WHEREAS, the City Council of the City of National City ("City Council") and the Community Development Commission of the City of National City ("CDC") did duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project (the "Redevelopment Plan"); and, WHEREAS, the CDC is contemplating the approval of a Disposition and Development Agreement ("DDA") with the Motivational Systems Inc. (Robert D. Young") Project for the construction of a 25,000 square foot manufacturing, office and warehouse facility at 2131 Harrison Avenue and 823 W. 23`J Street, within the boundaries of the Redevelopment Plan; and, WHEREAS, a draft Negative Declaration ("ND") was prepared, pursuant to the California Environmental Quality Act ("CEQA") and the guidelines for the implementation of CEQA, for the project proposed above and is attached herewith as Attachment "1"; and WHEREAS, a notice of the availability of the draft ND for public review and comment was published on November 13, 2002 in a newspaper of general circulation; and WHEREAS, all action required to be taken by applicable law related to the preparation, circulation and review of the draft ND has been taken; and, WHEREAS, the CDC has reviewed and considered the draft ND and all comments and responses thereto. WHEREAS, the final ND will consist of the draft ND as revised and supplemented to incorporate all comments received during the public review period and the response of the CDC, if any. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby finds and determines as follows: Section 1. A public review period of 21 days was provided from November 13, 2002 to December 3, 2002 to all interested public agencies and members of the general public to give public comment and/or suggested revisions to the draft ND. Section 2. The CDC hereby certifies that the ND has been completed. in compliance with CEQA and the State CEQA guidelines. Section 3. The CDC hereby finds and determines that there is not substantial evidence that the proposed project will have a significant effect on the environment and that the ND reflects the independent judgment and analysis of the CDC based upon the whole record of the ND, including the Initial Study contained therein, any comments received and evidence and testimony received on the draft ND. BE IT FURTHER RESOLVED, that the CDC has reviewed and considered the information contained in the Negative Declaration prepared for the Motivational Systems Inc. project and hereby approves the Negative Declaration. BE IT FURTHER RESOLVED, that the Executive Director of the CDC is authorized to file a Notice of Determination with the County Clerk of the County of San Diego following adoption by the CDC of this resolution adopting the Negative Declaration. PASSED AND ADOPTED this 17th day of December 200. ATTE Paul Desrochers, Secretary APPROVED AS TO FORM: 444 George H. Eiser, III City -CDC Attorney • t Nick Inzu 2airman EXHIBIT A NEGATIVE DECLARATION FOR THE MOTIVATIONAL SYSTEMS INC. PROJECT alifornia Environmental Quality Act Initial Study Community Development Commission of National City 140 E. 12th Street, Suite B National City, California 91950-3312 Telephone (619) 336-4250 Fax (619) 336-4286 Project Title and File No.: MSI Incorporated Lead Commission: Community Development Commission of National City 140 E. 12th Street, Suite B National City, CA 91950-3312 (619)336-4250 Project Contact: Eric Crockett 140 E. 1261 Street, Suite B National City, CA 91950-3312 (619) 336-4276 Project Sponsor: Community Development Commission of National City 140 E. 12th Street, Suite B National City, CA 91950-3312 (619) 336-4250 Project Location: The project site is located west of Interstate 5; in the National City West Redevelopment Project Area. The site is comprised of two parcels totaling approximately three acres. One parcel is located at 823 W. 23rd Street and the other parcel is located at 2131 Harrison Avenue, at the northeast corner of 23'd Street at Harrison Avenue. The portion of the site that will actually be redeveloped totals approximately one acre. Figure 1 is a Local Vicinity map showing the boundary of the site. Figure 2 is an aerial photograph showing the project site and the surrounding land uses. Project Description: The project developer owns the property at 823 W. 23`d Street. The Community Development Commission of National City proposes to purchase the existing building at 2131 Harrison Avenue, demolish the existing 25,000 square foot manufacturing building and sell the vacant lot, to the developer. The developer will construct a new 25,000 square foot building at 2131 Harrison Avenue to include office space and manufacturing facilities for the existing business to continue. The project applicant will also construct a new parking lot with landscaping for employee parking on the property it currently owns at 823 W. 23rd Street. The new building will be a two-story concrete tilt -up structure. The size of the building will not change with the project. The new building will provide more efficient use for the existing office space and the manufacturing facilities. A site plan of the proposed project is shown in Figure 3. Attachment 1 Page 1 of 21 Source: Thomas Bros. Maps 2003 Figure 1 Local Vicinity Map cd cti u 6 0 0 HARRISON STREET r-r-rr/i rirc-r{ t rLi aow®eumn su rarra afoao PRICYOn+cw COPPIIWAPPOVVOC NEW MS WAREHOUSE IWPOCIMOIOWSt • i voVO,LrbVOLLEYBSAND ALLCOOT wencuraooaa Source: Nadel Architect, Inc. Figure 3 Site Plan _eneral Plan Designation: The City of National City General Plan land use designation for the site is Medium Manufacturing (MM). Zoning Designation: The City of National City zoning designation for the site is Medium Manufacturing (MM). Other public agencies whose approval is required (e.g. permits, financing approval, participation agreement): The Community Development Commission of National City is the only agency whose approval is required for the proposed project. Page 5 of 21 EtiVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages. (1 Aesthetics n Agriculture Resources ❑ Air Quality ❑ Biological Resources n Cultural Resources n Geology/Soils ❑ Hazards & Hazardous Materials ❑ Public Services ❑ Hydrology/Water Quality ❑ Recreation ❑ Land Use/Planning ❑ Transportation/Traffic n Mineral Resources ❑ Utilities/Service Systems n Noise ❑ Mandatory Findings n Population/Housing DETERMINATION: On the basis of this evaluation: 111 I find that the proposed project COULD NOT have a significant impact on the environment and a NEGATIVE- DECLARATION would be prepared_ I find that although the proposed project could have a significant impact on the environment, there would not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGA I ED NEGATIVE DECLARATION would be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects I) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Eric Crockett -viewed by: Department Representative: Economic Dev. Commission Date: November 11, 2002 Page 6 of 21 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic ❑ highway? ❑ c) Substantially degrade the existing visual character or quality ❑ ❑ of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? ❑ ❑ IL AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which due to their location or nature could result in conversion of farmland to non-agricultural use? III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, pollicies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? El El CI a ❑ ■ ❑ ■ ❑ r ❑ ❑ ❑ a ❑ ❑ ❑ a ❑ ❑ ❑ a ❑ ❑ ❑ a ❑ ❑ ❑ ❑ ❑ ❑ ■ P'a'e 7 of 21 0, • Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Im act Incor prated Im . act No Im . act IV. BIOLOGICAL RESOURCES (cont.): Would the project: d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or ® Q Q other approved local, regional or state habitat conservation plan? V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in §15064.5? i b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? c) Directly or indirectly destroy a unique paleontological resource or Site or unique geologic feature? 0 0 CI IA d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ii) Strong seismic ground shaking? D ® ■ El iii) Seismic -related ground failure, including liquefaction? D iv) Landslides? D El El 311 b) Result in substantial soil erosion or loss of topsoil? c) Be located on a geologic unit or soil that is unstable or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the - Uniform Building Code (1994), creating substantial risks to life or the site? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? VIA_ HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? III 11] M ID Pare 8 of 21 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS (cont.): Would the project: c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? ❑ d) Be located on a Site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65692.5 and, as a result, would create a significant hazard to the public or environment? 0 e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, would the project result in a safety hazard for people working or residing in the project area'? ❑ ❑ f) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? ❑ ❑ g) Create a significant hazard to the public or the environment through the presence or release of methane gas? ❑ ❑ VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? ❑ ❑ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche or mudflow? ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ N ❑ ! ❑ ■ ❑ ■ ■ ❑ a ❑ a ❑ ■ 0 ■ ❑ ■ ❑ ❑ ■ ❑ ■ ❑ a Page 9 of 21 Environmental Factors IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XL NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? J) Exposure of person to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? X1I_ POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? lii) Schools? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ CI CI CI El ❑ ❑ wo ❑ ❑ ❑ ❑ ❑ ❑ CI Page 10 of21 Environmental Factors iv) Parks? v) Other public facilities? XIV. TRANSPORTATION/TRANFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management Commission for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? Q Result in inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? I. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ■ ❑ 0 ❑ a 0 0 ❑ ■ ❑ ❑ 0 a ❑ ❑ ❑ a ❑ 0 ❑a Cl 0 ❑ a ❑ ❑ 0 O ❑ 0 a O 0 ❑ ❑ 0 0 O ❑ O a XVII. ENERGY: Would the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a would -serve letter from the appropriate energy provider? ❑ ❑ ❑ b) Conflict with existing energy standards? ❑ -❑ ❑ VIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife ❑ Cl ❑ a Page I I of 2l Environmental Factors species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or iwnict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ 02 Page 12 of 21 Explanation of Checklist Responses I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. The project would result in the demolition of the existing building to allow construction of a new building adjacent to and north of the current building. The new building is proposed to be a concrete tilt -up two-story building approximately 25,000 square feet in size. The building will include office space and manufacturing facilities. A new surface parking lot will be provided in place of the existing building. Landscaping will be provided in the setback area along 23rd Street as required by the City of National City Design Guidelines. The landscaping will include a three-tier system including grass and ground cover, shrubs and trees. The landscaping will buffer the new building and surface parking lot from the surrounding uses in the area and improve the aesthetics of the site. The removal of the existing building and construction of the new structure will have positive aesthetic impacts for the area. Many.of the existing building in the project vicinity are older in architecture and design. The proposed building will significantly enhance the aesthetics of the area and possibly encourage other new development. The project is located in an industrial area with single and multi -story industrial buildings. Presently there is minimal landscaping on the site. The landscaping would buffer the project from the surrounding properties and improve the aesthetics of the site. The incorporation of all applicable City design requirements will improve the existing aesthetic of the property and have positive aesthetic impacts. Overall, the project is anticipated to improve the aesthetics of the existing property by removing the existing older structure on the site and replacing it with a new building that meets the City of National City design guidelines. Landscaping and other site improvements in compliance with city guidelines will improve the aesthetics of the site. The project will not have any significant aesthetic impacts and overall the project would have positive aesthetic impacts to the area. b) Subs'-rntially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no known scenic resources such as trees, rocks outcroppings or historic buildings on the site. There are no streets adjacent to the site, or in the immediate vicinity of the site that are designated as a state scenic highway. Thus, the project would not impact a state scenic highway. Since there are no scenic resources on the site or state scenic highways in the project vicinity, no scenic resource impacts would occur with development of the project. c) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. The City of National City has design guidelines that will apply to the project. The project will be developed consistent with and in compliance with the industrial Design Guidelines. The design guidelines do not impose a particular architectural theme or style, but rather promote quality development, which will be an asset to the City. The design guidelines provide general guidelines for all industrial development as well as guidelines for infill industrial projects on small lots in mixed use neighborhoods. Some of the desirable elements of the design guidelines the project will have to be met and incorporated into the project include a variety of building indentations and architectural details, building entry accentuation, screening of equipment and storage areas, and landscaping to soften building exteriors and buffer between uses. The guidelines also provide information regarding the types of building forms, roofs, styles, materials, colors, etc. are acceptable. The construction of a new building that meets the design guidelines will have a positive impact on the visual character of the area. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Less Than Significant Impact. The project will create new sources of light and glare with construction of the new building. There will be lights associated with the interior and exterior of the building for safety and security purposes. There will also be new lights in the parking lot. The new building may generate more light than the existing building due to the requirement by the city to provide safety and security lighting. Although the project may generate more light than the existing building there are no light sensitive land uses either adjacent to or in the immediate project vicinity that will be impacted. The City of National City Building Department will review the building plans prior to the issuance of building permits for compliance with the city requirements that project lighting shall not extend off -site. Because the project is located in an industrial area and there are no light sensitive land uses in the immediate vicinity, the project is not anticipated to have any significant lighting impacts. The new building may generate some glare from windows and metal finishes. o is not anticipated to have any glare impacts. The glare that may occur is not anticipated to significantly impact any uses in the area. The project is located in an industrial area and the glare that will be generated by the project is not anticipated to significantly impact any existing industrial uses in the area. Because there are no light or glare sensitive land uses such as residences, hospitals, senior care facilities or libraries in the project vicinity the project is not anticipated to have any light or glare impacts. Page 13 of 21 II. AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non-agricultural use? No Impact. The site is developed and there are no agricultural uses either on the site or in the vicinity_ The project will not have any agricultural resource impacts. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. Please see a) above. c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? No Impact. Please see a) above. III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project will not generate any more long- term air emissions than are presently generated because the size of the project will not increase. There will be short-term air emissions generated during the demolition of the existing building and construction of the new building and parking lot. The short-term air emissions will include dust during demolition of the building, grading and the movement of equipment on the dirt and construction exhaust emissions. Due to the small scale of the project the short-tem air emissions will be insignificant and not conflict or obstruct the air quality plan for the area The project will be required to incorporate all applicable measures required by the San Diego Air Pollution Control District to reduce dust and exhaust emissions during construction. • After project completion the long-term air emissions of employee automobiles, delivery truck emissions, etc. will not be any greater than presently. The project will not have any significant air emission impacts. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. The project will generate air emissions locally during both the short-term construction period and the long-term operations of the business. The project will not violate any adopted air quality standards or contribute to an existing or projected air quality violation because the project will not generate any more long-term air emissions than the existing use because the proposed building will be larger than the existing building.... The same number of people currently employed will be employed at the new building. Therefore, no additional vehicle trips or increase i air emissions. The project will not exceed air quality standards. c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? No Impact. The size of the new building will be the same as the existing building. The project will not generate more air emissions by employees commuting to and from the site, trucks delivering goods to the site, the off -site generation of electricity, etc. The project will be required to incorporate all applicable energy conservation measures by the San Diego Air Pollution Control District to reduce air emissions and there will be no significant air emission impacts. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. The project will not generate any more air emissions than the present use on the site and will not expose a sensitive receptor to substantial pollutant concentrations. e) Create objectionable odors affecting a substantial number of people? No Impact. The project will not generate any new odors that are not presently generated at the site. There are no known objectionable odors that will be generated by the project. IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. The site is developed and there are no fish, wildlife, or plant species on the site or in the immediate vicinity of the site. The project will not have any biological resource impacts. b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, pollicies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. See response to a) above_ c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. See response to a) above. d) .interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. See response to a) above. Page 14 of 21 e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. See response to a) above. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Impact. See response to a) above. V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in §I5064.5? No Impact. There are no buildings on the site that could be considered a historical resource as defined in Section 15064.5 of the California Environmental Quality Act. In addition, a review of the City of National City General Plan does not identify any historical buildings in this area of the city. None of the buildings on the site are candidates as a historical resource. The project will not have any historical resource impacts. b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §I5064.5? No Impact. See Response to a) above. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. See Response to a) above. d) Disturb any human remains, including those interred outside offormal cemeteries? No Impact See Response to a) above. VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) No Impact. Based on information in the City of National City General Plan and the California Geological Survey there are no known faults either on or adjacent to the site. However, there are several faults in the general area that could impact the project. The Sweetwater Fault extends through the eastern edge of the City, but is considered to be inactive. The potential for movement on the nearby active La Nacion and Rose Canyon faults could have devastating effects on the City and other areas of San Diego County. The Region is also prone to earthquakes that could occur on more distant faults, such as the Elsinore, San Clemente, San Jacinto and San Andreas, and suitable precautions should be practiced'. Development plans for the site will be approved by the City. As part of the approval process the city willrequire the incorporation of all applicable measures to protect people and structures from the rupture of earthquake faults that could impact the project. The city will require a geotechnical study that will have to be submitted along with grading and building plans. The City will require the project developer to incorporate the measures that are listed in the geotechnical report to mitigate potential rupture impacts to the building. At this time there is no information that indicates the site will be impacted due to an earthquake to any greater level than other development in the area. The incorporation of all applicable earthquake safety features required by the Uniform Building Code and other City regulations will reduce potential risks to less than significant. ii) Strong seismic ground shaking? No Impact. Based on information in the City of National City General Plan there are faults in the region that could cause ground shaking at the site. Construction of the new building will not expose people or structures to a greater amount of ground shaking than presently occurs at the site. The building will be required to provide all earthquake construction measures and hardware as required by the Uniform Building Code to reduce ground shaking impacts. The incorporation of all applicable earthquake and seismic hardware will minimize seismic impacts to less than significant levels. iii) Seismic -related ground failure, including liquefaction? Less Than Significant Impact The project is located in an area where the ground water is typically within 30 feet of the surface_ The building could be subject to liquefaction, but it will not be subject to any greater impact than presently exist to the existing structure. The city require the incorporation of standard liquefaction prevention measures into the project to minimize liquefaction, if required. The measures that will be incorporated will include those that are typically required throughout the city where liquefaction exist. Any liquefaction potential that could impact the project can be mitigated with standard measures that are acceptable to the geotechnical community to reduce and minimize liquefaction. The project will not be significantly impacted by liquefaction or any other seismic -related ground failure. iv) Landslides? No Impact. The site and the area surrounding the site are basically flat. There are no hillsides or other landforms that could impact the site due to landslides. City of National City General Plan, approved September 10, 1996, page 18. Page 15 of 21 b) Result in substantial soil erosion or loss of topsoil? Less Than Significant Impact. Bare soil will be exposed during demolition of the existing building and construction of the new building and parking lot. Soil erosion could occur if construction occurs during the winter months, when rainfall typically occurs_ The incorporation of all applicable soil erosion prevention measures that are required of all projects by the city will minimize soil erosion. The building department will identify the soil erosion protection measures that will have to be incorporated into the project during and after the construction phase to reduce soil erosion. c) Be located on a geologic unit or soil that is unstable or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact The City of National City General Plan does not identify any geologic conditions either on the site or within the immediate project area that could impact the proposed project. The building plans will be reviewed for geologic impacts when the plans are submitted for approval. If potential geologic impacts are identified additional studies or measures to mitigate the conditions prior to or in conjunction with construction of the building will be required. The proposed building will not be subject or exposed to any new or additional unstable soil conditions than the existing building. Since the existing building has existed for many years without structural damage due to geologic impacts it is anticipated the proposed building will also not be significantly impacted by unstable geological conditions. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or the site? No Impact. The City of National City General Plan does not identify any expansive soil either on the site or in the vicinity. Building plans will be reviewed for expansive soil when they are submitted for approval. Measures will be incorporated into the project at that time to reduce expansive soil impacts, if required. Since there are no expansive soils known to exist either on the site or in the area, no expansive soil impacts are anticipated_ e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact The City of National City requires all new development to connect with the public sewer system. Therefore, no septic tanks will be allowed to be constructed. VII. HAZARDS AND HAZARDOUS MATERIALS: Would the projec': a) Create a significant hazard to the public or the environment through the routine transport; use, or disposal of hazardous mated, - Less Than Significant Impact. A phase I analysis was conducted by Environmental Business Solutions, Inc.2 A copy of the Phase 1 stu.. is available for review at the Community Development Commission of National City. The Phase I analysis states that based on observations and research, with the possible exceptions of the former USTs (underground storage tanks) and septic systems, there is a low likelihood that a recognized environmental condition exists at the site as a result of the current site land uses. With the possible exception of the reported and known releases of petroleum products at the National City Transfer and Storage Company at 2150 McKinley. Avenue and the former vacant lot (currently redeveloped as the Motivational Systems, Inc. parking lot) at 2200 Cleveland Avenue, there is a low likelihood that a recognized environmental condition exist at the site as a result of known and reported releases of hazardous material/waste or petroleum products from an off -site source. In addition, the Phase I analysis states that there is the potential for a recognized environmental condition to be present on the site as a result of the site vicinity land uses. Further on -site investigations will have to be undertaken to determine whether or not any surrounding land uses have impacted the site from a hazardous standpoint. Based on the information in the Phase I study it does not appear that there are any significant hazardous issues associated with development of the project as proposed. Should hazardous materials such as stained soil, odors, uncovering of underground tanks, etc. be discovered during project demolition, grading and construction, all construction activity shall cease immediately until the City determines whether or not the materials are hazardous_ Any hazardous materials that are discovered will have to be protected, removed, remediated, etc. in compliance with all applicable Federal, State and local regulations and laws before construction activity can continue. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact Based on the information provided in the Phase I study the development of the site as proposed will not have any significant hazardous impacts to the public or the environment. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. The closest school to the project site is Kimball Elementary School, which is located along l8i' Street approximately one mile east of the project site, east of Interstate 5. The project is not within one -quarter mile of an existing school. The District does not have arty plans to construct a new school west of Interstate 5 or within one -quarter mile of the site_ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or environment? No Impact The project site is not included on a list of hazardous materials sites pursuant to Government Code Section 65962.5. 2 Phase I Environmental Site Assessment (Assessment) 2142 Cleveland Avenue and 2131 Harrison Avenue (Assessor's Parcel Numbers [APNsj 559- 116-02, -03, -04, -05, and —16), National City, California (Site), September 7, 2001. Page 16 of 21 e) For a project located within an airport land use plan, or where such a plan has not been adopted, within trilo miles of a public airport, would the project result in a safety hazard for people working or residing in the project area? No Impact. The project site is not located within the boundary of an airport land use plan or within two miles of a public airport The closest airport to the site is the San Diego International Airport, which is approximately seven miles northwest of the site. f) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? No Impact. The City of National City does not identify any adopted emergency response or emergency evacuation plans that include the project site. Therefore, the project will not impact or interfere with the implementation of any City adopted evacuation plans. g) Create a significant hazard to the public or the environment through the presence or release of methane gas? No Impact. The Phase I study did not identify any methane gas on the site. Thus, the project is not anticipated to emit or release methane gas. VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. The project is not anticipated to violate water quality standards or waste discharge requirements during project demolition, grading and construction. If demolition and construction occur during the winter months, storm water runoff could carry sediment from the site. The sediment could be deposited in the adjacent streets and storm water collection system and discharged into the ocean since the San Diego Bay is close to the site. The City has measures that will be required to be incorporated into the project during both the construction period as well as the life of the project to control surface water runoff and minimize sediment being deposited off -site. The project developer will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) that includes Best Management Practices (BMP's). The SWPPP will be submitted to the City for review prior to the start of demolition. The BMP's will be required to be installed prior to the start of demolition to reduce sediments and other materials from being carried off -site and discharged into the local storm drain system. Some of the BMP's that will be incorporated into the project include sandbags an, possibly silt curtains around the project perimeter to prevent sediments and other debris from entering the local storm water collection system. The BMP's will contain and slow surface water so that the sediment in the water is either filtered or allowed to settle out before the water is discharged from the site. In addition there may be other BMP's that are required to be incorporated into the project by the City to reduce sediments from being discharged from the site. The BMP's will have to be maintained throughout the entire project construction period. The SWPPP may also include long-term BMP's that will have to be maintained throughout the life of the project to meet water quality discharge requirements. The City will require the installation of BMP's to mitigate impacts to water quality in compliance with all applicable water quality rules and regulations. The project is not anticipated to have any significant water quality impacts with the incorporation of all applicable BMP's. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant Impact_ There are no existing water wells on the site. The project will be required to connect to the public water distribution system for water for drinking, flushing toilets and fire flow. There is an existing water main in the street adjacent to the site that can provide water to the site. While the project will consume water for uses such as drinking, landscape irrigation, flushing toilets, etc., none of the uses are considered to be large users of water based on the relatively small size of the project. The project will consume water, but not at levels that will substantially deplete groundwater supplies or interfere with groundwater recharge. The existing use on the site does not consume a large quantity of water and the proposed project will not consume large quantities of water. The project may actually consume less water than presently with the requirement to install low water consumption fixtures. No water wells will be drilled to serve the project. The existing water supplies that serve the site are adequate to provide water for consumption and fire flow without any significant groundwater supply impacts. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? Less Than Significant Impact. The project will generate surface water runoff that will be discharged into the local storm water collection system. The amount of surface water that will be generated from the site will not be any greater than the quantity presently generated because the proposed building is the same size and footprint as the existing building. The amount of surface water could actually be less due to the amount of additional landscape area that will be required compared to the existing condition. Thus, the project will not substantially alter the existing drainage patterns or substantially increase erosion or siltation. The City will require the preparation of a Storm Water Pollution Prevention Plan (SWPPP) that will have to be reviewed by the City of National City Public Works Department prior to the start of demolition, grading, or construction. The SWPPP will include Best Management Practices (BMP's) that will be incorporated into the project both during project grading and construction and after project development to reduce soil erosion impacts. The City will require the project developer to construct and maintain all applicable BMP's during project construction and throughout the life of the project, as applicable, to reduce and minimize soil erosion. The implementation of a SWPPP will significantly reduce and mitigation any significant soil erosion impacts of the project. Page 17 of21 The project will not change or alter the course or flow of any stream or river. All surface water runoff will be collected and discharged into an existing stonn drain collection system that serves the site and not impact any watercourses. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that would result in flooding on- or off -Site? Less Than Significant Impact. Please see response c) above. e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. There will be surface water runoff generated directly from the site. The runoff that will be generated after development is not anticipated to significantly impact the local storm water system because the proposed building is the same size as the existing building and the project will not significantly increase the amount of surface water runoff, if any. f) Otherwise substantially degrade water quality? Less Than Significant Impact. The project developer will be required to prepare and implement a SWPPP, which will reduce and minimize surface water quality impacts. The project is not anticipated to degrade water quality or have any significant water quality impacts. g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The project does not propose to construct any housing, thus the project will not place housing in a 100-year flood hazard. h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? No Impact. Please see g) above. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. The Site is not located within a darn inundation area and there are no levees that will flood the site should they fail. No people or structures will be exposed to significant risk of loss, injury or death involving flooding due to the project. j) Inundation by seiche or mudflow? No Impact. There are no large bodies of water that will impact the site due to a seiche. The proj site is located in an area that is basically flat. There are no hillsides in the project vicinity that will impact the site due to a mudflow. The project will not be impacted by either a seiche or mudflow. IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? No Impact. The project site is owned by one entity and there is a building that houses a manufacturing business. The project will not divide an established community. b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? No Impact. The uses proposed for the site are consistent with the existing manufacturing land use and zoning designation for the property. The proposed use will not conflict with or have any significant land use impacts with the surrounding land uses in the area. The project will not have any conflicts with applicable land use plans or policies. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. See response in Section IV f) above. X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The City of National City General Plan does not identify any known mineral resources on the site. The project will not result in the loss of any known minerals that are of value to the region or the state. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Please see response a) above. XI. NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinanc applicable standards of other agencies? Less Than Significant Impact. The project will not generate noise levels that will exceed 1.1)C city noise ordinance. There will be noise associated with the demolition of the existing building and construction of the new building and parking lot. The operation of some of the demolition and construction equipment could have short-term noise impacts to area businesses Page 18 of 21 that are closest to the site. However, all construction activity must comply with the City noise ordinance. The long-term noise impacts will not be any greater than the noise that is presently generated on the site. The same use that operates on the site presently will continue upon construction of the new building. Some noise levels could decrease with construction of a new building due to new and improved building and insulation materials that could attenuate noise levels. b) Exposure of person to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. There will be vibration during project demolition, grading and construction from the operation of construction equipment. Once the project is constructed the vibration and ground borne noise levels will cease. The vibration and ground borne noise that will occur during construction are not anticipated to be significant or excessive and significantly impact employees in the immediate vicinity of the site because all construction noise will have to comply with the City noise ordinance. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. The project will not increase long-term noise levels. The existing business on the site will continue to operate in the new building once it is constructed. The business is not anticipated to substantially increase the ambient noise level in the project vicinity because the same manufacturing activity will continue and the new building will have better construction materials and insulation than the existing building, which will attenuate noise. The noise generated by the project will have to meet and comply with the City noise ordinance, which restricts the noise level that can be generatedby the manufacturing facility. Compliance with the noise ordinance will restrict and minimize noise impacts. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Please see Response a) above. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project site is not located within an adopted airport land use plan. The San Diego International Airport is the closest airport to the site and is located seven miles northwest of the site. The project will not expose people to excessive noise levels of an airport. XIL POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing "new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? No Impact The project will not directly or indirectly induce a growth in the population. The same number of people that are currently employed at the site will work at the site once the news building is constructed and the business is back in operation. The business owner does not anticipate hiring any more people than are presently employed at the site_ The project will not induce a substantial population growth in National City or any surrounding community. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. There are no houses on the site. The project will not require the displacement of any housing that will need to be constructed elsewhere. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact See Response b) above. XIII. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? No Impact. The project will not require fire protection services greater than the current demand by the existing use on the site. The new building will be required to provide fire sprinklers and other current fire protection measures as required by the building and fire codes. The construction of all mandated fire protection measures will minimize the impacts on the fire department and could reduce fire protection services with the construction of the new building that includes current fire suppression equipment. The project is not anticipated to have any significant fire protection impacts. Police protection? No Impact. The project is not anticipated to require police protection services greater than required by the existing use. The construction of a new building will include safety hardware, security lighting, etc. that are required by the building code. The incorporation of new and improved security measures will reduce service calls for police protection and have a positive impact for the police department. The incorporation of all police protection measures will minimize impacts to the police department. The project is not anticipated to have any significant police protection impacts. Schools? No Impact. The project will not generate students to area schools. The construction of a new building to replace the existing building will not generate students_ The project developer will be required to pay a student impact fee of $0.14 per Page 19 of 21 square foot for any additional square footage in addition to the existing square footage that exist The National School District will review the site plan to determine if there is any school impact fee required, and if so, the fee would have to be paid prior to the issuance of a building permit by the City. The payment of any student impact fee will mitigate any potential student impact to the National School District and its schools by the project. Parks? No Impact. The project will not require the need for new parks or the expansion of existing park facilities. The people that will be employed at the site will not impact the existing parks in the project area or the City of National City due to increased use. Other public facilities? No Impact. There are no additional public facilities that will be impacted by the project. XIV. I'ItANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact The project will not cause an increase in traffic. The project includes the construction of a new building to replace the existing building. The square footage and use of the new building will not be greater than the existing building and theua a will not change, thus no increase in traffic. The traffic associated with the new building will be the same as the amount of traffic g by the existing use. There will be increased traffic in the immediate, project vicinity during project construction. There will be truck traffic during demolition of.the existing building to haul building debris from the site. There will also be traffic during construction due to workers commuting to the work site, trucks delivering equipment and materials to the site, building inspectors visiting the site, etc. Once the project is completed the construction traffic will cease. The construction traffic is not anticipated to cause any significant traffic impacts due to the relatively small size of the building. by the county congestion management b) for desigeither individually or nated roads or highways? uNorvely, Impact`evel of The projectservice willstandard not generate traffic that will exceed individually or cumulatively the commission - of service established for the local roadways that serve the site. The project will not generate any more traffic than the current use on site. The existing circulation system has capacity to handle the traffic that is generated by the current use on the site and it will be adequa.,. to serve the traffic that will be generated after the new building is constructed and occupied. The project will not have any individual or cumulative impacts. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. There are no airports within seven miles of the site, thus the project will not impact air traffic patterns at any airport. The closest airport is San Diego International Airport, which is located approximately seven miles northwest of the site. The project will not impact air traffic patterns at the San Diego International Airport. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The project will be served by the existing circulation system that is adjacent to the site and the project will not require the design or construction of any new curves or intersections. The existing intersections and circulation system will serve the traffic needs of the project. e) Result in inadequate emergency access? No Impact. The project will provide adequate emergency access as required by the police and fire departments. The site plan will be reviewed by the police and fire departments to make sure suitable emergency access is provided before building permits are issued. f Result in inadequate parking capacity? No Impact. The project will be required to provide adequate parking as required by the city's parking code. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. The project will be required to provide any and all alternative transportation measures that may be required by the city, including bicycle racks. XV. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The project will not generate any more wastewater to the area wastewater treatment plant than presently generated. The project will not increase the nun ` f people currently employed and therefore there will not be an increase in the amount of wastewater generated by the project. T building will be required to install low-water consuming fixtures_ The project could reduce the amount of wastewater presently generated from the site with the installation of low-water fixtures resulting in positive impacts to the wastewater collection and treatment system. Page 20 of 21 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. Please refer to a) above. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The project will require the construction of on -site facilities to collect and discharge surface water runoff into the local storm drain system. The existing storm water collection system that currently serves the site has capacity to handle the surface water that will be generated from the site without requiring the construction of new facilities or expanding existing facilities. The project will not have any significant impacts to the existing storm water drainage system that serves the site because the project is not anticipated to generate any more surface water than presently generated. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact The project will consume water for drinking, flushing toilets, fire flow, landscape irrigation, etc. The city has an existing water main in Cleveland Street that provides water to the site and will continue to serve the proposed project. There is an adequate supply of water to serve the project without the need to find new or expand existing resources. The project will be required to incorporate all applicable water conservation measures, which will reduce water consumption over the existing condition. The project will not impact water supplies. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact The project will not have any impacts to the San Diego Metropolitan Wastewater Department and their ability to provide wastewater treatment services for the project The project will not require the San Diego Wastewater Department to increase or expand the capacity of any trunk lines or the treatment plant to adequately serve the project J) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact The project will generate solid waste that will have be collected and taken to a landfill. The project will not venerate any more solid waste than the ex:;ling use and will not significantly impact the life expectancy of the landfill that serves the project presently. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact The project will comply with all applicable federal, state and local statues and regulations related to solid waste. The project will not result in any activities that will generate solid waste and impact solid waste regulations or statues. XVI. ENERGY: Will the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a will -serve letter from the appropriate energy provider? No Impact. The existing use on the site consumes energy to light and heat the building, operate equipment, etc. The new building will also consume energy to operate lights, office equipment, machinery, etc. The new building may consume less energy overall due to the energy efficient light fixtures that will be installed. Overall the project is not expected to consume any more energy than presently and is likely to consume less energy than presently consumed by the use on the site. b) Conflict with existing energy standards? No Impact. Please see Response a) above_ XVIII- MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? No Impact. The project will not impact fish or wildlife populations because there are no fish or wildlife species or habitat on the site. The site is completely developed and located in an area that is developed with industrial and manufacturing facilities. There are no biological resources adjacent to or in the immediate project vicinity that will be impacted by the project. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) No Impact. The project will not have any impacts that will cumulatively be considerable. The project will have some short-term impacts such as noise and air emissions during project grading and construction, but they will be individually limited and together will not be cumulatively considerable. c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? No Impact. There are no aspects of the project that will have environmental effects that will cause substantial adverse effects. The project will have short-term impacts such as noise, aesthetics, and air quality emissions during project demolition and construction with the operation of construction equipment, but they will not cause substantial adverse effects. These short-term impacts will cease upon project completion. Page 21 of 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 ENGINEERING REQUIREMENTS FOR THE REVIEW OF HARRISON AVENUE STREET VACATION NORTH OF 23RD STREET Date: May 20, 2003 To: Andrew Hoskinson, Planning Depaitnient From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, Assistant Director of Public Works/Engineering Subject: HARRISON AVENUE STREET VACATION NORTH OF 23an STREET 1. A grading plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 2. Separate street plans showing new sidewalk (40') and curb (40'), prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 3. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 4. A sewer and drainage easement shall be granted to the City. Recycled Paper Planning Department May 20, 2003 Page 2 5. Pavement repair shall be required on 23rd Street and Harrison Avenue for smooth transition. 6. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 7. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 8 A title report shall be submitted to the Engineering Department , after Planning Commission approval, for review of all existing easements and the ownership at the property. AL:jha harrison 35 �F ari gin: lQ ANDREW HOSI(INSON 6/19- •. 6-4313 AGE NCY: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91 950 CENTRAL OFFICE: GEO CO: ROUTE ADMINISTRATOR RA. TEL NO. AREA GOVT LIAISON ALITY OR AUTHORITY: NATIONAL CITY PLANNING DEPT AGENCY DESIGN ENGINEER: .CATION. AS GUIDE`. SC-2003-1 /C DP-2003-4 STREET VACATI N & COASTAL DEVEL.O ENT HARRISON AVE NO OF 23RD ST VARIOUS RGROUWO RECORDS FOUND IN THE AREA CATIONS OF FA !LITE.. SHOWN ON ATTACHED MAPS ARE SUBJECT TO FIELD VERIFICATION. NO LIABILITY IS ASSUMED BY PACIFIC BELL hS TO ACCURACY OF LOCATION OF FACILITIES. PLEASE CALL 1.D00- 1 J2 AS HOURS IN ADVANCE OF ANY GRADING OR EXCAVATION IN THE VICINITY CONTACT197 -4276 or mmai/ to: aw1946@sbc.Goeml ai I_ji i ),i ira' II ,.,(,vlkF i1' i(r' ';i' I I1+-1 u.r!•I .vl -:::r q1 i1 tniuJ 4 tii es �T �l�i l olla ,il;'�' 7 G I-A:- v COMMENTS: HIGHLAND M329 JAN ISAACSON 619-266-4707 FRED ICRUSE 0 J Q F- 0 PLOT PACIFIC BELL FACILITIES ON IMPROVEMENT PLANS. VERIFY A UNDERGROUND FACILITIES IN THE AREA. IF YOUR AGENCY DESIRE: A'CONFLICT° CHECK PLEASE ADD OUR FACILITIES TO YOUR DRAWINGS & RETURN PRELIMINARY PLANS TO PACIFIC BELL. IF EXISTING TELCO IN AREA, CONTRACTOR SHOULC - LOCATE AND PROTECT IN PLACE. FROL-E- SED •• •i rV GVVJ 1`O` VG a L11J1 I VI LLV I I JVJ ... RoBERT E. BRErnze DirectorIksetopmext May 28, 2003 Mr. Andrew Hoskinson City of National City Planning Department 1243 National City Blvd. National City, CA 91950-4397 Re: Harrison Avenue Dear Mr. Hoskinson: The Borling®oo Northern sad Santa Fe *Away Company 740 Eat' Carnegie Dave Son Ben ndino. CA 97A08-3571 Phone: (909) 586-4042 Fax (909) 386-4045 EtnaBrenjca u13NSr.com I am in receipt of the information provided in your facsimile dated May 22, 2003. As you are aware, the Burlington Northern and Santa Fe Railway Company (BNSF) is in the prone.sc of preparing a quitclaim of certain property located within Harrison Avenue north of 24 Street in National City, California to the City of National City, pursuant to the terms of the Memorandum of Understanding (MOU) by and between BSNF and the City of National City dated April 1, 1997. It is my understanding that redevelopment activities associated with the proposed vacation of Harrison Avenue may require that City of National City representatives and/or contractors or agents be provided access to the property as described in the attached print. The City of National City was provided an easement deed dated November 9, 1999 from BNSF (Easement Deed)_ In the event that access to the property is required prior to the completion of the quitclaim of property by BNSF to the City of National City, the City of National City and its contractor(s), for either the construction or maintenance work on the highway within any easement area, shall be required to comply with the terms and conditions of the Easement Deed, including indemnification of BNSF and provision of applicable insurance coverages. A copy of the Easement Deed is attached for your reference. The City of National City, its contractor(s) and/or agents, shall not be allowed to place or permit to be placed, or to remain, any material, structure, pole, or other obstruction within Twenty (20) feet laterally of the center line of a main track or within Fifteen (15) feet laterally of the center line of any other track, or within Twenty seven (27) feet vertically from the top of rails of any track located on or adjacent to the property. In addition, the City of National City should notify Mr_ Greg Rousseau, BNSF Field Engineer at (909) 386-4079 prior to the commencement of work. Such notice should include a description of the work to be performed. nHI eta.),3 14;0,2 VUE-1_,R), ! 44Y May 28, 2003 Mr. Andrew Hoskinson Page Two Please review this information at your earliest convenience. If there are any questions or concerns, please fe,e1 free to contact me at (909) 386-4042. Thank you for your continued interest and assistance. Sincerely, REB/ Cc: Greg ROUSSE2U, BNSF BNSF - nation3lcity.hoskinson.052803 Robert E. Brendza Director, Facility Development IMPOOMPiness NATIONAL CITY, CALIFORNIA STREET or ALLEY VACATION REQUEST 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 c_- 2c 3--1 � �6�Receeip Nar- o. `1 D3 By Fee $ cvP-2c*- y NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. Please consider my request for the vacation of S 6.)7i located between (SQ p `t�cXn, , °x. " A) and as more particularly shown CO and described fon drawing of area to be°vacated, prepared by kt LA4 crtiJ dated `4 1 1 O "'� , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) PSI C _fll A ci aA. (( -(2'w Az w � 01_3,/19 (, NA S 1 ),\A cn 03td) Title Examination Report obtained by C T\ t 1- Z. 6n,Zr date LI 12 E 103 (attach copy) Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: N (c� 'uv\ Name: Signature 1 C.e,--Ara LL Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: Phone No. Phone No. Fax No. Fax No. Date: i Date: APPLICANT 4-- Name: L.-00A—v\I"\-gin L i L cti^E.t v (Please type or print) Signature: Cc w C v` (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Phone No. Fax No. Date: Street or Alley Vacation Request Application Revised December, 1998 Page 2 of 2 NATIONAL CITY, CALIFORNIA COASTAL DEVELOPMENT PERMIT APPLICATION 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 1. Applicants Information Applicant's Information Name CD C Address Phone ` (Li2-1S—rr Signature t//v�rf FAX NO. 3ic Li 2'3(Q Date Coastal Development Permit Application Revised December, 1997 Page 1 of 4 FOR DEPARTMENT USE ONLY Date Received Received By Assigned to: � Case File Number (s) Ci.)itp 0 SG-?4V3 -1 Filing Fee $ ► OC o*+ Receipt No. o+14y5 E.A.F. Required Fee $ Reviewing Body: Planning Department Planning Commission City Council Appealable to Coastal Commission? YES NO All items marked with * to be verified by staff Name Agent's Information Address Phone Signature FAX NO. Date 2. Agent's Authorization I, , hereby authorize to act as my agent and to bind me 'n all matters concerning this application. Signature of Applicant Date 3. Property Owner(s)* Present owner(s) of all property included in this application MUST SIGN HERE: (attach extra sheets if necessary) I (we) the undersigned declare that I (we) am (are) the PROPERTY OWNER(s) and hereby authorize the below signed applicant to act as my (our) agent for the submittal of necessary application materials. Signature of Owner(s) Signature of Owner(s) !r d Name i� a L l l V` ✓� Name Address Address Phone ( a _o AS) Phone Signature ��_ Signature Date W (Z C� Date 4. Project Location Address (between S1QQ L' K- - A - g and ) Assessor's Parcel Number(s)* Lot area (square feet) � A Existing use Adjacent uses Zoning* LCP (Land Use Plan) Designation* Coastal Development Permit Application Revised December, 1997 Page 2 of 4 5. Project Description Name of Project Describe development proposal, including incidental improvements (i.e., street improvements, utilities, etc.): If land division, state number of proposed parcels, parcel sizes, etc.: / f Project height Building coverage f` sq.ft. Parking (no. of spaces) Paving coverage sq.ft. Grading required? (if yes, attach details an plans) Diking, dredging, or filling of open coastal waters of wetlands? (if yes, attach details) 6. Attachments Proof of applicant's legal interest in the property. Project plans, folded to 81/2" x 11", including site plans, floor plans, elevations, grading and drainage plans, and landscaping plans. (20 sets of project plans are required for coastal development permits that involve Planning Commission action. For permits requiring only Planning Department approval, 4 sets are required). Detailed description (if any, from No. 5 above). Coastal Development Permit Application Revised December, 1997 Page 3 of 4 7. Certification hereby declare that the foregoing is, to the best of my knowledge, true and correct and understand that failure to provide truthful and accurate information necessary to process this permit application, or to provide notice as required, may result in delay in processing the application or may constitute grounds for revocation of the permit requested herein. Signature of Applicant Coastal Development Permit Application Revised December, 1997 Page 4 of 4 J-12861 EXHIBIT "A" STREET VACATION Being a portion of the Northeasterly Half of "Harrison Avenue," 80.00 feet in width which adjoins Block 279, a portion of Block 278 and 22nd Street (vacated) as said blocks and streets are shown on "Map of National City, California," filed October 2, 1882 as Map 348, in the City of National City, County of San Diego, State of California, said portion more particularly described as follows: Beginning at the Southwest corner of Block 279 of said Map 348; thence along the prolongation of the Northwesterly Right-of-way of 23rd Street of said Map 348 South 72°01'18" West 40.00 feet to the centerline of said Harrison Avenue; thence along said centerline North 17°46'37" West 380.14 feet, more or less, to the prolongation of the lot line common to Lots 8 and 9 in Block 278; thence along said prolongation North 72°13'23" East 40.00 feet to the Northeasterly line of Harrison Avenue; thence along said Northeasterly line South 17°46'37" East 380.00 feet to the TRUE POINT OF BEGINNING. Reserving from said vacation an easement for rail road purposes to the Atchison, Topeka and Santa Fe Railway Company, said reservation more particularly described as follows: Beginning at the Southwest corner of Block 279 of said Map 348; thence along the prolongation of the Northwesterly Right-of-way of 23rd Street of said Map 348 South 72°01'18" West 10.00 feet to the TRUE POINT OF BEGINNING; thence continuing South 72°01'18" West 13.00 feet; thence leaving said Northwesterly Right-of-way North 17°46'37" West 88.21 feet to the beginning of a tangent 543.50 foot radius curve concave Southwesterly; thence Northwesterly along said curve through a central angle of 14°22'05" an arc distance of 136.29 feet; thence leaving said curve Northwesterly along the centerline of Harrison Avenue North 17°46'37" West 45.38 feet to a point on the arc of a non -tangent 556.50 foot radius curve concave Southwesterly, a radial line to said point bears North 53°19'27" East; thence leaving said centerline Southeasterly along said curve through a central angle of 18°53'56" an arc distance of 183.56 feet; thence South 17°46'37". East 88.16 feet to the TRUE POINT OF BEGINNING. Via? to d I:T © Fv. Robert G. Schoettmer, L.S. 4324 Jb/12861.001 NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. SC-2003-I/CDP-2003-4 DATE: 5/2/2003 No. L004324 Exp. 6.30-2004 EXHIBIT 'B" 40' 2211 Log \\ � =, N53"19'27."E (R) -' \ 7.11 m ti� \ ® jlY'�i�.O' W �� \® LEGEND INDICATES PORTION OF HARRISON AVENUE, VACATED 0.349 ACRES (R) INDICATES RADIAL BEARING P.O.B. INDICATES POINT OF BEGINNING r CURVE TABLE NO. DELTA RADIUS LENGTH C1 14°22 05" 543.50 136.29 C2 18°53'56" 556.50 183.56 COURSE TABLE NO. BEARING DIST. L1 N17°46'37"W 88.21 L2 N17°46'37"W 88.16 L3 N72°01'18"E 13.00 L4 N72°01'18"E 10.00 o �t;�, 60 30 0 \ \ !` SCALE 1' = 60' EASEMENT FOR RAIL ROAD PURPOSES TO ATCHISON, \ TOPEKA, AND SANTA FE \ RAILWAY COMPANY 23rd 5TREET P.O.B. T. P O. B. OF RESE ■.'•■ RICK nowlm INem r ENGINEERING '''"'' r" COMP J. 12861G 4-9-03 DATE PLAT TO ILLUSTRATE LEGAL DESCRIPTION OFA STREET VACATION OVER PORTION OF HARRISON AVENUE ROBERT G. SCHOETTMER, LS 4324 m1\G_12861\exhl Dlts\d_12861 \x 2861 .ai_vac. Gen \\srv_cvnr31\R IckStcn0Ords\ I,IatV6\58\Pen\ca !camp. pen MEETING DATE August 5, 2003 City of National City, California COUNCIL AGENDA STATEMENT **Re1 er::i_a It r i_:#2,5 AGENDA ITEM NO. 2 ITEM TITLE PUBLIC HEARING —AMENDMENT TO TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE CLARIFYING REQUIREMENTS REGARDING LANDSCAPING, PAVING OF FRONT YARDS, FENCING, PARKING, CONDITIONAL USE PERMITS, THE HISTORIC PROPERTIES LIST, SETBACKS FOR SINGLE-FAMILY HOME ADDITIONS, DAY CARE FACIITIES AND ADDITIONAL USES. (CITY INITIATED) CASE FILE NO. A-2003-2 PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning tie4 EXPLANATION The proposed amendments are described in the attached list. The changes will clarify regulations and procedures, correct errors or eliminate inconsistencies. The Planning Commission recommended approval of the amendments after holding a public hearing July 7. An Ordinance for this amendment is addressed in a separate agenda item. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Approve the proposed amendments. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } 1. Amendments 2. Finding _ 3. Notice of Exemption A-200 (9/8O) Resolution No. DESCRIPTION OF DRAFT CHANGES Numbers at the end of each title in the list correspond to those in the attached, draft ordinance. SUSMP-Related 1. Paving of front yards, 18.14.420D The Standard Urban Stormwater Mitigation Plan (SUSMP) encourages the provision of landscaping and discourages paved surfaces, in order to reduce urban runoff and associated water pollution. To help carry out these objectives, a change to the Land Use Code is proposed to prohibit paving of residential front yard areas, except for approved driveways, walkways or patio areas. Currently there is no limit on paving front yards. Landscaping and Fencing 2. Entry Arbors, 18.45.010 (new subsection J), 18.50.035 Would allow entry arbors, either freestanding or as part of a fence. These are often purchased at home improvement stores but may also be constructed on site. The four -foot height limit for fences in the front yard setback effectively prohibits their use currently. 3. Minor Fence Height Variations, 18.50.030 Pilasters and similar features are also restricted by the four -foot height limit. These changes would avoid the need for minor variances. 4. Landscaping, 18.45.010 B and I deleted, 18.98.090, 18.98.100 deleted Would delete redundant references in the Code, such as allowances for landscape elements in yards (Chapter 18.45), as landscaping is required in other relevant Code Sections. Also would update Code Sections pertaining to landscaping at service stations (Chapter 18.98), needed for consistency with other Code Sections and Landscape Guidelines. Parking 5. Number of Required Parking Spaces for Residential Uses and Hotels, 18.14.390, 18.16.192, 18.30.110, 18.58.240, 18.58.290 The Land Use Code contains parking requirements for residential uses and hotels/motels in more than one place. The standards are inconsistent. The proposed changes would clarify the requirements by eliminating incorrectly stated requirements, and locate the corrected standards in the Parking Chapter of the Code. 6. Garage and carport dimensions, Add Section18.58.345 Would clarify standards for dimensions of garages and carports. Addition of a new section will avoid the need to review multiple Code sections and calculate required dimensions. 7. Parking space and aisle dimensions, 18.58.310 (Add Subsection H) Adds a reference to an existing diagram in the Code pertaining to compact parking, used for determination of required dimensions for parking facilities. 8. Driveway widths, 18.58.360, 18.58.430 Would clarify standards for widths of access driveways, distinguishing between those within a parking lot and those connecting the lot to a street or alley. Divide Section 18.58.360 into subsections. 9. Additional standards for driveways and parking spaces, 18.58.420, 18.58.460, 18.58.620, 18.58.690 Would clarify standards for emergency vehicle access, referencing City Fire Department requirements, and would also clarify that the City Engineer determines compliance with parking facility standards for gradients, paving, and drainage. Uses and Definitions 10. Assisted Living Facility and Skilled Nursing Facility, 18.04.051, 18.04.607, and Appendix D, Use Group 8 The Land Use Code does not mention these two common uses. The changes would update the list of permitted uses in Use Group 8 (Community, Cultural & Public Recreational) by including assisted living facility and skilled nursing facility. Definitions for these uses would also be added. 11. Residential care home, Appendix D, Use Group 8 The Land Use Code and State law define and allow a residential care home, for six or fewer individuals, as a residential use. To be consistent with the law, this use would be deleted from use group 8. 12. Physical therapist (licensed), Appendix D, Use Group 27 Would allow physical therapists in the same Zones as other health professionals, such as doctors and dentists. 13. Child day care, 18.04.240, 18.04.241, 18.04.241.1, 18.83.020, 18.83.030, 18.83.031, 18.83.041 This would update definitions and regulations pertaining to child day care in homes, in accordance with requirements of State law. Other Code Amendments 14. Setback variations for single-family homes, 18.14.240 Older homes do not always meet setback requirements for new construction. The amendments would allow for an addition to a single-family home that matches the front and side yard setbacks of the existing home. 15. Conditional Use Permits, 18.116.200 Adds clarification that violations of conditions of a conditional use permit, or failure to obtain a conditional use permit, constitute violations of the Land Use Code. 16. Historic Properties, 18.139.020 Deletes the reference to maintenance of the historic properties list in the General Plan, as the list is no longer a part of the General Plan but is maintained and updated by separate Council action. RECOMMENDED FINDING FOR APPROVAL That the proposed Code amendments are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan programs and policies. Proposed changes which clarify certain standards would facilitate the use of the Code as well as the implementation of the General Plan. Changes which address paving, landscaping and fencing carry out General Plan policies that encourage enhancement of community appearance. Those that address paving and landscaping also are consistent with policy for conservation of natural resources, as landscaping and reduced area of paved surfaces facilitates reduction of storm water runoff. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. A-2003-2 Project Location: Citywide Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 (Zoning) of the Municipal Code clarifying requirements regarding landscaping, paving of front yards, fencing, parking, conditional use permits, the historic properties list, setbacks for single-family home additions, day care facilities and additional uses Telephone Number: (619) 336-4310 Applicant Name and Address: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class _, Section (Definition) (1 Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) X Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes that clarify current regulations and procedures or allow minor changes for developments, concerning arbors, fence height or setbacks for existing homes, that would also be exempt from environmental review. Date: Steve Ray Principal Planner Recycled Paper August 5, 2003 .AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 3 ITEM TITLE PUBLIC HEARING -APPEAL OF A COASTAL DEVELOPMENT PERMIT FOR A READY MINEIT-CONCRETE PRODUCTION AND DISTRIBUTION FACILITY ON THE SOUTH SIDE OF THE 900 BLOCK OF BAY MARINA DRIVE (APPLICANT: ASSOCIATED READY MIXED CONCREI'L, INC.) (CASE FILE NOS.: CDP-2003-2/IS-2003-1 PREPARED BY Roger Pod`t 3 6-4310 DEPARTMENT Planning EXPLANATION The Planning Commission denied this project on June 2, 2003. The applicant submitted an appeal on June 12, 2003. The attached background report describes the item in detail. The applicant submitted a previous application for a similar proposal at the same site that was denied by the Planning Commission in 2002; however, it was withdrawn prior to City Council consideration. Environmental Review X Financial Statement N/A NIANegative Declaration Proposed STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD I COMMISSION RECOMMENDATION The Planning Commission denied the Coastal Development Permit. Vote: Ayes -Unanimous ATTACHMENTS i Listed Below 1 1. Background Report 5. 2. Recommended Findings 6. 3. Recommended Conditions of Approval 7. 4. Appeal Letter Account No. Location Map 8. Site Photographs 9. Proposed Negative Declaration 10 and Initial Study Resolution No. Departmental and Agency Comments Application . Applicant's Plans (Exhibit A) A-200 (9/80) BACKGROUND REPORT The project site is on the south side of Bay Marina Drive, approximately 170 feet west of the Bay Marina Drive/Marina Way intersection. It is a vacant 1.21 acre lease area of a larger 18.49 acre U-shaped parcel in the Medium Manufacturing -Coastal Zone (MM-CZ). It has 165 feet of frontage on Bay Marina Drive and is 465 feet deep; it narrows to 100 feet at the south end. Nearby uses, all in the MM-CZ zone, include a cement distribution facility to the south on the same property, Georgia Pacific Wholesale Lumber to the north across Bay Marina Drive, an auto storage lot west of the site, and railroad right-of-way immediately to the east. Further east across Marina Way, in the MM-CZ and Commercial Tourist -Planned Development -Coastal Zone (CT-PD-CZ), are Rail Car Plaza and industrial properties being acquired by the Community Development Commission (CDC) for redevelopment. The applicant proposes to construct and operate a ready mixed concrete production and distribution facility. The site will be developed with the following improvements: • A 2,700 square foot aggregate material storage enclosure located on the east side of the property approximately 17 feet south of Bay Marina Drive. The 35-foot tall enclosure is not an ordinary building. It will not have a roof or any doors or windows; material loaded into it through the top by the conveyor belts. The gray concrete tilt -up enclosure will have three-inch deep inset horizontal scores and 38 '/2 foot tall steel columns, spaced every 26 feet, on all facades. Additionally, the north and east elevations, which are the most visible, will be enhanced by angled concrete panels that tie the enclosure into a block wall along Bay Marina Drive. • A central mix concrete batch plant, which mixes the aggregate material, cement and water together to make concrete, will be located in the middle of the site. It will be 684 square feet in size and 59 feet tall. • The dispatch office and parts storage building will both be constructed of gray tilt up concrete panels to match the aggregate materials enclosure. The office will be located adjacent to the aggregate storage bin, and the parts storage building will be on the south end of the lot. • Conveyor belts will run from ground level near the north end of the storage enclosure to as high as 39 feet where they will connect with the batch plant. • In order to collect all stormwater runoff and runoff from the operation, three 12 foot by 36 foot wash out pits, one 24 foot by 36 foot drying pond, and one 12 foot by 20 foot runoff sump will be constructed on - site. • Smaller miscellaneous site improvements will include a 140 square foot drive -over hopper (container) for unloading aggregate materials; it will be located adjacent to the aggregate storage enclosure. Additionally, all vehicular travel areas of the site. will be paved, and 15 passenger car parking spaces and 9 mixer truck spaces will be provided. Finally, on -site landscaping will consist of a 17-foot wide area along Bay Marina Drive, which includes two feet of parkway, and a 6 to 10 foot wide strip along the eastern site boundary. The landscaping will consist of a mixture of groundcover, shrubs and trees. The applicant has indicted that the facility will employee 15 people, and will regularly operate Monday through Friday from 6:00 a.m. to 3:30 p.m. They estimate the use will generate between 63 and 85 roundtrip truck trips a day, with an average of nine or more mixer trucks loading and leaving the site between 6:00 and 7:00 a.m., the busiest hour of operation. The Local Coastal Program (LCP) protects views of and access to coastal areas and the bay. However, the LCP does not identify any important views from or across the project area. Existing views across this area are from Interstate 5 and from some elevated areas of the City. The views are of industrial development and ships when they are in port. The almost 60 foot height of the concrete silos, which are shorter than the existing 85 foot tall silos adjacent to the south, and other site improvements will add to the views of industrial development. The project should not negatively affect access to coastal resources, such as the existing Pepper Park public boat { ramp and the future marina, since the truck traffic it generates will not use or pass by Marina Way; Marina Way was constructed to provide convenient and attractive public access to National City's coastal resources. The proposal is consistent with the MM-CZ combined General Plan/zoning designation, which allows production and processing activities that generate some degree of noise and vibration, and involve some air pollution or potential for fire or explosion. There are no variances needed, since the proposal meets all development standards such as the 60-foot height limit and minimum setbacks. Additionally, a Noise Technical Study prepared by Giroux & Associates indicates that the project will not exceed the noise standards in Title 12 of the National City Municipal Code. Despite functional limitations, such as the need for a rectangular materials storage enclosure without a roof, the project complies with several City Design Guidelines. The enclosure will primarily be constructed of two materials, concrete and steel, but will have a variety of textures. Additionally, the use of angled concrete panels to create wall plane variation gives the enclosure a very unique appearance. CDC, who has worked with the applicant on redesigning the structures, has expressed their support of the project in an attached memorandum. If maintained, the landscaping proposed will soften and screen the proposed structures and use. Additionally, the shrubs around the base of the walls will protect them from graffiti. The 17 foot wide landscape area along Bay Marina Drive is considerably more than required by Code and the 6 to 10 foot wide landscape strip along the east side of the property should be adequate. Concerns exist over the compatibility of the proposed use with the uses planned for the nearby CT-PD-CZ. There is however, an approximately 170-foot wide railroad right-of-way adjacent to the east of the site that separates the site from Marina Way and the planned tourist commercial uses. There are often railcars stored on the tracks in this area, as shown in the attached site photographs (view from Marina Way). The site could be used for other uses that might be more complementary to the existing and proposed tourist commercial uses to the east and northeast, and provide a better transition between some of the intensive industrial uses to the west and south and the existing and future tourist commercial development. Potential environmental impacts associated with the project are addressed in the attached Initial Study, which resulted in the proposed finding that the project will not have a significant effect on the environment. The main issues discussed in the Initial Study are traffic and noise generation. All truck traffic generated by the project will be routed to the west and north on Bay Marina Drive , Tidelands Avenue and Civic Center Drive, which are all operating below capacity. Planning Commission considered this item at a public hearing June 2, 2003. Commissioners heard testimony in opposition to the project from several residents of National City, from several owners of businesses in National City, and from members of organized labor. The primary reasons members of the public stated for opposing the project were heavy truck traffic associated with the project, its close proximity to the gateway to the National City Marina, and its use of non -union labor. Commissioners discussed the air emissions of the project, the heavy truck traffic and the unique architectural design. They voted to deny the project, determining that the site is not suitable for the proposed use, since the use will not enhance the nearby tourist commercial properties. RECOMMENDED FINDING FOR DENIAL 1. That granting of this coastal development permit is not consistent with all other City plans and ordinances, since General Plan policies encouraging new development to be appropriate to the needs of the community and to enhance surrounding areas, such as the nearby tourist commercial properties, will not be achieved by development of the concrete production and distribution facility at the proposed site. POSSIBLE FINDINGS FOR APPROVAL 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the granting of this coastal development permit is consistent with and implements the Certified Local Coastal Program, since the proposed ready mixed concrete manufacturing and distribution facility is an industrial use consistent with the Local. Land Use Plan designation of Medium Manufacturing - Coastal Zone (MM-CZ) applicable to the property. 3. That the conditions of approval are adequate to carry out the Certified Local Coastal Program, as required in the implementing ordinances, since the project meets all City standards identified in the Local Coastal Program. 4. That granting of this coastal development permit is consistent with all other City plans and ordinances, since the General Plan identifies this area for intermediate industrial uses and since the project is in compliance with all Land Use Code requirements and City Design Guidelines. RECOMMENDED CONDITIONS OF APPROVAL 1. This Coastal Development Permit authorizes the construction and operation of a ready mixed concrete production and distribution facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Case File no. CDP-2003-2, dated 3/27/2003. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, and shall be consistent with the requirements of the City's On -site Landscape Guidelines. 3. A trash enclosure shall be provided in accordance with city standards. It shall have a block exterior with three inch deep reveals to match the building. 4. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 5. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 6. A grading and drainage plan, prepared in accordance with the City's standard requirements by a Registered Civil Engineer, shall be submitted showing all existing on and off -site improvements. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National City Pollutant Discharge Elimination System regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 7. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 8. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-of-way shall be six inch in size with a clean -out. A sewer stamp "S" shall e provided on the curb to mark the location of the lateral. 9. The five feet of deteriorated sidewalk and ten feet of deteriorated driveway along the property frontage shall be removed and replaced. 10. A permit shall be obtained from the Engineering Department for all improvement work within the Public right-of-way, and the grading construction on the property. 11. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 12. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 13. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 14. Before this Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 15. 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. ASSOCIATED READY MIXED CONCRETE, INC. 2730 E. Washington Blvd. Los Angeles, Ca 90023-2636 Ph. 323-260-5350 June 12, 2003 Hon. Nick lnzunza, Mayor City of National City 1243 National City Blvd National City, Ca 91950 Ref: CDP-2003-2/IS-2003-1 Hon. Mayor: The above referenced project was denied on June 2, 2003 by the Planning Commission. I respectfully appeal the Planning Commission's decision to your Council. Enclosed please find a check in the amount of $350.00 for the appeal fee. If you have any questions, please call me at [619] 840-4500. Thank you for your consideration. Respectfully, arvey, nal Manager NATIONAL CITY .ANNING DEPARTMENT Ifl1 2XBE'D Looking toward project site from Marina Way Railroad tracks on property adjacent to the east of the site Project site from the northeast corner of Harrison Avenue and Bay Marina Drive City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Description: The proposed project involves the improvement of 1.21 acres for use as a ready mix concrete distribution facility. Physical site improvements consist of the construction of a 35 foot tall, 2,700 square foot aggregate materials storage building, aproximately 28,000 square feet of paving, over 2,000 square feet of drying ponds and wash out pits, and landscaping. Additionally, a batch plant with two 59 foot tall cement silos will be placed on -site. Operation of the facility will involve the daily distribution of roughly 340 to 515 cubic yards of concrete. Approximately nine mixer trucks making 45 trips will deliver the concrete throughout the southern San Diego Region. (Case File Nos.: IS-2003-1, CDP-2003-2) Applicant: Associated Ready Mixed Concrete, Inc. Address of Project: 920 Bay Marina Drive ****************************************************************************** Project Discussion The proposed ready mix concrete distribution facility is a permitted use at the project site, which is located in industrially developed area zoned Medium Manufacturing -Coastal Zone (MM-CZ). The proposed project includes catch basins to filter out pollutants prior from site runoff, and an air quality control system to minimize the dust emissions from operation. The water quality and air quality equipment will undergo routine inspection to ensure they are functioning properly. These factors will ensure that there are no significant water or air quality impacts. Additionally, the amount of vehicular traffic will not have a significant affect on nearby streets, which are operating below capacity. Finally, operation of the facility will meet City noise standards. Therefore, the proposed project will not have a significant effect on the environment. Proposed Environmental Finding: That the proposed Negative Declaration (IS-2003-1) has been considered together with any comments received during the public review process, and that based on the whole record (including the Initial Study and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached (IS-2003-1). Recycled Paper City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR INITIAL STUDY Project plans & Environmental Assessment Form Case File No.: IS-2003-1 received on: March 27, 2003 Reference Files: CDP-2003-2 Environmental Assessment Form Determined Complete by: Andrew Hoskinson, Assistant Planner Date: May 2, 2003 Initial Study completed by: Andrew Hoskinson Date: May 5, 2003 *****************************************:************************************* Address of Project: 920 Bay Marina Drive, National City, CA 91950 Project Description: Environmental Setting: The proposed project involves the improvement of 1.21 acres for use as a ready mixed concrete distribution facility. Physical site improvements consist of the construction of a 35 foot tall, 2,700 square foot aggregate materials storage building, approximately 28,000 square feet of paving, over 2,000 square feet of drying ponds and wash out pits, and landscaping. Additionally, a batch plant with two 59 foot tall cement silos will be placed on -site. Operation of the facility will involve the daily distribution of roughly 340 to 515 cubic yards of concrete. Approximately nine to thirteen mixer trucks will deliver the concrete throughout the southern San Diego Region. (Applicant: Associated Ready Mixed Concrete, Inc.) The project site is an approximately 1.21 acre portion of an 18.49 acre parcel on the south side of Bay Marina Drive. A railroad spur crosses the site. Other nearby uses include a bulk cement distribution company, warehouse and distribution facility, an automobile storage lot and the Historic Railcar Plaza. The site is flat, vacant but disturbed land. There are existing juniper trees along the north property line. A 30- foot wide asphalt concrete driveway extends along the west property line from Bay Marina Drive to TXI- Riverside Cement Co. on the southern portion of the parcel. The site is fenced on the north, west and east. Recycled Paper Conclusion: 1) X A Negative Declaration is proposed, since X (a) There is no substantial evidence that the project may have a significant effect on the environment; or (b) The project may result in a significant environmental impact but revisions in the plans by the applicant mitigate or avoid the effects where clearly no significant effects would occur; or, 2) An EIR is required since the project may result in a significant environmental impact. RECOMMENDATION: That the decision -making body consider the proposed Negative Declaration together with any comments received during the public review process and find on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. LAND USE: The project site is a flat property with no structures except a fence located on it. However, the site is not in natural condition. No demolition will be required to construct the project. The site is located in a Medium Manufacturing -Coastal Zone (MM-CZ) that permits the use. Most nearby properties are industrially developed or have railroad facilities in place to serve the industrial uses. The proposed project is in conformance with the National City General Plan and the Local Coastal Program Land Use Plan. TRAFFIC: Traffic data provided by the applicant indicates that the proposed ready mix concrete distribution facility will generate an average of 126 to 170 truck trips and 30 automobile trips a day. These projections are based on an average distribution of 340 to 515 cubic yards of ready mix concrete per day. The greatest increase in traffic will occur on Bay Marina Drive between the project site and Tidelands Avenue to the west, on Tidelands Avenue to Civic Center Drive in the north, and on Civic Center Drive to its connection to Interstate 5. Bay Marina Drive and Tidelands Avenue are classified as collector streets with a capacity of 12,000 Average Daily Trips (ADT), and Civic Center Drive is a major arterial with a capacity of 25,000 ADT. According to San Diego Association of Governments, in Average Daily Traffic Volumes 1996-2000, the volumes of traffic on the above noted roads are all well below their noted capacities. Bay Marina Drive between the project site and Tidelands Avenue has the highest traffic volume of the three roads at 8,500 ADT. Traffic generated by the project is consistent with the City of National City's Transportation and Circulation element in the General Plan. Additionally, the traffic generated by the concrete batch plant will contribute minimally to the peak morning traffic flow and even less to the peak afternoon traffic flow. According to a transportation analysis report on the project area, prepared by Urban Systems Associates in 1997, the morning peak hour traffic is from 6:00-7:00 a.m. and the afternoon peak hour is from 4:00- 5:00 p.m. In the morning the traffic is mainly headed west from Interstate 5 along Bay Marina Drive, and during the afternoon peak hour the traffic is headed east on Bay Marina Drive. The project will not typically generate any additional traffic during the afternoon peak hour, and during the morning peak hour project traffic will be a maximum of 30 westbound trips. Also, the truck traffic generated by the project cannot leave the site at any greater rate than one truck every two and a half minutes, as it is limited by the performance of the batch plant. Thus, the project should have little impact on the peak traffic flows in the area. Finally, the traffic generated by the project will not significantly affect recreational traffic headed to the nearby Tourist Commercial areas, since the traffic generated by the facility will not typically be headed east on Bay Marina Drive past commercial and/or residential uses. NOISE: The noise standards in the project area are elevated over those directly specified in Title 12 of the National City Municipal Code because of the existing noise environment. Specifically, the existence of truck and auto traffic, industrial uses, and rail line use in the area has established baseline standards of 64 dB(A) between 10:00 p.m. and 7:00 a.m. and 69 dB(A) between 7:00 a.m. and 10:00 p.m. for the Tourist Commercial properties east of the project site. The project's main sources of noise are the concrete batch plant, the aggregate delivery trucks, the mixer trucks, and the conveyor belts. The highest noise levels will be generated between 6:00 and 7:00 a.m. Noise will be sporadic throughout the rest of the day. During the busy first hour of operation each day there will be three mixer trucks warming up and one being loaded for a total time of 30 minutes. The resulting average hourly noise at the northern and western property boundaries will be 78 dB(A) or less, which is under the 80 dB(A) limit set by the National City Municipal Code for Heavy Industrial zones west of Interstate 5. The proposed 2,700 square foot, 35 foot tall concrete block building and a 10 foot tall noise reduction wall adjacent the east side of the batch plant will reduce project noise before it reaches commercial properties over 360 feet to the east. Project hourly noise levels will be reduced to 59 dB(A), below the maximum noise limits, 64 dB(A), for the CT zone. Thus, the project will not have a significant effect on any nearby noise receptors. Despite not exceeding noise standards the back-up alarms on the trucks could be intrusive at off - site receivers, since the sound they make is not readily masked by background noise. However, the site has been designed with a drive through truck wash rack and hopper to minimize the number of times the trucks must back-up. The 13 to 15 mixer trucks will primarily need to back- up only at the end of the workday to use the washout pits; however, it is possible that they can also use the washout pits by just pulling along side them. Given the small number of trucks operating on -site and the minimal number of times they will need to back-up, the noise from the back-up alarms will not have a significant effect on off -site noise receptors. WATER QUALITY: All runoff from the project site will be directed either to a 12 foot by 20 catch basin on the north end of the site or to one of three 12 foot by 36 foot wash out pits/catch basins on the south end of the site. There is also a 24 foot by 36 foot drying pond adjacent the wash out pits. Prior to entering City streets the trucks will be washed at the wash rack adjacent to the catch basin at the north end of the site. The water used to wash the equipment and trucks will be collected and recycled, and the concrete residue will be collected and transported off -site for disposal. Additionally, all materials stored on -site will be stored in fully enclosed structures with impervious floors. Permanent berms will be constructed around the storage structures. Vehicle maintenance, except for minor repairs, and fueling will take place off -site. Finally, if approved, the project will be required to meet all National City NPDES regulations beginning with the implementation of a grading plan. The project will not have a significant effect on water quality in the area, since these appropriate measures will be taken to prevent runoff and pollutants from entering the City's stormwater system and coastal waters. AIR QUALITY: The project will incorporate a number of air pollution control devices and best management practices. The concrete batch plant includes an air pollution control system, which partly consists of baghouses that prevent dust emissions during transfer of materials. All cement will be off loaded from the trucks to the storage silos via a pneumatic system, also designed to prevent dust emissions. The air pollution control system equipment will be inspected regularly to ensure that it is in proper working order. Additionally, the applicant will provide access to the facility and all equipment for Air Pollution Control District inspectors. In order to further reduce dust emissions, the site will be paved and all trucks will be washed to remove any dust/contaminants prior leaving the site. Finally, the applicant will apply for the necessary Air Pollution Control District permits to construct and operate the facility. Project traffic is not anticipated to impact air quality. It is consistent with the approved General Plan; therefore the goals and objectives of the current Regional Air Quality Strategy (RAQS) ensure that the air emissions of the traffic generated by this project have already been accounted for in the RAQS. The project as a whole will not have a significant effect on air quality, because of the implementation of the measures and use of the equipment mentioned above. BIOLOGICAL RESOURCES: The project site has no value as habitat for threatened or endangered animals or plants, since there is no vegetation or natural habitat, and since it is surrounded by developed properties. The project site is over 750 feet to the northwest of Paradise Marsh, a National Wildlife Refuge. At this distance it is an unlikely location for predatory birds to hunt from. Thus, the project will not have a significant effect on biological resources. AESTHETICS: Two 59-foot tall cement silos, conveyor belts, and a 35-foot tall building will give the project an unusual vertical profile. However, it will not be out of place considering the existing development in the area, which includes a bulk cement distribution facility with two 85-foot tall silos a few hundred feet south on the same property. Also, the building's appearance is enhanced by a unique use of concrete panels and steel columns. Additionally, landscaping will enhance the project's appearance and reduce the bulk of the proposed development. Finally, the project will not have a significant effect on the visual aesthetics in the area, since the site is surrounded by industrial development, and rail facilities serving that development. SCENIC VIEWS: There are no scenic views from the project site. The only views are of railroad equipment to the west, and industrial development to the south, east and west. Additionally, the project does not block any existing views of the bay from nearby properties. However, the 59-foot tall cement silos will be visible from some elevated areas of the City east of the site. Again, they will be much shorter than the existing 85-foot tall silos south of the site. Therefore, the proposed development will not have a significant effect on scenic views. SOLAR ACCESS: The proposed development is located near the center of the approximately 165 foot wide project site, and despite a maximum height of almost 60 feet will not affect the solar access opportunities of adjacent development, since the closest development is over 200 feet to the west. HAZARDOUS MATERIALS: The operation of the ready mixed concrete distribution facility does not involve the handling of hazardous materials that are toxic, unstable, flammable or explosive. The materials handled, mainly cement, coal fly ash, and cement dispersing agents pose only minimal risk to those handling them, if handled incorrectly. Standard handling procedures designed to minimize the risk of injury from working with the materials will be practiced. Additionally, the necessary first aid treatment equipment and elements will be present on the site in case of accident. REFERENCES: • Transportation Analysis for the 24th Street Widening and Harrison Avenue Extension Projects in National City, by Urban Systems Associates, Inc. • National City General Plan • National City Local Coastal Program • National City Municipal Code: Title 12 Noise Control and Title 18 Zoning • National City Transportation Study • Comments from National City Engineering Department • Associated Ready Mixed Concrete, Inc. Environmental Assessment Form and Addendum to Associated Ready Mixed Concrete, Inc. Applications CDP-2003-2 and IS-2003-1 • Noise Technical Study, Associated Ready Mixed Concrete Plant, prepared by Giroux & Associates The City of National City, California ENVIRONMENTAL ASSESSMENT FORM NOTICE This information you provide in this form will be used to determine whether or not an environmental impact report is needed. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT GENERAL INFORMATION Planning Department File No(s).: (Please Print of Type) Type of Permit Required COASTAL DEVELOPMENT Date 27 MARCH 2003 Name and Address of Permit Applicant TXI-ASSOCIATED READY MIXED 4621 TELLER AVE, STE. 130; NEWPORT BEACH, CA 92660 Name and Address of Property Owner BURLINGTON NORTHERN SANTE FE R.R. 740 E. CARNEIGIE DR; SAN BERNARDINO, CA 92408-3571 Name and Address of Person Who Prepared the Plan(s) MARTINEZ+CUTRI, A.I.A. Date of Preparation Legal Description of the Project Site PORTIONS OF TERMINAL GROUNDS, Site Address 920 BAY MARINA DR.; NATIONAL For Residential: No. of Dwelling Units N/A For Commercial: Type of Building N/A Square Footage N/A For Industrial: Type of Building WOOD FRAME/STUCCO AND CONCRt I TILT -UP Square Footage 3,580 S.F., COMBINED Other: Type of Building Square Footage 2 3/28/97 CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT (General Instructions) The State of California requires cities to assess the environmental impact of all development projects before permits for such action are issued. The attached form will assist you in presenting the environmental effects of your project. The form consists of the following sections. A. BACKGROUND INFORMATION You will be asked to give a general description of the project and its environmental setting. B. ASSESSMENT OF ENVIRONMENTAL IMPACT You will be asked to respond to a series of yes/no questions. A "yes" answer will mean the project could have significant environmental effects. These answers will be reviewed by the Environmental Impact Committee to determine whether an Environmental Impact Report will be required. C. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS You should complete this section only if you answer "yes" to one or more of the questions in Section B, but still believe the project will have no significant environmental effects. D. ADDITIONAL DATA You may be asked to answer other questions and submit additional information to determine whether an EIR is required for the project. If required information is not submitted within four (4) months from receipt of written notification by the Planning Department, or an extended period of time acceptable to staff, the application and project shall be considered withdrawn. E. CERTIFICATION You will be asked to certify the truth and accuracy of your statements. 3/28/97 ENVIRONMENTAL ASSESSMENT (continued) A. Background Information 1. Give a brief description of the proposed project. Include within this discussion the principal engineering proposals. IT IS PROPOSED TO ERECT A READY MIXED CONCRE I E DISTRIBUTION FACILITY. THE MAIN FEATURES OF THE PROJECT ARE; A BATCH PLANT WITH TWO CEMENT SILOS [MAX HT: 591. AGGREGATE MATERIALS WILL BE TRUCKED INTO THE SITE AND UNLOADED OVER A DRIVE -OVER HOPPER THEN CONVEYED TO A CONC STRUCTURE VIA CONVEYOR BELT. THE AGGREGATE WILL BE CONVEYED AS NEEDED TO THE BATCH PLANT VIA DUAL CONVEYOR BELTS. THERE WILL BE A DISPATCH AND A MINOR PARTS STORAGE STRUCTURE. WASHOUT PONDS WILL BE A PART FOR THE RINSING OF TRUCKS AND THE HANDLING OF RETURNED CONCRt_t E - THE PONDS WILL SERVE FOR RECYCLING WATER AND MATERIAL THE RECYCLED MATERIAL WILL BE TRANSPORTED OFF -SITE FOR FURTHER RECYCLING. THERE WILL BE APPROXIMATELY 15 PASSENGER VEHICLE PARKING SPACES AND APPROXIMATELY 17 TRUCK PARKING SPACES. EMPLOYEE PARKING WILL BE NO PROBLEM AS THEY CAN PARK IN TRUCK PARKING SPACES DURING THE WORKING HOURS, AND TRUCKS CAN OCCUPY PASSENGER SPACES DURING NON -WORKING HOURS. SUBSTANTIAL TREES WILL BE PLANTED TO SHIELD THE SITE FROM THE NORTH AND EAST. A CONCRETE WALL AND STRUCTURE WILL ALSO SHIELD THE OPERATION. THE OPERATION WILL SUPPORT AN AVERAGE OF 343 CY/DAY WHICH WILL RESULT IN APPROX 42 TRUCK LOADS OF CONCRETE AND 21 TRUCK LOADS OF AGGREGATE, FOR A COMBINED TOTAL OF 126 TRUCK TRIPS PER DAY. THE APPROXIMATE HOURS OF OPERATION WILL BE FROM 6 AM TO 4 PM. THE PROJECT SITE IS SUITABLY ZONED FOR THE OPERATION. THE SITE WILL BE PAVED WITH CONCRE) E. FUELING AND MAINTENANCE OPERATIONS WILL BE CONDUCTED OFF -SITE. PLEASE REFER TO SUPPLEMENTS FOR ADDITIONAL INFORMATION 2. Describe the environmental setting, including distinguishing natural and manmade characteristics. The discussion should be of the site without (before) the project and include the immediate areas surrounding the site. THE SITE IS APPROX. 52,640 S.F. OF AN 18.49 ACRE PARCEL OWNED BY BNSF RR. THE SITE IS PRESENTLY VACANT, A RAIL SPUR TRAVERSES THE SITE AT THE S'LY HALF. A 30' WIDE ASPHALT DRIVEWAY CROSSES THE SITE IN A NORTH -SOUTH DIRECTION; IT IS LOCA I ELI ON THE W'LY SIDE OF THE SITE. THE DRIVEWAY SERVICES A BLUK CEMENT DISTRIBUTING FACILITY. THE SITE IS RELATIVELY FLAT WITH NO APPARENT DRAINAGE PROBLEMS. IT FRONTS ON BAY MARINA WAY, AN EIGHTY FT RAN FOUR LANE MAIN DRIVE. TO THE NORTH [ACROSS BAY MARINA DR] THERE ARE INDUSTRIAL DISTRIBUTING FACILITIES; TO THE SOUTH AND ON A PORTION OF THE 18 ACRE PARCEL IS A BULK CEMENT DISTRIBUTING FACILITY; TO THE WEST AND ADJACET TO THE SITE IS A STORAGE PARKING LOT FOR NEW CARS AND A COUNTY AGENCY OPERATIONS FACILITY. TO THE EAST AND ADJACENT TO THE SITE ARE A SERIES OF RAILWAYS. HARRISON AVE IS APPROXIMATELY 200 FT EASTERLY OF THE SITE. ACROSS HARRISON AVE AND APPROXIMATELY 300 FT EAS I EKLY OF THE SITE IS THE RECENTLY CONSTRUC I EU RAILWAY MUSEUM. 4 3/28/97 ENVIRONMENTAL ASSESSMENT (continued) B. Assessment of Environmental Impact Answer the following questions by placing a check in the appropriate space in Column A. Specific Questions 1. Does the project significantly change the present use of the project area? (The project area includes the immediate location of the project, as well as more remote areas that may be directly or indirectly affected by construction and/or operation of the project.) 2. Does the project alter any unique, natural or manmade features? 3. Does the project affect the conservation of any natural or scenic resources or scarce natural resources? 4. Does the project alter the biological habitat of flora, fauna or endangered species? 5. Does the project alter or change existing features of any ocean, beach, estuary, bay or tidelands? 6. Does the project alter the land form of topography in excess of 25 percent? 7. Will the project contribute to increase flooding? 8, Will the project increase the possibility of erosion or sedimentation? 9. Does the project involve any geological hazards? 10. Will the project increase the possibility of earth slippage. 11. Will the project contribute adversely to the quality of air? 5 Column A Column B Staff Analysis 3/28/97 12. Will the project affect the use of existing or proposed recreational areas? 13. Will the project affect areas of historic, archaeological or aesthetic value? (The setting of such sites includes surrounding areas, the nature of which are important to the understanding and enjoyment of the site itself.) 14. Will the project accelerate the development of adjoining non -urban areas? (Examples include the introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area.) 15. Will the project tax the City's or other agency's ability to provide necessary facilities? 16. Will the project require any variance from existing environmental standards (air, water, noise)? 17. Will the project alter the character of existing communities? (Examples include but are not limited to: Changes in traffic patterns Effects on access within the community to commercial establishments, schools, parks, etc. Introduction of activities not presently found within the community.) 18. Is the land use proposed by the project in opposition to the City's existing plans, programs, and policies? Column A Column B Staff Analysis Yes Maybe No Yes Maybe No X X X X X 6 X 3/28/97 19. Will the project require a change in zone, adopted community or general plan? 20. Does the project require any variation from existing codes and ordinances? 21. Will the project significantly change the average population density of the community? 22. Will the project alter the lifestyle of the community? 23. Will the project result in overcrowding, a lack of privacy for adjoining development within the community? 24. Will the project alter or eliminate views? 25. Will the project reduce solar access or opportunities for passive heating and cooling on the site or on nearby property or result in other effects on climate or micro -climate? 26. Will the project result in increased light or glare? 27. Will the project alter or limit access to public facilities or recreational resources? 28. Will the project affect existing transportation systems? 29. Will the project affect existing utility networks? 30. Will the project affect the existing community facilities or City services? 31. Does the project involve the demolition or removal of existing improvements? Column A Column B Staff Analysis Yes Maybe No Yes Maybe No X X X X 32. Does the project alter or improve the employment base of the community? X 7 X X X X X Column A X l�- x y Column B Staff Analysis 3/28/97 33. Could the project significantly affect the potential use, extraction, or conservation of a scarce natural resource? (Examples include, but are not limited to: Developments which effectively preclude the extraction of the region's rock, sand, gravel or other mineral resources Uses which effectively preclude the multiple use of regional natural resources in scarce supply. Activities which tend to diminish the supply or availability of regional natural resources that are in scarce supply.) 34. Are any of the natural or manmade features in the project area unique, that is not found in other parts of the City, County, State, or nation? (Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguishing characteristics not found in other area, or, only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort, or conveniences.) Yes Maybe No Yes Mavbe 8 X X ENVIRONMENTAL ASSESSMENT (continued) C. Statement of No Significant Environmental Effects If you have answered yes to one or more of the questions in Section B, but still think the project will have no significant environmental effects, indicate your reasons below. THIS IS VERY IMPORTANT. Attach additional pages, if necessary. #32. THE PROJECT WILL EMPLOY UP TO 20 PEOPLE AND WILL GENERATE APPROXIMATELY 7.5 MILLION DOLLARS ANNUALLY. D. Additional Data 1. If there are any Army Corps of Engineers or other Governmental Agency public notices or permit numbers applicable to this project, cite them and give dates. N/A 2. Estimate the amount of grading in cubic yards. LESS THAN 200 CY 3. What are the maximum heights of manmade slopes, etc. LESS THAN 1 FT. E. Certification I hereby acknowledge that the above Environmental Assessment is true and accurate to the best of my knowledge. Date 27 MARCH 2003 Signed Date 26 MARCH 2003 Signed Person Who Completed This Form s4- 3/28/97 art City of National City NATIONALDepartment of Public Works A6„iiiNG ,`27.-)NRTmEN` 1243 National City Blvd., National City ► 91950 (619) 336-4580 (619) 336-4380 Fax.16 J 336- 4391 " April 22, 2003 ENGINEERING REQUIREMENTS FOR CEMENT PLANT AT 920 BAY MARINA DRIVE To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. KirkpatricK; "Assistant Director of Public Works/ Engineering Subject: CEMENT PLANT AT 920 BAY MARINA DRIVE 1. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National City Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Public Works/Engineering Department. 2. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 3. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inches in size with a cleanout. A sewer stamp "S' shall be provided on the curb to mark the location of the lateral. Recycled Paper Planning Department April 22, 2003 Page 2 4. The deteriorated portions of the existing street improvements (sidewalk 5 feet and driveway 10 feet) along the property frontages shall be removed and replaced. 5. A permit shall be obtained from the Public Works/Engineering Department for all improvement work within the public right-of-way, and the grading construction on private property. 6. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time of the plans are submitted. The deposit is subject to adjustment. TRAFFIC FLOW COMMENTS According to the Parra Traffic Report, dated April 3, 2003, the proposed cement plant will generate 126 trips per day which is 14 trips per hour. The trucks will be entering from the west and will be departing westward to Tideland Avenue and than north to the freeway. The proposed traffic flow will have minimal traffic impact to Bay Marina Drive and surrounding area. The Public Works/Engineering Department concurs with the report, and does not have any additional comments. AL/mia cement Community Development Commission Memo To: Andrew Hoskinson From: Eric C Crockett 0 CC: Paul Desrochers Date: 4/3/03 Re: CDP 2003-2- Concrete production and distribution facility The CDC has been working closely with the applicant over the past several months regarding this proposal and its potential effects on the Marina Gateway development. The applicant has been responsive to the requests and concerns of the CDC and has prepared an excellent project for this industrial site. The applicant has removed the conflict of truck traffic entering the Marina Gateway District by re-routing all traffic along Tidelands Avenue to Civic Center Drive. In addition, the architecture of the proposed structure is unique and will add to the industrial character of the area. The proposed landscaping is acceptable and we would only recommend that the lower portion of the proposed structure be covered in landscaping to prevent graffiti. The applicant has prepared a responsive and well thought out project for this industrial site. 1 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org April 4, 2003, GOVERNING BOARD JAMES'JIM° DOUD. CHAIR W.D. "BUD' POCKLINGTON, VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH J.S. "SKI' WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON•FRIEDMAN SECRETARY Mr. Andrew Hoskinson City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 920 BAY MARINA DRIVE, NATIONAL CITY CASE NO.: CDP-2003-2 (CONCRETE PRODUCTION AND DISTRIBUTION FACILITY) SWA GEN. FILE: WATER AVAILABILITY, 2003 Dear Mr. Hoskinson: This letter is in response to a Coastal Development Permit Application for the subject property within the Sweetwater Authority service area. There is a 12-3/4-inch water main located on the north side of Bay Marina Drive, and a 12-inch water main located on the east side of Harrison Avenue, adjacent to the proposed development. The Authority's records indicate that there are three water services in the project area. Enclosed is a copy of 1/4 SEC. 175 map, which shows the water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that Sweetwater Authority requires a ten -foot horizontal separation between sewer and water laterals. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Andrew Hoskinson Re: 920 Bay Marina Drive CASE NO.: CDP-2003-2 April 4, 2003 Page two If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 102 p.s.i. to a minimum of 92 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 422-8395, ext. 641. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:ss enclosure: photocopy of 1/4 SEC. 175 map pc: Associated Ready Mixed Concrete 4621 Teller Avenue, Suite 130 Newport Beach, CA 92660 Mr. Don Condon National City Fire Department 333 East 16th Street National City, CA 91950 I:\engr\Gen\Water Availability\920 Bay Marina Ready mix.doc NATIONAL CITY, CALIFORNIA COASTAL DEVELOPMENT PERMIT APPLICATION 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 1. Applicants Information Applicant's Information Name Associated Ready Mixed Cone, Inc Address4621 Teller Ave. Ste. 130 Newport Beach, Ca 92660 FOR DEPARTMENT USE ONLY Date Received ((37 \a1 \c7 3 Received By VIM Assigned to: Case File Number (s) ccf — 2cn3 a Is- 2�03— Filing Fee $ I /00 Receipt No. E.A.F. Required YBb Fee $ 38p Reviewing Body: Planning Department Planning Commission City Council Appealable to Coastal Commission? YES NO All items marked with * to be verified by staff Agent's Information Name Address Phone [760]-510-9424 C. (f4 ° • Phone Signature FAX 7 e3-�'J`c7/0 Date a-.7 0-3 Coastal Development Permit Application Revised December, 1997 Page 1 of 4 ignature FAX NO. Date 2. Agent's Authorization See Attached I, , hereby authorize to act as my agent and to bind me in all matters concerning this application. Signature of Applicant Date 3. Property Owner(s)* See Attached Present owner(s) of all property included in this application MUST SIGN HERE: (attach extra sheets if necessary) I (we) the undersigned declare that I (we) am (are) the PROPERTY OWNER(s) and hereby authorize the below signed applicant to act as my (our) agent for the submittal of necessary application materials. Signature of Owner(s) Signature of Owner(s) Name Name Address Address Phone Phone Signature Signature Date Date 4. Project Location Address 920 Bay Marina Blvd (between Hafley and Tidelands Assessor's Parcel Number(s)* 559-160-14 Lot area (square feet) 52,641 S.F. Existing use VACANT Adjacent uses INDUSTRIAL Zoning* LCP (Land Use Plan) Designation* Coastal Development Permit Application Revised December, 1997 Page 2 of 4 5. Project Description Name of Project ASSOCIATED READY MIXED CONCRt I t AT NATIONAL CITY Describe development proposal, including incidental improvements (i.e., street improvements, utilities, etc.): iT IS PROPOSED TO INSTALL A READY MIXED CONCRETE DISTRIBUTION FACILITY. THE AGGREGATE MATERIALS WILL BE IMPORTED BY TRUCK ]. THE CEMENT WILL BE IMPORTED BY RAIL ASIDE FROM THE BATRCH PLANT, AN AGGREGATE STORAGE STRUCTURE, A DISPATCH, A SMALL MISC PARTS STRUCTURE, A DRIVEOVER HOPPER, WASHOUT PITS [WHICH WILL SERVE AS WATER RECYCLE PONDS AND WASTE RETENTION - WHICH WILL BE TRANSPORTED OFF -SITE] AND MISCELLANEOUS CONVEYORS WILL BE A PART OF THE DEVELOPMENT. THE BATCH PLANT HAS TWO CEMENT SILOS WHICH WILL HAVE AN APPROXIMATE HT OF 59'. THERE WILL BE 1 HANDICAP PARKING SPACE, 15 PASSENGER VEHICLE SPACES AND APPROXIMATELY 17 TRUCK PARKING SPACES. HOURS OF OPERATION WILL VARY, BUT NORMALLY ARE BETWEEN 6:00 AM AND 4 PM [10 HOURS]. VISUAL SCREENS AND LANDSCAPING WILL BE PROVIDED; PLEASE REFER TO PLANS. If land division, state number of proposed parcels, parcel sizes, etc.: N/A Project height_ 59 FT. MAX Building coverage Parking (no. of spaces)15 PASS/17 TRUCK Grading required? MINIMA! 3,580 +/- sq.ft. Paving coverage 28,934 sq.ft. (if yes, attach details and plans) Diking, dredging, or filling of open coastal waters of wetlands? NC NF (if yes, attach details) 6. Attachments Proof of applicant's legal interest in the property. Project plans, folded to 81/2" x 11", including site plans, floor plans, elevations, grading and drainage plans, and landscaping plans. (20 sets of project plans are required for coastal development permits that involve Planning Commission action. For permits requiring only Planning Department approval, 4 sets are required). Detailed description (if any, from No. 5 above). Coastal Development Permit Application Revised December, 1997 Page 3 of 4 City of National City COUNCIL AGENDA STATEMENT *Refer to Item #22 JIEETING DATE: August 5, 2003 AGENDA ITEM NO. ITEM TITLE: PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR COSTS OF MAINTENANCE — LANDSCAPE MAINTENANCE DISTRICT NO. 1 (LMD)— "MILE OF CARS" PREPARED BY: Paul Desrochers,4 Executive Director EXPLANATION: DEPARTMENT Community Development Commission 336.4250 This is the final public hearing relative to the levy and collection of assessments for costs of maintenance to the LMD. A public meeting was held on July 28, 2003 in these council chambers for the purpose of informing the proposed assesses of the cost and how the cost was divided amongst all property owners in the LMD. Attached to this report is the ORDER OF PROCEDURE for the public hearing. (Environmental Review N/A Financial Statement Maintenance costs for fiscal -year 2003-2004 operation of the District are estimated at $99,400.00 and, fees to the property own- ers range from $337.59 to $6,650.48. Administrative fees are estimated at $800.00. STAFF RECOMMENDATION Conduct the public hearing per Order of Procedure BOARD/COMMISSION RECOMMENDATION N/A 1 1 ATTACHMENTS (Listed Below) Resolution No. 1. Public Hearing Notice 2. Engineer's Report ORDER OF PROCEDURE August 5, 2003 Explanation: The following general outline sets forth an Order of Procedure for the public meeting relating to the Landscape Maintenance District (LMD). The Mayor will announce that this is a Public Hearing relative to the levy and collection of assessments for costs of maintenance and improvements to the LMD. The City Clerk will make a statement that notice has been given in the manner and form as required by law; a Certificate of Compliance is on file and open for public inspection; and, public notice was provided. The Community Development Director will provide an oral report on the proposed purpose and scope, the boundaries of the LMD, the Engineer's Report, assessment spread, and number of protests received to date (% of assessed area) and announce that copies have been delivered to each member of the legislative body. The Mayor will ask each speaker to identify themselves and their property and to provide their comments in the following order: Firstly, those who are in opposition to the (a) extent of maintenance work to be done; and (b) method of assessment spread. Secondly, ask to hear from anyone in favor of the proceedings. City Council will provide any discussion over the proceedings, if any. The Mayor will close the public hearing and the City Council can now consider taking action on the item. RESOLUTION NO. 2003— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City, California, has initiated proceedings for the levy of the annual assessment in a special maintenance district created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping Act"), Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following; Article XIIID and such implementation act may be referred to collectively herein as "Article XIIID"), in a special maintenance district known and designated as Landscape Maintenance District No. 1 (hereinafter referred to as the "District"); and WHEREAS, at this time all notice and public hearing requirements have been met relating to the levy of the annual assessments; and WHEREAS, the City Council has received a report from the Assessment Engineer (the Assessment Engineer's Report") and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Assessment Engineer's Report as now submitted for final consideration and approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct. PROCEDURES Section 2. The City Council hereby finds and determines that the procedures for the consideration of the levy of the annual assessment have been undertaken in accordance with both the Act and Article XIIID inasmuch as the proposed assessments for Fiscal Year 2003-04 are not proposed to be increased over the assessments previously authorized to be levied. DETERMINATION AND CONFIRMATION Section 3. The final assessment and diagram for the proceedings, as contained in the Assessment Engineers Report, is hereby approved and confirmed. Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed: a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits have been assessed. d. There are no publicly owned parcels within the District. The assessments for the District contained in the Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in such Assessment Engineer's Report. ORDERING OF MAINTENANCE Section 4. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. FILING WITH CITY CLERK AND CITY ENGINEER Section 5. The above -referenced diagram and assessment shall be filed in the Office of the City Clerk, with a certified copy to be flied in the Office of the City Engineer. Said diagram and assessment and the certified copy thereof, shall be open for public inspection. FILING WITH THE COUNTY AUDITOR Section 6. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. ENTRY UPON THE ASSESSMENT ROLL Section 7. After the filing of the diagram and assessment the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. COLLECTION AND PAYMENT Section 8. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. FISCAL YEAR Section 9. The assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2003 and ending June 30, 2004. PASSED and ADOPTED this 5th day of August, 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 1 2 3 4 5 6 7 9 10 11 12 13 14 15 Revenue Jun-03 Community Development Commission of the City of National City JOURNAL ENTRY FORM 12 166 3515 JV Number: 2,052.00 Accounts Receivable Jun-03 12 166 0211 2,052.00 Revenue Jun-03 12 360 3636 1,686.68 Accounts Receivable Jun-03 12 360 0211 1,686.68 Tax Increment Revenue Taxes Receivable Tax Increment Revenue Taxes Receivable Jun-03 Jun-03 Jun-03 12 360 3011 114, 034.06 12 360 0201 114,034.06 Jun-03 12 12 362 362 3011 0201 28,508.51 28,508.51 Totals Explanation To record collections of prior year receivables. Erroneously recorded as FY 02-03 revenues. 146,281.25 146,281.25 Entered By: J Ladrido Date Entered: 7/29/2003 16:56 PROOF OF PUBLICATION (2015.5 C.C.P) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I ,am over the age of eighteen years, and not a party to or interested in the above:entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of NATIONAL CITY and the South Bay Judicial District, county of San Diego, which newspaper has been adjudged a i,C+rr'vN.:aj.n.. of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than non- pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 6/27 all in the year 2003. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 27th day of June 2003. Signature , fPRINCIPA JUN 3 0 This space is for the County Clerk's filing stamp. Proof of Publication of NC14098 Resolution CITY OF NATIO Al. CITY RESOLUTION a E- CITY,COU i 'THE CITY OF NA11 CITY FORNODAL Ott OF SPECIALMAIINENANCE DISTRICT, 1ND SETTING pTIMFAID E FOR PUBLIC IYI�EE�' ND AND TUBED I ARING, WHEREAS THEREON City Council of the City of Na- tional City has previously formed a spec al mainte- nance district pursuant to the terms of the "Land- scaping and L ghting Act of 1972", being Division 15 Part 2 of the° Streets and highways Code of the State of California . the "f972"Act"),'said special maintenance Ulstct known and designated' as Landscape Mamtenanpe District hio:9 {Mile of Cars) (hereinafte referred to as the :, Maintennnce ' District"); and WHEREAS, at this time the City'Coubcil is desir- ous to take proceedings to provide for the annua levy of assessments for the next ensuing'. fiscal year to provide for the costs and expenses necessary ` to pay for the maintenance of the improvements 'n said Maintenance District; and, WHEREAS, there has been presented and ap- proved by this City the As- sessment Engineer's Re- port ("Report"), as re- quired by the 1972 and Article XIIID of the Consti- tution ("Article XIIID"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW, THEREFORE, BE I i RESOLVED by the City Council of the City of Na- assessments upon as-'. tional City as follows: sessable lots and parcels of land- within the Mainte- nance District. - RECITALS Section 1 That the above rgcrtals are all true and corre t ,�". , DEC "CATION OF. INTENTION r Section t.jflat'the .pub- lic interest and.,bonven- rence requires, And it is the intention of Os legis- lative body, to levy and collect assessments ° to pay the annual costs and expenses for the mamte- nanca,,*,nd/qFefyicing of the improVrements tolhe above -referenced "Mainte- nance ;Distract, ""said 'im- provepents generally de- scribed as set forth im Ex- hibit "A" attached hereto and incorporated herein by this BOUNDARIES OF MAINTENANCE DISTRICT Section 3 � That said works of improvement of special benefit tti..the properties within �jhe boundaries of said Mjn- tenance District, which Maintenance District- the legislative body previously declared to be the area specially benefited bysaid works of improvement, and fot particulars `refer- ence is made to the boun- dary map as previously approved by this = leg sla- tive body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER Section 4. That the "Re- port" of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspec- tion. Reference is made to said "Report" for a full aid detailed description of the improvements to be maintained, the bounda- ries of the Maintenance District and any zones therein, and the proposed PUBLIC MEETING AND- PUBLIC HEARING/PROTESTS riot ,. NOTICE IS HEREBY , )/ TjiAT A PUBLIC MEETING;AND A PUBLIC HEARING ARE HEREBY gHEDULED IN THE 'REGULAR -MEETING PLACE OF THIS LEGISLA- TIVE BODY," BEING THE COUNCIL CHAMBERS, CITY HALLS '1243 NA- TIONAL CITY BLVD., NA- TIONAL CITY, CALIFOR- NIA, ON THE FOLLOWING DATES AND TIMES: A. PUBLIC MEETING: JU- LY 28, 2003 AT 5:00 P.M. B. PUBLIC HEARING: AUGUST 5, 2003,AT 6:00 P M. ALL INTERESTED PER- SONS SHALL BE AFFORD- ED,' THE OPPORTUNITY TO1lEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL'STATEMENTS AND ALL, WRITTEN PROTESTS , OR, COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. NCI 4098 6/27/03 EL _tl'H AMENDED ENGINEER'S REI RT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) City of National City, California (Pursuant to the Landscaping and Lighting Act of 1972) In 1995, the City Council of the City of National City, California, adopted a Resolution ordering the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972", being Division 12, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Act"), for purposes of authorizing the levy of special assessments for certain maintenance work in a special assessment district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "District"). An Engineer's Report dated February 15, 1995, was prepared and submitted as ordered by the legislative body. Subsequent to the date of the Engineer's Report certain changes were made to the project. Such changes were described in the First Amended Engineer's Report dated August 1, 1996 and in the Second Amended Engineer's Report dated July 31, 1997. Information regarding actual expenditures resulted in changes to the cost estimates and assessment schedule were incorporated in the Third Amended Engineer's Report dated June 26, 1998, the Fourth Amended Engineer's Report dated June 30, 1999, the Fifth Amended Report dated June 27, 2000, the Sixth Engineer's Report dated July, 12, 2001, and the Seventh Engineer's Report dated June 30, 2002. Additional information is now available regarding actual expenditures for maintenance, repairs, electrical service and water usage. Adjustments are therefore necessary to the cost estimates and assessment schedule. This "Eighth Amended Report", is prepared and submitted in four parts, consisting of the following: Part I. Plans and Specifications. The plans and specifications describe the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. Part I is unchanged from the Seventh Amended Engineer's Report. Part II. Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal year, including appropriate incidental expenses. Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries of the District, as well as setting forth each individual lot or parcel. Each parcel is identified by a distinctive number or letter and the lines and dimensions of each lot conform to those as shown on the latest County Assessor's map. Part IV. Assessment Schedule. The assessment schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each assessable lot or parcel by reference to a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above -referenced diagram. All lots and parcels of land known as public property, as defined under Section 22663 of the Act, have been omitted and are exempt from any assessment under these proceedings. This "Report" is applicable for the maintenance of improvements within the district for the fisc year commencing July 1, 2003 and ending June 30, 2004. Dated: June 10, 2003 Nasland Engineering — Assessment Engineer City of National City State of California R�FEss,. (` �\01 o No. [5ia CA" (z-71 -03 PART I Plans and Specifications The plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications show the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: 1. Median Improvements: • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18t Street and 33rd Street. Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture A general description of the maintenance to be performed on such improvements is described as follows: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing Plant replacement 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic repainting of crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment. 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents PART II Cost Estimate for FY 2003 - 2004 The estimated total costs for maintenance of the improvements are those as hereinafter set forth below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit „B„ Cost of Annual Maintenance Median Frontage Improvements Improvements $55,000 $42,300 Incidentals: A. Administration 500 300 B. Legal Fees 300 200 C. Engineering 400 400 Total Incidentals 1,200 900 Total Estimated Annual Cost 56,200 43,200 Surplus or Deficit 00 00 NET ANNUAL ASSESSMENT $56,200 $43,200 PART III Assessment Diagram The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The assessment diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the Iines and dimensions of any lot or parcel, reference is made to the County Assessor's map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A copy of the assessment diagram is attached hereto, referenced and incorporated. PART TV Assessment Schedule I, an authorized representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance $55,000 $42,300 Incidental Expenses 1,200 900 Total Costs 56,200 43,200 Surplus/Deficit 0 0 Balance to Assessment 56,200 43,200 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll. The Assessment Schedule refers to the County Assessor's Maps for a description of the lots or parcels, and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the improvements to be maintained. For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the following list of annual assessments, and for particulars as to the formula for the allocation of the costs, reference is made to the Method and Formula of Assessment Spread attached hereto as Exhibit "A". The assessments are those as confirmed in Column I, unless a different figure appears in Column II, as modified. I II Assesment Assessor's Parcel Amount of Assessment Number Number Assessment as Confirmed 1 560-210-01 $ 1,406.62 2 560-210-04 1,856.73 3 560-210-42 337.59 4 560-210-41 562.65 5 560-210-40 2,374.37 6 560-261-08 3,038.29 7 560-271-14 1,069.03 8 560-271-07 843.97 9 560-271-09 562.65 10 560-271-15 1,125.29 11 560-330-03 6,650.48 12 562-021-01 1,125.29 13 562-021-07 1,800.47 14 562-031-14 1,800.47 15 562-031-13 1,237.82 16 562-090-06 3,038.29 17 562-100-14 1,519.14 18 562-100-13 1,519.14 19 562-160-07 3,375.88 20 562-180-32 922.74 21 562-180-33 1,429.12 22 562-351-37 2,273.09 23 562-251-38 1,879.24 24 562-252-15 3,713.46 25 562-321-07 2,048.03 26 (Parcel owned by City) 0.00 27 562-330-42 855.22 28 562-330-35 2,801.98 29 562-220-32 3,533.42 30 562-220-31 1,744.20 31 562-220-13 2,588.17 32 562-220-11 633.10 33 562-150-13 2,351.86 34 562-340-09 3,375.88 35 562-340-48 4,906.27 36 562-340-47 1,845.48 37 562-340-07 3,375.88 38 562-340-06 3,263.35 39 562-340-50 3,375.88 40 562-340-49 3,274.60 41 560-393-04 5,401.40 42 560-393-03 1,575.41 43 560-204-02 1,575.41 44 560-204-03 2,138.06 45 560-203-03 3,274.60 46 562-330-43 0.00 Total 99,400.00 This Assessment has been prepared pursuant to the "Landscaping and Lighting Act of 1972". The net amount to be assessed upon the lands and parcels within the boundaries of the Dish ict has been spread and apportioned in accordance with the benefits received from the improvements, and in my opinion the costs and expenses have been assessed in direct relationship to the benefits received from the maintenance of the improvements. Dated: June 10, 2003 Nasland Engineering G� =� G. 24.-- Assessment Engineer City of National City State of California A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and the Superintendent of Streets on the day of , 2003. City Clerk City of National City State of California Superintendent of Streets of National City State of California Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report was made on the day of , 2003, by adoption of Resolution No. by the City Council. City Clerk City of National City State of California EXHIBIT "A" METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the services of Nasland Engineering. IDENTIFY THE BENEFIT First of all, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread and assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two categories of improvements to be maintained by the District. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. 3. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on the frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. FUTURE ANNUAL ADJUSTMENT IN ASSESSMENT The annual assessment to be levied on all properties within the district in fiscal year 2003-2004 and thereafter shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an amount which would be in excess of the amount authorized pursuant to the application of the above formula, such annual assessment shall be considered a "new or increased assessment" as such term is used in Government Code Section 54954.6. In conclusion, it is my opinion that the assessments for the above -referenced District have been spread in direct accordance with the benefits that each parcel receives from the improvements to be maintained. Dated: June 10, 2003 Nasland Engineering Z/ G • At -- Assessment Engineer City of National City State of California EXHIBIT "B" ESTIMATED COST OF ANNUAL MAIN PENANCE FY 2003-2004 Median Improvements Frontage Improvements 1. Lawn planting care 0 $23,000 2. Median planting care 12,000 0 3. Palm tree trimming 3,500 4,300 4. Irrigation system maintenance Incl. in items 1 & 2 Incl. in items 1 & 2 5. Water usage 14,000 14,000 6. Water meter charge Inca. in item 5 Incl. in item 5 7. Repair crosswalks 1,500 0 8. Repainting of metal poles & street furniture 1,100 500 9. Refurbishment of graphics panels 4,800 0 10. General maintenance of electrical system 6,600 0 11. Bulb replacement Incl. in item 10 0 12. Electrical usage 10,800 0 13. Litter removal 14. Trash pick-up 15. Miscellaneous vandalism repairs 16. Freeway sign Incl. in item 2 0 300 400 Incl. in item 1 Incl. in item 1 500 0 TOTAL: $55,000 $42,300 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF NATIONAL CITY THIS DAY OF 1996 CITY CLERK CITY OF NATIONAL CITY STATE OF CAUFORNIA RECORDED IN THE OFFICE OF THE SUPERINTENDENT Cf N1H9A1] OF THE CITY OF NATIONAL CITY THIS _DAY OF 1996. SUPERINTENDENT OF STREETS CITY CF NATIONAL CITY STATE OF CMJFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES, MD PARCELS CF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY DF 1996; SAID ASSESSMENT DIAGRAM MD 1HE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS CF SAID CITY ON THE —DAY OF 1996. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPERINTENDENT CF STREETS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF MIND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK CITY Of NATIONAL CITY STATE CF CAUFORNIA FILED THIS DAY OF 1999 AT THE HOUR CF_O'CLOCK .....04. IN BOO —_—_-OF MAPS OF ASSESSMENT MID CC/IMMUNITY FAOUTIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DECO, CALIFORNIA. COUNTY RECORDER COUNTY OF SAN DIEGO STATE OF CAUFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1(MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CAUFORNIA 0 560-210-04 165' yy �l SD 50' 560-210-40 211' NATK A- CRY BOU,EVAFD SHEET 1 OF 3 SHEETS N 291' 560-203-03 O 190' 660-204-03 140' 560-204-02 O 140' 560-303-03 O 5go-393-04 O 1W REVISED 8-1-96 REVISED 6-11-97 REVISED 6-' -02 REVISED 6-09-03 100 900 EXTERIOR BOUNDARY OF DISTRIOT 399 BASED UPON CURRE4T COUNCICTY ASSESSPARCELOR''S MMAPS ANDSSA�530R'S HEREON TO THE NEAREST FOOT. RTO PARCEL MAPS FOR PROPERTY ODMENSIONS NOT SHOWN. NASLAND ENGINEERING N94�EAal 9M . lea Elsie. OJtslik WM F ORR6 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEOO STATE OF CAI.IFORNIA I L 560-330-03 591' NATIONAI - ORY eo(Le/AFC 291' 502-340-49 0 300' 062-340-60 0 0 002-021-01 502-021-07 100' 160' 0 562-031-14 100' 0 662-031-13 110' 290' 662-340-00 0 300' 562-340-07 O 0 502-090-06 270' 1 'TRAINSPOARTATION AVI NATIONAL CRY SHEET 2 OF 3 SHEETS. 0 562-100-14 135' 562-100-13 135' BON.EVARD 104' 562-340-47 O 436' 662-340-46 ECERIOR BOUNDMY OF 019TRICT REVISED 8-1-96 REVISED 6-11-97 REVISED V 8-0 --03 100 200 ON TNTCODUNTY ASSESSOR'S M PSBANDD SSED HOW PMCEL MAPSTOPPN DIMENSREST FOUL IONS NOTS . NASLAND ENGINEERING 10010171110 CITE 4 WawaProd. M WLL.9F.M-R10 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CRY OF NATIONAL CRY 682-100-07 300' 582-160-32 82' 602-180-33 127' 300' 682-340-0Y 208' 682-150-13 TRA PORTATION AVENUE COUNTY OF SAN DIEGO STATE OF CALIFORNIA 602-251-37 202' NATIONAL CRY BOULEVARD 100 EXTERIOR BOUNDARY OF DISTRICT THE MONTAGE OF EACH PARCEL IS BASED UPON CURRENT COUNTY ASSE8SSJ$CI S MREFER APS MID SHERRI PAR MAPS THE OR PROPER OIMEH S NOT9108*1.B a too zoo 400 SHEET 3 OF 3 SHEETS REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 NASLAND ENGINEERING CmO. 11100R11012 • SUMT la UM PLUM* Ware tine. I 0Y8., 0tlbb. ItlM .a► NI-S m Item #5 8/5/03 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT JEETING DATE August 5, 2003 6 AGENDA ITEM NO. 7-ITEM TITLE RESOLUTION OF THE CITY COUNCIL AMENDING THE PRELIMINARY BUDGE I TO AUTHORIZE POSITIONS FOR ONE FULL-TIME AND ONE PART-TIME OFFICE ASSISTANT, INSTEAD OF ONE EXECUTIVE ASSISTANT 1 PREPARED BY George H. Eiser, Ill (ext. 4221) EXPLANATION DEPARTMENT City Attorney As part of the Preliminary Budget, the City Council approved a position for one Executive Assistant I, at a salary range of $2,834 - $3,435 per month, to staff the City Council offices, it has been proposed that instead of one Executive Assistant I position, one full-time Office Assistant position, and one part-time Office Assistant position (not to exceed 19 hours per week) be authorized, at a salary range of $1,868 - $2,271 per month for each position. Environmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution yJ Resolution No. 2003-106 A-200 (9.99) RESOLUTION NO. 2003 —106 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PRELIMINARY BUDGET TO AUTHORIZE POSITIONS FOR ONE FULL-TIME AND ONE PART-TIME OFFICE ASSISTANT, INSTEAD OF ONE EXECUTIVE ASSISTANT I WHEREAS, as part of the Preliminary Budget, the City Council approved a position for one Executive Assistant I, at a salary range of $2,834 — $3,435 per month, to staff the City Council offices; and WHEREAS, it has been proposed that instead of one Executive Assistant I position, one full-time Office Assistant position, and one part-time Office Assistant position (not to exceed 19 hours per week) be authorized, at a salary range of $1,868 — $2,271 per month for each position. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council hereby approves an amendment to the Preliminary Budget to authorize a position for one full-time Office Assistant and a position for one part-time Office Assistant, instead of a position for one full-time Executive Assistant I, in order to staff the City Council office. PASSED and ADOPTED this 5th day of August, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /Thy) George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT 7 MEETING DATE 8-5-03 AGENDA ITEM NO., ITEM TITLE Neighborhood Council Program —Additional Funding PREPARED BY Park Morse (336-4240) (� DEPARTMENT Acting City Manager EXPLANATION City Manager The current FY 03-04 budget contains a new City Council account in support of the Neighborhood Council Program. Initial funding was recommended and adopted at $2,500. At the July 11, 2003, City Council meeting, the City Council reached a consensus to allocate additional budgetary resources to this program. When adopted, the attached resolution will add $7,500 to the Neighborhood Council Program resources for a total available funding in FY 03-04 of $10,000. The source of the additional allocation will be Undesignated Fund Balance. The resources will continue to be shown in the City Council account. Environmental Review ✓ N/A Financial Statement yyi. /i'Ir Authorize the transfer of $7,500 from Undesignated Fund Balance to City Council account 001-401-000-247-0000. Account No. 001-401-000-247-0000 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2003-107 A-200 (9/80) RESOLUTION NO. 2003 — 107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND TRANSFER OF $7,500 TO THE NEIGHBORHOOD COUNCIL PROGRAM WHEREAS, at the July 11, 2003 City Council meeting, the City Council determined to allocate an additional $7,500 from the Undesignated Fund Balance to the Neighborhood Council Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following appropriation and transfer of funds: FROM: Account No. 001-2501 General Fund, Undesignated Fund Balance Account No. 001-401-000-247-0000 Neighborhood Council Program $7,500 To fund Neighborhood Council Program PASSED.AND ADOPTED this 5th day of August, 2003. TO: AMOUNT: PURPOSE: Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City Memo To: Mayor and City Council From: Councilmember Luis Natividad CC: Date: 7/11/03 Re: Request for Additional Funding for Neighborhood Council Program (Councilmember) As you know, the new budget contains $2,500 to: "fund miscellaneous, non - personnel, operating costs associated with the City Council's new Neighborhood Council program." The supplies, postage and other miscellaneous costs associated with this new program are larger than the $2,500 set aside. I would like to ask the City Council's concurrence to ask the City Manager if an additional allocation of $7,500 can be added to the existing funding. 1 City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE August 5, 2003 8 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "DELINQUENT SEWER SERVICE CHARGE" FUND AND THE "SEWER SERVICE CHARGE" FUND, AND RATIFYING AND APPROVING SAID FUNDS PREPARED BY George H. Eiser, 11 DEPARTMENT City Attorney (ext. 4221) EXPLANATION Pursuant to Ordinance No. 2003-2225, the City Council elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq. California Health and Safety Code Section 5473 requires a report to be prepared each year and filed with the City Clerk, which report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year. California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council would adopt the report required by California Health and Safety Code Section 5473, direct the report to be kept on file in the office of the City Clerk, and direct the City Clerk to file a copy of the report with the County Auditor. Additionally, the resolution would direct the Director of Finance to certify with the San Diego County Auditor the establishment of Fund No. 6065-4, described as the "Delinquent Sewer Service Charge", and Fund No. 6065-5, described as the "Sewer Service Charge", and would ratify and approve those Funds. Environmental Review X N/A Financial Statement N/A Approved Bye Finance Director Account No. STAFF RECOMMENDATION Approve resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS {fisted Below 2003-108 Resolution No. Proposed resolution. Report is available for inspection in the office of the City Clerk. A-200 (9:99) RESOLUTION NO. 2003 — 108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "DELINQUENT SEWER SERVICE CHARGE" FUND AND THE "SEWER SERVICE CHARGE" FUND, AND RATIFYING AND APPROVING SAID FUNDS WHEREAS, pursuant to Ordinance No. 2003-2225, the City Council of the City of National City elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq.; and WHEREAS, California Health and Safety Code Section 5473 requires a report to be prepared each year and filed with the City Clerk, which report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year; and WHEREAS, California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adopts the Report required by California Health and Safety Code Section 5473, et seq., directs that said report be kept on file in the Office of the City Clerk, and directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a statement that the Report has been adopted by the City Council. BE IT FURTHER RESOLVED that the Director of Finance is hereby directed to certify with the San Diego County Auditor the establishment of Fuhd No. 6065-4, which shall be described as "Delinquent Sewer Service Charge", and Fund No. 6065-5, which shall be described as "Sewer Service Charge", and that said Funds are hereby approved and ratified. PASSED and ADOPTED this 5th day of August, 2003.. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. rser, Ill, City Attorney City of National City, California COUNCIL AGENDA STATEMENT .IEETING DATE August 5, 2003 AGENDA ITEM NO, 9 ITEM TITLE A RESOLUTION TO REMOVE COMMERCIAL PROPERTY FROM THE RESIDENTIAL PARKING DISTRICT "A" ON THE WEST SIDE OF "A" AVENUE BETWEEN 18th STREET TO 22nd STREET (T.S.C. ITEM 2003-24) PREPARED BY Adam Landa DEPARTMENT Public Works /Engineering 336-4580 EXPLANATION Mr. John Ball, from Ball Automotive Group located at 1935 National City Boulevard, is requesting that his commercial property be removed from the Residential Parking District "A". Mr. Ball has purchased the property and has removed the dwellings from the lots. The lots are now being used for commercial vehicle storage. Therefore, they no longer meet the requirements of the Residential Permit Parking Policy. The Traffic Safety Committee approved the request at their meeting on July 9, 2003. Environmental Review Financial Statement N/A X N/A Approved BY: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution to remove the commercial property from the residential Parking District "A" on the west side of "A" Avenue between,8th Street to 22"d Street. -14 BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of July 9, 2003, approved the request to remove the commercial property from the Residential Parking District "A". ATTACHMENTS { Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee dated July 9, 2003 Resolution No. 2003-109 A -too l9 99 RESOLUTION NO. 2003 — 109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO REMOVE THE WEST SIDE OF "A" AVENUE BETWEEN 18T" AND 22ND STREETS FROM THE RESIDENTIAL PARKING DISTRICT "A" PERMIT AREA (TSC Item No. 2003-24) WHEREAS, John Ball, of the Ball Automotive Group located at 1935 National City Boulevard, requests that the commercial property he has purchased on the west side of "A" Avenue, between 18th and 22"d Streets be removed from Residential Parking District "A"; and WHEREAS, since the dwelling units on the west side of "A" Avenue, between 18th and 22"d Streets have been removed, and the property is currently being used for commercial vehicle storage, the property no longer meets the requirements of the Residential Permit Parking Policy; and WHEREAS, the Traffic Safety, at its meeting of July 9, 2003, approved the removal of the west side of "A" Avenue, between 18u' and 22"d Streets, from the Residential Permit Parking area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to remove the west side of "A" Avenue, between 18th and 22"d Streets, from the Residential Parking District "A" Permit area. PASSED and ADOPTED this 5th day of August, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: AJ George H. Eiser, Ill City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 9, 2003 ITEM TITLE: PREPARED BY: REQUEST FOR REMOVAL OF COMMERCIAL PROPERTY FROM THE RESIDENTIAL PARKING DISTRICT "A" ON THE WEST SIDE OF "A" AVENUE BETWEEN 18114 STREET TO 22ND STREET (BY: JOHN BALL) Adam J. Landa, Public Works Department DISCUSSION: Mr. John Ball, from Ball Automotive Group located at 1935 National City Boulevard, is requesting that his commercial property be removed from the Residential Parking District "A". The dwellings have been removed from the lots and the area is now being used for vehicle storage. Since there are no longer residents living on Ball's properties, the permit parking signs should be removed. STAFF RECOMMENDATION: Staff recommends that Ball's commercial properties be removed from Residential Parking District "A" since they no longer meet the requirements of Residential Permit Parking Policy. EXHIBITS: 1. Letter 2. Location Map 2003-241 • Automotive Group "ON THE MILE OF CARS" AC RA June 23, 2003 Mr. Adam J. Landa City of National City Department of PublicWorks Dear Mr. Landa, I am requesting that the curbside located on the west side of A Avenue located between 18th St. and 20th St. which is used by the Ball Automotive Group as vehicle storage lots should not be restricted to permit parking. Also, the curbside on the west side of A Avenue between 21 st St. and 22nd St. directly in front of the Ball Honda service facility should not be restricted to permit parking. The properties fronting these curbs are used by Ball and therefore should not be restricted by permit parking. I appreciate your efforts in assisting Mr. George Quinn in his efforts to correct the designation of the locations described above. Thank you. Sincerely, 9John Ball President Ball Automotive Group l 1935 National City Boulevard 0. National City, California 91950-5519 SIGN LOCATION MAP N) v 7 U aVL NI '11- /77l a2JOE ,12J232d URRENTLY REQUIRES PERMIT PERMIT REQUIRED PEQUFST CHANGE, ON WEST SInE TO NO PERMIT REQUIRED FROM 21ST TO 22ND ST ON "A" AVE C A saindeJ3r NO PERMIT REQUIRED 20TH TO 21ST ST. ON ''BEST SIDE° OF "A" AVE SC4 s2Jd0 aEsn T1d8 N z n 2 AUG idNOLLVIN 0 - 1 N WEST SIDE OF "A" AVE N z N m AV 00 IT CURRENTLY REQUIRES PERMIT REQUEST TO EXTEND NO PERMIT REQUIRED NO PERMITREQUIRED FROM HILLCREST MANOR TO END OF AT REAR OF HILLCREST MANOR ON "A" AVE BALL PROPERTY ON WEST SIDE OF "A" AVE TO 20TH ST. City of National City, California COUNCIL AGENDA STATEMENT .eEETING DATE August 5, 2003 AGENDA ITEM NO. 10 ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NUMBER 1 FOR NATIONAL CITY STREET RESURFACING PROJECT FY 02-03, SPEC. NO. 02-2 PREPARED BY Michael Long DEPARTMENT Engineering 336-4386 EXPLANATION See attached Explanation Environmental Review X N/A Financial Statement Funding is available through _Approved By: Account No. 307-409-500-598-6035, 109-409-500-598-6035, 343-409-500-598-6035 and 345-409-500-598-6035. Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. 1)-kl BOARD / COMMISSION . CO ENDATION N/A 7-ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Change Order No. 1 Resolution No. 2003-110 02-2 Explanation: On January 21, 2003 the City Council awarded a contract in the amount of $1,890,377.18 to Hanson SJH Construction Inc. for the National City Street Resurfacing Project. The project combines two years of funding and the total estimated project cost was $2,270,000.00 which includes an approximate 15% bid contingency of $285,000.00 The project includes the removal and replacement of failed pavement section, curb and gutter, sidewalk, alley aprons, and driveways, in addition to the construction of new curb and gutter, sidewalks, and driveways, pavement fabric placement, overlay, restriping, and traffic signal loop replacement. The total cost of this change order increases the contract by $110,482.98. This change order includes costs associated with the construction of E. 5th Street from Harbison to the cul-de- sac. Included in the construction of 5th Street are all curb, gutter, sidewalk, driveway and asphalt pavement improvements to ensure proper drainage and street design conformance. This work was requested by a Councilmember approximately a week after the contract was awarded and was not included in the original estimated quantities. The cost associated with the addition of 5th Street is approximately $70,000.00. The additional $40,000.00 of this change order is for removing/replacing or installation of concrete improvements (i.e. curb and gutter, sidewalks, alleys aprons, and driveways) that where discovered in field to have failed, or presented drainage and/or pedestrian and vehicular traffic hazards. This work was added by department staff to correct these problems. This project is currently about approximately 70% complete. It is further anticipated that additional costs to correct failures or futures hazardous conditions not figured directly into the original bid estimate may be encountered. These costs are expected and are the reason for the 15% contingency included in the total project estimate upon award. This change order in conjunction with projected additions will provide a complete and thorough project that should keep within the original time frame and total estimated project cost of $2,270,000.00. RESOLUTION NO. 2003 — 110 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NO. 1 FOR THE STREET IMPROVEMENTS PROJECT FOR NATIONAL CITY STREET RESURFACING PROJECT FY 2002/2003 (Engineering Specification No. 02-02) WHEREAS, on February 4, 2003, the City Council passed Resolution No. 2003-22, awarding a contract to SJH Construction, Inc. for the National City Street Resurfacing Project, Engineering Specification No. 02-2; and WHEREAS, after the contract was awarded, additional work was requested by the City for the construction of East 5th Street from Harbison to the cul-de- sac at a cost of approximately $70,000; and WHEREAS, during construction it was discovered that additional work was necessary for the removing, replacing or installation of concrete improvements at an approximate cost of $40,000; and WHEREAS, it is anticipated that additional costs to correct failures or future hazardous conditions that were not figured directly into the original bid estimate may be encountered. WHEREAS, Change Order No. One is necessary to address the additional costs of the project addressed above, which increases the current contract amount from $1,890,377.18 to $2,000,860.16, a difference of $110,482.98. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that Change Order No. One is hereby approved. PASSED and ADOPTED this 5th day of August, 2003. ATTEST: Michael Della, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, Ill City Attorney CONTRACT CHANGE ORDER NO. 1 ORIGINAL DATE: July 30, 2003 PROJECT: National City Street Resurfacing Project FY 02-03, Specification No. 02-2 TO: David R. Hummel, President Hanson SJH Construction, Inc. P. O. Box 639069 San Diego, CA 92163-9069 DESCRIPTION OF CHANGE: This change order is written to add work item numbers 29 and 30 to the contract and to increase the original bid quantities of line items 16, 18, 19, 23, & 24. Original Contract Adjusted Contract No Item Unit Bid Qty Unit Price Amount Adjusted Qty Unit Price Amount 1 Mobilization LS 1 $21,323.10 $21,323.10 1 $21,323.10 $21,323.10 2 Clearing and Grubbing LS 1 $1,000.00 $1,000.00 1 $1,000.00 $1,000.00 3 Unclassified Excavation CY 800 $21.29 $17,032.00 800 $21.29 $17,032.00 R&R Street Section 1.5" AC on 8" Base SF 59,614 $2.54 $151,419.56 59,14 $2.54 $151,419.56 R&R Street Section 2" AC on 10" Base SF 85,859 $2.55 $218,940.45 85,859 $2.55 $218,940.45 6 R&R Street Section 3" AC on 8" Base SF 107,031 $2.52 $269,718.12 107,031 $2.52 $269,718.12 7 R&R AC Only TON S 1,185 $60.82 $72,071.70 1,185 $60.82 $72,071.70 8 Pavement Milling LF 62,390 $0.73 $45,544.70 62,390 $0.73 $45,544.70 9 Pavement Fabric SY 126,589 $0.75 $94,941.75 126,589 $0.75 $94,941.75 10 AC Overlay TON S 12,246 $45.00 $551,070.00 12,246 $45.00 $551,070.00 11 Manholes EA 65 $200.00 $13,000.00 65 $200.00 $13,000.00 12 Monuments EA 9 $150.00 $1,350.20 9 $150.00 $1,350.20 13 R&R Cross Gutter SF 6,079 $15.86 $96,412.94 6,079 $15.86 $96,412.94 14 New Cross Gutter SF 1,124 $16.59 $18,647.16 1,124 $16.59 $18,647.16 15 R&R Sidewalk SF 6,990 $6.30 $44,037.00 6,990 $6.30 $44,037.00 16 New Sidewalk SF 4,471 $5.25 $23,472.75 6,411 $5.25 $33,657.75 17 Remove Concrete SF 1,350 $3.47 $4,684.50 1,350 $3.47 $4,684.50 18 R&R Curb and Gutter LF 1,939 $27.72 $53,749.08 3,388 $27.72 $93,915.36 19 New Curb and Gutter LF 1,023 $22.47 $22,986.81 1,723 $22.47 $38,715.81 20 Traffic Striping LS 1 $23,000.00 $23,000.00 1 $23,000.00 $23,000.00 21 Ped Ramp EA 15 $1,365.00 $20,475.00 15 $1,365.00 $20,475.00 22 Reinstall Traffic Loops EA 154 $285.00 $43,890.00 154 $285.00 $43,890.00 R&R Alley Apron SF 275 $10.00 $2,750.00 2,655 $10.00 $26,550.00 New Driveway SF 1,880 $5.88 $11,054.40 4,528 $5.88 $26,624.64 Page 1 CONTRACT CHANGE ORDER NO. 1 Original Contract Adjusted Contract _ Item Unit Bid Qty Unit Price Amount Adjusted Qty Unit Price Amount 25 R&R Driveway SF 6,694 $7.14 $47,795.16 6,694 $7.14 $47,795.16 26 R&R Storm Drain Cover D-3 EA 1 $1,426.00 $1,426.00 1 $1,426.00 $1,426.00 27 New Gravity Wall CY 3 $1,113.00 $3,339.00 3 $1,113.00 $3,339.00 28 R&R Retaining Wall SF 363 $42.00 $15,246.00 363 $42.00 $15,246.00 EXTRA WORK ITEMS 29 R&R Inlet Frame and Cover LS 1 $2,870.00 $2,870.00 30 Clean and Fog Seal Medians on Harbor Drive SF 36,041 $0.06 $2,162.46 TOTALS $1,890,377.18 $2,000,860.16 DISCUSSION: Line Item No. 29 is being added to the contract at the City's request to provide compensation to the contractor for removing, raising and replacing an inlet frame and cover to match the newly constructed street grade on D Avenue. Line Item No. 30 is added to the contract at the City's request to provide compensation to the contractor for cleaning and fog sealing the median on Harbor Dr. from 8th St. to Civic Center Drive to complement the overlay improvements being done on Harbor Dr. Line Item No. 16 is increased at the City's request to provide compensation to the Contractor for the construction of new sidewalk on 5th St. from Harbison Ave. to the Cul- de-sac and additional sidewalk needed to provide hazard free pedestrian access to areas that are currently unimproved. Line Item No. 18 is increased at the City's request to provide compensation to the Contractor for the removal and replacement of curb and gutter required to provide proper drainage of runoff These additional quantities were determined to be required to protect the integrity of the newly constructed street section in the area and were not included in the initial estimate. Line Item No. 19 is increased at the City's request to provide compensation to the Contractor for the construction of new curb and gutter on 5th St. from Harbison Ave. to the Cul-de-sac. Line Item No. 23 is increased at the City's request to provide compensation to the Contractor for the removal and replacement of alley aprons that were determined to be required to properly convey runoff from the newly construction street section. Page 2 CONTRACT CHANGE ORDER NO. 1 Line Item No. 24 is increased at the City's request to provide compensation to the Contractor for the construction of new driveways on 5th St. from Harbison Ave. to the Cul-de-sac. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $110,482.98 from the current contract price of $1,890,377.18 to a new contract price of $2,000,860.16. 2. The contract time is unchanged. The contract completion date was previously established as Monday, September 15, 2003. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Hanson SJH Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: Michael J APPR t VED BY: neer 7/0/3 Dat Mr. David R. Hummel, President Date Hanson SJH Construction, Inc. Mr. M. L. Wilde, Assistant Secretary Date Hanson SJH Construction, Inc. Nick Inzunza, Mayor Page 3 Date CONTRACT CHANGE ORDER NO. 1 ORIGINAL DATE: July 30, 2003 PROJECT: National City Street Resurfacing Project FY 02-03, Specification No. 02-2 TO: David R Hummel, President Hanson SJH Construction, Inc. P. O. Box 639069 San Diego, CA 92163-9069 DESCRIPTION OF CHANGE: This change order is written to add work item numbers 29 and 30 to the contract and to increase the original bid quantities of line items 16, 18, 19, 23, & 24. Original Contract Adjusted Contract No Item Unit Bid Qty Unit Price Amount Adjusted Qty Unit Price Amount 1 Mobilization LS 1 $21,323.10 $21,323.10 1 $21,323.10 $21,323.10 2 Clearing and Grubbing LS 1 $1,000.00 $1,000.00 1 $1,000.00 $1,000.00 3 Unclassified Excavation CY 800 $21.29 $17,032.00 800 $21.29 $17,032.00 R&R Street Section 1.5" AC on 8" Base SF 59,614 $2.54 $151,419.56 59,14 $2.54 $151,419.56 R&R Street Section 2" AC on 10" Base SF 85,859 $2.55 $218,940.45 85,859 $2.55 $218,940.45 6 R&R Street Section 3" AC on 8" Base SF 107,031 $2.52 $269,718.12 107,031 $2.52 $269,718.12 7 R&RACOnly TON S 1,185 $60.82 $72,071.70 1,185 $60.82 $72,071.70 8 Pavement Milling LF 62,390 $0.73 $45,544.70 62,390 $0.73 $45,544.70 9 Pavement Fabric SY 126,589 $0.75 $94,941.75 126,589 $0.75 $94,941.75 10 AC Overlay TON S 12,246 $45.00 $551,070.00 12,246 $45.00 $551,070.00 11 Manholes EA 65 $200.00 $13,000.00 65 $200.00 $13,000.00 12 Monuments EA 9 $150.00 $1,350.20 9 $150.00 $1,350.20 13 R&R Cross Gutter SF 6,079 $15.86 $96,412.94 6,079 $15.86 $96,412.94 14 New Cross Gutter SF 1,124 $16.59 $18,647.16 1,124 $16.59 $18,647.16 15 R&R Sidewalk SF 6,990 $6.30 $44,037.00 6,990 $6.30 $44,037.00 16 New Sidewalk SF 4,471 $5.25 $23,472.75 6,411 $5.25 $33,657.75 17 Remove Concrete SF 1,350 $3.47 $4,684.50 1,350 $3.47 $4,684.50 18 R&R Curb and Gutter LF 1,939 $27.72 $53,749.08 3,388 $27.72 $93,915.36 19 New Curb and Gutter LF 1,023 $22.47 $22,986.81 1,723 $22.47 $38,715.81 20 Traffic Striping LS 1 $23,000.00 $23,000.00 1 $23,000.00 $23,000.00 21 Ped Ramp EA 15 $1,365.00 $20,475.00 15 $1,365.00 $20,475.00 22 Reinstall Traffic Loops EA 154 $285.00 $43,890.00 154 $285.00 $43,890.00 R&R Alley Apron SF 275 $10.00 $2,750.00 2,655 $10.00 $26,550.00 r New Driveway SF 1,880 $5.88 $11,054.40 4,528 $5.88 $26,624.64 Page 1 CONTRACT CHANGE ORDER NO. Original Contract Adjusted Contract _ Item Unit Bid Qty Unit Price Amount Adjusted Qty Unit Price Amount 25 R&R Driveway SF 6,694 $7.14 $47,795.16 6,694 $7.14 $47,795.16 26 R&R Storm Drain Cover D-3 EA 1 $1,426.00 $1,426.00 1 $1,426.00 $1,426.00 27 New Gravity Wall CY 3 $1,113.00 $3,339.00 3 $1,113.00 $3,339.00 28 R&RRetainingWall SF . 363 $42.00 $15,246.00 363 $42.00 $15,246.00 EXTRA WORK ITEMS 29 R&R Inlet Frame and Cover LS 1 $2,870.00 $2,870.00 30 Clean and Fog Seal Medians on Harbor Drive SF 36,041 $0.06 $2,162.46 TOTALS $1,890,377.18 $2,000,860.16 DISCUSSION: Line Item No. 29 is being added to the contract at the City's request to provide compensation to the contractor for removing, raising and replacing an inlet frame and cover to match the newly constructed street grade on D Avenue. Line Item No. 30 is added to the contract at the City's request to provide compensation to the contractor for cleaning and fog sealing the median on Harbor Dr. from 8th St. to Civic Center Drive to complement the overlay improvements being done on Harbor Dr. Line Item No. 16 is increased at the City's request to provide compensation to the Contractor for the construction of new sidewalk on 5th St. from Harbison Ave. to the Cul- de-sac and additional sidewalk needed to provide hazard free pedestrian access to areas that are currently unimproved. Line Item No. 18 is increased at the City's request to provide compensation to the Contractor for the removal and replacement of curb and gutter required to provide proper drainage of runoff. These additional quantities were determined to be required to protect the integrity of the newly constructed street section in the area and were not included in the initial estimate. Line Item No. 19 is increased at the City's request to provide compensation to the Contractor for the construction of new curb and gutter on 5th St. from Harbison Ave. to the Cul-de-sac. Line Item No. 23 is increased at the City's request to provide compensation to the Contractor for the removal and replacement of alley aprons that were determined to be required to properly convey runoff from the newly construction street section. Page 2 CONTRACT CHANGE ORDER NO. 1 Line Item No. 24 is increased at the City's request to provide compensation to the Contractor for the construction of new driveways on 5th St. from Harbison Ave. to the Cul-de-sac. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $110,482.98 from the current contract price of $1,890,377.18 to a new contract price of $2,000,860.16. 2. The contract time is unchanged. The contract completion date was previously established as Monday, September 15, 2003. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Hanson SJH Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, .Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROV BY: 7 Michael J ong, Ass. i.: Civil E neer Date APPR VED BY: Mr. David R Hummel, President Date Hanson SJH Construction, Inc. Mr. M. L. Wilde, Assistant Secretary Date Hanson SJH Construction, Inc. Nick Inzunza, Mayor Date Page 3 CONTRACT CHANGE ORDER NO. 1 ORIGINAL DATE: July 30, 2003 PROJECT: National City Street Resurfacing Project FY 02-03, Specification No. 02-2 TO: David R. Hummel, President Hanson SJH Construction, Inc. P. O. Box 639069 San Diego, CA 92163-9069 DESCRIPTION OF CHANGE: This change order is written to add work item numbers 29 and 30 to the contract and to increase the original bid quantities of line items 16, 18, 19, 23, & 24. Original Contract Adjusted Contract No Item Unit Bid Qty Unit Price Amount Adjusted Qty Unit Price Amount 1 Mobilization LS 1 $21,323.10 $21,323.10 1 $21,323.10 $21,323.10 2 Clearing and Grubbing LS 1 $1,000.00 $1,000.00 1 $1,000.00 $1,000.00 3 Unclassified Excavation CY 800 $21.29 $17,032.00 800 $21.29 $17,032.00 4 R&R Street Section 1.5" AC on 8" Base SF 59,614 $2.54 $151,419.56 59,14 $2.54 $151,419.56 D R&R Street Section 2" AC on 10" Base SF 85,859 $2.55 $218,940.45 85,859 $2.55 $218,940.45 6 R&R Street Section 3" AC on 8" Base SF 107,031 $2.52 $269,718.12 107,031 $2.52 $269,718.12 7 R&R AC Only TON S 1,185 $60.82 $72,071.70 1,185 $60.82 $72,071.70 8 Pavement Milling LF 62,390 $0.73 $45,544.70 62,390 $0.73 $45,544.70 9 Pavement Fabric SY 126,589 $0.75 $94,941.75 126,589 $0.75 $94,941.75 10 AC Overlay TON S 12,246 $45.00 $551,070.00 12,246 $45.00 $551,070.00 11 Manholes EA 65 $200.00 $13,000.00 65 $200.00 $13,000.00 12 Monuments EA 9 $150.00 $1,350.20 9 $150.00 $1,350.20 13 R&R Cross Gutter SF 6,079 $15.86 $96,412.94 6,079 $15.86 $96,412.94 14 New Cross Gutter SF 1,124 $16.59 $18,647.16 1,124 $16.59 $18,647.16 15 R&R Sidewalk SF 6,990 $6.30 $44,037.00 6,990 $6.30 $44,037.00 16 New Sidewalk SF 4,471 $5.25 $23,472.75 6,411 $5.25 $33,657.75 17 Remove Concrete SF 1,350 $3.47 $4,684.50 1,350 $3.47 $4,684.50 18 R&R Curb and Gutter LF 1,939 $27.72 $53,749.08 3,388 $27.72 $93,915.36 19 New Curb and Gutter LF 1,023 $22.47 $22,986.81 1,723 $22.47 $38,715.81 20 Traffic Striping LS 1 $23,000.00 $23,000.00 1 $23,000.00 $23,000.00 21 Ped Ramp EA 15 $1,365.00 $20,475.00 15 $1,365.00 $20,475.00 22 Reinstall Traffic Loops EA 154 $285.00 $43,890.00 154 $285.00 $43,890.00 R&R Alley Apron SF 275 $10.00 $2,750.00 2,655 $10.00 $26,550.00 _ _ New Driveway SF 1,880 $5.88 $11,054.40 4,528 $5.88 $26,624.64 Page 1 CONTRACT CHANGE ORDER NO. 1 Original Contract Adjusted Contract Item Unit Bid Qty Unit Price Amount Adjusted Qty Unit Price Amount 25 R&R Driveway SF 6,694 $7.14 $47,795.16 6,694 $7.14 $47,795.16 26 R&R Storm Drain Cover EA 1 $1,426.00 $1,426.00 1 $1,426.00 $1,426.00 27 New Gravity Wall CY 3 $1,113.00 $3,339.00 3 $1,113.00 $3,339.00 28 R&R Retaining Wall SF 363 $42.00 $15,246.00 363 $42.00 $15,246.00 EXTRA WORK ITEMS 29 R&R Inlet Frame and LS 1 $2,870.00 $2,870.00 30 Clean and Fog Seal Medians on Harbor SF 36,041 $0.06 $2,162.46 TOTALS $1,890,377.18 $2,000,860.16 DISCUSSION: Line Item No. 29 is being added to the contract at the City's request to provide compensation to the contractor for removing, raising and replacing an inlet frame and cover to match the newly constructed street grade on D Avenue. Line Item No. 30 is added to the contract at the City's request to provide compensation to the contractor for cleaning and fog sealing the median on Harbor Dr. from 8th St. to Civic Center Drive to complement the overlay improvements being done on Harbor Dr. Line Item No. 16 is increased at the City's request to provide compensation to the Contractor for the construction of new sidewalk on 5th St. from Harbison Ave. to the Cul- de-sac and additional sidewalk needed to provide hazard free pedestrian access to areas that are currently unimproved. Line Item No. 18 is increased at the City's request to provide compensation to the Contractor for the removal and replacement of curb and gutter required to provide proper drainage of runoff. These additional quantities were determined to be required to protect the integrity of the newly constructed street section in the area and were not included in the initial estimate. Line Item No. 19 is increased at the City's request to provide compensation to the Contractor for the construction of new curb and gutter on 5th St. from Harbison Ave. to the Cul-de-sac. Line Item No. 23 is increased at the City's request to provide compensation to the Contractor for the removal and replacement of alley aprons that were determined to be required to properly convey runoff from the newly construction street section. Page 2 CONTRACT CHANGE ORDER NO. 1 Line Item No. 24 is increased at the City's request to provide compensation to the Contractor for the construction of new driveways on 5th St. from Harbison Ave. to the Cul-de-sac. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $110,482.98 from the current contract price of $1,890,377.18 to a new contract price of $2,000,860.16. 2. The contract time is unchanged. The contract completion date was previously established as Monday, September 15, 2003. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Hanson SJH Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: Michael J. I,bng, Asso e C' 'il Engi Dat APPROVED BY: Mr. David R Hummel, President Hanson SJH Construction, Inc. Date Mr. M. L. Wilde, Assistant Secretary Date Hanson SJH Construction, Inc. Nick Inzunza, Mayor Date Page 3 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE August 5. 2003 AGENDA ITEM NO. 11 l'ITEM TITLE RESOLUTION ACCEPTING THE WORK AND AUTHORIZING THE FILING OF-'\\ A NOTICE OF COMPLETION FOR THE CIVIC CENTER AND POLICE FACILITY SECURITY AND FIRE SYSTEM ENHANCEMENTS, SPEC. NO. 02-6 PREPARED BY Michael Long DEPARTMENT Engineering 336-4486 EXPLANATION See attached Explanation Environmental Review NIA Financial Statement The total cost of the project was Approved estimated to be $275,160.00. The final construction cost is $264,840.00.Finance Director This amount is within the estimated budget for this project. Funding is availabl through account No. 629-409-500-598-8032 and 189-409-500-598-8032. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD I COMMISSION RECO N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Contract Balance 3. Notice of Completion Resolution No. 2003-111. A-200 (9'99) Explanation: August 6, 2002 by Resolution No. 2002-111, the City Council awarded a contract in the amount of $229,300.00 to ASSI Security, Inc. For the Civic Center and Police Facility Security and Fire System Enhancements, Specification No. 02-6. On May 30, 2003 a final inspection was completed and the work was found to be in accordance with the approved plans and specifications. Change Order No. 1 was written to include Line Item No. 8 to provide compensation to the contractor for furnishing and installing three complete ADA Facility Entrance System similar to the ADA entrance system on the second floor of the Civic Center from National City Boulevard pedestrian bridge. Change Order No. 2 was written to add Line Item No. 9 by $8,730.00 at the City's request to provide compensation to the contractor for furnishing and installing one additional proximity card reader and associated door hardware, additional prewiring for the proposed personnel remodel area on the garden level, 8 panic buttons and associated wiring, and to supply 150 additional proximity security access cards. Change Order No. 3 was written to add Line Item No. 10 by $1,815.00 at the City's request to provide compensation to the contractor for furnishing and installing one additional proximity card reader and associated door hardware, for the lobby area. Change Order No. 4 was written to add Line No. 11 by $3,755.00 at the City's request to provide compensation to the Contractor for relocating the fire alarm panels. Change Order No. 5 was written to add Line Item No. 12 by $3,820.00 at the City's request to provide compensation for the addition of two outdoor color cameras, two additional keypads, and one additional request to exit device. RESOLUTION NO. 2003 — 111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE CIVIC CENTER AND POLICE FACILITY SECURITY AND FIRE SYSTEM ENHANCEMENTS (Engineering Spec. No. 02-06) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by ASSI SECURITY, INC., Engineering Department Specification No. 02-06, for the Civic Center and Police Facility Security and Fire System Enhancements has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 5th day of August, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CrTY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on August 5, 2003, of the CIVIC CENTER AND POLICE FACILITY SECURITY ANT) FIRE SY, TEM ENHANCEMENTS, SPECIFICATION NO 02-6 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at 1243 National City Boulevard, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property:City of National City Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with ASSI. SECURITY, INC. Name of Original Contractor The following work and material were supplied:S uri v and Fire Alarms :or General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: NLA Joint tenants, tenants in common, or other owners Dated: , 2003; Signature of Owner , Nick lnzunza, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2003, at , California. Signature: NICK INZUNZA, MAYOR FORMS/NOC2-8 Civic Center and Police Facility Security and Fire S stem Enhancements, S No. Descri 1 Mobilization 2 Install Security Access Control S 3 tall Digital Video 4 Install Electrified/Finish Door Hardware all Head -End • ecification No. 02-6 5 6 7 Item Ins Extra dU rk 8 9 10 11 12 Amended Contract Total w/chan•e orders 1-5 CONTRACT FINAL BALANCE ion stem Recording System Ins Install Fire Alarm Project Close Items out (Training Manuals) CONTRACT FINAL BALANCE 0 CCO #1 Automated ADA Access Hardware 3 existin• doors CCO #2 - Additional Hardware for Pro•osed Personnel Area CCO #3 - Additional Hardware for Lobb Area CCO #4 - Relocatin• Fire Alarm Panels CCO #5 - Two Outdoor Cameras Two Ke .ads and a Re.uest to Exit Device Unit LS LS LS LS LS LS LS pa9Q LS LS LS LS LS Original Contract U nitCost $ 2,000.00 $ 92,000.00 $ 18,000.00 $ 22,000.00 $ 9,000.00 $ 85,000.00 $ 1,300.00 Completion Date: 5/30/03 Amended Contract includes CO's 1-5 Quanti t Amount 1 $ 2,000.00 1 $ 92,000.00 1 $ 18,000.00 1 $ 22,000.00 $ 9,000.00 1 $ 85,000.00 $ 1,300.00 1 1 1 1 1 1 1 $ 21,620.00 $ 4,530.00 $ 1,815.00 $ 3,755.00 $ 3,820.00 $ 264,840.00 Final Contract Quanti Amount 1 $ 2,000.00 1 $ 92,000.00 1 $ 18,000.00 1 $ 22,000.00 1 $ 9,000.00 1 $ 85,000.00 1,300.00 1 1 1 1 $ 21,620.00 $ 4,530.00 $ 1,815.00 $ 3,755.00 $ 3,820.00 $ 264,840.00 EETING DATE August 5, 2003 City of National City, California COUNCIL AGENDA 'STATEMENT AGENDA ITEM NO. 12 /ITEM TITLE MILLS ACT CONTRACT APPLICATION FOR 1941 HIGHLAND AVENUE (APPLICANT: HERNANDEZ FAMILY REVOCABLE TRUST) (CASE FILE NO.: M-2002-3) Rce PREPARED BY Roger Post 33 -4310 DEPARTMENT Planning EXPLANATION In May of 2002 the Council authorized a Mills Act program for historic properties on the City's adopted "List of Identified Historic Sites in National City". The property owner of 1941 Highland Avenue is requesting a Mills Act contract. This property is developed with the Casa De Novia (Ira Floyd home), built in 1881. It is currently occupied by a wedding dress and formal attire sales business and is in the CG (General Commercial) zone. Mills Act contracts are a historic preservation tool which allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City list. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in the attached list. The County Assessor's office estimates that there will be a tax reduction of roughly 55%, or $1,995.56 annually based on the current value. This would result in a reduction of approximately $200 annually in City revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained. CDC staff and the National City Historic Society provided comments in support of the contract. CEnvironmental Review X N/A Categorical Exemption Financial Statement The action will result in a reduction in annual City property tax revenue of approximately $200. Approved By:/)1,_ - Finance Direct Account No. STAFF RECOMMENDATION Approve the contract. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1 1. Location Map 2. Draft Contract 3. CDC and National City Historic Society Comments L4. Application, including site photos Resolution No. 2003-112 A-200 i999) RESOLUTION NO. 2003 — 112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR THE PROPERTY LOCATED AT 1941 HIGHLAND AVENUE Applicant: Hernandez Family Revocable Trust (Case File No. M-2002-3) BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for the property located at 1941 Highland Avenue. Said contact is on file in the Office of the City Clerk. PASSED and ADOPTED this 5th day of August, 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney N A PROJECT SITE ZONE BOUNDARY LOCATION MAP Mills Act contract for Casa De Novia at 1941 HinhlaQd Avenue IDRN DATE: 7/23/2002 INITIAL MEETING DATE. M-9007-R NATIONAL CITY PLANNING 8/5/03 I Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s) 561-181-04 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 1941 Highland Avenue THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Hernandez Family Revocable Trust ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 561-181-04, and located at the street address 1941 Highland Avenue, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City. 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements proposed by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission Mills Act Contract 11/14/02 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fets set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein Mills Act Contract I1 / 14/02 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on July 15, 2003, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. Mills Act Contract 11 / 14/02 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 To Owner(s): Hernandez Family Revocable Trust 1941 Highland Avenue National City, CA 91950 12. General Provisions. a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Contract shall be construed and governed in accordance with the laws of the State of California. g. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Mills Act Contract 11/14/02 Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY Date: OWNER(S) OF RECORD Date: i - -223 By: By: Nick Inzunza, Mayor (Notarized Signature) Title: Date: Date: Attest: By: (No By: Michael R. Dalla, City Clerk Title Date: Approved as to form: By: George H. Eiser, III City Attorney ture OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. Mills Act Contract 11/14/02 Attachment A Restoration and maintenance plan for 1941 Highland Avenue: 1. Re -roof the main building within three years 2. Paint the building exteriors within three years with colors appropriate to the historic buildings, subject to the prior approval of the National City Historic Society and the Planning Director 3. Paint the fence within three years with colors appropriate to the historic site, subject to the prior approval of the National City Historic Society and Planning Director 4. Pave the parking lot 5. Paint the interior 6. Replace windows 7. Repair and/or replace wood on the front porch and exterior stairs State of California ) \�" 1 ss. County of R VL Pf es f I,E ' ►'" e' Nt me of custodian of original document), hereby swear (ot affirm) that the attached reproduction of -cGc; (description of original document) is a true, correct and complete photocr pv of a document in my possession. j4/'� (signature of custodian) \�' \\ ��4'�Q,(addre5s) a 1; CN olio Subscribed and sworn to (or affirmed) be ore m ,\ - clay of (month), (year), (year), bvi as�-1:,__ ffc (name o1 ignature of Notary) ALBERTO ►T TU Commission $1351842 Notary Public' Catilomis 5 SIM DieyO CA►edY NATIONAL CT ANNINt, , MEMORANDUM COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY February 26, 2003 To: Jon Cain, Associate Planner From: Paul Desrochers, Executive Directo Subject: Case File # M-2002-3 Mills Act Application, 1941 Highland Ave. Thank you for the opportunity to review the application for Mills Act status for 1941 Highland Ave. The CDC has no objections to the designation of the property under provisions of the Mills Act. It is recommended that the owner be required to submit appropriate (to the period of when the house was built) colors for the exterior paint. You may want the City's Historic Society to advise you (Planning Department) of their approval of the colors to be used. In addition, it appears that other issues need to be addressed, such as the condition of the wood on the front exterior stairs and porch. A timeline for restoration of the structure may be appropriate to consider. You may wish to inform the owner that the CDC is in the planning stages of a facade improvement loan program that could be applicable to this particular site. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR December 31, 2002 TO: COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY HISTORICAL SOCIETY FROM: CITY OF NATIONAL CITY PLANNING DEPARTMENT SUBJECT: Case File No: M-2002-3, Mills Act Contract Application for 1941 Highland Avenue This Mills Act Contract application has been submitted for consideration for the property at 1941 Highland Avenue . This is the locaiton of the Floyd Home as listed on the City's adopted list of historic structures. Please submit your comments or recommendations on the proposal by January 10, 2003. Please alert us to any aspects of the proposal which conflict with regulations or policies that your department or agency administers. If you have any questions, please contact me at 336-4310. Thank you. JON CAIN Associate Planner 12ccycled IWei. ���W\ kmmmo11g11Uf/lll� NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 FOR DEPARTMENT USE ONLY Case Number —'POOL Filing Fee $ 3oe) Receipt Noo. "2-4.01-1Qi Date Received 11441oL By W `* -a u Make checks payable to the City of National City PROPERTY DESCRIPTION:: �i Street Address: % (r44 ) w c" fivC? Assessors Parcel Number(s): 5 C' / " / F / — 0 L/ SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: ))�� g- �- Phone: e4/Rekiv 7 Name:ft ��/i � � Phi/ t�` � Address: Property owner's signature: 777 - Date: �� Ira Floyd House - 1881 1941 Highland Avenue. This stately Itaiianate home with matching carriage house has a low sloping roof line, and wide eaves supported by large, brackets, giving the appearance that they are supporting the entire roof. The formal balance of the $ use is accentuated by pronounced moldings and detailing. Inside there is a central hallway which leads to the rear of the house where the kitchen is Tema Off from this )SallwaYis t ie pat ar, the sitting room, the library and the dining mom. Upstairs are five bedrooms and up an additional flight of stairs is the attic. Originally there was no inside bathroom. On outstanding feature of this home is the ceiling medallions which surround the light fixtures, and originally surrounded the hanging kerosene lights. Ira Floyd brought his family to National City in 1876, via the transcontinental railroad, which was a very exciting trip for his young children. When they arrived in San Francisco they took the steamer down the coast to National City. Mr. Floyd bad owned a shoe factory inNewEngland, but upon coming west he became a fruit rancher. And being practical, the first structure he built was a barn, in which his whole family lived until he could develop his acreage and then build his home. Ira Floyd's daughter Carrie grew up on the National Ranch (now National City); she played in the citrus groves, rode her horse to the Sweetwater Dam area where she picnicked, and began painting the flora of the area. Her beautiful collection of watercolor paintings is a remembrance of the beautiful wild flowers that once grew across the hillsides 100 years ago. This collection is now stored at the National City Public Library. One of Carrie's sons became the currater in entomology at the Natural History Museum in Balboa Park, and the other became a municipal judge. - This home is now the Casa de Novio where wedding dresses and formal attire are sold. 6S✓ezda de !j®811 •• Bedded acted laws. egajo• 041 141610ND AVENUE • NATIONAL CM, CALIFORNIA • 02050 (6,4'477-n26) Mak) VI ISO LOS 2107 GRANT DEED TRANSFER TO REVOCABLE TRUST -ADDENDUM A LEGAL DESCRIPTION OF REAL PROPERTY: THE WESTERLY HALF OF THE SOUTHERLY HALF OF THE WESTERLY QUARTER OF THE SOUTHERLY HALF OF TWENTY ACRE LOT 2, IN QUARTER SECTION 133, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRIL NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869. EXCEPTING THEREFROM THE SOUTHERLY 40 FEET AND THE WESTERLY 40 FEET DEEDED TO THE CITY OF NATIONAL CITY FOR STREET PURPOSES THEREOF. ALSO EXCEPTING THEREFROM THE NORTHERLY 45 FEET THEREOF. Commonly own as: 3784 Birch St, San Diego, CA 92113. Grantor: i 'ose Ina er c ndez Partner Grantor: Celia Hernandez Partner Date: 6 200 STATE OF CALIFORNIA COUNTY OF SAN DIEGO NOTARIAL ACKNOWLEDGMENT SS. On 07-07-0G , before me, FE LiP I- C. G E2v4,t/Tdj, a Notary Public for the State of California, personally appeared Josefina Hernandez and Celia Hernandez, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument the person(s), or the entity'upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature `�_r�rx n (Seal) Notary Public FELIPE C. CERVANTES Comm. #1175216 NOTARY PUBLIC CALIFORNIA San Diego County My Comm. Expires March 30, 2062 I Fe, 2? VF Fold hexe GRANT DEED TRANSFER TO REVOCABLE TRUST, Recording requested by: Josefina Hernandez and Celia Hernandez Mail tAe statemen.ts When recorded, mail to: 2106 Josefina Hernandez Space 3784 Birch St. San Diego, CA 92113 J u 2000 10s34 OFFICIAL RECORDS SAN DIE1 J COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES 20.00 11101 2000-0374192 AM Above this line for recorder's use ASSESSOR'S PARCEL NUMBER: 561 181 04 GRANT DEED The undersigned GRANTORS declare: Documentary transfer tax is NONE. No monetary consideration given. Change in formal title only. Note #1: Conveyance transferring GRANTORS' interest into a revocable living trust. This conveyance transfers the Grantors' interest into their revocable living trust, which is not pursuant to a sale and is exempt pursuant to Rev & T C §11911. Note #2: The GRANTORS are the same persons as the beneficiaries. This conveyance is to a revocable trust and, pursuant to Rev & T C §62(a) (2) and (d), does NOT constitute a change in ownership and does not subject the property to reassessment._ GRANTOR CASA DE NOVIA, a Partnership, Josefina Hernandez and Celia Hernandez, 100 % Partners. GRANTEES Josefina Hernandez and Celia Hernandez as trustees of the HERNANDEZ FAMILY Revocable Trust. FOR NO MONETARY CONSIDERATION, Josefina Hernandez and Celia Hernandez, Grantors/Partners, do hereby FOREVER GRANT to Josefina Hernandez and Celia Hernandez, as Co -Trustees of the: HERNANDEZ FAMILY Revocable Trust created on July 07, 2000 , all of the rights, title and interest of GRANTORS in and to the real property described on Addendum A, which is attached to this grant deed and is incorporated in it by reference. THE NOTARIAL ACKNOWLEDGMENT AND THE SIGNATURES ARE SHOWN ON ADDENDUM A, WHICH IS ATTACHED TO THIS GRANT DEED. f City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 5, -2003 13 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT REMOVAL AGREEMENT WITH FRED DEMEO, INC. FOR THE INSTALLATION OF SECURITY LIGHTS, SIGNS, BUILDING FACADE AND TO SUPERSEDE THE PREVIOUS ADOPTED AGREEMENT PASSED BY RESOLUTION NO. 10,926. PREPARED BY Charles Nissley DEPARTMENT Engineering 336-4396 EXPLANATION Fred Demeo, Inc. the owner of the Trophy Lounge located at 999 National City Boulevard is seeking an encroachment removal agreement as shown in the plat to install signs, security cameras, security lights, and a building facade. This agreement shall supersede the previous encroachment removal agreement granted by Resolution No. 10,926 passed and adopted on January 2, 1973 allowing for a one -inch building facade to encroach into the right-of-way. The proposed agreement is similar to the existing agreement, but increases the width of the encroachment area from the existing one (1) inch to allow for the building facade to twenty-four (24) inches to allow for the placement of security cameras, security lights, and signs. Environmental Review X N/A Financial Statement LBOARD / COMMISSION RECOMMENDATION N/A N/A STAFF RECOMMENDATION Adopt the Resolutio ATTACHMENTS ( Listed Below ) 1. Resolution 2. Encroachment Agreement Approved By: Finance Director Account No. Resolution No. 2003-113 RESOLUTION NO. 2003 —113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT REMOVAL AGREEMENT WITH FRED DEMEO, INC. FOR THE INSTALLATION OF SECURITY LIGHTS, SIGNS, BUILDING FACADE AND TO SUPERSEDE THE PREVIOUS ADOPTED AGREEMENT PASSED BY RESOLUTION NO. 10,926 WHEREAS, Fred Demeo, Inc., the owner of the Trophy Lounge located at 999 National City Boulevard, is seeking an encroachment removal agreement to install to install signs, security cameras, security lights, and a building facade; WHEREAS, this agreement shall supersede the previous agreement granted by Resolution No. 10,926 passed and adopted on January 2, 1973 allowing for a one -inch building facade to encroach into the right -of -away. WHEREAS, the proposed agreement is similar to the existing agreement, but increases the width of the encroachment area form the existing one (1) inch to allow for the building facade to twenty-four (24) inches to allow for the placement of security cameras, security lights, and signs. 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 Fred Demeo, Inc., and directs the City Clerk to record the same. PASSED and ADOPTED this 5th day of August, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael DaIla, City Clerk George H. Eiser, Ill City Attorney JUN-16-2003 05:16 AM DAVE DORNAN 619 582 3979 P.01 FEE: S200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned described in the attached Exhibit "A", in the City of National City, �County of San Diego, the owner of the real State of California (hereinafter referred to as "OWNER") in consideration of the grant of by the City of National City (hereinafter referred to as "CITY") to maintain a building or otherostructure as shown on Exhibit "A" within a CITY easement or right-of-way for the use and benefit of OWNER'S property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the above described or structure shall be abandoned, removed or relocated by OWNER. building 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 casement 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. JUN-16-2003 05:17 AM DAVE DORNAN 619 582 3979 P.02 OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY'a easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars (S1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents insureds, and shall constitute primary insurance as to�CITY aand nd itseofficerrss, 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, The parties agree that the former encroachment agreement approved by City Council Resolution No, 10,926 on January 2, 1973 is hereby superseded. PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SRE P..XHIRIT "R" ATTACHED Dated; ( &- ? Person in Responsible Charge ,��(Print Name) g 12 24 hr. Phone Number Firm Name 21kcn OWNER/APPLICANT r s, . 1,J4aS altinck- acifizto Printed Name & Signatures MIKE 1 EE. Printed Name & Signature glvU A„.0$ SqD ty Mailing Address Phone Number 22 P.S. Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2 III ;lay 19 03 OS:19a ORVE DORNRN 619-336-04SS P-2 ' Legal Description: Lots 8, 9. and 10 in Block 1 of W. C. Kimball's Subdivision of 10 acre lot 2, Quarter Section 154 of Rancho de la Nacion, Map No. 105. ALL6.Y :15TING BLDG. EXISTING STORAGE AREA BOWLING AQEA CLo5DD ' 41BO0 .S4-FT. V_XISTING BUILDING E X I STIt�1G C3gR I2-co EXISTING RoSTL',URANT t h. SC(. FT. 75' SIDEWALK I¢` 0 SIDEWALK 1 PLAN cr w I"— Id-0 fr/1q 2Ai ✓/"/ fi46//v Ott ,eO rf oR t0 VALLATi0N secualr� LV* 5y Sec.a9.117c e11/41/10e4\ Slca1 EXHIBIT "A" 4 U J 4 Z I Lan Lwm N1tl19IQ Q wu VIOL 534 tLTL. n l� EIGHTH LOT 1 V4 T t34 !'� N IOT 1 lK� 14 MI PLAZA DETAIL"A —ND SCALE r 20 n so 14 41 I8 G- 17a 4._ 16 00KIS k 13 —12- 11I1 m .e IT1[,I.O UO"W /80 2 II 3 4 5 6 , I I w E W ve gIRRW PETMI 'e SOAP (TENTH ST) Li ST. IJ 2 19®1 16 • p7 MI0' 12 n • .3 II w V as • Li 2 T,—oo-- .mIIT, a I 1 I wails` « M 1p 6LTi).1 .1 12 V 3 4 SI6 71 9110 19 16[17 161j 15 14113 12I11 .� u s p (4 wTdTI. I I l I It. BLVD .o MAP PP14245 — gTOWMSODUARE ROW HOMES MAP I40S W C. P IMBALLS SUS. RESVB ROS 1133,13496 556-47 ER MI/01 117' OCT t51001 20i6T/S0 A A 1D O 0 m N CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On e Sit ,- 'b . ,2_5o DATE 2e103 personally appeared ❑ personally known to SUSAN M. KREITZER C COMM. #1344904 Notary Public -California ttn SAN DIEGO COUNTY -+ My Comm. Exp. March 1, 2006 [ before me, .Sv.s c 111 • e, `f ,- / NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' (4 // t'1 cc._ Cde-Jetr-W_r NAME(S) OF SIGNER(S) me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m .and and official seal. w SIGNATURE OPNOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) El GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT C root cXM•ertf �a/IP�nI�i'I t TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of G4-1-4 r�"Va/t/L #' County of +' A'/'N( t 42—ea a h On 5 f ZS 1( Zvv before me, l2.A'11 G D 1( Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared w' t v- E. ❑ personally known tome - OR - rimodiaarombehariamdragaisaisommen "• �, y OFFICIAL SEAL w?1, DAVID TAYLOR r NOTARY PUBLIC-CALIFORNtA$ `� COMM. NO. 1388979 r SAN DIEGO COUNTY MY COMM. EXP. DEC. 7, 2006 Name(s) of Signer(s) roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized.capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed . - ' ' - �t. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here City of National City, California COUNCIL AGENDA STATEMENT 14 4EETING DATE 8/3/03 AGENDA ITEM NO. (ITEM TITLE STREET TREE COMMITTEE MINUTES. PREPARED BY Irma Acedo x4274 EXPLANATION Street Tree Removals DEPARTMENT Parks & Recreation 1820 "N" Avenue Requests removal of 1 jacaranda tree. Tree is growing in front of driveway to residence making it difficult for parked vehicles to back out and exit property. Tree roots have cracked concrete. Committee recommends removal upon payment of $50 fee for replacement tree. 1440 Harding Avenue Requests removal of 7 carrotwood trees. Trees are lifting and breaking sidewalks and foundation. Committee recommends removal upon payment of $50 for each replacement tree, for a total of $350. Environmental Review XX N/A Financial Statement Approved By: Replacement funds available in Acct. #105-442-000-331-0000 art nance Director #31 D Account No. STAFF RECOMMENDATION Approve minutes. BOARD I COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS Listed Below j Minutes Resolution No. A-200 (9 99! City of National City Parks and Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF THE STREET TREE COMMITTEE MEETING HELD ON JULY 17, 2003 • Called to order at 2:00 p.m. • Present: Cesena, Keen, and Morales; Staff: Espinosa & McDaniel. • Absent: Schwitkis, Howrey-Colmenero • Tree Removal Requests: Mario D. Delgadillo 1820 "N" Avenue Request for removal of jacaranda tree. The tree is growing in front of driveway to residence making it difficult for parked vehicles to back out and exit property. Tree roots have cracked concrete. Committee recommends removal upon payment of $50 fee for replacement tree. Francisco L. Jimenez 1440 Harding Avenue Request for removal of 7 carrotwood trees. Trees are lifting and breaking sidewalks and foundation. Committee recommends removal upon payment of $50 for each replacement tree, for a total of $350. • Adjourned at 2:15 p.m. 09 Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE August 5, 2003 AGENDA ITEM NO. 15 ITEM TITLE WARRANT REGISTER #03 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #03 per Government Section Code 37208. I r Environmental Review N/A Financial Statement Not applicable. Approved By r Finance Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 583,141.31. BOARD / COMMISSION CO MEND TION L V ./ ATTACHMENTS ( Listed Below 1. Warrant Register #03 2. Workers Comp Warrant Register dated 07/08/03 A-200 VA 991 Resolution No. City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE August 05, 2003 AGENDA ITEM NO. 16 /ITEM TITLE WARRANT REGISTER #04 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #04 per Government Section Code 37208. Financial Statement Not applicable. Approved By Fi ance Dire Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,237,500.74. BOARD / COMMISSION RE CC ENDATION ATTACHMENTS C Listed Below 1. Warrant Register #04 2. _Workers Comp Warrant Register dated 07/16/03 3. Payroll Warrant Register dated 07/16/03 Resolution No. A-200 (9:99) City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE August 5, 2003 AGENDA ITEM NO. 17 (ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF APRIL 30, 2003 PREPARED BYALISON HUNTER X 4332 EXPLANATION DEPARTMENT FINANCE - MARYLOU MATIENZO X 4331 FOR THE CITY COUNCIL'S INFORMATION AND IN COMPLIANCE WITH THE CITY'S INVESTMENT POLICY, THE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF APRIL 30, 2003 IS HEREBY SUBMITTED. THIS REPORT REFLECTS THE COMPONENTS OF THE INVESTMENT PROGRAM FOR THE PERIOD THEN ENDED. THE INVESTMENT PORTFOLIO PROVIDES FOR SUFFICU-NT LIQUIDITY TO MEET THE FOLLOWING MONTH'S ESTIMATED EXPENDTURES. Environmental Review N/A Financial Statement NOT APPLICABLE STAFF RECOMMENDATION Approved By: MARYLOU MATIENZO Account No. WE RECOMMEND THAT THE REPORT BE ACCEPTED AND FILED. BOARD / COMMISSION RECOM ENDATIQN CONCUR: ATTACHMENTS L�i�ss ed g low j Ro c 3"1" oa I. LASH ACCOUNT SUMMARY 5. CONSOLIDATED CASH REPORT 2. 4.INVESTMENT BY BROKERS 6. MONTHLY STATEMENT OF RECEIPTS L. . PORTFOLIO MANAGEMENT 7. MONTHLY STATEMENT OF DISBURSEMENTS ACTIVITY REPORT 8. POOLED INVESTMENT TRANSACTIONS REPORT A-200 (9 99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 30-Apr-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 YEAR-TO-DATE 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 9,742.48 420,312.01 (621, 896.09) (36,878.33) 308, 824.98 13,406,203.42 26,451,190.59 $ 39,941,091.96 655,655.96 $ 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 655,655.96 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 City of National City SymPro City of National City Investments by Brokers Investments Purchased From Finance 500 Inc April 30, 2003 Purchase Current YTM YTM Maturity Days To CUSIP Investment if Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,000.00 99,670.23 2.750 2.712 2.750 08/09/2004 466 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/04/2004 553 063285AD2 10755 Bank of Little Chute 08/07/2002 99,000.00 99,000.00 99,728.64 2.800 2.761 2.800 08/06/2004 463 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 4.043 4.100 06/07/2004 403 177707ACO 10702 City Bank 05/15/2002 95,000.00 95,000.00 100,104.35 4.900 4.832 4.900 05/15/2007 1,475 254678898 10720 Discover Bank 06/12/2002 95,000.00 95,000.00 96,528.55 3.650 3.600 3.650 06/14/2004 410 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 09/26/2006 1,244 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 95,000.00 99,958.05 4.850 4.783 4.850 05/15/2007 1,475 633360A91 10756 National Bank of Commerce 08/08/2002 95,000.00 95,000.00 95,700.15 2.800 2.761 2.800 08/09/2004 466 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.128 5.200 07/12/2004 438 74926DAN7 10758 RBC Centura NB 08/08/2002 74,000.00 74,000.00 74,224.96 3.000 2.958 3.000 08/08/2007 1,560 Subtotal and Average 1,040,000.00 1,040,000.00 1,053,914.93 - 3.818 3.871 796 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 385 Subtotal and Average 95,000.00 95,000.00 95,000.00 6.000 6.083 385 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 652 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.227 5.300 01/27/2004 271 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 623 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,152.66 97,000.00 98,651.31 3.600 3.550 3.599 06/11/2004 407 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 272 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 99,0\ 0.00 100,311.75 3.500- 3.452 3.499 05/03/2004 368 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 223 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 154 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.621 'l 5.700 03/10/2004 314 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 454 46146MBU2 10818 Investors Bank 09/03/2002 95,000.00 95,000.00 95,351.50 3.000 2.958 3.000 09/03/2007 1,586 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 4.832 4.900 04/30/2007 1,460 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 330 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 330 ro Run Date: 05/19/2003 - 11:05 fD Portfolio CNC CC DO (PRF_DD) SymRePI V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From Finance 500 Inc April 30, 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 60531-17951-1 82668FCS4 8649999X9 90331 V9X2 6514-18644-1 10329 10038 10137 10347 10281 10353 10332 Bank of Mount Vernon Nations Bank (Barnett Bank) Signet Bank Success National Bank Upstate National Bank U S Bank NA Wilmington Trust Co 02/26/1999 12/01/1998 03/01/1999 01/31/2000 10/05/1999 02/04/2000 03/08/1999 Subtotal and Average 69,971.36 99,000.00 97,886.10 79,937.85 78,963.99 74,008.71 76,570.64 1,837,218.10 100,000.00 99,000.00 95,000.00 100,000.00 100,000.00 100,000.00 100,000.00 2,054,000.00 100,000.00 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 2,057,314.56 15.691 5.769 5.424 13.920 14.686 16.279 13.987 15.909 5.850 5.499 14.113 14.890 16.505 14.181 8.588 8.707 09/14/2005 08/03/2003 10/29/2003 01/31/2004 10/24/2003 02/03/2005 02/26/2004 867 94 181 275 176 644 301 471 Federal Agency Securities 3133MWDE8 3133MX5H8 3133MXN21 3133MXW21 10819 10820 10831 10832 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 03/12/2003 03/27/2003 04/16/2003 04/25/2003 Subtotal and Average 100,000.00 100,000.00 100,000.00 100,000.00 400,000.00 100,000.00 100,000.00 100,000.00 100,000.00 400,000.00 100,156.00 100,094.00 100,344.00 100,219.00 400,813.00 2.750 2.712 2.500 2.465 3.000 2.958 2.500 2.465 2.651 2.750 2.500 3.000 2.500 2.688 06/12/2008 03/27/2008 04/16/2008 04/25/2008 1,869 1,792 1,812 1,821 1,823 Pass Through Securities 3133TGSG5 10637 31376PGY5 10126 Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. 11/30/1998 0.00 0.00 0.00 6.000 5.917 6.000 01/15/2013 3,547 12/01/1998 20,358.28 19,533.83 21,102.40 8.500 6.534 6.625 07/01/2003 61 Subtotal and Average 20,358.28 19,533.83 21,102.40 6.535 6.626 61 Total Investments and Average Run Date: 05/19/2003 - 11:05 3,392,574.38 3,608,533.83 3,628,144.89 6.341 6.429 726 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f City of National City Investments Purchased From Gilford Securities Inc April 30, 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 3133MUQR9C 10807 Federal Home Loan Bank 01/15/2003 100,000.00 100,000.00 100,344.00 3.000 2.958 3.000 01/15/2008 1,720 3133MVDH3C 10815 Federal Home Loan Bank 02/05/2003 100,000.00 100,000.00 100,000.00 3.050 3.008 3.050 02/05/2008 1,741 3133MVGE7C 10816 Federal Home Loan Bank 02/12/2003 100,000.00 100,000.00 100,063.00 3.000 2.958 3.000 02/12/2008 1,748 3133MVF32C 10817 Federal Home Loan Bank 02/13/2003 99,937.50 99,937.50 100,000.46 3.000 2.958 3.000 02/13/2008 1,749 3133MWFH9C 10821 Federal Home Loan Bank 03/13/2003 100,000.00 100,000.00 100,156.00 2.750 2.712 2.750 03/13/2008 1,778 3133MWKL4C 10822 Federal Home Loan Bank 03/19/2003 99,750.00 100,000.00 100,188.00 2.750 2.765 2.803 03/19/2008 1,784 3133MWRJ2C 10823 Federal Home Loan Bank 03/27/2003 99,812.50 100,000.00 100,125.00 2.500 2.505 2.540 03/27/2008 1,792 3133MX5H3C 10824 Federal Home Loan Bank 03/27/2003 99,875.00 100,000.00 100,094.00 2.500 2.492 2.526 03/27/2008 1,792 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 99,250.00 100,000.00 99,750.00 2.250 2.377 2.410 04/10/2008 1,806 3133MXS67C 10834 Federal Home Loan Bank 04/16/2003 100,000.00 100,000.00 100,344.00 3.000 2.958 3.000 04/16/2008 1,812 3133MXN21C 10835 Federal Home Loan Bank 04/16/2003 100,000.00 100,000.00 100,344.00 3.000 2.958 3.000 04/16/2008 1,812 Subtotal and Average 1,098,625.00 1,099,937.50 1,101,408.46 2.787 2.826 1,775 Total Investments and Average 1,098,625.00 1,099,937.50 1,101,408.46 2.787 2.826 1,775 Portfolio CNC CC ItDD (PRF_OD) SymRepl V5.02/ rDRun Date: 05l19/2003 - 11:05 CUSIP Investment # Issuer City of Nai,,,nal City Investments Purchased From Multi -Bank Securities Inc April 30, 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 HNC 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 140 05/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 05/22/2003 21 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 06/22/2004 418 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 05/12/2003 11 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.099 5.170 07/20/2004 446 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.030 5.100 12/29/2003 242 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 3.057 3.100 08/29/2003 120 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.424 5.500 07/12/2004 438 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.722 2.760 10/06/2003 158 06/01/2001 99,000.00 99,000.00 100,989.90 5.100 5.030 5.100 12/01/2003 214 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.326 5.400 07/12/2004 438 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.353 3.400 08/27/2004 484 06/24/2002 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 06/24/2003 54 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.404 5.480 07/09/2004 435 05/08/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 05/08/2003 7 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.290 4.350 03/08/2004 312 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/25/2004 269 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 5.424 05/30/2003 29 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.106 3.150 11/26/2003 209 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 06/13/2003 43 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 242 Subtotal and Average 2,081,000.00 2,081,000.00 2,082,989.90 4.234 4.293 225 Negotiable/Transferable CDs 356611FU2060 10168 397398S36060 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 Bank 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 98,658.70 97,000.00 100,000.00 - 97,000.00 99,000.00 97,000.00 97,000.00 100,218.46 5.600 5.523 5.600 04/07/2004 342 103,170.00 5.600- 5.523 5.600 03/17/2004 321 100,128.25 5.500 5.424 5.500 04/07/2004 342 99,306.90 5.750 5.671 5.750 11/04/2003 187 99,811.06 5.400 5.326 , , 5.400 03/03/2004 307 97,766.30 5.850 5.330 5.404 07/01/2003 61 588,658.70 587,000.00 600,400.97 5.467 5.543 259 Pass Through Securities 31364TKP5060 10103 ro w oa fD Run Date: 05/19l2003 - 11:05 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250 7.206 7.307 11/01/2004 550 Portfolio CNC CC DD.(PRF_DD) SymRept V5.02f City of National City Investments Purchased From Multi -Bank Securities Inc April 30, 2003 Purchase 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 Total Investments and Average 2,669,658.70 2,668,000.00 2,683,390.87 4.506 4.569 - 232 Page 5 Run Date: 05/19/2003 - 11:05 Current YTM YTM Maturity Days To Portfolio CNC CC DD (PRP_DO) SymRept V5.021 City of National City Investments Purchased From Mischler Financial Group Inc April 30, 2003 Page 6 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MSSA9 10798 Federal Home Loan Bank 11/07/2002 Subtotal and Average 100,000.00 100,000.00 100,063.00 3.000 2.958 3.000 11/07/2007 1,651 100,000.00 100,000.00 100,063.00 2.959 3.000 1,651 Total Investments and Average 100,000.00 100,000.00 100,063.00 2.959 3.000 1,651 OQ Portfolio CNC CC Run Date: 05/19/2003 -1 1:05 DD (PRF_DD) SymRept V5.021 City of National City Investments Purchased From PaineWebber Inc April 30, 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 3133MVVU4 10814 3133MWRJ2 10827 Federal Home Loan Bank Federal Home Loan Bank 02/28/2003 03/27/2003 Subtotal and Average 100,000.00 100,000.00 100,125.00 3.000 2.958 3.000 02/28/2008 1,764 100,000.00 100,000.00 100,125.00 2.500 2.465 2.500 03/27/2008 1,792 200,000.00 200,000.00 200,250.00 2.712 2.750 1,778 wRun Date: 05119/2003 - 11:05 00 Total Investments and Average 200,000.00 200,000.00 200,250.00 2.712 2.750 1,778 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f CO City of Natt.,,tal City Investments Purchased From U.S. Sterling Capital Corp. April 30, 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 452 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 04/25/2004 360 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 333 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.254 3.300 10/12/2004 530 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 249 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 358 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 55 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 435 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 435 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 05/13/2004 378 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 365 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 21 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 43 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 246 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 53 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 242 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.919 2.960 11/26/2004 575 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 354 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 550 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 659 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 435 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 81 10589 First Natl. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 05/30/2003 29 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 364 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 455 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 03/24/2005 693 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 07/13/2004 439 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 427 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 1, 4.000 06/24/2004 420 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 449 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/20/2004 264 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 108,900.00 4.200 4.142 4.200 04/24/2004 359 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 13 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 11/21/2003 204 ro CAI ft, Run Dale: 05/19/2003 - 11:05 Portfolio CNC CC DD (PRF_DD) SymRepl V5.02f CUStP Investment # Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. April 30, 2003 Purchase Date Book Value Par Value Page 9 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10565 10810 10813 10671 10736 10715 10593 10837 10714 10828 10776 10694 10525 10774 10570 10751 10775 10811 10717 10808 10752 10601 10602 10578 10809 10836 Lakeland Community Bank Lone Star National Bank Lowcountry National Bank Manufacturers & Traders Trust Mercantile T&SB Mesa Bank Mutual Bank Northeast Bank FSB 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 Worlds Foremost Bank Webster Five Cents Savings Bk. West Pointe Bank 06/13/2001 02/11/2003 02/27/2003 03/25/2002 06/04/2002 05/09/2002 07/03/2001 04/24/2003 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 04/10/2003 Subtotal and Average Total Investments and Average ro fD NRun Dale: 05/19/2003- 11:05 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 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 5.250 5.178 5.250 12/12/2003 225 99,000.00 2.800 2.761 2.800 02/11/2005 652 99,000.00 2.750 2.712 2.750 02/28/2005 669 99,000.00 4.110 4.053 4.110 03/25/2004 329 99,000.00 4.250 4.191 4.250 09/07/2004 495 99,000.00 4.100 4.043 4.100 05/10/2004 375 99,000.00 5.050 4.980 5.050 07/03/2003 63 99,000.00 2.350 2.317 2.350 04/25/2005 725 99,000.00 4.100 4.043 4.100 05/08/2004 373 99,000.00 2.350 2.317 2.350 01/20/2005 630 99,000.00 3.250 3.205 3.250 09/24/2004 512 99,000.00 4.150 4.093 4.150 04/22/2004 357 99,000.00 5.300 5.227 5.300 11/25/2003 208 99,000.00 3.450 3.402 3.450 09/13/2004 501 99,000.00 5.350 5.276 5.350 12/22/2003 235 99,000.00 3.980 3.925 3.980 07/15/2004 441 99,000.00 3.390 3.343 3.390 10/19/2004 537 99,000.00 2.800 2.761 2.800 02/13/2005 654 99,000.00 4.250 4.191 4.250 07/16/2004 442 99,000.00 3.050 3.008 3.050 01/28/2005 638 99,000.00 3.940 3.886 3.940 07/18/2004 444 99,000.00 5.200 5.128 5.200 07/16/2004 442 99,000.00 5.150 5.079 5.150 01/20/2004 264 100,000.00 5.300 5.227 5.300 06/29/2004 425 99,000.00 2.920 2.880 2.920 01/30/2005 640 99,000.00 2.350-- 2.350 2.382 04/11/2005 711 5,944,000.00 5,944,000.00 5,953,900.00 5,953,900.00 4.064 4.121 4.064 4.121 388 388 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f --jkiHHILL Sym Pro City of National City Portfolio Management Portfolio Summary April 30, 2003 City of National City Par Market Book % of Days to YTM/C YTMIC Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit • Monthly 9,065,000.00 9,090,804.83 9,065,000.00 67.62 813 398 4.075 4.132 Certificates of Deposit - Maturity 95,000.00 95,000.00 95,000.00 0.71 1,827 385 6.000 6.083 Negotiable/Transferable CDs 2,641,000.00 2,657,715.53 2,425,874.80 18.10 1,706 420 7.831 7.940 Federal Agency Securities 1,799,937.50 1,802,534.46 1,798,825.00 13.42 1,832 1,780 2.758 2.796 Pass Through Securities 19,533.83 21.102.40 20,358.28 0.15 1,673 81 6.535 6.626 Investments 13,620,471.33 13,667,157.22 13,404,858.08 100.00% 1,120 587 4.595 4.659 Total Earnings April 30 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 48,119.86 13,426,402.22 4.36% Marylou Matienzo, Director of Finance 578,788.53 13,869,133.26 5.01% ro fQ ao ft3 Portfolio CNC CC Run Date: 05/21/2003 - 17:14 PM (PRF_PM1) SymRepf V5.02F City of National City Portfolio Management Portfolio Details - Investments April 30, 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 5.200 452 07/26/2004 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 360 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 333 03/29/2004 10825 Approved Federal Savings Bank 03/18/2003 99,000.00 99,000.00 99,000.00 1.750 1.750 140 09/18/2003 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,670.23 99,000.00 2.750 2.750 466 08/09/2004 10719 Bank of Utica 05/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 21 05/22/2003 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.300 530 10/12/2004 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 418 06/22/2004 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 553 11/04/2004 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 11 05/12/2003 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 446 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 249 01/05/2004 063285AD2 10755 Bank of Little Chute 08/07/2002 99,000.00 99,728.64 99,000.00 2.800 2.800 463 08/06/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 358 04/23/2004 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 55 06/25/2003 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 435 07/09/2004 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 435 07/09/2004 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 378 05/13/2004 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 365 04/30/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 4.100 403 06/07/2004 177707ACO 10702 City Bank 05/15/2002 95,000.00 100,104.35 95,000.00 4.900 4.900 1,475 05/15/2007 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 21 05/22/2003 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 43 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 246 01/02/2004 254678898 10720 Discover Bank 06/12/2002 95,000.00 96,528.55 95,000.00 3.650 3.850 410 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 53 06/23/2003 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 - - - 99,000.00 99,000.00 5.100 5.171 242 12/29/2003 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.960 575 11/26/2004 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 354 04/19/2004 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 1.250 550 11/01/2004 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.850 659 02/18/2005 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 435 07/09/2004 340558CE3 10829 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 1,244 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 81 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 29 05/30/2003 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 364 04/29/2004 Run Date: 05/21/2003 - 17:14 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - investments April 30, 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 ro ft Certificates of Deposit - Monthly 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 455 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 99,958.05 95,000.00 4.850 4.850 1,475 05/15/2007 10829 , First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 693 03/24/2005 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 439 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 427 07/01/2004 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 420 06/24/2004 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 242 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 - 99,000.00 99,000.00 99,000.00 5.150 5.150 449 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 264 01/20/2004 10697 Illini Bank 04/24/2002 99,000.00 108,900,00 99,000.00 4.200 4.200 359 04/24/2004 10764 Insouth Bank 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 3.100 120 08/29/2003 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 13 05/14/2003 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 204 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 438 07/12/2004 10565 Lakeland Community Bank 08/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 225 12/12/2003 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 652 02/11/2005 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 2.750 669 02/28/2005 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 329 03/25/2004 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 495 09/07/2004 10791 Midsouth Bank 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.760 158 10/06/2003 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 375 05/10/2004 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 63 07/03/2003 63336QAB1 10756 National Bank of Commerce 08/08/2002 95,000.00 95,700.15 95,000.00 2.800 2.800 466 08/09/2004 10837 Northeast Bank FSB 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 725 04/25/2005 10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 373 05/08/2004 654062AMO 10564 Nicotet National Bank 06/01/2001 99,000.00 100,989.90 99,000.00 5.100 5.100 214 12/01/2003 10828 Omni National Bank 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 630 01/20/2005 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 438 07/12/2004 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 484 08/27/2004 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 4200 438 07/12/2004 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 512 09/24/2004 10738 Premier Bank 06/24/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 54 06/24/2003 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 357 04/22/2004 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.480 435 07/09/2004 10525 Peoples State Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 208 11/25/2003 10774 Peoples State Bank 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.450 501 09/13/2004 wiun Date: 05/21/2003 - 17:14 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments April 30, 2003 Page 4 Average PurchasS 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 74,224.96 74,000.00 3.000 3.000 1,560 08/08/2007 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 235 12/22/2003 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 441 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 7 05/08/2003 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 312 03/08/2004 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.390 537 10/19/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 269 01/25/2004 10811 Stockmans Bank 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 654 02/13/2005 10590 . First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 29 05/30/2003 10762 Total Bank 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.150 209 11/26/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 442 07/16/2004 10808 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 638 01/28/2005 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.940 444 07/18/2004 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 442 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 264 01/20/2004 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 425 06/29/2004 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.920 640 01/30/2005 10836 West Pointe Bank 04/10/2003 99,000.00 99,000.00 99,000.00 2.350 2.383 711 04/11/2005 10568 Williamstown Savings Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 43 06/13/2003 10574 York State Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 242 12/29/2003 Subtotal and Average 8,989,100.00 9,065,000.00 9,090,804.83 9,065,000.00 4.132 398 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average 95,000.00 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 385 05/20/2004 95,000.00 95,000.00 95,000.00 6.083 385 Negotiable/Transferable CDs _ 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,000.00 98,651.31 97,152.66 3.600 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 100,311.75 99,000.00 3.500 258115AV6 10041 Doral FSB 12/10/1998 99,000.00 99,000.00 98,384.22 5.350 90715-17243-619 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 15.799 652 02/11/2005 5.300 271 01/27/2004 14.798 623 01/13/2005 3.599 407 06/11/2004 5.350 272 01/28/2004 3.500 368 05/03/2004 5.493 223 12/10/2003 13.769 154 10/02/2003 5.700 314 03/10/2004 Portfolio CNC OQ PM (PRF_PM2) SymRepl V5.02f Run Date: 05/21/2003 - 17:14 CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments April 30, 2003 Purchase, Date Par Value Market Value Page 5 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 356611FU2060 10168 397398536060 10162 10262 441800AY8060 10167 46146MBU2 10818 458657EV1 10688 531554AG8 10166 509685AC7 10165 10329 60531-17951-1 10038 685621 CW2060 10034 82668FCS4 10137 798219AB7060 10146 856284GL2060 10135 8649999X9 10347 10281 90331 V9X2 10353 6514-18644-1 10332 Fremont Investment & Loan Greenwood Trust Company DE Great South Texas Bank Household Bank Investors Bank Intercredit Bank Libertyville Bank & Trust Lake Forest Bank & Trust Bank of Mount Vernon Nations Bank (Barnett Bank) Orchard Federal Savings Bank Signet Bank San Jose National Bank State Bank of India Success National Bank Upstate National Bank U S Bank NA Wilmington Trust Co Subtotal and Average 2,425,874.80 04/07/1999 03/17/1999 09/15/1999 04/07/1999 09/03/2002 04/30/2002 04/06/1999 04/06/1999 02/26/1999 12/01/1998 11/04/1998 03/01/1999 03/03/1999 02/12/1999 01/31/2000 10/05/1999 02/04/2000 03/08/1999 97,000.00 100,000.00 100,000.00 97,000.00 95,000.00 95,000.00 95,000.00 95,000.00 100,000.00 99,000.00 99,000.00 95,000.00 97,000.00 97,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,218.46 103,170.00 100,000.00 100,128.25 95,351.50 95,000.00 95,000.00 95,000.00 100,000.00 99,000.00 99,306.90 95,000.00 99,811.06 97,766.30 100,000.00 100,000.00 100,000.00 100,000.00 2,641,000.00 2,657,715.53 97,000.00 100,000.00 75,811.23 97,000.00 95,000.00 95,000.00 95,000.00 95,000.00 69,971.36 99,000.00 99,000.00 97,886.10 97,000.00 98,658.70 79,937.85 78,963.99 74,008.71 76,570.64 2,425,874.80 5.600 5.600 342 04/07/2004 5.600 5.600 321 03/17/2004 6.550 15.190 454 07/28/2004 5.500 5.500 342 04/07/2004 3.000 3.000 1,586 09/03/2007 4.900 4.900 1,460 04/30/2007 5.550 5.550 330 03/26/2004 5.550 5.550 330 03/26/2004 6.550 15.910 887 09/14/2005 5.850 5.850 94 08/03/2003 5.750 5.750 187 11/04/2003 6.250 5.500 181 10/29/2003 5.400 5.400 307 03/03/2004 5.850 5.405 61 07/01/2003 6.270 14.114 275 01/31/2004 6.570 14.890 176 10/24/2003 7.020 16.505 644 02/03/2005 6.150 14.182 301 02/26/2004 7.940 420 Federal Agency Securities 3133MSSA9 3133MUQR9C 3133MVVU4 3133MVDH3C 3133MVGE7C 3133MVF32C 3133MWDE8 3133MX5H8 3133MWFH9C 3133MWKL4C 3133MWRJ2C 3133MX5H8C 3133MWRJ2 3133MXN21 3133MXW21 ro 03 fo ro Run Date: 05/21/2003- 17:14 )J1 Ui 10790 10807 10814 10815 10816 10817 10819 10820 10821 10822 10823 10824 10827 10831 10832 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan. Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 11/07/2002 01/15/2003 02/28/2003 02/05/2003 02/12/2003 02/13/2003 03/12/2003 03/27/2003 03/13/2003 03/19/2003 03/27/2003 03/27/2003 03/27/2003 04/16/2003 04/25/2003 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 99,937.50 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,063.00 100,344.00 100,125.00 100,000.00 100,063.00 . _ 100,000.46 100,156.00 100,094.00 100,156.00 100,188.00 100,125.00 100,094.00 100,125.00 100,344.00 100,219.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 99,937.50 100,000.00 100,000.00 100,000.00 99,750.00 99,812.50 99,875.00 100,000.00 100,000.00 100,000.00 3.000 3.000 3.000 3,050 3.000 , 3.000 2.750 2.500 2,750 2.750 2.500 2.500 2.500 3.000 2.500 3.000 3.000 3.000 3.050 3.000 3.000 2.750 2.500 -t750 2.804 2.540 2.527 2.500 3.000 2.500 1,651 11/07/2007 1,720 01/15/2008 1,764 02/28/2008 1,741 02/05/2008 1,748 02/12/2008 1,749 02/13/2008 1,869 1)6/12/2008 1,792 1,776 1,784 1,792 1,792 1,792 1,812 1,821 03/27/2008 03/13/2008 03/19/2008 03/27/2008 03/27/2008 03/27/2008 04/16/2008 04/25/2008 Portfolio CNC Cc PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer City of National City Portfolio Management Portfolio Details - Investments April 30, 2003 Average Purchase, Balance Date Par Value Page 6 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 100,000.00 99,750.00 99,250.00 2.250 2.410 1,806 04/10/2008 3133MXS67C 10834 Federal Home Loan Bank 04/16/2003 100,000.00 100,344.00 100,000.00 3.000 3.000 1,812 04/16/2008 3133MXN21C 10835 Federal Home Loan Bank 04/16/2003 100,000.00 100,344.00 • 100,000.00 3.000 3.000 1,812 04/16/2008 1,798,625.00 2.796 1,780 Subtotal and Average 1,895,420.83 1,799,937.50 1,802,534.46 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998 0.00 0.00 0.00 6.000 6.000 0 01/15/2013 31364TKP5060 10103 Federal Natl. Mortgage Assoc. - 02/18/1998 0.00 0.00 0.00 8.250 7.307 0 11/01/2004 31376PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 19,533.83 21,102.40 20,358.28 8.500 6.626 61 07/01/2003 Subtotal and Average 21,006.59 19,533.83 21,102.40 20,358.28 6.626 61 Total Investments and Average 13,426,402.22 13,620,471.33 13,667,157.22 13,404,858.08 4.659 587 ro Run Date: 05/21/2003 - 17:14 r Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f - , - SymPro City of National City Activity Report Sorted By Brokers April 1, 2003 - April 30, 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 SOO 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 3133MXN21 3133MXW21 10831 Federal Home Loan Bank 10832 Federal Home Loan Bank Subtotal and Balance 3.000 04/16/2003 2.500 04/25/2003 100,000.00 0.00 100,000.00 0.00 200,000.00 200,000.00 0.00 400,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 26.493% 8.500 04/28/2003 0.00 691.17 20,225.00 0.00. 691.17 19,533.83 3,409,225.00 200,000.00 691.17 3,608,533.83 Brokers: Gifford Securities Inc Federal Agency Securities 3133MSEA4C 10784 Federal Home Loan Bank 3.000 04/24/2003 , 0.00 100,000.00 3133MSJR2C 10785 Federal Home Loan Bank 3.000 04/30/2003 0.00 100,000.00 3133MXEGOC 10833 Federal Home Loan Bank 2.250 04/10/2003 100,000.00 0.00 3133MXS67C 10834 - Federal Home Loan Bank 3.000 04/16/2003 100,000.00 0.00 3133MXN21C 10835 Federal Home Loan Bank 3.000 04/16/2003 100,000.00 0.00 Subtotal and Balance Brokers Subtotal ro 133 00 fo Run Dale: 05/21/2003 - 17:15 V 999,937.50 300,000.00 8.076% 999,937.50 300,000.00 200,000.00 1,099,937.50 200,000.00 1,099,937.50 Portfolio CNC CC DA (PRF_DA) SymRept V5.02t City of National City Activity Report April 1, 2003 - April 30, 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: Multi -Bank Securities Inc Certificates of Deposit - Monthly Subtotal and Balance 2,081,000.00 2,081,000.00 Negotiable/Transferable CDs Subtotal and Balance 587,000.00 587,000.00 Pass Through Securities Subtotal and Balance 0.00 Brokers Subtotal 19.588% 2,668,000.00 0.00 0.00 0.00 2,668,000.00 Brokers: Mischief- Financial Group Inc Federal Agency Securities 3133MMJ79 10686 Federal Home Loan Bank 4.500 04/04/2003 - 0.00 100,000.00 3133M5H86 10788 Federal Home Loan Bank 3.000 04/24/2003 0.00 100,000.00 3133MSUR9 10789 Federal Home Loan Bank 3.000 04/30/2003 0.00 100,000.00 Subtotal and Balance Brokers Subtotal 400,000.00 0.00 0.734% 400,000.00 300,000.00 100,000.00 0.00 300,000.00 100,000.00 Brokers: PaineWebber Inc Federal Agency Securities Subtotal and Balance Brokers Subtotal 200,000.00 200,000.00 1.468% 200,000.00 0.00 0.00 200,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10563 Albemarle First Bank 5.150 04/01/2003 0.00 99,000.00 10661 West Pointe Bank 3.400 04/10/2003 0.00 99,000.00 10838 West Pointe Bank 2.350 04/10/2003 99,000.00 0.00 10837 Northeast Bank FSB 2.350 04/24/2003 99,000.00 0.00 Subtotal and Balance � Run Dale: 05/21/2003 - 17:15 5,944,000.00 198,000.00 198,000.00 5,944,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5 02( I — CO Percent CUSIP Investment # Issuer of Portfolio City of Natlr.,,e1 City Activity Report April 1, 2003 - April 30, 2003 Par Value Par Value Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers Subtotal 43.640% 5,944,000.00„ 198,000.00 198,000.00 5,944,000.00 Total 100.000% - 13,621,162.50 Run Date: 05/21/2003 - 17:15 698,000.00 698,691.17 13,620,471.33 Portfolio CNC CC DA (PRF_DA) SyrnRept V5.02t CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS APRIL 30, 2003 FUND FUND TITLE ENDING BALANCE 001 GENERAL FUND 4,067,840.74 103 GENERAL CAPITAL OUTLAY FUND 767,359.68 108 LIBRARY CAPITAL OUTLAY 245,781.02 109 GAS TAXES FUND 1,735,019.84 110 EMERGENCY PREPAREDNESS FUND 39,062.50 113 CULTURAL ARTS FUND 95,000.00 115 PARK & REC CAPITAL OUTLAY FUND 104,908.36 120 PLAN CHECKING REVOLVING FUND 128,394.84 123 GRANT -FAMILIES FOR LITERACY 4,379.34 125 SEWER SERVICE FUND 8,517,903.51 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 238,256.06 131 ASSET FORFEITURE FUND 478,757.98 136 TINY TOT CLASSES FUND '11,389.15 145 JUVENILE EDUCATION FUND 3,001.51 154 STATE PUBLIC LIBRARY FUND 124,995.48 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND 25,819.40 159 GENERAL PLAN UPDATE RESERVE 269,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 40,896.07 172 TRASH RATE STABILIZATION FUND 449,127.79 173 NATIONAL SCHOOL DIST CONTRACT 24,692.41 174 SWEETWATER SCHOOL DIST CONTRAC 48,789.78 175 PETROLEUM VIOLATORS ESCROW 5,510.00 176 POLICE REIMBURSED OVERTIME 21,986.28 177 RESTITUITION REIMBURSEMENTS 500.00 178 POLICE HAT BADGES 72.56 179 NPT BUS DONATIONS FUND 614.65 189 CIVIC CENTER REFURBISHING 3,153,127.43 190 30TH STREET CLEANUP FUND - 1303 254,197.35 192 LEASE ESCROW FUND 52,947.04 195 LANDSCAPE RESERVE 899,715.61 196 CAPITAL PROJECT RESERVE 650,618.19 197 PRODUCTIVITY IMPROVEMENT RESER 50,000.00 198 PROPERTY EVIDENCE SEIZURE 14,737.20 200 30TH STREET CLEANUP FUND 1304 613,439.87 203 PARK SECURITY/GTE LEASE 28,000.00 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 41,769.87 211 SECURITY AND ALARM REGULATION FUND 104,744.70 212 PERSONNEL COMPENSATION FUND 571,705.57 214 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 16,658.13 Page 20 223 FACE TO FACE INFORMATION GRANT FY 00-01 8.19 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 38,847.35 227 CLLS MATCHING FUNDS 20,068.89 228 GROWING WITH MOTHER GOOSE GRANT 25.86 229 CLEEP GRANT 38,44'1.22 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 234 EMPLOYEE COMPUTER PURCHASE FUND 15,488.43 236 FIRST PEOPLES GRANT , 62,031.35 237 LEARN @ NCPL 56,787.29 238 VIDEOCONF.COMM. OF PRACTICE GRANT 31,316.79 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 24,231.04 240 LITERACY INTIATIVES XI 86,096.83 242 N. CITY LIBRARY MATCHING FUND 343,881.84 270 NUISANCE ABATEMENT FUND 1,587.68 272 LITERACY INITIATIVES X 2.61 303 CAPITAL FACILITIES FUND 626,243.40 304 PARK DEVELOPMENT FUND 146,097.11 307 PROPOSITION A" FUND 3,389,962.17 308 GRANT -HIGHWAY BRIDGE REHAB 539,571.81 312 STP LOCAL/TRANSNET HIGHWAY 331,760.91 314 OTS GRANT ! 3,024.50 343 STATE -LOCAL PARTNERSHIP 104,520.49 345 TRAFFIC CONGESTION RELIEF 567,550.75 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 626 FACILITIES MAINT FUND 800,023.93 627 LIABILITY INS. FUND 4,676,027.09 629 INFORMATION SYSTEMS MAINTENANC 238,087.34 630 OFFICE EQUIPMENT DEPRECIATION 2,009,192.73 631 TELECOMMUNICATIONS REVOLVING 381,619.66 632 GENERAL ACCOUNTING SERVICES 78,673.82 633 UNEMPLOYMENT INSURANCE RESERVE 149,159.00 643 MOTOR VEHICLE SVC FUND 104,956.14 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 45,922.40 725 PLANNING 1,745.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 84,790.64 727 BUILDING AND SAFETY T & A DEPOSITS 5,000.00 UNPOSTED AND/OR UNRECONCILED ITEMS 905,725.26 TOTAL ALL FUNDS 39,941,091.96 2.27% Page 21 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING APRIL FUND # FUND TITLE REVENUE YTD REVENU 001 GENERAL FUND 3,045,640.45 21,052,771.08 103 GENERAL CAPITAL OUTLAY FUND 0.00 25,848.00 104 LIBRARY FUND 115,848.69 395,723.50 105 PARKS MAINTENANCE FUND 134,993.18 461,118.22 108 LIBRARY CAPITAL OUTLAY 13,330.45 69,056.64 109 GAS TAXES FUND 163,642.30 930,328.77 111 P.O.S.T. FUND 0.00 47,071.97 115 PARK & REC CAPITAL OUTLAY FUND 26,475.00 78,561.97 120 PLAN CHECKING REVOLVING FUND 11,433.36 82,450.43 123 GRANT -FAMILIES FOR LITERACY 0.00 22,790.00 125 SEWER SERVICE FUND 452,348.68 4,143,810.27 130 EMT-D REVOLVING FUND 0.00 22,685.00 131 ASSET FORFEITURE FUND 840.90 150,681.25 135 SD COUNTY REG AUTO THEFT TASK 0.00 42,331.66 136 TINY TOT CLASSES FUND 40.00 4,220.00 145 JUVENILE EDUCATION FUND 0.00 3,000.00 147 GRANT -JUDGE PROGRAM 20,336.00 57,709.00 154 STATE PUBLIC LIBRARY FUND 0.00 531283.19 158 SWIMMING POOL REVOLVING FUND 680.00 25;963.40 171 LIBRARY SCHOOL DISTRICT CNTRCT 9,511.00 52,926.60 172 TRASH RATE STABILIZATION FUND 1,964.71 34,827.10 173 NATIONAL SCHOOL DIST CONTRACT 0.00 26,379.00 174 SWEETWATER SCHOOL DIST CONTRAC 132,055.00 132,055.00 176 POLICE REIMBURSED OVERTIME 200.00 30,901.07 188 GRANT - HIDTA 0.00 . 21,728.48 190 30TH STREET CLEANUP FUND - 1303 391.29 4,752.15 191 STOP PROJECT 6,185.00 65,537.00 192 LEASE ESCROW FUND 0.00 2,272.57 198 PROPERTY EVIDENCE SEIZURE 0.00 12,400.00 200 30TH'STREET CLEANUP FUND - 1304 954.55 11,616.80 201 NCJPFA DEBT SERVICE FUND 0.00 367,172.19 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 0.00 152,400.50 211 SECURITY AND ALARM REGULATION FUND 2,692.50 • 38,638.22 212 PERSONNEL COMPENSATION FUND 20,769.00 207,690.00 216 FULFILL 0.00 56,693.31 218 HIHG INTENSITY PREVENTION ZONE 0.00 95,336.88 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 0.00 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 0.00 71,895.00 227 CLLS MATCHING FUNDS 0.00 23,797.00 229 CLEEP GRANT 0.00 92,969.35 231 HOUSING PILOT PROGRAM 0.00 39,705.69 232 TRAN DEBT SERVICE FUND 0.00 263.08 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 0.00 24,906.81 235 COPS IN SCHOOLS 0.00 (4,443.31) 236 FIRST PEOPLES GRANT 0.00 152,900.00 237 LEARN @ NCPL 0.00 103,643.00 238 VIDEOCONF.COMM. OF PRACTICE GRANT 0.00 58,004.00 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 0.00 106,123.00 240 LITERACY INTIATIVES XI 27,500.00 317,650.00 242 N. CITY LIBRARY MATCHING FUND 60,000.00 60,000.00 270 NUISANCE ABATEMENT FUND 0.00 250.00 272 LITERACY INITIATIVES X 0.00 128,970.00 302 CDC PAYMENTS 39,211.17 388,715.66 307 PROPOSITION A" FUND 60,676.00 1,242,084.08 Page 22 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 484,393.27 312 STP LOCAL/TRANSNET HIGHWAY 0.00 86,848.99 313 GRANT-CMAQ 0.00 145,587.10 314 OTS GRANT 0.00 3,024.50 316 CALIFORNIA ENERGY COMM GRANT 0.00 5,000.001, 343 STATE -LOCAL PARTNERSHIP 0.00 1,177.98 345 TRAFFIC CONGESTION RELIEF 45,613.08 110,494.08 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 96,679.02 96,679.02 552 TDA 115,051.00 1,604,909.78 626 FACILITIES MAINT FUND 140,974.00 1,409,740.00 627 LIABILITY INS. FUND 150,011.89 1,677,043.03 628 GENERAL SERVICES FUND 23,331.00 233,310.00 629 INFORMATION SYSTEMS MAINTENANC 29,751.00 297,510.00 630 OFFICE EQUIPMENT DEPRECIATION 46,626.00 466,734.10 631 TELECOMMUNICATIONS REVOLVING 25,769.00 257,733.20 632 GENERAL ACCOUNTING SERVICES 48,100.00 481,000.00 633 UNEMPLOYMENT INSURANCE RESERVE 3,193.00 31,930.00 643 MOTOR VEHICLE SVC FUND 63,139.00 632,883.50 721 LIBRARY TRUST FUND 0.00 183.02 TOTALS 5,135,957.22 39,833,398.78 Page 23 FUND NO. MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING APRIL FUND TITLE 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 173 NATIONAL SCHOOL DIST CONTRACT 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. APRIL 2,251, 757.22 104, 282.29 66, 236.48 0.00, 11, 231.25 0.00 64.16 14,317.22 0.00 1,699.97 67,212.75 0.00 6,300.95 0.00 0.00 6,376.84 8,036.16 4,027.32 6,849.83 1,686.59 6,313.97 8,499.90 1,027.00 14,784.75 9,397.89 0.00 0.00 0.00 328.17 2,303.11 0.00 14, 845.54 2,947.01 5,112.79 0.00 0.00 7,196.74 27,286.79 2,229.02 0.00 9,391.38 10, 054.40 0.00 0.00 0.00 650.58 5,628.18 17,262.21 0.00 19, 913.90 40,619.96 75,437.07 0.00 (12, 766.28) YTD.APRIL 19,t71,129.24 993,319.45 606,781.48 27,530.14 295,223.90 20,187.50 68, 827.41 15,208.22 9,637.25 26,178.81 4, 391, 054.77 42,627.42 75, 080.96 1,904.29 2,216.42 62,285.49 51, 500.27 31,207.13 74,383.01 1,686.59 81,095.83 56, 294.93 122,735.52 119, 836.78 59, 066.44 5,077.05 8,242.00 16, 948.73 9,055.71 10,397.85 366, 995.53 110, 630.63 30,666.49 234,440A3 46, 999.84 45,068.88 80,495.71 309,345.23 5,164.23 54, 528.13 92,409.36 77,223.31 10, 566.85 8,987.85 15,004.08 65,529.94 46, 855.71 26,687.21 81, 891.96 231, 553.17 79,755.94 148,118.16 256,987.69 367,273.06 Page 24 302 CDC PAYMENTS 46,913.42 405,041.19 304 PARK DEVELOPMENT FUND (898.04) 64,232.10 307 PROPOSITION A" FUND 9,523.94 126,600.26 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 53,217.60 312 STP LOCAL/TRANSNET HIGHWAY 20,263.16 .10,573.64 313 GRANT-CMAQ 4.42 454,054.15 348 STATE GRANT 0.00 33,523.15 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 0.00 88,582.00 552 TDA 138,331.44, 1,831,906.14 626 FACILITIES MAINT FUND 118,774.97 1,268,171.67 627 LIABILITY INS. FUND 74,734.25 1,329,446.87 628 GENERAL SERVICES FUND 34,145.37 191,782.39 629 INFORMATION SYSTEMS MAINTENANC 76,393.41 485,722.62 630 OFFICE EQUIPMENT DEPRECIATION 38,299.05 370,549.25 631 TELECOMMUNICATIONS REVOLVING 17,500.30 176,070.23 632 GENERAL ACCOUNTING SERVICES 50,891.66 499,357.12 633 UNEMPLOYMENT INSURANCE RESERVE 19,308.00 19,308.00 643 MOTOR VEHICLE SVC FUND 97,523.89 949,946.76 TOTAL ALL FUNDS 3,560,252.35 38,207,985.12 Page 25 City of National City Pooled Investment Transactions Report For the Month of Apr 2003 Date Description Institution Ref. No. Amount Beginning Balance 25,151,190.59 04/08/03 Withdrawal LAIF 324015 (600,000.00) 04/14/03 Deposit LAIF 488096 500,000.00 03/28/03 Interest LAIF 121, 753.73 04/17/03 Deposit LAIF 335547 2,000,000.00 04/24/03 Withdrawal LAIF 367494 (600,000.00) Ending Balance 26,572,944.32 Page 26 City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE August 5, 2003 AGENDA ITEM NO. 18 (ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF MAY 31, 2003 PREPARED BTALISON HUNTER X 4332 EXPLANATION DEPARTMENT FINANCE - MARYLOU MATIENZO X 4331 FOR THE CITY COUNCIL'S INFORMATION AND IN COMPLIANCE WITH THE CITY'S INVESTMENT POLICY, THE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF MAY 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 NIA Financial Statement NOT APPLICABLE STAFF RECOMMENDATION Approved By: MARYLOU MATIENZO Fin Director Account No. WE RECOMMEND THAT THE REPORT BE ACCEPTED AND FILED. BOARDICO CONC iSSION RECOMMENDATION /v. ATTAGHMENc Ts# AcC0T S81m1 R ,W ) 2. INVESTMENT BY BROKERS 3. PORTFOLIO MANAGEMENT 4. ACTIVITY REPORT No 5. CONSOLIDATED CASH REPORT Resolution 6. MONTHLY STATEMENT OF RECEIPTS 7. MONTHLY STATEMENT OF DISBURSEMENTS 8. POOLED INVESTMENT TRANSACTIONS REPORT A -too (9,99 CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-May-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 $ 3,593.07 9,742.48 (88,153.84) (291,654.72) (25,199.79) 2,517.17 13,206,106.76 32,482, 944.32 $ 45,299,895.45 YEAR-TO-DATE 660,821.19 $ 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 660,821.19 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 City of National City , � - SymPro CUSIP Investment # Issuer City of National City Investments by Brokers Investments Purchased From Finance 500 Inc May 31, 2003 Purchase Date Book Value Par Value Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 065284AH4 063285AD2 143876AX8 177707ACO 25467BB98 340558CE3 32112FAD6 633360AB1 74407ML60 74926DAN7 10757 10801 10755 10643 10702 10720 10629 10701 10756 10598 10758 Bank of Tennessee Global Credit Union Bank of Little Chute Carolina Firtst Bank City Bank Discover Bank Florida Bank, NA FNB of Rockies National Bank of Commerce Providian National Bank RBC Centura NB 08/09/2002 11/04/2002 08/07/2002 12/07/2001 05/15/2002 06/12/2002 09/26/2001 05/15/2002 08/08/2002 07/11/2001 08/08/2002 Subtotal and Average 99,000.00 99,000.00 99,970.20 2.750 2.712 2.750 08/09/2004 435 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/04/2004 522 99,000.00 99,000.00 100,022.67 2.800 2.761 2.800 08/06/2004 432 95,000.00 95,000.00 95,000.00 4.100 4.043 4.100 06/07/2004 372 95,000.00 95,000.00 101,879.90 4.900 4.832 4.900 05/15/2007 1,444 95,000.00 95,000.00 96,721.40 3.650 3.600 3.650 06/14/2004 379 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 09/26/2006 1,213 95,000.00 95,000.00 101,744.05 4.850 4.783 4.850 05/15/2007 1,444 95,000.00 95,000.00 95,985.15 2.800 2.761 2.800 08/09/2004 435 95,000.00 95,000.00 95,000.00 5.200 5.128 5.200 07/12/2004 407 74,000.00 74,000.00 74,162.06 3.000 2.958 3.000 08/08/2007 1,529 1,040,000.00 1,040,000.00 1,058,485.43 3.818 3.871 765 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 Subtotal and Average 95,000.00 95,000.00 95,000.00 8.000 8.000 6.083 05/20/2004 354 95,000.00 95,000.00 95,000.00 6.000 6.083 354 Negotiable/Transferable CDs 0279999X1 10358 06035ADT7 10072 0649999X5 10346 20348PAFO 10727 203584AD9 10071 206073AKA 10726 258115AV6 10041 90715-17243-619 10031 30241HXE3 10159 10262 46146MBU2 10818 458657EV1 10688 531554AG8 10166 509685AC7 10165 'Iun Date: 06717/2003- 17:07 L.2 American National B & TC Bank & Trust of Puerto Rico Bank One, Colorado Community Bank of Boone Community Bank of Ravenswood Concord Bank Doral FSB Farmers Bank FCC National Bank Great South Texas Bank Investors Bank Intercredit Bank Libertyville Bank & Trust Lake Forest Bank & Trust 02/18/2000 01/27/1999 01/25/2000 06/28/2002 01/28/1999 06/28/2002 12/10/1998 10/02/1998 03/10/1999 09/15/1999 09/03/2002 04/30/2002 04/06/1999 04/06/1999 74,790.18 95,000.00 74,790.18 97,152.66 95,000.00 99,000.00 98,384.22 75,948.98 95,000.00 75,811.23 95,000.00 95,000.00 95,000.00 95,000.00 100,000.00 95,000.00 100,000.00 97,000.00 95,000.00 99,000.00 99,000.00 100,000.00 95,000.00 100,000.00 95,000.00 95,000.00 95,000.00 95,000.00 100,000.00 95,000.00 100,000.00 98,850.16 95,000.00 100,517.67 99,000.00 100,000.00 95,000.00 100,000.00 95,286.90 95,000.00 95,000.00 95,000.00 6.760 5.300 6.760 3.600 5.350 3.500' 5.350 5.650 5.700 8.550 3.000 4.900 5.550 5.550 15.582 15.798 5.227 5.300 15.581 15.797 3.550 3.599 5.276 5.350 3.452 3.499 5.417 5.492 13.580 13.769 5.621 ./r 5.700 14.981 15.189 2.958 3.000 4.832 4.900 5.473 5.549 5.473 5.549 02/11/2005 01/27/2004 01/13/2005 06/11/2004 01/28/2004 05/03/2004 12/10/2003 10/02/2003 03/10/2004 07/28/2004 09/03/2007 04/30/2007 03/26/2004 03/26/2004 621 240 592 376 241 337 192 123 283 423 1,555 1,429 299 299 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of Na....nal City Investments Purchased From Finance 500 Inc May 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 60531-17951-1 82668FCS4 8649999X9 90331V9X2 6514-18644-1 10329 10038 10137 10347 10281 10353 10332 Bank of Mount Vernon Nations Bank (Barnett Bank) Signet Bank Success National Bank Upstate National Bank U S Bank NA Wilmington Trust Co 02/26/1999 12/01/1998 03/01/1999 01/31/2000 10/05/1999 02/04/2000 03/08/1999. Subtotal and Average 69,971.36 99,000.00 97,886.10 79,937.85 78,963.99 74,008.71 76,570.64 1,837,216.10 100,000.00 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 2,054,000.00 2,057,654.73 15.691 5.769 5.424 13.920 14.686 16.279 13.987 15.909 5.850 5.499 14.113 14.890 16.505 14.181 8.588 8.707 09/14/2005 08/03/2003 10/29/2003 01/31/2004 10/24/2003 02/03/2005 02/26/2004 836 63 150 244 145 613 270 440 Federal Agency Securities 3133MWDE8 3133MX5H8 3133MXN21 3133MXW21 3133MYFT9 3133MYB97 10819 10820 10831 10832 10838 10839 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 03/12/2003 03/27/2003 04/16/2003 04/25/2003 05/08/2003 05/08/2003 Subtotal and Average 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 600,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,031.00 100,063.00 100,188.00 100,156.00 100,313.00 100,313.00 600,000.00 601,064.00 2.750 2.500 3.000 2.500 3.000 3.125 2.712 2.465 2.958 2.465 2.958 3.082 2.750 2.500 3.000 2.500 3.000 3.125 2.774 2.813 06/12/2008 03/27/2008 04/16/2008 04/25/2008 05/08/2008 05/08/2008 1,838 1,761 1,781 1,790 1,803 1,803 1,796 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 0.00 6.000 5.917 6.000 01/15/2013 3,516 18,544.46 17,793.47 19,147.38 8.500 6.534 6.625 07/01/2003 30 18,544.46 17,793.47 19,147.38 6.535 6.626 30 Total Investments and Average W Run Date: 06/17/2003 - 17:07 3,590,760.56 3,806,793.47 3,831,351.54 8.156 6.241 757 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f City of National City Investments Purchased From Gilford Securities Inc May 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 3133MUQR9C 10807 Federal Home Loan Bank 01/15/2003 100,000.00 100,000.00 100,188.00 3.000 2.958 3.000 01/15/2008 1,689 3133MWFH9C 10821 Federal Home Loan Bank 03/13/2003 100,000.00 100,000.00 100,310.00 2.750 2.712 2.750 03/13/2008 1,747 3133MWKL4C 10822 Federal Home Loan Bank 03/19/2003 99,750.00 100,000.00 100,063.00 2.750 2.765 2.803 03/19/2008 1,753 3133MWRJ2C 10823 Federal Home Loan Bank 03/27/2003 99,812.50 100,000.00 100,063.00 2.500 2.505 2.540 03/27/2008 1,761 3133MX5H8C 10824 Federal Home Loan Bank 03/27/2003 99,875.00 100,000.00 100,063.00 2.500 2.492 2.526 03/27/2008 1,761 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 99,250.00 100,000.00 100,094.00 2.250 2.377 2.410 04/10/2008 1,775 3133MXS67C 10834 Federal Home Loan Bank 04/16/2003 100,000.00 100,000.00 100,188.00 3.000 2.958 3.000 04/16/2008 1,781 3133MXN21C 10835 Federal Home Loan Bank 04/16/2003 100,000.00 100,000.00 100,188.00 3.000 2.958 3.000 04/16/2008 1,781 3133MYB97C 10840 Federal Home Loan Bank 05/08/2003 100,000.00 100,000.00 100,313.00 3.125 3.082 3.125 05/08/2008 1,803 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 100,000.00 100,000.00 100,344.00 3.000 2.958 3.000 05/14/2008 1,809 3128X1DQ7C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 100,000.00 100,664.00 2.700 2.663 2.700 05/28/2008 1,823 Subtotal and Average 1,098,687.50 1,100,000.00 1,102,478.00 2.767 2.805 1,771 Total Investments and Average 1,098,687.50 1,100,000.00 1,102,478.00 2.767 2.805 1,771 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f Run Date: 06f1712003- 17:07 CUSIP Investment # Issuer City of Na.__nal City Investments Purchased From Multi -Bank Securities Inc May 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 Approved Federal Savings Bank 10577 Bankfirst NA 10604 Bank of Arkansas 10576 Heritage Bank 10764 Insouth Bank 10597 Legacy Bank of Harrisburg 10791 Midsouth Bank 654062AMO 10564 Nicolet National Bank 10599 Park Avenue Bank NA, The 10763 PlantersFlrst Bank 10738 Premier Bank 10596 Providian Bank 10843 Southern New Hampshire B&T Co 10682 State Farm Financial Svcs, FSB 10662 Sterling Bank & Trust, FSB 10762 Total Bank 10568 Williamstown Savings Bank 10574 York State Bank & Trust 03/18/2003 99,000.00 99,000.00 99,000.00 1.750 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 06/01/2001 99,000.00 99,000.00 100,720.62 5.100 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 06/24/2002 99,000.00 99,000.00 99,000.00 3.200 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 . 05/08/2003 99,000.00 99,000.00 99,000.00 2.000 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 01/25/2002. 99,000.00 99,000.00 99,000.00 4.050 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 Subtotal and Average 1,784,000.00 1,784,000.00 1,785,720.62 1.726 5.276 5.099 5.030 3.057 5.424 2.722 5.030 5.326 3.353 3.156 5.404 1.972 4.290 3.994 3.106 5.049 5.100 1.750 09/18/2003 109 5.350 06/22/2004 387 5.170 07/20/2004 415 5.100 12/29/2003 211 3.100 08/29/2003 89 5.500 07/12/2004 407 2.760 10/06/2003 127 5.100 12/01/2003 183 5.400 07/12/2004 407 3.400 08/27/2004 453 3.200 06/24/2003 23 5.480 07/09/2004 404 2.000 05/08/2004 342 4.350 03/08/2004 281 4.050 01/25/2004 238 3.150 11/26/2003 178 5.120 06/13/2003 12 5.170 12/29/2003 211 4.119 4.176 248 Negotiable/Transferable CDs 356611FU2060 10168 397390536060 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 Bank 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 98,658.70 97,000.00 100,000.00 97,000.00 99,000.00 97,000.00 97,000.00 99,990.51 5.600 102,922.00 5.600 99,909.03 5.500 99,273.24 5.750 99,580.20 5.400, 97,000.00 5.850 588,658.70 587,000.00 598,674.98 5.523 5.523 5.424 5.671 5.326 5.330 5.600 04/07/2004 5.600 03/17/2004 5.500 04/07/2004 5.750 11/04/2003 5.400 03/03/2004 5.404 07/01/2003 5.467 5.543 311 290 311 156 276 30 228 Pass Through Securities 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 Subtotal and Average 0.00 0.00 0.00 8.250 7.206 7.307 11/01/2004 519 0.00 0.00 0.00 0.000 0.000 0 Total Investments and Average tnsl Run Date: 06/17/2003 - 17:07 2,372,658.70 2,371,000.00 2,384,395.60 4.453 4.515 243 Portfolio CNC CC DO (PRF_DD) SymRepl V5.02f u, City of National City Investments Purchased From PaineWebber Inc May 31, 2003 Page 5 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MWR.12 10827 3133MYLK1 10844 Federal Home Loan Bank Federal Home Loan Bank ro Reun Dale: 06/17/2003 - 17:07 03/27/2003 100,000.00 100,000.00 100,079.00 2.500 2.465 2.500 03/27/2008 1,761 05/21/2003 100,000.00 100,000,00 100,375.00 3.000 2.958 3.000 05/21/2008 1,816 Subtotal and Average 200,000.00 200,000.00 200,454.00 2.712 2.750 1,786 Total Investments and Average 200,000.00 200,000.00 200,454.00 2.712 2.750 1,788 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f O•1 City of Na ,al City Investments Purchased From U.S. Sterling Capital Corp. May 31, 2003 Page 6 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value • Par Value Market Value Rate 360 365 Date Maturity 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 421 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 04/25/2004 329 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 302 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.254 3.300 10/12/2004 499 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 218 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 327 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 24 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 404 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 404 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 05/13/2004 347 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 334 10847 Community National Bank 05/22/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 11/22/2004 540 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 12 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 215 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 22 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 211 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.919 2.960 11/26/2004 544 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 323 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 519 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 628 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 404 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 50 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 333 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 424 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 03/24/2005 662 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250, 5.178 5.250 07/13/2004 408 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 396 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 389 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 418 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/20/2004 233 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 04/24/2004 328 10846 International Bank of Chicago 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 05/16/2005 715 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 11/21/2003 173 f 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 108,900.00 5.250 5.178 5.250 12/12/2003 194 Run Date: 06/17/2003 - 17:07 Portfolio CNC CC DO (PRF_DD) SymRepl V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. May 31, 2003 Purchase Date Book Value Par Value Page 7 -. Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10810 10813 10671 10736 10715 10593 10837 10714 10828 10845 10776 10694 10525 10774 10570 10751 10775 10811 10717 10808 10752 10601 10602 10578 10809 10836 Lone Star National Bank Lowcountry National Bank Manufacturers & Traders Trust Mercantile T&SB Mesa Bank Mutual Bank Northeast Bank FSB New Frontier Bank Omni National Bank Pioneer Bank PNB Financial Bank Premier Bank of Tallahassee Peoples State Bank of Truman Peoples State Bank Suburban Bank & Trust Security Bank SouthTrust Bank Stockmans 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 02/11/2003 02/27/2003 03/25/2002 06/04/2002 05/09/2002 07/03/2001 04/24/2003 05/08/2002 03/21/2003 05/05/2003 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 04/10/2003 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 5,944,000.00 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 2.800 2.761 2.800 02/11/2005 621 99,000.00 2.750 2.712 2.750 02/28/2005 638 99,000.00 4.110 4.053 4.110 03/25/2004 298 99,000.00 4.250 4.191 4.250 09/07/2004 464 99,000.00 4.100 4.043 4.100 05/10/2004 344 99,374.22 5.050 4.980 5.050 07/03/2003 32 99,000.00 2.350 2.317 2.350 04/25/2005 694 108,900.00 4.100 4.043 4.100 05/08/2004 342 99,000.00 2.350 2.317 2.350 01/20/2005 599 99,000.00 2.300 2.268 2.300 05/05/2005 704 99,000.00 3.250 3.205 3.250 09/24/2004 481 99,000.00 4.150 4.093 4.150 04/22/2004 326 99,000.00 5.300 5.227 5.300 11/25/2003 177 99,000.00 3.450 3.402 3.450 09/13/2004 470 99,000.00 5.350 5.276 5.350 12/22/2003 204 99,000.00 3.980 3.925 3.980 07/15/2004 410 99,000.00 3.390 3.343 3.390 10/19/2004 506 99,000.00 2.800 2.761 2.800 02/13/2005 623 99,000.00 4.250 4.191 4.250 07/16/2004 411 99,000.00 3.050 3.008 3.050 01/28/2005 607 99,000.00 3.940 3.886 3.940 07/18/2004. 413 99,000.00 5.200 5.128 5.200 07/16/2004 411 99,000.00 5.150 5.079 5.150 01/20/2004 233 100,000.00 5.300 5.227 5.300 06/29/2004 394 99,000.00 2.920 2.880 2.920 01/30/2005 609 99,000.00 2.350. 2.317 2.350 04/11/2005 680 5,944,000.00 5,964,174.22 3.922 3.977 390 Total Investments and Average ro Run Dale: 06/17/2003 - 17:07 5,944,000.00 5,944,000.00 5,964,174.22 3.922 3.977 390 Portfolio CNC CC DO (PRF_DD) SymRepl V5.021 00 SymPro Investments Certificates of Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments Total Earnings City of National City Portfolio Management Portfolio Summary May 31, 2003 City .. .ational City Par Market Book Y. of Days to YTMIC YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 8,768,000.00 8,808,380.27 8,768,000.00 66.39 818 406 3.950 4.005 95,000.00 95,000.00 95,000.00 0.72 1,827. 354 6.000 6.083 2,641,000.00 2,656,329.71 2,425,874.80 18.37 1,706 389 7.831 7.940 1,900,000.00 1,903,996.00 1,898,687.50 14.38 1,832 1,781 2.763 2.802 17,793.47 19,147.38 18,544.46 0.14 1,873 30 6.535 6.826 13,421,793.47 13,482,853,36 13,206,106.76 100.00% 1,135 600 4.510 4.573 May 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return Marylou Matien, Director of Finance Run Date: 06/17/2003- 17:07 VD 48,736.99 13,413,804.94 4.28% 627,397.61 13,826,998.40 4.94% Portfolio CNC CC PM (PRF_PM1) SymRept V5.027 City of National City Portfolio Management Portfolio Details - Investments May 31, 2003 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Market Value Page 2 Stated YTM/C Days to Maturity Book Value Rate Moody's 385 Maturity Date Certificates of Deposit - Monthly t0606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 421 07/26/2004 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 329 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 302 03/29/2004 10825 Approved Federal Savings Bank 03/18/2003 99,000.00 99,000.00 99,000.00 1.750 1.750 109 09/18/2003 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,970.20 99,000.00 2.750 2.750 435 08/09/2004 10793 Bay Financial Savings Bank 10/09/2002 99(600.00 99,000.00 99,000.00 3.300 3.300 499 10/12/2004 10577 NA 06/22/2001 99,000.00 99,000.00. 99,000.00 5.350 5.350 387 06/22/2004 Global Credit Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 522 11l04I2004 10604 Bank of Arkansas 07/20/2001 100,000.00 100,00.00 100,000.00 5.170 5.170 415 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 218 01/05/2004 063285AD2 10755 Bank of Little Chute 08/07/2002 99,000.00 100,022.67 99,000.00 2.800 2.800 432 08/06/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 ' 99,000.00 4.150 4.150 327 04/23/2004 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 24 06/25/2003 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 404 07/09/2004 10748 CapitalOne FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 404 07/09/2004 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 347 05113l2004 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.4.0050 372 04/350 334 0/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 177707AC0 10702 City Bank 05/15/2002 95,000.00 101,879.90 95,000.00 4.900 4.900 1,444 05/15/2007 10847 Community National Bank 05/22/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 540 11122/2004 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 12 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 215 01/02/2004 2546713098 10720 Discover Bank 06/12/2002 95,000.00 96,721.40 95,000.00 3.650 3.650 379 06/14/2004 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 b 540 22 06/23/2003 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 2 171 22/29/200312 4 112/23/2003 0 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 ,, 10695 First Alliance Bank 04/19/2002 99,000.00 -- - - 99,000 00 99,000.00 4.050 4.050 323 04/19/2004 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 519 11I01/2004 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.850 850 404 07/09/2004 8/2005 10595 First Western Bank 07/09/2001 - 99,000.00 99,000.00 99,000.00 5.200 A.5 100 1 44 07/09/2004 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 50 09/26/2006 10699 First NationalfElk Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 333 04/29/2004 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 424 07/29/2004 32112FA06 10701 FNB of Rockies 05/15/2002 95,000.00 101,744.05 95,000.00 4.850 4.850 1,444 05/15/2007 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 662 03/24/2005 Portfolio CNC aCc M� PM (PRF_PM2) SynRept V5.02, Run Dale: 06I17/2003 - 17:07 - F-` 0 Certificates of Deposit - Monthly 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 10747 Garden City Slate Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 10578 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 10697 glint Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 10764 Insouth Bank 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 10846 International Bank of Chicago 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 10565 Lakeland Community Bank 06/13/2001 99,000.00 - 108,900.00 99,000.00 5.250 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 10791 Midsouth Bank 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 10593 Mutual Bank 07/03/2001 99,000.00 99,374.22 99,000.00 5.050 63336QAB1 10756 National Bank of Commerce 08/08/2002 95,000.00 95,985.15 95,000.00 2.800 10837 Northeast Bank FSB 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 10714 New Frontier Bank 05/08/2002 99,000.00 108,900.00 99,000.00 4.100 654062AMO 10564 Nicolet National Bank 06/01/2001 99,000,00 100,720.62 99,000.00 5.100 10828 Omni National Bank 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 10845 Pioneer Bank 05/05/2003 '99,000.00 99,000.00 99,000.00 2.300..,, 10763 PlantersFirsl Bank 08/27/2002 99,000.00 .... _ 99,000.00 99,000.00 3.400 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 10738 Premier Bank 06/24/2002 99,000.00 99,000.00 99,000.00 3.200 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000,00 99,000.00 4.150 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 10525 Peoples Slate Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 10774 Peoples State Bank 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 74926DAN7 10758 RBC Centura NB 08/08/2002 74,000.00 74,182.06 74,000.00 3.000 a 10570 Suburban Bank & Trust 06/20/2001 99,000,00 99,000.00 _ 99,000.00 5.350 R City of National City Portfolio Management Portfolio Details - Investments May 31, 2003 Page 3 Average Purchase CUSIP Investment # Issuer Balance Daly Par Value Market Value Book Value Rate Mood Stated YTM/C Daysto Mat y's 365 Maturity Date Date 5.250 4.050 4.000 5.100 5.150 4.050 4.200 3.100 2.550 5.250 5.500 5.250 2.800 2,750 4.110 4.250 2.760 4.100 5.050 2.800 2.350 4.100 5.100 2.350 5.400 2.300 3.400 5.200 3.250 11.200 4.150 5.480 5.300 3.450 3.000 5.350 408 07/13/2004 396 07/01/2004 389 06/24/2004 211 12/29/2003 418 07/23/2004 233 01/20/2004 328 04/24/2004 89 08/29/2003 715 05/16/2005 173 11/21/2003 407 07/12/2004 194 12/12/2003 821 02/11/2005 638 02/28/2005 298 03/25/2004 464 09/07/2004 127 10/06/2003 344 05/10/2004 32 07/03/2003 435 08/09/2004 694 04/25/2005 342 05/08/2004 183 12/01/2003 599 01/20/2005 407 07/12/2004 704 05/05/2005 453 08/27/2004 407 07/12/2004 481 09/24/2004 23 06/24/2003 326 04/22/2004 404 07/09/2004 177 11/25/2003 470 09/13/2004 1,529 08/08/2007 204 12/22/2003 r Portfolio CNC Run Date: 06/17/2003 - 17:07 CC PM (PRF_PM2) SymRepl V5.02f City of National City Portfolio Management Portfolio Details - Investments May 31, 2003 Page 4 Average Purchase -. Stated YTMIC Days to Maturity CUSIP Investment # issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 410 07/15/2004 10843 Southern New Hampshire B&T Co. 05/08/2003 99,000.00 99,000.00 99,000.00 2.000 2.000 342 05/08/2004 10682 Slate Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 281 03/08/2004 10775 SoulhTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.390 506 10/19/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 238 01/25/2004 10811 Stockmans Bank 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 623 02/13/2005 10762 Total Bank 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.150 178 11/26/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 411 07/16/2004 10808 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 607 01/28/2005 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.940 413 07/18/2004 10601 Union Bank. 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 411 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 .99,000.00 99,000.00 5.150 5.150 233 01/20/2004 10578 World's Foremost Bank r 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 394 06/29/2004 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.920 609 01/30/2005 10836 West Pointe Bank 04/10/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 680 04/11/2005 5,120 12 06/13/2003 10568 Williamstown Savings Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5 120 212 6/3/2003 10574 York State Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 9,042,645.16 8,768,000.00 8,808,380.27 8,768,000.00 4.005 406 Subtotal and Average Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 95,000.00 95,000.00 95,000.00 8.000 6.083 354 05/20/2004 95,000.00 95,000.00 95,000.00 6.083 354 Subtotal and Average 95,000.00 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 621 02/11/2005 010346 Bank & TrOne, st PueRico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 240 01/27/2004 0649999X5 10346 Bank One. Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 �' 15.798 592 01/13/2005 10727 Community Bank of Boone 06/28/2002 97,000.00 98,850.16 97,152.66 3.600 3.599 376 06/11/2004 203484AF0 5.350 241 01/28/2004 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 � 500 337 05/03/2004 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 100,517.67 99,000.00 3.500 5.493 337 05/03/2004 258115AV610041 Doral FSB 12/10/1998 99,000.00 99,000.00 98,384.22 5.350 -17213.769 123 10/02/2003 fl07i5-172A3-619 >. 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 5.700 283 03/10/2004 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 356611FU2060 10168 Fremont Investment & Loan 04/07/1999 97,000.00 99,990.51 97,000.00 5.600 5.600 311 04/07/2004 39739BS36060' 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 102,922.00 100,000.00 5.600 5.600 290 03/17/2004 10262 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 15.190 423 07/28/2004 Portfolio CNC CC PM (PRF_PM2) SyrnRepl V5.02f .titan Date: 06/17/2003 - 17:07 t�1 City of National City Portfolio Management Portfolio Details - Investments May 31, 2003 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Page 5 Stated YTM!C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date NegotiablefTransferable CDs 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 99,909.03 97,000.00 5.500 5.500 311 04/07/2004 46146MBU2 10818 Investors Bank 09/03/2002 95,000.00 95,286.90 95,000.00 3.000 3.000 1,555 09/03/2007 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 4.900 1,429 04/30/2007 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 299 03/26/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 . 95,000.00 .95,000.00 95,000.00 5.550 5.550 299 03/26/2004 10329 Bank of Mount Vernon 02/26/1999 100,000.00 100,000.00 69,971.36 6.550 15.910 836 09/14/2005 60531-17951-1 10038 Nations Bank (Barnett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 63 08/03/2003 685621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 99,273.24 99,000.00 5.750 5.750 156 11/04/2003 82668FC54 10137 Signet Bank 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 5.500 150 10/29/2003 798219A67060 10146 San Jose National Bank 03/03/1999 97,000.00 99,580.20 97,000.00 5.400 5.400 276 03/03/2004 856284GL2060 10135 State Bank of India 02/12/1999 97,000.00 97,000.00 98,658.70 5.850 5.405 30 07/01/2003 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 244 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 100,000.00 78,963.99 6.570 14.890 145 10/24/2003 90331 V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.505 613 02/03/2005 6514-18644-1 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 270 02/26/2004 Subtotal and Average 2,425,874.80 2,641,000.00 2,656,329.71 2,425,874.80 7.940 389 Federal Agency Securities 3133MUOR9C 10807 Federal Home Loan Bank 01/15/2003 100,000.00 100,188.00 100,000.00 3.000 3.000 1,689 01/15/2008 3133MWDE8 10819 Federal Home Loan Bank 03/12/2003 100,000.00 100,031.00 100,000.00 2.750 2.750 1,838 06/12/2008 3133MX5H8 10820 Federal Home Loan Bank 03/27/2003 100,000.00 100,063.00 100,000.00 2.500 2.500 1,761 03/27/2008 3133MWFH9C 10821 Federal Home Loan Bank 03/13/2003 100,000.00 100,310.00 100,000.00 2.750 2.750 1,747 03/13/2008 3133MWKL4C 10822 Federal Home Loan Bank 03/19/2003 100,000.00 100,003.00 99,750.00 2.750 2.804 1,753 03/19/2008 3133MWRJ2C 10823 Federal Home Loan Bank 03/27/2003 100,000.00 100,063.00 99,812.50 2.500 2.540 1,781 03/27/2008 3133MX5H8C 10824 Federal Home Loan Bank 03/27/2003 100,000.00 100,063.00 99,875.00 2.500 2.527 1,761 03/27/2008 3133MWRJ2 10827 Federal Home Loan Bank 03/27/2003 100,000.00 100,079.00 100,000.00 2.500 2.500 1,761 03/27/2008 3133MXN21 10831 Federal Home Loan Bank 04/16/2003 100,000.00 _-- 100,188.00 100,000.00 3.000` 3.000 1,781 04/16/2008 3133MXW21 10832 Federal Home Loan Bank 04/25/2003 100,000.00 100,156.00 100,000.00 2.500 2.500 1.790 04/25/2008 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 100,000.00 100,094.00 99,250.00 2.250 2.410 1,775 04/10/2008 3133MX567C 10834 Federal Home Loan Bank 04/16/2003 100,000.00 100,188.00 100,000.00 3.000 ir000 1,781 04/16/2008 3133MXN21C 10835 Federal Home Loan Bank 04/16/2003 100,000.00 100,188.00 100,000.00 3.000 3.000 1,781 04/16/2008 3133MYFT9 10838 - Federal Home Loan Bank 05/08/2003 100,000.00 100,313.00 100,000.00 3.000 3.000 1,803 05/08/2008 3133MYB97 10839 Federal Home Loan Bank 05/08/2003 100,000.00 100,313.00 100,000.00 3.125 3.125 1,803 05/08/2008 3133MYB97C 10840 Federal Home Loan Bank 05/08/2003 100,000.00 100,313.00 100,000.00 3.125 3.125 1,803 05/08/2008 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 100,000.00 100,344.00 100,000.00 3.000 3.000 1,809 05/14/2008 3128X1D07C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 100,664.00 100,000.00 2.700 2.700 1,823 05/28/2008 Portfolio CNC CC M1 Run Dare: 06/17/2003 - 17:07 PM (PRF_PM2) SymRept V5.02r City of National City Portfolio Management Portfolio Details - Investments May 31, 2003 Page 6 Average Purchase\ Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date- Par Value Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133MYLK1 10844 Federal Home Loan Bank 05/21/2003 100,000.00 100,375.00 100,000.00 3.000 3.000 1,816 05/21/2008 Subtotal and Average 1,830,921.37 1,900,000.00 1,903,996.00 1,898,887.50 2.802 1,781 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998 0.00 0.00 - 0.00 8.000 31364TKP5060 10103 Federal Nall. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250 31376PGY5 10126 Federal Nall. Mortgage Assoc. 12/01/1998 17,793.47 19,147.38 18,544.46 8.500 Subtotal and Average 19,363.60 17,793.47 19,147.38 18,544.46 6.000 7.307 6.626 0 01/15/2013 0 11/01/2004 30 07/01/2003 6.626 30 Total Investments and Average iliwn Dale: 06/17/2003 - 17:07 13,413,804.94 13,421,793.47 13,482,853.36 13,206,108.76 4.573 800 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.021 SymPro City of National City Activity Report Sorted By Brokers May 1, 2003 - May 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 3133MYFT9 3133MYB97 10838 Federal Home Loan Bank 10839 Federal Home Loan Bank Subtotal and Balance 3.000 05/08/2003 3.125 05/08/2003 100,000.00 0.00 100,000.00 0.00 400,000.00 200,000.00 0.00 600,000.00 Pass Through Securities 31376PGY5 10126 Federal Nati. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 28.363% 8.500 05/15/2003 0.00 1,740.36 19,533.83 0.00 1,740.36 17,793.47 3,608,533.83 200,000.00 1,740.36 3,808,793.47 Brokers: Gilford Securities Inc Federal Agency Securities 3133MVDH3C 10815 Federal Home Loan Bank 3.050 05/05/2003 0.00 100,000.00 3133MVGE7C 10818 Federal Home Loan Bank 3.000 05/12/2003 0.00 100,000.00 3133MVF32C 10817 Federal Home Loan Bank 3.000 05/13/2003 0.00 99,937.50 3133MYB97C 10840 Federal Home Loan Bank 3.125 05/08/2003 100,000:00 0.00 3133MYF28C 10841 Federal Home Loan Bank 3.000 05/14/2003 100,000.00 0.00 3128X1DQ7C 10842 Federal Home Loan Bank 2.700 05/28/2003 100,000.00 0.00 Subtotal and Balance 1,099,937.50 300,000.00 Brokers Subtotal 8.196% 1,099,937.50 300,000.00 299,937.50 1,100,000.00 299,937.50 1,100,000.00 Portfolio CNC ro CC DA (PRF_DA) SymRept V5.02f 4-7 • Run Date: 06/17/2003 - 17:18 t'd to City of National City Activity Report May 1, 2003 - May 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: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10519 BNC National Bank 5.120 05/12/2003 0.00 99,000.00 10590 First Financial Bank 5.350 05/30/2003 0.00 99,000.00 10718 Southern New Hampshire B&T Co. 3.250 05/08/2003 0.00 99,000.00 10719 Bank of Utica . 3.200 05/22/2003 0.00 99,000.00 10843 Southern New Hampshire B&T Co. 2.000 05/08/2003 99,000.00 0.00 396,000.00 1,784,000.00 Subtotal and Balance 2,081,000.00 99,000.00 Negotiable/Transferable CDs Subtotal and Balance 587,000.00 587,000.00 Pass Through Securities Subtotal and Balance 0.00 Brokers Subtotal 17.665%, 2,668,000.00 99,000.00 0.00 396,000.00 2,371,000.00 Brokers: Mischler Financial Group Inc Federal Agency Securities 3133MSSA9 10798 Federal Home Loan Bank Subtotal and Balance 100,000.00 Brokers Subtotal 0.000% 100,000.00 3.000 05/07/2003 0.00 100,000.00 0.00 100,000.00 0.00 0.00 100,000.00 0.00 Brokers: PaineWebber Inc Federal Agency Securities 3133MWU4 3133MYLK1 10814 Federal Home Loan Bank 10844 Federal Home Loan Bank Subtotal and Balance 3.000 05/28/2003 3.000 05/21/2003 0.00 100,000.00 100,000.00 0.00 200,000.00 100,000.00 100,000.00 200,000.00 Brokers Subtotal 1.490% 200,000.00 100,000.00 100,000.00 200,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10521 International Bank of Chicago ro Run Date: 06I17/2003 - 17:18 5.250 05/14/2003 0.00 99,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of N....ttal City Activity Report May 1, 2003 - May 31, 2003 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10524 Community National Bank 5.200 05/22/2003 0.00 99,000.00 10589 First Natl. Bk.of Damariscotta 5.100 05/30/2003 0.00 99,000.00 10845 Pioneer Bank 2.300 05/05/2003 99,000.00 0.00 10846 International Bank of Chicago 2.550 05/14/2003 99,000.00 0.00 10847 Community National Bank 2.150 05/22/2003 99,000.00 0.00 Subtotal and Balance 5,944,000.00 297,000.00 Brokers Subtotal 44.286% 5,944,000.00 297,000.00 297,000.00 5,944,000.00 297,000.00 5,944,000.00 Total 100.000% 13,620,471.33 Win Dale: 06/17/2003 - 17:18 996,000.00 1,194,677.86 13,421,793.47 'da Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS MAY 31, 2003 4v FUND FUND TITLE ENDING BALANCE 001 GENERAL FUND 4,966,634.45 103 GENERAL CAPITAL OUTLAY FUND 767,359.68 108 LIBRARY CAPITAL OUTLAY 247,127.63 109 GAS TAXES FUND '1,793,067.92 110 EMERGENCY PREPAREDNESS FUND 39,062.50 113 CULTURAL ARTS FUND 95,000.00 115 PARK & REC CAPITAL OUTLAY FUND 104,650.81 120 PLAN CHECKING REVOLVING FUND 138,534.09 123 GRANT -FAMILIES FOR LITERACY 2,844.95 125 SEWER SERVICE FUND 7,652,602.27 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 238,256.06 131 ASSET FORFEITURE FUND 481,396.32 136 TINY TOT CLASSES FUND 11,133.65 145 JUVENILE EDUCATION FUND 3,001.51 154 STATE PUBLIC LIBRARY FUND 117,253.80 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND 26,836.90 159 GENERAL PLAN UPDATE RESERVE 269,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 30,332.25 172 TRASH RATE STABILIZATION FUND 407,478.22 173 NATIONAL SCHOOL DIST CONTRACT 21,190.78 174 SWEETWATER SCHOOL DIST CONTRAC 42,261.40 175 PETROLEUM VIOLATORS ESCROW 5,510.00 176 POLICE REIMBURSED OVERTIME 22,246.28 177 RESTITUITION REIMBURSEMENTS 500.00 178 POLICE HAT BADGES 72.56 179 NPT BUS DONATIONS FUND 614.65 189 CIVIC CENTER REFURBISHING 3,153,127.43 190 30TH STREET CLEANUP FUND - 1303 254,197.35 192 LEASE ESCROW FUND 47,534.09 195 LANDSCAPE RESERVE 899,715.61 196 CAPITAL PROJECT RESERVE 650,068.19 197 PRODUCTIVITY IMPROVEMENT RESER 50,000.00 198 PROPERTY EVIDENCE SEIZURE 13,598.94 200 30TH STREET CLEANUP FUND - 1304 610,899.70 203 PARK SECURITY/GTE LEASE 53,200.00 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 156,166.17 211 SECURITY AND ALARM REGULATION FUND 101,861.06 212 PERSONNEL COMPENSATION FUND 592,474.57 214 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 8,802,00 PAGE 18 223 FACE TO FACE INFORMATION GRANT FY 00-01 8.19 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 20,144,57 227 CLLS MATCHING FUNDS 9,387.35 228 GROWING WITH MOTHER GOOSE GRANT 25.86 229 CLEEP GRANT 37,41.16 231 HOUSING PILOT PROGRAM 2,080.99 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 234 EMPLOYEE COMPUTER PURCHASE FUND 13,873.40 236 FIRST PEOPLES GRANT 32,930.64 237 LEARN @ NCPL 53,045.00 238 VIDEOCONF.COMM. OF PRACTICE GRANT 31,091.79 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 24,231.04 240 LITERACY INTIATIVES XI 74,472.77 242 N. CITY LIBRARY MATCHING FUND 343,881.84 270 NUISANCE ABATEMENT FUND 1,587.68 272 LITERACY INITIATIVES X 2.61 303 CAPITAL FACILITIES FUND 626,243.40 304 PARK DEVELOPMENT FUND 146,097.11 307 PROPOSITION A" FUND 3,380,200.29 308 GRANT -HIGHWAY BRIDGE REHAB 539,571.81 312 STP LOCAL/TRANSNET HIGHWAY 327,260.08 314 OTS GRANT 3,024.50 343 STATE -LOCAL PARTNERSHIP 104,520.49 345 TRAFFIC CONGESTION RELIEF 567,550.75 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 626 FACILITIES MAINT FUND 810,655.63 627 LIABILITY INS. FUND 4,712,964.60 629 INFORMATION SYSTEMS MAINTENANC 213,315.76 630 OFFICE EQUIPMENT DEPRECIATION 2,054,727.31 631 TELECOMMUNICATIONS REVOLVING 386,771.96 632 GENERAL ACCOUNTING SERVICES 82,669.35 633 UNEMPLOYMENT INSURANCE RESERVE 145,519.00 643 MOTOR VEHICLE SVC FUND 85,390.12 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 45,922.40 725 PLANNING 1,495.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 99,765.44 727 BUILDING AND SAFETY T & A DEPOSITS 5,000.00 BOND PROCEEDS 5,940,000.00 UNRECONCILED ITEMS 169,409.24 TOTAL ALL FUNDS 45,299,895.45 0.37% PAGE 19 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING MAY FUND # FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 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 242 N. CITY LIBRARY MATCHING FUND 270 NUISANCE ABATEMENT FUND 272 LITERACY INITIATIVES X 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 313 GRANT-CMAQ 314 OTS GRANT MAY REVENUE YTD REVENUE 2,026,344.09 23,0 J,115.17 0.00 25,848.00 51,194.59 446,918.09 59,654.71 520,772.93 1,346.661 70,403.25 89, 838.52 1,020,167.29 3,951.80 51,023.77 225.00 78,786.97 10,139.25 92,589.68 0.00 22,790.00 333,337.78 4,477,148.05 0.00 22,685.00 2,638.34 0.00 0.00 0.00 0.00 0.00 337.50 0.00 0.00 0.00 0.00 260.00 0.00 0.00 4,348.00 0.00 0.00 0.00 0.05 115,405.00 325.00 20,769.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 146,619.10 61,071.10 0.00 0.00 0.00 356,460.53 0.00 153,319.59 42,331.66 4,220.00 3,000.00 57,709.00 53,283.19 26,300.90 52,926.60 34,827.10 26, 379.00 132, 055.00 31,161.07 21, 728.48 4,752.15 69,885.00 2,272.57 12,400.00 11,616.80 484,431.91 267,805.50 38,963.22 228,459.00 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 58,004.00 106,123.00 317,650.00 60,000.00 250.00 128,970.00 146,619.10 449,786.76 1,242,084.08 484,393.27 86,848.99 502,047.63 3,024.50 PAGE 20 316 CALIFORNIA ENERGY COMM GRANT 0.00 5,000.00 343 STATE -LOCAL PARTNERSHIP 0.00 1,177.98 345 TRAFFIC CONGESTION RELIEF 0.00 110,494.08 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 0.00 96,679.02 552 TDA 0.00 1,604,909.78 626 FACILITIES MAINT FUND 140,974.00 1,54b,714.00 627 LIABILITY INS. FUND 150,741.41 1,827,784.44 628 GENERAL SERVICES FUND 23,331.00 256,641.00 629 INFORMATION SYSTEMS MAINTENANC 29,751.00 327,261.00 630 OFFICE EQUIPMENT DEPRECIATION 46,626.00 513,360.10 631 TELECOMMUNICATIONS REVOLVING 25,798.20 283,531.40 632 GENERAL ACCOUNTING SERVICES 48,100.00 529,100.00 633 UNEMPLOYMENT INSURANCE RESERVE 3,193.00 35,123.00 643 MOTOR VEHICLE SVC FUND 63,139.00 696,022.50 721 LIBRARY TRUST FUND 0.00 183.02 TOTALS 3,815,919.58 43,766,578.03 PAGE 21 FUND NO. MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING MAY FUND TITLE 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 173 NATIONAL SCHOOL DIST CONTRACT 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 MAY YTD.MAY 1,889,445.73 21,460,574.97 107, 540.48 1,100, 859.93 62,342.20 669,123.68 0.00 27,530.14 24,069.19 319,293.09 0.00 20,187.50 0.00 68,827.41 382.55 15,590.77 0.00 9,637.25 1,534.39 27,713.20 1,208,283.27 5,599,338.04 0.00 42,627.42 7,389.67 82,470.63 489.05 0.00 6,440.62 7,741.68 10,563.82 41, 649.57 3,501.63 6,528.38 9,228.44 0.00 10,538.19 5,412.95 0.00 0.00 550.00 1,138.26 2,540.17 0.01 1,008.70 3,208.64 0.00 0.00 0.00 7,856.13 18,702.78 10,681.54 900.06 9,509.01 10,806.06 0.00 0.00 0.00 29,100.71 3,742.29 225.00 0.00 11,624.06 14,985.71 27,830.60 0.00 41, 652.06 32,973.25 0.00 11,459.04 0.00 2,393.34 2,216.42 68,726.11 59,241.95 41, 770.95 116,032.58 5,188.22 87,624.21 65,523.37 122,735.52 130,374.97 64,479.39 5,077.05 8,242.00 17,498.73 10,193.97 12,938.02 484,483.83 111, 639.33 33,875.13 234,440.43 46,999.84 45,068.88 88,351.84 328,048.01 15,845.77 55,428.19 101,918.37 88,029.37 10,566.85 8,987.85 15,004.08 94,630.65 50,598.00 26,912.21 81,891.96 243,177.23 94, 741.65 175,948.76 256,987.69 408,925.12 438,014.44 64, 232.10 138,059.30 53,217.60 PAGE 22 312 STP LOCAL/TRANSNET HIGHWAY 4,500.83 215,074.47 313 GRANT-CMAQ 200.09 454,254.24 343 STATE -LOCAL PARTNERSHIP 520.86 520.86 348 STATE GRANT 0.00 33,523.15 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 0.00 88,582.00 552 TDA 149,685.51 1,41,591.65 626 FACILITIES MAINT FUND 145,704.33 1,413,876.00 627 LIABILITY INS. FUND 116,131.03 1,445,577.90 628 GENERAL SERVICES FUND 21,850.28 213,632.67 629 INFORMATION SYSTEMS MAINTENANC 54,763.08 540,485.70 630 OFFICE EQUIPMENT DEPRECIATION 1,091.42 371,640.67 631 TELECOMMUNICATIONS REVOLVING 22,000.57 198,070.80 632 GENERAL ACCOUNTING SERVICES 44,664.47 544,021.59 633 UNEMPLOYMENT INSURANCE RESERVE 6,833.00 26,141.00 643 MOTOR VEHICLE SVC FUND 83,550.94 1,033,497.70 TOTAL ALL FUNDS 4,295,072.30 42,620,545.71 PAGE 23 City of National City Pooled Investment Transactions Report For the Month of May 2003 Date Description Institution Ref. No. Amount Beginning Balance 26,572,944.32 05/09/03 Withdrawal LAIF 322336 (400,000.00) 05/16/03 Deposit LAIF 680051 5,940,000.00 05/23/03 Deposit LAIF 513752 1,370,000.00 Ending Balance 33,482,944.32 PAGE 24 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2003 AGENDA ITEM NO. 19 ITEM TITLE CLAIM FOR DAMAGES: Jill Harp PREPARED BY Michael R. Dalla, CM( PARTMENT City Clerk EXPLANATION The claim of Jill Harp arises from an occurrence on June 7, 2003 and was filed with the City Clerk's Office on July 15, 2003 Environmental Review XX— N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A• 200 19 99 i City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE August 5, 2003 AGENDA ITEM NO. 20 ITEM TITLE CLAIM FOR DAMAGES: SBC Pacific Bell Rick Roehl - Risk Manager PREPARED BY Michael R. Dalla, PARTMENT City Clerk EXPLANATION The claim of SBC Pacific Bell Rick Roehl - Risk Manager arises from an occurrence on February 27, 2003 and was filed with the City Clerk's Office on July 7, 2003 Environmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A A • 200 l9 99 ) Resolution No. City of National City, California COUNCIL AGENDA STATEMENT ,v1EETING DATE , August 8,2003 AGENDA ITEM NO, 21 ITEM TITLE Military Leave Policy - Proposed Extension of Compensation/Benefits PREPARED BY Ryan Hylan4 Management Analyst III Phone: 336-4370 DEPARTMENT City Manager EXPLANATION The City is required by law to continue providing pay for 30 days after an employee has been called to active duty. Because of the financial hardship that could face employees and their families when on active duty for more than 30 days, it was decided by Council in October 2001 that the City would provide financial assistance to employees for up to six months beyond the 30-day requirement. For the first 30 days of active duty the employee sees no changes to their compensation package from the city. After the first 30 days, and for a period of 6 months thereafter, the only change to their compensation package is a reduction in City wages equal to that of the gross military pay the employee is receiving. The City currently has three employees on active duty, and several of those employees are approaching the end of the 6 month additional compensation/benefit period approved by Council. Because their active duty service will likely continue past the 6 month time frame, staff recommends that the compensation/benefit program be extended an additional six months for the three employees currently on active duty. The employees currently on active duty are James Slade, David Bavencoff, and Ernesto Anderson. Environmental Review V. N/A Financial Statement a. Funds are available within the respective employee departments to support this extension of compensation and benefits. Account No. STAFF RECOMMENDATION Approve the extension of the Military Leave compensation and benefits for these active duty employees for an additional six month period. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1) Military Leave Policy - Memo outlining procedures Resolution No. A-200 (9/80) City Manager's Office Memo To: Department Heads From: Park Morse, AC Date: 1/31/2003 Re: Military Leave Policy — Implementation Information Recently one of our City employees was called to military active duty. The City employs a small number of Military Reservists, so there is the possibility that these employees could also be called to active duty. In October 2001, the City Council directed staff to provide support for military leave employees which goes above and beyond the state and federal legal requirements. It was unanimously agreed upon that it is the City's responsibility to insure that employees called to duty not face financial hardship while serving their Country. The City is required by law to continue providing pay for 30 days after an employee has been called to active duty. However, because of the financial hardship that could face employees and their families when on active duty for more than 30 days, it was decided by Council that the City would provide financial assistance to employees for up to six months beyond the 30-day requirement. For the first 30 days of active duty the employee will see no changes to their compensation package from the city. After the first 30 days, and for a period of 6 months thereafter, the only change to their compensation package will be a reduction in City wages equal to that of the gross military pay the employee is receiving. Implementing the City Council's Military Leave Policy for the first time will be a new undertaking for staff and probably for the employee and family as well. It Is the Cltys goal to make the process as unremarkable as possible to the employee and to produce pay checks that when combined with military pay, yield the employee the same pay levels as if the employee were back at home working with us. This is a truly remarkable thing the employee is doing and they ought not to be burdened by payroll issues while they are in service to their Country. The points below outline the basic procedures for military leave. • Eligibility: The Personnel Department shall maintain a current list of City employees who have the potential to be called up for military active duty. • Notification: When an individual is called up for active duty the employee shall notify their department director, who shall in turn notify the Personnel Dept. The employee will provide to the City official active duty papers as soon as possible for inclusion in the employee's Personnel file. • Pay: Pay will remain the same for the first 30 days, then reduced City pay* will supplement military pay for a period of 6 months. *The reduced wages will be calculated by taking the amount the employee would have received from their City gross biweekly wage (not including overtime) and subtracting the gross military pay (including all allowances). The Finance Department will devise a procedure by which military pay stubs or other documentation can be provided to the City for this calculation. 1 • Benefits: Full City benefits, including health insurance, will remain in place during the initial 30 days, and will continue during the following 6 month period. • Accruals: All accruals, including vacation and sick leave, will continue at the employee's normal rate. Given the complexity of this undertaking and that fact that employees themselves will be far away from home if payroll issues arise, communication between the City the employee and family is critical. For this reason a City liaison will be named by the City Manager so that the active duty employee or, the employee's family, may always be in contact via phone, fax or e-mail, regarding military leave questions. For purposes of the current call-up, Ryan Hyland will serve in this role. He may be contacted at: 619-336-4370 (phone) 619-336-4327 (fax) or rhyland©ci.national-city.ca.us. • Page 2 .IEETING DATE: August 5. 2003 City of National City COUNCIL AGENDA STATEMENT *Refer to Item #4 AGENDA ITEM NO. 22 ITEM TITLE: RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT (MILE OF CARS) (�J ►17 PREPARED BY: Paul Desrochers,� EXPLANATION: DEPARTMENT Community Development Commission Executive Director 336.4250 Adoption of this Resolution will implement the 2003-04 levy and collection of assessments for costs of maintenance of improvements to the Landscape Maintenance District (LMD). The Resolution confirms that the required Public Hearing has been held and legally noticed. The Resolution confirms the assessments listed in the Engineer's Report and orders that the assessment breakdown contained in the report be levied by the County of San Diego Auditors Office. r Environmental Review Financial Statement X NIA Maintenance costs for fiscal -year 2003-2004 operation of the District are estimated at $99,400.00 and, fees to the property owners range from $337.59 to $6,650.48. Administrative fees are estimated at $800.00. STAFF RECOMMENDATION Adopt Resolution BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) N/A Resolution No. RESOLUTION NO. 2003 — 114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City, California, has initiated proceedings for the levy of the annual assessment in a special maintenance district created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping Act"), Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following; Article XIIID and such implementation act may be referred to collectively herein as "Article XIIID"), in a special maintenance district known and designated as Landscape Maintenance District No. 1 (hereinafter referred to as the "District"); and WHEREAS, at this time all notice and public hearing requirements have been met relating to the levy of the annual assessments; and WHEREAS, the City Council has received a report from the Assessment Engineer (the "Assessment Engineer's Report") and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Assessment Engineer's Report as now submitted for final consideration and approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct. PROCEDURES Section 2. The City Council hereby finds and determines that the procedures for the consideration of the levy of the annual assessment have been undertaken in accordance with both the Act and Article XIIID inasmuch as the proposed assessments for Fiscal Year 2003-04 are not proposed to be increased over the assessments previously authorized to be levied. DETERMINATION AND CONFIRMATION Section 3. The final assessment and diagram for the proceedings, as contained in the Assessment Engineer's Report, is hereby approved and confirmed. Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed: Resolution No. 2003 —114 August 5, 2003 Page Two a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits have been assessed. d. There are no publicly owned parcels within the District. The assessments for the District contained in the Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in such Assessment Engineer's Report. ORDERING OF MAINTENANCE Section 4. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. FILING WITH CITY CLERK AND CITY ENGINEER Section 5. The above -referenced diagram and assessment shall be filed in the Office of the City Clerk, with a certified copy to be flied in the Office of the City Engineer. Said diagram and assessment and the certified copy thereof, shall be open for public inspection. FILING WITH THE COUNTY AUDITOR Section 6. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. ENTRY UPON THE ASSESSMENT ROLL Section 7. After the filing of the diagram and assessment the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. Resolution No. 2003 —114 August 5, 2003 Page Three COLLECTION AND PAYMENT Section 8. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. FISCAL YEAR Section 9. The assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2003 and ending June 30, 2004. PASSED and ADOPTED this 5th day of August, 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT iEETING DATE August 5, 2003 AGENDA ITEM NO. 23 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE NATIONAL CITY CONCERT BAND FOR A MUSICAL PROGRAM TO BE HELD AT PEPPER PARK. PREPARED BY IRMA ACEDO X 427i EXPLANATION This item authorizes the Cite enter into a contract with the National City Concert Band for a concert to be held at Pepper Park on August 10, 2003. Their fee is $22,500. DEPARTMENT PARKS & RECREATION Attached is information regarding the choices for the musical program. Staff will once again work with the band and the Port District to coordinate the event. A representative of the National City Concert Band will be in attendance to answer any questions. Environmental Review X N/A taancial Statement Approved By: The fee of $22,500 is funded by the Port District. City support activities of approximately $ 1,200 can be charged to Governmental Purposes. STAFF RECOMMENDATION Select musical program and approve contract. L..._ BOARD / COMMISSION RECOMMENDATION Approval ATTACHME TS ( Listed Below ) Contract and musical options. Finance Director Account No. Resolution No. 2003-115 A-200 (9..99 RESOLUTION NO. 2003 — 115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE NATIONAL CITY CONCERT BAND FOR A MUSICAL PROGRAM TO BE HELD AT PEPPER PARK WHEREAS, the City desires to employ a concert band to perform at the musical program to be held at Pepper Park on August 10, 2003; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with the National City Concert Band to perform at the musical program to be held at Pepper Park on August 10, 2003. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 5th day of August, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PERFORMANCE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY COMMUNITY CONCERT BAND ("NCCCB") Agreement, as follows, by the National City Community Concert Band ("NCCCB") and the City of National City: 1. The NCCCB will perform one summer pops concert on Sunday, August 10, 2003, at 6:00 p.m., outdoors at Pepper Park in National City. 2. The NCCCB will perform various works, approximately 1 hour and 15 minutes in length, to be determined by the National City City Council. 3. The NCCCB will provide a concert band of at least 40 musicians, conductor, soloists (depending upon the program selected), stage, sound, music, musician chairs, and music stands. NCCCB will also provide stand lights and equipment for the musicians and appropriate stage crew to do the set-up. 4. The NCCCB will be paid the sum of $22,500 for the performance. If for any reason the concert is cancelled, only the sum necessary to cover expenses (not to exceed $22,500) will be due. CITY OF NATIONAL CITY NATIONAL CITY COMMUNITY CONCERT BAND By: By: Nick lnzunza, C. Edward Reed Mayor Director APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Jul 31 03 12:50p Natl City Parks and Rec 6193364292 p.1 "Remembering the Big Bands" Pepper Park Concert Sunday, 6 p.m., August 10, 2003 NATIONAL CITY COMMUNITY CONCERT BAND C. Edward Reed - Director On the Sunny Side of the Street In the Mood Caravan Begin the Beg -Lune Yellow Bird Chattanooga Choo Choo Big Bands in the Nursery Put on a Happy Face Star Dust Alexander's Rag Time Band Caribbean Nocturne A String of Pearls in Sao Paulo SWEETWATER HIGH SCHOOL JAZZ ENSEMBLE Ken Biskie - Director ced D SF--r -40 Oldocr4. 1Om �rr2vlV�t� SK0/6 %JuA()- Sf�tn�— arr. Ralph Flanagan arr. Andy Clark arr. Richard Saucedo transcribed by Jeff Hest arr. Harold Walters arr. Michael Story James Ployhar an. Warren Barker arr. Warren Barker an. Paul Murtha Bryan Kidd an. John Wasson James Barnes N1\1- 1 C3MA(LQ CauAm\- eAsiL rt'YL K j -t o t2 /11 /1 T- T - 4,1 ,°!21 S Q N 0) tD m m CO NATIONAL CITY COMMUNITY CONCERT BAND Director C. Edward Reed Flute Annalinda Arroyo Vickie Hankins Maria Love * Oboe Laura Cunningham * April Ibarra Clarinet Erika Alcarez Jose Diaz Bill Graham Bill Padelford Diane Pan -a * Dick Robinette Roy Tabali Saxophone Juanita Christian David Hayes Fidelino Jimenez Jr. Isaac Redding Jim White * Trumpet Jack Lara Fred Marx * Frank Palumbo Marcos Sainz Jose Tomayo Chris Vargas French Horn Manny Castro Walt Graham Lisa Mansfield Adrian O'Toole * "denotes section leader Trombone Andrew Estrada Jazreel McMillen Bruce Mansfield Jaime Mendoza Isaac Ruiz * Euphonium Dave Evans * Phil Imming Tuba Ethan Charles * Jason Schmidt Persussion Santiago Bojorquez * Celeste Campbell Sergio Corona Hugh O'Neil Guillermo Samaniego ACKNOWLEDGEMENTS We wish to thank the Port Of San Diego for the generous financial support that has underwritten the cost of this concert. The National City Community Concert Band Is sponsored by City of National City National City Adult School National City Chamber of Commerce City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 5, 2003 AGENDA ITEM NO. 24 7-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT WITH CINGULAR WIRELESS, FOR THE INSTALLATION AND OPERATION OF AN EQUIPMENT ROOM AND ANTENNAE FACILITIES IN EL TOYON PARK PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering 336-4383 EXPLANATION Cingular Wireless desires to lease a portion of El Toyon Park to install and operate an equipment room and antennae facility. The equipment room and antennae facilities shall be used for the operation of their communication business. On April 21, 2003 Resolution No. 0-2003 of the Planning Commission approved Conditional Use Permit CUP-2003-5 allowing Cingular Wireless the use of the portion of El Toyon Park. Cingular Wireless intends to construct a new equipment room and antennae facilities in the same portion of El Toyon Park as the existing GTE Wireless installations. The proposed antennae facilities shall consist of removing an existing light pole and replacing it with a new 100 feet high light standard and mounting an antenna on top of this new light pole that will blend with the existing installations. The finish of equipment room will match the snack bar that is in the park. In 1999 GTE Wireless of the Pacific leased a section located in the north side of the baseball field in El Toyon Park for the purpose of installing an equipment room and antennae facilities. The proposed �Cingular facilities are similar and the attached agreement has been modeled after the 1999 GTE Wireless agreement. Environmental Review x N/A Financial Statement Approved By: The cost of installing, operating and maintaining the facilities shall be borne by Cingular Wireless. Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. t BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement Resolution No. 2003-116 8thl RESOLUTION NO. 2003 — 116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH CINGULAR WIRELESS FOR THE INSTALLATION AND OPERATION OF AN EQUIPMENT ROOM AND ANTENNAE FACILITIES IN EL TOYON PARK WHEREAS, Cingular Wireless desires to lease a portion of El Toyon Park for the installation and operation of an equipment room and antennae facilities which shall be used for the operation of their communication business; and WHEREAS, at a regular meeting of the Planning Commission held on April 21, 2003, the . Commission adopted Resolution No. 9-2003 approving the Conditional Use Permit CUP-2003-5 allowing Cingular Wireless the use of a portion of EL Toyon Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a lease agreement with Cingular Wireless a portion of El Toyon Park for the installation and operation of a wireless communication equipment room and antennae facilities. Said agreement is of file in the office of the City Clerk. PASSED and ADOPTED this 5th day of August, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ORIGINAL LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this 5th day of August, 2003, by and between the City of National City ("Landlord") and Pacific Bell Wireless, LLC, a Nevada Limited Liability Company, d/b/a Cingular Wireless ("Tenant"). RECITALS A. Landlord is the owner of the real property known as "El Toyon Park" (Landlord's Property") located in the City of National City, San Diego County, State of California. B. Tenant desires to lease a portion of El Toyon Park for the installation and operation of an equipment room and certain antenna facilities (collectively, "Antennae Facilities") for use in connection with its communications business. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord a portion of El Toyon Park consisting of the space shown on the Location Map attached hereto as Exhibit A and incorporated herein by reference. A legal description of the leased premises is attached hereto as Exhibit B and incorporated herein by reference. Said leased premises are referred to herein as "Leased Premises." Tenant intends to locate its Antennae Facilities on the Leased Premises, which facilities include installation of freestanding monopole, which is to replace an existing lightstand. A site plan is attached hereto as Exhibit C. Tenant may not add additional equipment and/or antenna from that authorized by City of National City Planning Commission Resolution No. 9-2003 which is attached hereto as Exhibit D. Landlord reserves the right to require Tenant to relocate its Antennae Facilities to another location on Landlord's Property at Landlord's expense so long as the other location provides radio receipt and transmission equivalent to the Leased Premises. Tenant shall complete the relocation of its Antenna Facilities within six months after written notice from Landlord. This Lease is not a franchise pursuant to Chapter 6.10 of the National City Municipal Code or is it a permit to use the right-of-way under Chapter 13.12 of the National City Municipal Code. Any such franchise or permit must be obtained separately from Landlord. 2. Term. The term of this Lease shall be five (5) years, commencing on August 5, 2003 (the "Commencement Date") and ending August 5, 2008. Provided that Tenant is not in breach of any of the portions of the provisions of this Lease, Tenant may extend the initial term of this Lease for four (4) successive (5) year terms, upon giving Landlord 90 (ninety) days' prior written notice of its intention to extend. If this Lease is terminated by the Landlord based on any of the grounds specified in Section 17 of this Lease, the termination shall be effective thirty (30) calendar days from the date of delivery of the notice of termination if Tenant, within such thirty (30) day period, has not cured such default. If this Lease is terminated by Tenant based on any of the grounds specified in Section 17 of this Lease, such termination shall be effective no sooner than thirty (30) days from delivery of written notice from Tenant to Landlord. 3. Rent. a. Tenant shall pay Landlord as annual initial rent for the Leased Premises the sum of $25,000.00 ("Rent"). Tenant shall pay Landlord Rent for the first year on the Commencement Date. Tenant shall pay Landlord Rent annually in advance on each anniversary of the Commencement Date. Beginning with the first anniversary of the Commencement date, the Rent paid shall be increased by five percent (5%) each year. Beginning with the third anniversary of the Commencement Date, Tenant shall pay Landlord as annual rent an amount equal to the greater of (1) the previous year's rent, adjusted upward by five percent (5%) or (2) the Fair Market Value of the ground lease for similar cellular communications facility in a comparable location as determined by an independent, qualified appraiser retained by Landlord and subject to Tenant's reasonable approval. b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the late payment for any payment not paid within ten (10) days after due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. c. If this Lease is terminated by Tenant at a time other than on the last day of the year, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent or other breach of this lease by Tenant, the balance of all prepaid Rents shall be refunded to the Tenant. d. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antennae Facilities, and leasehold improvements from the Leased Premises on or before the date of termination, and shall repair any damage to Leased Premises and its landscape or hardscape caused by such equipment, normal wear and tear excepted, and shall reinstall or replace with a comparable substitute the existing lightstand: all at Tenant's sole cost and expense. Any such property or facilities which are not removed by Tenant within thirty (30) days of the termination of the lease term shall become the property of landlord. Any such property or facilities which are not removed by Tenant within thirty (30) days of the termination of the lease may, at Landlord's option, be removed by Landlord within sixty (60) days of termination of the Lease at Tenant's expense, with Tenant reimbursing Landlord for the costs of removal within thirty (30) days after such costs are incurred by Landlord. e. Tenant shall reimburse Landlord for its reasonable costs and expenses, including legal fees, incurred by Landlord in connection with the negotiation of this Lease, all as additional Rent, payable upon execution of this Lease. The reasonable costs and expenses shall not exceed $1,000.00. 4. Taxes. Tenant recognizes and understands that this Lease may create a possesory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Section 107 and 107.1 of the Revenue and Taxation Code against Tenant's possesory interest in the Leased Premises. 5. Use of Leased Premises. a. Tenant shall use the Leased Premises for the installation, operation and maintenance of its Antennae Facilities for the transmission, reception and operation of a communications system and uses incidental thereto and for no other uses. In its use of the Leased Premises, Tenant shall at all times remain in compliance with National City Planning Commission Resolution No. 9-2003 Landlord reserves the right to enter into agreement with other parties including, but not limited to, wireless communications carriers (hereinafter "Carrier") for use of Landlord's property. In the event that an additional Carrier is licensed to use any site on Landlord's property, it shall be the new Carrier's responsibility, at its expense, to ensure that such installation is constructed and operated in accordance with applicable regulations issued by the Federal Communications Commission (FCC) and that its use of Landlord's Property does not interfere with Tenant's use of the Leased Premises. Landlord shall include a provision in any agreement with a new Carrier, which provides that installation and use of its communication equipment shall not interfere with Tenant's use and operation of its communication system. The Carrier will provide the Landlord and Tenant with a certified evaluation prepared by a telecommunications engineer that its antennae and other facilities will not interfere with Tenant's existing antennae or proposed antennae or other facilities. b. Tenant shall have the opportunity to review the certified evaluation and to make its own evaluation regarding whether the Carrier's installation will interfere with Tenant's Antennae Facilities. If Tenant determines that the Carrier's installation will interfere with Tenant's Antennae Facilities, then Tenant must notify the Landlord in writing of its findings no later than twenty days after receipt of the certified evaluation. Tenant shall provide all documentation supporting its findings to Landlord. If Landlord accepts those findings, then the Carrier cannot proceed with its installation unless and until it can satisfy Tenant that the proposed installation will not interfere with Tenant's Antennae Facilities. If Landlord disagrees with Tenant's findings, then Landlord and Tenant shall hire a mutually agreed upon independent telecommunications engineer to evaluate the potential interference problems, the cost to be borne equally by Landlord and Tenant. If that independent engineer determines that the proposed installation will not interfere with Tenant's Antennae Facilities, then the carrier may proceed with its installation. However, if the independent engineer determines that the proposed installation will interfere with Tenant's Antennae Facilities, then the Carrier cannot proceed with its installation unless and until it can satisfy the 3 independent engineer that the proposed installation will not interfere with Tenant's Antennae Facilities. c. Tenant shall not deny Carrier the ability to co -locate the Carrier's transmitting/receiving equipment, and antennae facilities within and upon Tenant's installed facilities as provided in condition number 9 of the approved Conditional Use Permit of National City Planning Commission Resolution No. 9- 2003 pursuant to the following conditions: In addition to the requirements set forth above in Section 5a, Carrier shall provide Landlord and Tenant with a certified evaluation prepared by a structural engineer finding that the installed facilities can support the additional installation. Tenant shall have the opportunity to review the certified evaluation and to make its own evaluation regarding whether the installed facilities can support the additional equipment. If Tenant determines that the installed facilities cannot support the additional installation, then Tenant must notify the Landlord in writing of its findings no later that twenty days after receipt of the certified evaluation. Tenant shall provide all documentation supporting its findings to landlord and Tenant shall hire a mutually agreed upon qualified engineer to evaluate whether the installed facilities can support the additional installation, the cost to be borne equally by Landlord and Tenant. If that engineer determines that the installed facilities will support the additional installation, then the Carrier may proceed with its installation. However, if the independent engineer determines that the installed facilities cannot support the additional installation, then the Carrier cannot proceed with its installation unless and until it can satisfy the engineer that the installed facilities can support the additional installation. Once it has been determined that the installed facilities can support the additional installation and that the installation will not interfere with Tenant's Antennae Facility as set forth in section 5a, then Carrier shall execute a sublease agreement with Tenant setting forth the rights, duties and obligations of each party, including the rights, duties and obligations of each party with respect to interference with the communication equipment of the other party, access to each party's equipment and maintenance and repair of each party's equipment. d. In the event that any equipment installed pursuant to any future agreements for the installation of communication/radio equipment on Landlord's Property, other than any equipment installed on Tenant's installed facilities, does cause interference with Tenant's Antennae Facilities, then Tenant shall provide 30 days' written notice to Landlord of this interference. Landlord shall have 10 days' written notice to eliminate such interference. If such interference is not eliminated, then Tenant shall have the right to terminate this Lease. e. Tenant shall exercise due diligence in utilizing the Leased Premises as to not interfere with utilization of the remainder of the Landlord's Property by Landlord, and Tenant agrees to comply with any rules and regulations that Landlord may promulgate at any time in reference to utilization of Landlord's Property so long as those rules do not unreasonably interfere with Tenant's rights to operate its communication system. It is understood by Tenant that the Landlord's Property is used by Landlord as a Park and Baseball Field and that it is necessary to maintain adequate security at all times for the primary utilization of the Landlord's Property by Landlord. 4 6. Construction Standards. The Antennae Facilities shall be installed on the Leased Premises in a good and workmanlike manner without attachment of any construction liens. Landlord will require Tenant to paint the Antennae Facilities in conformance with approved Conditional Use Permit (CUP) No. CUP-2003-5 so as to blend with the surroundings. If not specified in CUP 2003-5, Tenant will paint in a color specified by Landlord and otherwise shield the Antennae Facilities from view as required by said CUP. 7. Installation of Equipment. a. Prior to commencing construction, Tenant shall obtain a Building Permit from the National City Department of Building and Safety and a Construction Permit from the National City Engineering Department for street improvements, grading or retaining walls, if required. Tenant shall pay the normal costs for all permits and shall bond for the required street improvements, grading or retaining walls, if any. Tenant shall verify that the soil bearing capacity of the proposed site will support the Antennae Facilities, its ancillary structures and equipment. Tenant shall obtain the Landlord's prior written approval of the Construction Drawings for any of Tenant's improvements or site preparations before commencing such activities and shall be responsible for any environmental review relating to such improvements or site preparations subject to landlord's approval. All improvements shall be constructed by Tenant, at Tenant's sole cost and expense. Landlord may condition its approval on Tenant taking steps reasonably necessary to protect Landlord's property and to comply with all conditions of Conditional Use Permit CUP 2003-5, as approved by National City Planning Commission Resolution No. 9-2003 Improvements of the site shall be at Tenant's sole expense, including any structural reinforcement necessary to support Tenant's equipment, and Tenant shall maintain the Leased Premises throughout the term in good and safe condition, free of litter or other items relating to Tenant's use, and so as not to create unsafe conditions or an interference with access for any Tenants or other parties, and with all visible areas maintained in a condition at least equal to that of the other facilities on the Property. b. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the Property, in accordance with good engineering practices and with all applicable FCC rules and regulations, its Antennae Facilities as described on Exhibit C. antennae size shall be limited to dimensions shown on the plans approved by Landlord, pursuant to CUP 2003-5, as approved by National City Planning Commission Resolution No. 9-2003. c. - Tenant's installation of all such Antennae Facilities shall be done according to plans approved by Landlord. Any damage done to the Leased Premises during installation and/or during operations shall be repaired or replaced immediately at Tenant's expense and to Landlord's sole satisfaction. In connection with the installation and operation of the Antennae Facilities, Tenant shall not locate or attach any antennae on other equipment to the Leased Premises without an approved Building Permit from and in written approval of the Director of Building and Safety or his designee. The installation methods for attaching antennas or other equipment to the Tenant's installations, facilities or equipment must be done in a manner that poses no threat of damage or injury to other City 5 property or users of the Property. Tenant shall pay all cost and expenses in relation to maintaining the integrity of Landlord's property in connection with Tenant's installation and operations of the Antennae Facilities. Tenant shall install temporary fencing upon the Leased Premises during such times as the installation or removal Of the Antennae Facilities is taking place, and shall remove such temporary fencing upon the completion of installation or removal, all at Tenant's sole cost and expense. d. Within thirty (30) days after Commencement Date, Tenant shall provide Landlord with as -built drawings of the Antennae Facilities and the improvements installed on the Leased Premises, which show the actual location of all equipment and improvements consistent with Exhibit C. said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antennae Facilities. e. Tenant shall provide Landlord with copies of all tests reports, and records pertaining to the equipment, which are conducted by or on behalf of Tenant within thirty (30) days after finalization of each test, record, or report. f. Any change to Tenant's approved antennae type, number of antennas, antennae location and/or change in transmitter type and power output shall, at the sole expense of Tenant, be made in accordance with applicable regulations issued by the FCC and/or the California Public Utilities Commission (CPUC). Each and every contractor, subcontractor and/or supplier shall have or obtain a current National City Business License. The Business License is not required of any subcontractor or supplier who delivers material and/or equipment with the Tenant's contractor's, or subcontractor's vehicle of' with a common carrier. g. 8. Equipment Upgrade. Tenant may update or replace the Antennae Facilities from time to time with the prior written approval of Landlord, which will not be unreasonably withheld, delayed or denied, provided that (1) the replacement facilities are not materially greater in number or size that the existing facilities, (2) that any change in their location on the pole is approved in writing by Landlord and (3) that any modification is in compliance with CUP 2003-5, as approved by National City Planning Commission Resolution No. 9-2003. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. 9. Maintenance and Operations. a. Tenant shall, at its own expense, maintain the Leased Premises in a safe condition, and in good repair so as to not to conflict with the use of or leasing of the remainder of the Landlord's Property by Landlord. b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antennae Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 6 c. Tenant shall keep the Leased Premises free of graffiti, debris and anything of a dangerous noxious or offensive nature or which create a hazard or undue vibration, heat, noise or interference. d. In the event Landlord or another tenant of Landlord's undertakes painting, construction or other alterations in the vicinity of the Leased Property, upon receipt of written notice al least five (5) business days in advance of the painting, construction or other alterations, Tenant shall take reasonable measures at Tenant's cost to cover Tenant's equipment, personal property or Antennae Facilities and protect such from paint and debris fallout which may occur during painting, construction or alteration process. 10. Premises Access. a. Tenant is hereby given and granted a license for ingress and egress to the Leased Premises over, upon, and across adjoining lands and easements owned by Landlord as may be required for the purpose of erection, installation, maintenance and removal of Tenant's Antennae Facilities (the "Access Easement"). Such license shall be over existing roads. b. Upon prior written approval of Landlord, Landlord agrees to grant to Tenant or to such Utility Companies which Tenant shall designate, an Encroachment Permit for such utilities as Tenant deems necessary to serve the Leased Premises. Said Encroachment Permit shall be for the installation and maintenance of necessary utilities from the point of the connection with the Utility Companies' distribution network to Tenant's facilities. The Encroachment Permit shall be over, under or across such portion of Landlord's Property as is reasonably necessary for the installation, maintenance and/or repair of such utility services, provided that such access doe not materially interfere with Landlord's normal use of Landlord's Property, and provided further that it shall be consistent with the plans approved by National City Planning Commission Resolution No. 9-2003 c. Landlord will have access to the Leased Premises at all times and may examine and inspect the Tenant's facilities for safety reasons or to ensure that the Tenant's covenants are being met. In exercising this right of access to the Leased Premises, Landlord and its employees, agents or contractors shall not damage nor interfere with Tenant's equipment or ongoing operations therein. 11. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall timely pay all costs associated herein. 12. Permits and Business License Fees. Tenants shall pay, as they become due and payable, all business license taxes, fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant" use of the Leased Premises. 13. Approvals -Compliance With Laws. Tenant's use of the Leased Premises is.contingent upon its obtaining certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its 7 Antennae Facilities in accordance with site standards, statutes, ordinances, the provisions of CUP 2003-5, as approved by National City Planning Commission Resolution No. 9- 2003 and the rules and regulations now in effect or that may be issued thereafter by the FCC, or any other governing bodies. 14. Interference. Tenant's installation, operation and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's operations or related repair and maintenance activities on the remainder of Landlord's Property who were in possession of that Property prior to the commencement date of such interference; provided, however, that issues of radio frequency interference with the operations of any other tenants on Landlord's Property that are communications carriers are deemed covered by the provisions of Section 5.a and 5.b of this Lease. Tenant agrees to cease all such actions that interfere with Landlord's use of the remainder of Landlord's Property as a Park and Baseball Field promptly upon actual notice of such interference; provided, however, in such case, Tenant shall have the right to terminate the Lease and remove all of its equipment, personal property, Antennae Facilities and leasehold improvements and to get refund of the balance of prepaid rent. Before approving the placement of Antennae Facilities, Landlord may obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Leased Premises and an engineering study indicating whether the Leased Premises' soil conditions are able to structurally support Tenant's Antennae Facilities without prejudice to the Landlord's primary use of the remainder of the Landlord's Property. Tenant's use and operation of its facilities shall not interfere with the use and operation of other communication facilities existing on the Property as of the Commencement Date. If Tenant's facilities cause interference, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within thirty (30) days, Landlord may terminate this Lease. 15. Default by Tenant and Landlord's Remedies. It shall be a default if Tenant fails to pay Rent or any other sums to Landlord when due, and does not cure such default within ten (10) days; or if Tenant defaults in the performance of any other covenant or conditions of this Lease and does not cure such other default within thirty (30) days after written notice from Landlord specifying the default complained of; provided, however, that if the nature of Tenant's default of a non -monetary obligation is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently pursues such cure to completion; or if Tenant abandons or vacates the Leased Premises; or if Tenant is adjudicated a bankrupt or makes any assignment for the benefit of creditors; or if Tenant becomes insolvent. If suit shall be brought by Landlord for recovery of possession of the property for the recovery of any rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant, Tenant shall pay to Landlord all expenses .incurred therefor, including reasonable attorney's fees, provided that Landlord is the substantially prevailing party in said suit. 8 16. Cured by Landlord. In the event of a default, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have by operation of law, without any further demand of notice, either: (a) terminate Tenant's right to possession of the Leased Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession to Landlord. In such event, Landlord shall be entitled to recover from Tenant (i) the amount of the unpaid rent accrued through the date of termination, (ii) the worth at the time of award of the amount by which the unpaid rent reserved for the balance of the term exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided (net the costs of reletting), and (iii) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under the Lease; or (b) pursue any other remedy now or hereafter available under the laws or judicial decisions of the State of California. 17. Optional Termination. This Lease may be terminated by: a. Tenant, if it determines that it is no longer practical to use the Leased Premises for its intended purpose; b. Tenant, if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antennae Facilities or Tenant's business; c. Landlord, if Tenant is in default under this Lease; d. Landlord, upon ninety (90) days' written notice to Tenant, if Landlord determines, in its sole discretion, that the Leased Premises are needed for a public Purpose. In the event of such determination, Landlord shall reimburse Tenant 1) the Fair Market Value of all improvements installed by Tenant on the Leased Premises, as determined by an independent qualified appraiser retained. by Landlord and subject to Tenant's reasonable approval; and 2) the amount of any Rent pre -paid by Tenant. 18. Liquidated Damages -Termination. Notice of Tenant's termination pursuant to paragraph 17(a) or (b) shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. All rentals paid for the Lease of the Property prior to said termination date shall be retained by Landlord. Upon termination of this Lease by either party, this Lease shall terminate for all purposes and the parties shall have no further obligations to each other. 19 Alteration, damage or Destruction. If the Leased Premises or any portion thereof is altered, destroyed or damaged so as to a materially hinder effective use of the Antennae Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. In such event, Tenant shall within ninety (90) days remove the Antennae Facilities and all other of its property from the Leased Premises and shall restore the Leased Premises, including reinstallation or replacement with comparable substitute of the existing lightstand, to the same condition as existed prior to this Lease. Upon the completion of such removal and restoration all rights and obligations of the parties shall cease as of the date of the alteration, damage or 9 destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. Landlord shall have no obligation to undertake any repair to Tenant's Antennae Facilities or other personal property of Tenant. 20 Condemnation. In the event that all or part of the Leased Premises or any interest of Tenant in the Leased Premises is taken by eminent domain by the City of National City or any other governmental agency, quasi -governmental agency or other public body thereby making it physically or financially unfeasible, as determined by Tenant in its sole discretion, for the Leased Premises to be used in the manner it was intended to be used by Tenant under this Lease, Tenant shall have the right to terminate this Lease effective as of the date the condemning agency takes possession of the Leased Premises, and the rent shall be equitably prorated. Tenant shall not be entitled to any portion of the award paid for the taking, (except for Antennae Facilities, other communications equipment, leasehold and personal property of Tenant), and Landlord shall receive the remainder of such award. Tenant hereby expressly waives any right of claim for loss of business or goodwill. All damages awarded as compensation for diminution in value of the leasehold or to the Landlord's Property shall belong to the Landlord. If only a portion of the Leased Premises is taken by eminent domain, and Tenant elects not to terminate this Lease under this provision, then rental payments provided under this Lease shall be reduced proportionally as to the portion taken which is not then usable by Tenant and this Lease shall continue in effect. 21 Indemnity and Insurance. a. Disclaimer of Liability. Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Leased Premises or Tenant's Antennae Facilities. b. Indemnification. Tenant shall, at its sole cost and expense, defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, nv agents, attorneys, and contractors (hereinafter referred to as "Indenitees"), from and against: Any and all liability, obligation, damages, penalties claims, lien, costs, charges, loses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Leased Premises or Tenant's Antennae Facilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. 10 Any and all liabilities, obligations, damages, penalties, claims, liens, costs charges, losses and expenses (including without limitations, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Leased Premises or Tenant's Antennae Facilities, and, upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded within thirty (30) days following such request. iii. Any and all liability, obligation, damages, penalties, claims liens costs, charges losses and expense (including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any financing or securities offering by Tenant or its affiliates for violation of the common law or any laws, statutes, or regulations of the State of California, or United States, including those of the Federal Securities and exchange Commission, whether by Tenant or otherwise. iv. Tenant's obligations to indemnify Indemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the sole negligence or willful misconduct of one or more Indemnitees. c. Assumption of Risk. Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risk of dangerous conditions, if any, on or about the Leased Premises, and Tenant hereby agrees to indemnify and hold harmless the Landlord against and from any claim asserted or liability imposed upon the Indemnitees for personal injury or property damage to any person (other than from Indemnitee's gross negligence or willful misconduct) arising out of the Tenant's installation, operation, maintenance, condition or use of the Building or Tenant's Antennae Facilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of Landlord. In the event any action or proceeding shall be brought against the landlord by reason of any matter for which the Landlord is indemnified hereunder, Tenant shall, upon notice from Landlord, at Tenant's sole cost and expense, resist and defend the same with legal counsel mutually selected by Tenant and Landlord; provided however, that Tenant shall not admit liability in any such matter on behalf of the Landlord without the written consent of Landlord and provided further that Landlord shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the commencements of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be 11 deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. f. Insurance. During the term of the Lease, Tenant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. ii Comprehensive commercial general liability insurance with minimum limits of Three Million Dollars ($3,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils f explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or accidental to the installation of the Antennae Facilities. Upon completion of the installation of the Antennae Facilities, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Antennae Facilities. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. Business interruption insurance coverage in an amount sufficient to cover such loss of revenues, for the period of time which it would take, under normal circumstances, to repair or replace that part(s) of the Antennae Facilities which is damaged and caused the loss of revenue. vi. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. vii. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. 12 g. viii. Tenant shall furnish certificates of insurance to Landlord before commencement of work. Named Insureds. All policies, except for business interruption and worker's compensation policies, shall name Landlord and its officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"). Each policy which is to be endorsed to add Additional Insureds, shall contain cross -liability wording, as follows: "In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be in the same manner as if separate policies had been issued to each insured hereunder." h. Evidence of Insurance. Certificates of insurance of each insurance policy required to be obtained by Tenant in compliance with this insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Landlord annually during the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: J• "At least sixty (60) days prior written notice shall be given to Landlord by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Lease." Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approved list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be ratgGl A+ or better by A.M. Best Company. k. Deductibles. All insurance policies may be written with deductibles, not to exceed $50,000 unless approved in advance by Landlord. Tenant agrees to indemnify and save harmless Landlord, the Indemnitees and Additional Insured from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by this Lease. 1. Contractors. Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises to carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Landlord may review the insurance coverages to be 13 carried by Tenant. If landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. 22. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Leased Premises herein will not generate any hazardous substance, and it will not store or dispose on the Leased Premises nor transport to or over the Building any hazardous substance. Tenant shall be allowed to store on site the number of batteries as shown on the plans approved pursuant to CUP 2003-5. The batteries shown on the plans are to be used for emergency backup power. No additional batteries may be stored on the site without the prior written approval of Landlord. Tenant further agrees to defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents and contractors from, and remediate the property from, any release of any such hazardous substance by Tenant or anyone acting on behalf of Tenant, and any damage, loss or expense or liability resulting from such release by Tenant or anyone acting on behalf of Tenant, including all attorney's fees, costs and penalties incurred as a result thereof, except any release caused by the negligence of Landlord, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations, or rules may be amended from time to time; and shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 23. Electric Magnetic Field (EMF) Indemnification. Tenant shall comply with all present and future laws, orders, and regulations relating to Electromagnetic Fields ("EMFs"), and the American National Standard Institute (ANSI) standards. Tenant, on behalf of itself and its successors and assigns, shall defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents and contractors from and against all claims of injuries due to EMFs to the extend such personal injuries are asserted to be caused by Lessee's Antennae Facilities on the Leased Premises, with Tenant's obligation to include payment of Lessor's reasonable attorney fees and costs. Landlord and Tenant 4 shall mutually select the attorney to defend against all such claims. 24. Cathodic Interference Protection. Tenant has been advised and understands and agrees not to create any interference of any kind with the City's signals and further agrees to immediately correct any interference that may result from Tenant's equipment or to immediately cease all operations of Tenant's equipment until non-interference with the City's signals have has been obtained to the satisfaction of the City Manager or his designee. 25. Holding Over. Any holding over after the expiration of the term hereof, with the consent of Landlord, shall be construed to be tenancy from month to month at two times the rent herein specified (prorated on a monthly basis) and shall otherwise be under the conditions specified in this lease agreement, so far as applicable. 26. Subordination to Mortgage. Any mortgage now or subsequently placed upon any properties of which the Leased Premises is a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in 14 the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination. 27. Signing Deposit. With the execution of this Lease, Tenant shall pay Landlord the non- refundable sum of $2,000 as a signing deposit to guarantee Tenant's faithful performance, in liu of a security deposit. Receipt by Landlord of the signing deposit shall not bar Landlord from pursuing its remedies under Section 15 if Tenant defaults in its obligation and duties under this lease. 28. Acceptance of Premises. By taking possession of the Leased Premises, Tenant accepts the Leased Premises in the condition existing as of the Commencement date. Landlord makes no representations or warranty as to the condition of the Leased Premises, and Landlord shall not be liable for any latent or patent defect in the Leased Premises, except as otherwise stated herein. 29. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than ten (10) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force; (b) the dates to which rent and other charges have been paid; (c) for as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. 30. Notices. All notices, request, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Landlord, to: With a copy to: If to Tenant: With a Copy to: City Manager City of National City 1243 National City Boulevard National City, CA 91950 Stephen M. Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 Cingular Wireless Network Real State 6100 Atlantic Boulevard-GANO2 Norcross, GA 30071 Cingular Wireless Attn: Lease Administrator 6170 Cornerstone Court, Ste. 180 San Diego, CA 92121 15 31. Assignment. a. Tenant may not assign this Lease or sublease the Leased Premises at any time without Landlord's consent. b. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity that may be in competition with Tenant, or any other party. 32. Successors and Assigns. This lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 33. Recordation. This Lease may be recorded by either party hereto. 34. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representation or understandings of any kind not set forth herein. Any modifications of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of California. d. If any term of this Lease is found to be void or invalid, such invalidity shall not effect the remaining terms of this Lease, which shall continue in full force and effect. 35 Quiet Possession. The Landlord hereby warrants and represents that there are no liens, encumbrance or exceptions to property title as of the date of this lease that would interfere with Tenant's rights hereunder and that Landlord has the legal right and title to enter into this Lease. 36 Memorandum of Lease. Following the execution of this Lease, either party at its sole expense, shall be entitled to record a "short form" Memorandum of Lease in the county in which the Leased Premises are located. 37 Fixtures. Landlord agrees that no part of the improvements constructed, erected or placed by Tenant on the Leased premises shall be or become, or be considered as being, affixed to, or part of Landlord's real property, and any and all provisions and principles of law to the contrary not withstanding, it being the specific intention of Landlord to covenant and agree that all improvements of every kind and nature constructed, erected, or placed by Tenant on the Premises, shall be and remain the property of the Tenant. 16 38 Environmental Conditions. Landlord hereby makes the following representation and warranties to Tenant, for the benefit of Tenant. a. Landlord is not aware of, and has not received notice of, the disposal or release or presence of hazardous substances, as defined under federal and state law, on the Leased Premises, the license for access granted herein, the Encroachment Permit for utilities, or the Landlord's Property. b. If during the term of this Lease or any extension thereof, it is determined that the Leased Premises, the license for access, the Encroachment Permit for utilities, or Landlord's Property is contaminated with Hazardous Substances, Tenant shall have the right, in addition to other rights and remedies, to terminate this Lease upon thirty (30) days' written notice to Landlord. This lease was executed as of the date first set forth above. LANDLORD TENANT City of National City By: Pacific Bell Wireless, LLC a a Nevada Limited Liability Company d/b/a Cingular Wireless By: GSM FACILITIES, LLC its sole member Title: By: CINGULAR WIRELESS, LLC, its agent APROVED AS TO FORM: George H. Eiser, III City Attorney By: Name: ark A. Appel Title: irector of Network Dat 17 4I13R3.,; wvimm.ratiatt,0,41, Kw ma 3man r 1� Y 'T11E000RE OR icool to6 VZV�d � ��ri��pRROfi LERHORN 33d33I EXHIBIT B LEGAL DESCRIPTION All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel A: The West Quarter of the East Half of S0 Acre Lot 1 in Quarter Section 130 of The Rancho De La Nation, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San, Diego County, on May 11, 1869. Excepting therefrom that portion thereof conveyed to the National School District by deed recorded on December 7, 1951 and filed in Book 4313., Page 483 and 484 of Official Records of San Diego County. Also excepting therefrom the Southerly 40 feet thereof lying within Fourth Street (also excepting therefrom any portion lying within the boundary of National Award Homes Unit No. 2 according to Map thereof No. 4370). Parcel B: That portion of the West Half of 80 Acre Lot 1, in Quarter Section 130 of The Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, on May 11, 1869 lying Northeasterly of the Northeasterly line of Interstate 805 (State Freeway 11-SD-805-10.9) as conveyed to the State of California by deed recorded on February 13, 1962 as File/Page No. 24766 of Official Records of said San Diego County. Excepting therefrom that portion thereof conveyed to the National School District by deed recorded on December 7, 1951 as filed in Book 4313, pages 483 and 484 of Official Records of San Diego County. Also excepting therefrom that portion thereof conveyed to California Water and Telephone Company by deed recorded on September 27, 1950 and filed in Book • 3795, page 292 of Official Records of said San Diego County. Also excepting therefrom the Southerly 40 feet thereof lying within Fourth Street. Parcel C: That portion of the Westerly Half of 80 Acre Lot 1 in Quarter Section 130 of The Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, as said portion was conveyed to the State of California by deed recorded February 13, 1962 as File/Page No. 24766 of Official Records of said County; lying Northeasterly of the Northeasterly right of way line of State Freeway 11-SD-805-10.9; said part hereby conveyed described as follows: Beginning at the Southwesterly corner of that Parcel of land conveyed to the California Water and Telephone Company by deed recorded September 27, 1950, in Book 3795, page 292 of Official Records of said County; thence along the following numbered courses: (1) along the Southerly line of said California Water and Telephone Company Land North 72°13'21" East, 55.06 Feet to the Easterly re of said state land; (2) along last said line South 40°00'14" East, 415.79 feet to said Northeasterly right of way line; along last said line the following two courses: (3) North 48'46'48" West, 14.71 feet; (4) North 46'35'20" West, 424.90 feet to the Point of Beginning. %G EXHIBIT C SITE PLANS (ATTACIELD) �ll GENERAL SPECIFICATIONS PROPOSED CIRCULAR WIRELESS ANTENNAS AND TMA URNS MOUNTED ON A NEW 104'-O" HIGH UM' STANDARD. REMOVE DUSTING UGHT STANDARD. PROPOSED CIRCULAR WIRELESS 10'-0" a SOUIPMET S IT 'WITH STUCCO FINISH ON CONCRETE SLAB. (SHOWN SHADED) 77 13_ 21' E 152.00' PROPERTY UNE TYPICAL) 572 14' 09'W SECTOR C AZIMUTH 240' V• 'LA EXISTING BALL FIELD AND FENCEUNE P SITE PLAN BGIEI""80� EXISTING LIGHT STANDARD TO BE REMOVED SECTOR A AZIMUTH C EXISTING SHACK BAR AND STORAGE BUILDING EXISTING AETANING WALL EXISTING AT&T WIRELESS EQUIPMENT BUILDING 716.16' • B 100.f56- at- m ETU511RG LIGHT STANDARD EXISTING AT&T WIRELESS ANTENNAS MOUNTED ON UGHT STANDARD SECTOR B AZIMUTH 12P EXISTING BASF -HMI DIAMOND EXISTING BUILDINGS N 71' 59' 41'E 4TH STREET V U z 2 y ' EXISTING SOG&E TRANSFORMER (POWER SERVICE CONNECTOR) INSTAL 1ESC0 PEDESTAL WITH SOG&E MEIER ADJACENT TO EXISTING METERS EXISTING UTILITY POLE. Taco SERVICE CONNECTION) BENCHMARK: CITY OF NATIONAL CITY BRASS PLUG LOCATED AT THE SOUTHEAST CORNER OF FIRST STREET AND U' AVENUE ELEVATION 93.52' (MEW SEA LEVEL H.G.V.D. 1929). BOUNDARY NOTE THE PROJECT BOUNDARY SHOWN ON THIS DRAWING IS APPROXIMATE AND IS SHOWN FOR RLtAHEICE ONLY. A BOUNDARY SURVEY WAS NOT PERFORMED BY CHRISTENSEN ENGINEERING ANO SURVEYING 1. THE LATEST EDITION OF THE AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A201 "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' ARE INCLUDED IN THESE SPECIRCATONS AS IF COMPLETELY REPRODUCED HEREIN. 2 THIS FACILITY IS AN UNOCCUPIED PCS TELECOMMUNICATIONS SITE AND IS EXEMPT FROM DISABLED ACCESS REQUIREMENTS. 3. PRIOR TO THE SUBMISSION OF BIDS, THE CONTRACTORS PARTICIPATING SHALL VISIT THE JOB SITE AND FAMILIARIZE THEMSELVES WITH AL FIELD CONOMONS AFFECTING THE PROPOSED PROJECT INCLUDING DEMOLITION, ELECTRICAL. MECHANICAL AND STRUCTURAL INSTALLATIONS, AS WELL AS WITH THE CONSTRUCTION AND CONTRACT DOCUMENTS ANO SHALL CONFIRM THAT THE PROJECT CAN BE ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTION. SHOULD ANY ERRORS, OMISSION. OR DISCREPANCIES BE FOUND, THE GENERAL CONTRACTOR SHALL IMMEDIATELY NOTIFY CIRCULAR WIRELESS CONSTRUCTION MANAGER AND THE ARCHITECT IN WRITNG. IN THE EVENT OF DISCREPANCIES THE CONTRACTOR SHALL INCLUDE THE MORE COSTLY OR EXTDISNE WORK IN THE BID, UNLESS SPECIFICALLY DIRECTED OTHERWISE. IF A DISCREPANCY COSTS AND THE PROJECT MANAGER AND ARCHITECT ARE NOT NOTIFIED, THE GENERAL CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ALL COSTS INCURRED TO REPAIR OR CORRECT ALL PROBLEMS THAT RESULT. 4. DRAWINGS SNAIL NOT BE ROM FD. THESE DRAWINGS ARE INTENDED TO BE DIAGRAMMATIC ONLY. FIGURED DIMENSIONS HAVE PRECEDENCE OVER DRAWING SCALE AND DETAIL. DRAWINGS HAVE PRECEDENCE OVER SMALL SCALE DRAWINGS. CONTRACTOR SHALL CHECK ACCURACY OF ALL DIMENSIONS IN THE RED. UNLESS SPECIFICALLY NOTED. DO NOT FABRICATE ANY MAIFANLS. OR BEGIN ANY CONSTRUCTION UNTIL THE ACCURACY OF DRAWING DIMENSIONS HAS BEEN VERIFIED AGAINST ACTUAL FIELD DIMENSIONS. 5. THE CONTRACTOR SHALL INCLUDE IN HIS OR HER BID ALL MATERIALS, EQUIPMENT. APPURTENANCES AND LABOR NECESSARY TO COMPLETE THE WORK AS INDICATED OR IMPLIED BY THESE DRAWINGS. 4 CONTRACTOR SHAM. NOTIFY THE CIRCULAR WIRELESS CONSTRUCTION MANAGER, THE PROPERTY OWNER AND THE ARCHITECT IF ANY DETAILS ARE CONSIDERED IMPRACTICAL, UNSUITABLE UNSAFE. NOT WATERPROOF. OR NOT WITHIN CUSTOMARY TRADE PRACTICE. IF WORK IS PERFORMED. IT WILL BE ASSUMED TENT THERE IS NO OBJECTION TO ANY DETAIL. DETAILS ARE INTENDED To SHOW THE END RESULT OF THE DESIGN. MINOR MODIFICATIONS MAY BE REQUIRED TO SUIT JOB CONDITIONS, AND SHALL BE INCLUDED AS PART OF THE WORK. 7. COSTING ELEVATIONS AND LOCATIONS TO BE JOMED SHALL BE VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION. IF THEY DIFFER FROM THOSE SHOWN ON THE PLANS, THE CONTRACTOR SHALL NOTIFY THE CIRCULAR WIRELESS CONSTRUCTION MANAGER AND THE ARCHITECT 50 THAT MODIFICATIONS CM BE MADE BEFORE PROCEEDING WITH THE WORK. B. THE CONTRACTOR SHALL VERIFY ALL TELEPHONE & RADIO EQUIPMENT LAYOUTS. SPECIFICATIONS, PERFORMANCE, INSTALLATION AND ANAL LOCATIONS WITH ONQRAR WMRElESS CONSTRUCTION MANAGER PRIOR TO SCORNING WORK. THE CONTRACTOR SWAN. BE RESPONSIBLE FOR COORDINATING HIS WORK WITH ERICSSON RADIO SFSIUAS. 9. ALL SYMBOLS AND ABBREVWTONS USED ON THE DRAWINGS ME CONSIDERED CONSTRUCTION STANDARDS. IF THE CONTRACTOR WAS QUESTIONS REGARDING TIER EXACT MEANING, THE CIRCULAR WIRELESS CONSTRUCTION MANAGER AND THE ARCHITECT SHAD, BE NOTIFIED FOR CLARIFICATION BEFORE THE CONTRACTOR PROCEEDS WITH THE WORK. 10. THE CONTRACTOR STALL. OBTAIN AND PAY FOR PERMITS, LICENSES AND INSPECTIONS NECESSARY FOR PERFORMANCE OF THE WORK AND INCLUDE THOSE IN THE COST OF THE WORK TO CIRCULAR WIRELESS 11. THE CONTRACTOR SHALL PROVIDE CONTINUOUS SUPERVISION WHILE ANY SUBCONTRACTORS OR WORKMEN ME ON THE SITE AND SHALL SUPERVISE AND DIRECT ALL WORK. USING HIS BEST SKILL AND ATTENTION. HE SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS. TECHNIQUES, PROCEDURES AND SEQUENCES AND FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT. 12 WORKMANSHIP THROUGHOUT SHALL BE OF THE BEST QUALITY OF THE TRADE INVOLVED. AND SHALL MEET OR EXCEED THE FOLLOWING MINIMUM REFERENCE STANDARDS FOR QUALITY AND PROFESSIONAL CONSTRUCTION PRACTICE NRCA NATIONAL ROOFING CONTRACTORS ASSOCIATION O'HARE INTERNATIONAL CENTER 10255 W. HIGGENS ROAD, SUITE 600 ROSEMONT. IL 60018 SMACNA SHEET METAL AND MR CONDITIONING CONTRACTORS NATIONAL ASSOCIATION 4201 LAFAYETTE CENTER DRNE CHATILLY. VA 22021-1209 MP INTERNATIONAL INSRYUTE FON LATH AND PLASTER 820 TRANSFER ROAD ST. PAUL MN 55114-14118 13. INSTALL ALL EQUIPMENT AND MAMMAS PER THE LATEST EDITION OF THE MANUFACTURER'S INSTALLATION SPECIFICATIONS UNLESS SPECIFICALLY OTHERWISE INDICATED, OR WHERE LOCAL CODES OR REGULATIONS TAKE PRECEDENCE. 14. THE CONTRACTOR SHALL VERIFY. COORDINATE. AND PROVIDE ALL NECESSARY BLOCKING, BALKING. FRAMING. HANGERS OR OTHER SUPPORTS FOR ALL ITEMS REQUIRING THE SAME 15. THE CONTRACTOR AND ALL SUBCONTRACTORS SHWA ONE ALL NOTICES AND SHALL COMPLY WITH ALL APPLICABLE LOCAL CODES, REGULATIONS. LAWS AND ORDINANCES AS WELL AS STATE DEPARTMENT OFF INDUSTRIAL REGULATIONS AND DMSION OF INDUSTRIAL SAFETY (OSHA) REQUIREMENTS. 16. THE CONTRACTOR SHALL PROTECT THE PROPERTY OWNERS, AND CIRCULAR WIRELESS PROPERTY FROM DAMAGE WHICH MAY OCCUR DURING CONSTRUCTION. ANY DAMAGE TO NEW AND DOSING FINISHES. CONSTRUCTION, STRUCTURE LANDSCAPING. CURBS, STAIRS, OR EQUIPMENT, ETC. SHALL BE IMMEDIATELY REPRRED OR REPLACED TO THE SATISFACTION OF CIRCULAR WIRELESS, AND THE PROPERTY OWNER, OR THE OWNER'S REPRESENTATIVE. AT THE EXPENSE OF THE CONTRACTOR. 17. THE CONTRACTOR SHALL BE RESPONSIBLE FOR. AND SHALL REPLACE OR REMEDY, ANY FAULTY, IMPROPER, OR INFERIOR IMTFRMLS OR WORKMANSHIP OR ANY DAMAGE WHICH SHALL APPEAR WITHIN ONE YEAR AFTER THE COMPLETION AND ACCEPTANCE OF THE WORK EN CNGULM WIRELESS UNDER THIS CONTRACT. 18. R SHALL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO LOCATE ALL EXISTING MUTES. OR CONTACT AN OUTSIDE AGENCY TO LOCATE ALL EXISTING UTILITIES. WHETHER SHOWN HEREIN OR NOT, AND TO PROTECT THEM FROM DAMAGE THE CONTRACTOR SHALL BEM ALL EXPENSES FOR REPAIR OR REPLACEMENT OF UTILITIES OR OTHER PROPERTY DAMAGED IN CONJUNCTION WITH THE EXECUTION OF WORK. 19. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE SECURITY OF THE PROJECT SITE WHILE THE JOB IS IN PROGRESS AND UNTIL THE JOB IS COMPLETE) AND ACCEPTED EY CINGULM WIRELESS PROPRIETARY INFORMKRCN THE NFVRWTION CCNFAMD N MS ST E4 DORN LIXVYENTS 5 VRJVRIETA% PY 1UNRE flit USE OR DR'LISURE OTTER 11YN TIYT MITER RELATES CO ONCVIAV MRFl—'ti5 6 01501EY POSTI9RD. B I ARCH11-1 lEVi ea PLAIIIIITIC a OT AR, C,nn, n .., 'TA , 0.01'J' PREPARED FOR x cingular ��cuu 6170 CORNERSTONE CT., SUITE 180 SAN DIEGO, CA 92121 APPROVALS DATE ZONING SATE CONSTRUCTION DATE SITE ACOUISITION OWNER APPROVAL DATE SATE PROJECT NAME ELTOYAN PARK PROJECT NUMBER SD-534-01 2005 EAST FOURTH STREET NATIONAL CITY, CA 91950 SAN DIEGO /29/03 2/S/03 4/B/03 4/15/03 DRAWING DATES PRELIM ZO REVIEW (JA9) FINAL ZG REVIEW (janI,) PRELIM CD REVIEW (JAB) FINAL CO REVIEW (JAB) SHEET TITLE SITE PLAN GENERAL SPECIFICATIONS PROJECTS \cinqula,\03002cO\03O02cAU.DWG A-4 PROPOSED CIRCULAR WIRE FCS ANTENNAS AND LNA UNITS MOUNTED ON A 104' 0' HIGH uGHT STANDARD. TOP OF ANTENNAS PROPOSED UGHT STANDARO- FOR 0NGNM WIRELESS LIGHT STANDARD SHALL HAVE A REFLECTIVE FINISH MATCHING OTHER COSTING LIGHTS IN THE PARK PROPOSED ANGULAR WIRELESS 10.-0' a 16'-0' WOOD FRAMED EQUIPMENT SHELTER WITH STUCCO FINISH ON CONCRETE SLAB. (SHOWN SHADED) SEE ENLARGED ELEVATIONS BELOW A° PROPOSED 7'-0' HIGH WROUGHT IRON FENCE To "LATCH EXISTING RELOCATED LIGHT FIXTURES TOP OF POLE EXISTING LIGHT FIXTURES TO BE RELOCATED TO NEW LIGHT STANDARD (SHOWN DASHED) RDA0VE EXISITNC UGM STANDARD (SHOWN DASHED) rCOSTING TREES TO REMAIN (TYPICAL) SOUTH ELEVATION 6 ,l tfr.1•r PROPOSED UGHT STANDARD �-PROPOSED LIGHT STANDARD FOR FOR 0NGULAR WIRELESS COSTING LIGHT STANDARD 70 BE REMOVED (SHOWN DASHED) PROPOSED CIRCULAR WIRELESS 10'-0' 16'-0' W000 FRAMED EQUIPMENT SHELTER ON CONCRETE SUB. EXISTING GRADE PROPOSED 7-0' HIGH WROUGHT IRON FENCE TO MATCH EXISTING NORTH ELEVATION Brxeu-ra MIS ROOF WITH COMPOSITION ROOF SHINGLES EXTERIOR STUCCO FINISH (SHOWN 5HA5ED) CONCRETE STAB PROPOSED 42' HIGH GUARDRAIL PROPOSE) 7'-0' HIGH WROUGHT IRON FENCE TO MATCH EXISTING COSTING CHNNUNK FENCE AT TOP OF SLOPED EMBANKMENT 11111111 111111111 IXISTNG RETNNINC WALL EXISTING GRADE DUSTING SLOPED EMBANKMENT COSTING SHACK BAR AND STORAGE BUILDING TO REM6JN PROPOSED UGHT STANDARD FOR ANGULAR WIRELESS EXISTING UCHT STANDARD ID BE REMOVED (SHOWN DASHED) IPROPOSED CIRCULAR WIRELESS 16'-0' WOOD FRAMED EQUIPMENT SHELTER ON CONCRETE SLAB. f.PREIFILE OFNG �'j,'MI BUILDING ASHED) ROUND III\II _ _ — PROPOSED WAIL MOUNTED AIR CONDITIONER UNITS PROPOSED TELCO SPLICE BOX O ;� iiusesl •EyIS11NG AT&T WIRELESS ANTENNAS EXISTING SLOPED EMBANKMENT (BEYOND) COSTING TELECOMMUNICATIONS EQUIPMENT ROOM FOR AT&T WIRE FN.' c (NOT PART OF THIS APPLICATION) COSTING UCHT STANDARD FOR AT&T WIRE rtS 10 RELNN (NOT PART OF THIS MPUCATION) ELECTRICAL CONTROL PANEL PROPOSED LUG BOX' FOR EMERGENCY GENERATOR CONNECTION PROPOSED 42' HIGH GUARDRAIL PHOP05E0 7'-0' HIGH WROUGHT IRON FENCE AND GATE TO MATCH IXI511NG WALL MOUNTED UGHT FIXTURE Sittl 000R AND MANE EAuST ELEVATION SOUTH ELEVATION BOLE . I' 6CHP OUlr.1•a PROPOSED UCHT STANDARD FOR CIRCULAR WIRE FSS ATTIC VEER COSTING CONCRETE BLOC( RETAINING WALL TO RFMNN EXTERIOR STUCCO FINISH (SHOWN SHAOEp) PROPOSED 42' HIGH GUAAORAL WEST ELEVATION rLF DOSING SHACK BAR AND STORAGE BUILDING TO REMAIN PROPOSED TELCO SPUCE BOX ARC=NITECTUAE .. PLANNI . .n , •,„, ..� � 9E PREPARED FOR X cin ular- wiR5L055 6170 CORNERSTONE CT., SUITE 1H0 SAN DIEGO. CA 92121 APPROVALS DATE ZONING DATE CONSTRUCTION DATE SITE ACOV151T10N DATE OWNER APPROVAL DATE PROJECT NAME EL TOYAN PARK PROJECT NUMDER SD-534-01 2005 EAST FOURTH STREET NATIONAL CITY, CA 91950 SAN DIEGO DRAWING DATES 1/29/D3 PRELIM ZO REVIEW (JAB) 2/5/03 FINAL ZD REVIEW (jmk) 4/8/03 PRELIM CD REVIEW (JAB) 4/16/03 FINAL CO (JAB) SHEET TITLE EXTERIOR ELEVATIONS PROJECTS \c[n1,.1a.\03002ctl\0300ZcAO.DWG A-6 EXHIBIT D PLANNING DEPARTMENT RESOLUTION (ATTACHED) ,3 RESOLUTION NO. 9-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN EL TOYON PARK, AT 2005 E. 4TH STREET APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2003-5 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility in El Toyon Park, at 2005 E. 4th Street at a duly advertised public hearing held on April 7, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-5 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures 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 7, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small 160 square foot facility can easily be accommodated within this 10.3 acre portion of the park. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the facility will typically be visited one to two times per month and can be accessed by an existing paved service road from U Avenue, a residential collector street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the facility is designed to be no more obtrusive than the light poles in the park. Additionally, the equipment enclosure has been designed to be compatible with the adjacent snack shop. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: of 1. This Conditional Use Permit authorizes the construction and OOS E. 4operation oft. a wireless as communications facility up to 104 feet tall in El Toyon Park, required by conditions of approval,Casel pFile no. CUP 200s submitted for 3-S�Addii Additional associated nnasthe may be shall conform with Exhibit A, approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. Case File no. CUP 2003 5, 2. Plans submitted for all permits shall be consistent with Exhibit B, dated 3/26/2003. 3. Plans submitted for the equipment enclosure shall specify that it should note be that the standard tanda d constriction and not a modular building. Additionally, plans materials and colors will be compatible with the existing accessory structures in the park. 4. Plans should note that the new pole and antennas will be painted with non -reflective paint to match the existing poles. unication S. The permitted shall not ebiro ectosite, p ov'ded suchohared usefacilities does nof tler result n substantial companies and sharing th p � technical or quality -of -service impairment for the permitted use. In the event ardisputte arises n with regard to co -locating with other existing or potential users, the City y q d party technical study at the expense of either or both the applicant loratr he complaining proposal it user. is This condition in no way obligates the City to approve any determined by the City not to be desirable in a specific case. 6. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 9. Cingular Wireless shall obtain an approved lease agreement with the City of National City prior to the construction of the wireless communications facility. 10. Plans submitted for all permits shall include a fire suppression system approved by the National City Fire Department. 11. Before this Conditional Use Permit shall become effective, the applicant shall signand 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. <2 12. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 21, 2003, by the following vote: AYES: PRUITT, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: CARRILLO DATE (MMIDDIYY) INSR I TO ^RODUCER ACORD.. CERTIFICATE OF LIABILITY INSURANCE 12/01/2003 I 05/28/2003 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CRTIFICATE DOESALTER THE THIS CQVERAGE AFFORDED BYO THE POLICIES BELOW. AMEND, EXTED OR LOCKTON INS.AGENCY OF DALLAS, INC. 717 N. HARWOOD, LB#27 DALLAS TX 75201 214-969-6700 INSURED Cingular Wireless, LLC 1024338 5565 Glenridge Connector, Suite 1800 Atlanta GA 30342 INSURERS AFFORDING COVERAGE INSURER A: Pacific Employers Insurance Company INSURER B National Union Fire Insurance Co. NsuRERc: Lexington Insurance Company INSURER 0 : Allied World Assurance INSURER E COVERAGES GO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGR ANY REQUIREMNT, TERM ORMAY PERTAIN, THE INSURANCECAONDITION OF ANY FFORD D BY THE POLICIES DESCRIBED HEREIN SE SUBJECT CT OR OTHER DOCUMNT WITH RESPECT ALL THE OTERMS, EXCLUICH THIS SIONSFAND CONDITIONS OF SDUCCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE DATE (11M100/1LY1 TYPE OF INSURANCE GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- P POLICY JECT LOC AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS I NON -OWNED AUTOS POLICY NUMBER HDOG20579274 SAH08003701 ALL STATES 12/01/2002 12/01/2002 DATE IMMIIDY O/YYl TION 12/01/2003 12/01/2003 LIMITS EACH OCCURRENCE 1,000.000 FIRE DAMAGE (Any one fire) XXXXXXX MED EXP (Any one person) Excluded PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ I0,000,000 PRODUCTS - COMP/OP AGG S 1,000,000 COMBINED SINGLE LIMIT (Ea accident) S 2,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) s XXXXXXX s XXXXXXX $ XXXXXXX A C D -GARAGE LIABILITY ANY AUTO EXCESS LIABILITY OCCUR DEDUCTIBLE X RETENTION $ CLAIMS MADE UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER All Risk Property Replacement Cost NOT APPLICABLE 6E2859952 WLRC43503200 AOS SCFC43503248 WI 12/01/2002 12/01/2002 12/01/2002 12/01/2003 12/01/2003 12/01/2003 AUTO ONLY - EA ACCIDENT 5 XXXXXXX EA ACC .$. XXXXXXX OTHER THAN AUTO ONLY: AGG $ XXXXXXX EACH OCCURRENCE $ 5,000,000 AGGREGATE S 5 000 000 XXXXXXX WC STATU- X TORY I IMITS XXXXXXX OTH S XXXXXXX E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1.000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 1281650 AWAC 1281650 03/15/2003 03/15/2003 03/15/2004 03/15/2004 S1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICrLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Installing and Maintaining Equipment at SD-534-01 /EL Toyan Park. Location: EL Toyan Park/2005 East Fourth Street, National City, CA 91950. Lessor shall be named as Additional Insured. CERTIFICATE HOLDER X ADDITIONAL INSURED; INSURER LETTER' 1768000 City of National City Attn: Burton S. Meyers Public Works/Engineering Director 1243 National City Blvd. National City CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR —TO' MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIV © ACORD CORPORATION 1988 ACORD 25-S (7/97) City of National City, California COUNCIL AGENDA STATEMENT *Refer to Item #2 MEETING DATE August 5, 2003 AGENDA ITEM NO. 25 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 18 (ZONING) OF THE MUNICIPAL CODE CLARIFYING REQUIREMENTS REGARDING LANDSCAPING, PAVING OF FRONT YARDS, FENCING, PARKING, CONDITIONAL USE PERMITS, THE HISTORIC PROPERTIES LIST, SETBACKS FOR SINGLE-FAMILY HOME ADDITIONS, DAY CARE FACILITIES AND ADDITIONAL USES AND DEFINITIONS. (CITY INITIATED) CASE FILE NO. A-2003-2 PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning Department bg4o EXPLANATION The amendment is described in a separate agenda statement for a public hearing. In anticipation of Council approval after conducting the hearing, the attached ordinance has been drafted. Environmental Review Financial Statement N/A X N/A STAFF RECOMMENDATION Adopt the proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Ls__ Ordinance Resolution No. A-200 (9/80) ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING VARIOUS CHAPTERS OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE CLARIFYING REQUIREMENTS REGARDING LANDSCAPING, PAVING OF FRONT YARDS, FENCING, PARKING, CONDITIONAL USE PERMITS, THE HISTORIC PROPERTIES LIST, SETBACKS FOR SINGLE-FAMILY HOME ADDITIONS, DAY CARE FACILITIES AND ADDITIONAL USES AND DEFINITIONS Applicant: City Initiated Case No. A-2003-2 BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is hereby amended to read as follows: Section 1. That Chapter 18.04 is amended by adding Sections 18.04.051 and 18.04.607 to read as follows: 18.04.051 Assisted living facility. "Assisted Living Facility" means a complex that is designed to accommodate primarily the elderly but may accommodate others, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, but meals are provided in a central location. Units usually rent on a monthly basis. 18.04.607 Skilled nursing facility. "Skilled Nursing Facility" means an institution, or part of an institution, that provides licensed, skilled nursing care and related services for patients who require 24-hour medical, nursing or rehabilitative services. Section 2. That Chapter 18.04 is amended by amending Sections 18.04.240, 18.04.241 and 18.04.241.1 to read as follows: 18.04.240 Family day care home. "Family day care home" means a home which regularly provides care, protection and supervision of fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home, as defined in Sections 18.04.241 and 18.04.242. 18.04.241 Family day care home, large. "Large family day care home" means a home which provides family day care for 7 to 14 children, pursuant to chapter 18.83 of this title, including children under the age of ten years who reside at that home. 18.04.241.1 Family day care home, small. "Small family day care home" means a home which provides family day care to six or fewer children, including children under the age of ten years who .reside at that home, pursuant to chapter 18.83 of this title. "Small family day care home" also means a home that provides family day care to seven or eight children, including children under the age of ten years who reside at that home, provided that all of the conditions set forth in Section 18.83.031 are met. Section 3. That Chapter 18.14 is amended by amending Section 8.14.240, 18.14.390 and 8.14.420 to read as follows: 18.14.240 Front and side yard requirement variations. Front and side yards established by this title may be varied as follows in obtaining the minimum depth thereof: A through C — No change. D. For additions to a single-family home the Planning Director may approve reduced front, side or exterior side yard setbacks equal to those of the existing home. 18.14.390 Off-street parking —Minimum requirements. The minimum number of required off-street parking spaces for the residential zones are specified in Section 18.58.240. 18.14.420 Landscaping. A. No change. B. Landscaping for any residential use or development shall be installed in accordance with, and as required by, Chapter 18.54 and adopted guidelines. C. No change D. Paving of front yard areas for all residential zoned property, including single-family homes and all other housing, is prohibited, except for driveways, walkways and patio areas approved through site plan review or as part of a landscape plan. Section 4. That Chapter 18.16 is amended by amending Section 18.16.192 to read as follows: 18.16.192 Motels. A through E — No change. F. On -site parking shall be provided in accordance with Section 18.58.290. Section 5. That Chapter 18.30 is amended by amending Section 18.30.110 to read as follows: 18.30.110 Off-street parking. Off-street parking shall conform with the requirements for specific residential uses and zones as outlined in Chapter 18.58. In addition, the total available parking space, including on -street parking spaces within a planned unit development, or on the same side of a public street abutting a planned unit development, shall be at a ratio of not less than two spaces per dwelling unit. 2 Section 6. That Chapter 18.45 is amended by amending Section 18.45.010 to read as follows: 18.45.010 Requirements generally. Every required front, side, and rear yard shall be open and unobstructed from the ground to the sky, unless otherwise provided. In addition to permitted accessory buildings, the following structures may be erected or projected into any required yard: A. Fences, walls, and hedges may be erected or projected into any required yard as provided in Chapter 18.50. B. Cornices, belt courses, sills, or other similar architectural features (other than bay windows or vertical projections) may project into a required side yard, other than the side yard adjoining the street lot line of a corner lot, not more than two inches for each one foot of such side yard, and may project into a required front yard or rear yard, or a side yard adjoining the street lot line of a corner lot, passageway or other open space not more than thirty inches, provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than three feet. C. Eaves may project into a required side yard, other than the side yard adjoining the street lot line of a corner lot, not more than four inches for each one foot of width of such side yard, provided the width of such side yard is not reduced to less than two and one-half feet. Eaves may also project into a required front yard or rear yard, or a side yard adjoining the street lot line of a corner lot, passageway or other open space not more than thirty inches, provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than two and one-half feet. D. Chimneys may project into a required passageway not more than one foot and into a required front yard, rear yard, side yard or other required open space not more than two feet, provided the width of any required side yard is not reduced to less than three feet. E. Fire escapes may extend or project into any front, side or rear yard not more than four feet. F. Open unenclosed stairways, or balconies, not covered by a roof or canopy, may extend or project into a required rear yard not more than four feet, and into a required front yard, passageway, other open space or the side yard adjoining the street lot line of a corner lot not more than thirty inches, provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than two and one- half feet. G. Open, unenclosed porches, platforms or landing places, including access stairways thereto, not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may extend or project into the required front yard, side yard, rear yard, passageway or other open space not more than six feet, provided that in no event shall any such porch, platform or landing place be more than six feet above the natural ground level adjacent thereto. H. A one-story covered passageway, commonly referred to as a breezeway, not over five feet in width, extending from a main residential building to an accessory parking or other accessory structure, may be erected and maintained in a required rear yard. Such passageway shall be located not less than five feet from all lot lines and shall be unenclosed; except that on a corner lot there may be a wall or fence not over six feet in height along the street side of such passageway. 3 I. Awnings or canopies without enclosing walls or screening may be attached to the exterior walls of a residential structure provided that: 1. Such awnings or canopies do not extend more than four feet into a required front yard or building line space at the front of the lot, and have no vertical support within the yard or space; 2. Such awnings or canopies do not extend more than thirty inches into a required side yard, rear yard, building line space at the side of a lot, passageway or other open space, but in no event nearer than thirty inches to an interior lot line; 3. Where such awnings or canopies project into a required front or side yard, passageway or other open space, they may extend only over the windows or doors to be protected and for twelve inches on each side thereof. J. Entry arbors, either freestanding or as part of a fence as provided for in Section 18.30.035. K. Notwithstanding the provisions of this chapter, architectural features, fire escapes, porches, balconies, or other projections permitted in a yard, passageway or other open space shall not be located and maintained so as to preclude complete access to main buildings and accessory living quarters at all times. At least five feet of clear and open space shall be maintained between any two main buildings, including the projections, on any one lot. Section 7. That Chapter 18.50 is amended by amending Section 18.50.030 to read as follows: 18.50.030 Height Exceptions. A through B -No change. C. Up to 30% of the length of a fence may exceed the height limits specified in this chapter by up to 6 inches. Section 8. That Chapter 18.50 is amended by adding Section 18.50.035 to read as follows: 18.50.035 Entry Arbors. Arbors may be placed freestanding, or at entrances along fences within required front and exterior side yards, subject to the following standards: 1. The height of the arbor shall not exceed 10 feet; 2. The width of the arbor shall not exceed 6 feet between centerlines of the supports. 3. A maximum 2 foot overhang is permitted on each side of the center of the supports. 4. The depth of the arbor shall be no more than 2 feet 6 inches. 5. A minimum 6-foot, 8-inch vertical clearance above grade is required. 6. Supports shall not exceed 6 inches by 6 inches (horizontal dimensions). 7. The arbor shall not be enclosed on any side other than where attached to a building or by an entry gate that is part of an allowed fence. 8. Arbors may encroach into the entire width of the required front or exterior side yard. 4 9. Exceptions to these standards may be approved pursuant to Subsection D of Section 18.50.030. Section 9. That Chapter 18.58 is amended by amending Sections 18.58.240, 18.58.290, 18.58.310, 18.58.360, 18.58.420, 18.58.430, 18.58.460, 18.58.620 and 18.58.690 to read as follows: 18.58.240 Schedule of parking requirements —Residential uses. The following is the schedule of off-street parking requirements for residential uses: Housing Units in the Following Zones Off -Street Parking Required RS-1 and RS-E zones 2 spaces in a garage or carport RS-2, RS-3 Zones 2 spaces, including 1 space in a garage or carport RT Zone 1 1/2 spaces per dwelling unit Exception: A detached home in this Zone shall have the same parking requirement as the RS-3 Zone. RM-1, RM-2 1.3 spaces per 1-bedroom unit and studio unit, plus 1.5 spaces per unit containing 2 or more bedrooms, and conveniently located guest parking of '/2 space per unit for 20 units or less, plus '/ space for each unit over 20. Half of the required guest parking spaces may include parallel curb parking spaces on dedicated public streets contiguous to the site. Exceptions: • A duplex built in this Zone shall have the same parking requirement as the RT Zone. • A detached home in this Zone shall have the same parking requirement as the RS-3 Zone. RM-3 Per Planned Development Permit RM-H Two spaces per unit 5 Additional Standards Condominiums Planned Unit Development Boardinghouse and lodging houses Off -Street Parking Required 2 spaces per dwelling unit, and conveniently located guest parking in the numbers as specified above for RM Zones. Garages or carports shall be provided for detached condominium homes, as required in the applicable zone. (Not applicable to condominium conversions. Refer to Chapter 18.74.) Minimum of 2 spaces per unit, or as specified for specific zones or for condominiums, if applicable (exception allowable by Section 18.30.010) 1 space per guest room Dormitories and fraternity As required by conditional use permit or sorority houses 18.58'.290 Schedule of parking requirements —Business and commercial uses. The following is the schedule of off-street parking requirements for business and commercial uses: Structures and Uses Hotel or Motel Off -Street Parking Required 1 space per guest room, plus one extra parking space for every ten units up to fifty. Over fifty units, one extra parking space shall be provided for every twenty units. 18.58.310 Parking table and diagram. The following Table XV provides the required minimum dimensions of parking facilities based on the explanatory diagram where: A. "A" equals the parking angle;. B. "B" equals the stall width; C. "C" equals the minimum stall depth; D. "D" equals the minimum clear aisle width; E. "E" equals the stall distance at bay side; F. "F" equals the minimum clear bay width; and G. "G" is the required increase in clear aisle width for public parking facilities, except for accessory parking facilities used exclusively by tenants, employees, or owners of the structures or uses served. H. The letters "H", "I", "J", "K", "L", "M", and "N" correspond to dimensions defined by the letters "A" through "G", respectively, for compact parking spaces shown on Table XV. 6 18.58.360 Parking facilities —Access to streets or alleys. A. Access driveways shall be provided between each parking facility and a public street or alley. Lots should not have access from predominantly residential streets, except when the lot is serving a residential use. Residential driveways shall be permitted only on an arterial street where no other access to the property exists. B. One-way driveways and driveways serving a single-family residence shall have a minimum width of twelve feet; except for driveways leading to a single car garage or parking space where the Director of Planning may authorize a lesser width. C. Two-way driveways between a street and private parking facilities shall have a minimum width of eighteen feet. Two-way driveways between a street and public parking facilities shall have a minimum width of twenty-four feet. Two-way driveways within a parking facility connecting separated areas of parking spaces shall have a minimum width of eighteen feet, or as otherwise required by Section 18.58.430. D. Where access is available from any adjoining or abutting .alley to any lot proposed for residential or mixed use development in the CL, CT and CG zones, access to the required residential parking facility shall be from that alley when appropriate to avoid access to commercial collector or arterial streets. 18.58.420 Parking facilities —Driveway vertical clearance. The minimum vertical clearance for driveways shall be thirteen feet six inches to allow for the passage of emergency vehicles, or as required by the City Fire Department, whichever is greater. 18.58.430 Parking facilities —Aisles, approach lanes, and maneuvering areas for two-way traffic. For two-way traffic within parking facilities, all aisles, approach lanes, and maneuvering areas shall have a minimum width of eighteen feet or as specified in Table XV (Section 18.58.310), or as required by the Fire Department for emergency access, whichever is greater. 18.58.460 Parking facilities --Driveway and lane gradients. A through B — No change C. The City Engineer shall determine compliance with the standards contained or referenced in Sections 18.58.460 through 18.480 and 18.58.620 through 18.58.690 based upon best engineering practice applicable to the topography of the site. 18.58.620 Parking facilities —Surfacing —Generally. All parking facilities, including access ways accessory thereto, shall be surfaced in accordance with the minimum specifications set out in Sections 18.58.630 through 18.58. 680. The City Engineer shall determine compliance with these standards based upon best engineering practice applicable to the topography of the site. 18.58.690 Parking facilities —Drainage. In all instances, pavement grades shall be designed, constructed and maintained so as to prevent ponding of water upon or adjacent to the paved surface. The minimum allowable slope is one percent. Slopes up to five percent may be allowed in unusual cases. Driveway gradients shall comply with Section 18.58.460. The City Engineer shall determine compliance with these standards based upon best engineering practice applicable to the topography of the site. 7 Section 10. That Chapter 18.58 is amended by adding Section 18.58.345 to read as follows: 18.58.345 Dimensions for garage or carport area and openings. A one -car garage or carport shall contain an unobstructed interior parking area of a minimum of 11 feet wide by 19 feet deep. A. A two -car garage or carport shall contain an unobstructed interior parking area of a minimum of 20 feet wide by 19 feet deep. B. A garage for more than two cars shall contain additional area consistent with Sections 18.58.310, 18.58.330 and 18.58.340. C. A single -car garage door or opening to a single space carport shall be a minimum of 8 feet wide; a two -car garage door or opening to a two -space carport shall be a minimum of 16 feet wide. For larger parking garages or carports serving multi- family residential ornonresidential development, openings shall be provided in accordance with Sections 15.58.330 and 18.58.340. Section 11. That Chapter 18.83 is amended by amending Sections 18.83.020 and 18.83.030 to read as follows: 18.83.020 Definitions. "Family day care home" means a home which regularly provides care, protection and supervision of 14 or fewer children in the provider's own home for periods of less than twenty -fours hours per day, while the parents or guardians are away, and includes the following: A. "Large family day care home" means a home which provides family day care for 7 to 14 children, pursuant to this chapter, including children under the age of ten years who reside at that home. B. "Small family day care home" means a hom'e which provides family day care to six or fewer children, including children under the age of ten years who reside at that home, pursuant to this chapter. "Small family day care home" also means a home that provides family day care to seven or eight children, including children under the age of ten years who reside at that home, provided that all of the conditions set forth in Section 18.83.031 are met. 18.83.030 Small family day care. Small family day care homes as defined in Section 18.04.241.1 are permitted in all residential structures located in residential zones subject to the following limitations: A. Care is provided for children on less than a twenty-four hour full-time basis; B. Care is limited to a total of six children, including children under the age of ten who live in the home, as provided in Section 18.38.031; otherwise care is limited to six children, including children under the age of ten who live in the home, provided that a small family day care home may provide care for seven or eight children, including children under the age of ten years who live in that home, provided that all of the conditions of Section 18.83.031 are met. 8 C. Occupancy is subject to all day care home requirements required by the State Fire Marshal; D. The facility is licensed by or registered with the state and/or the county. Section 12. That Chapter 18.83 is amended 'by adding Sections 18.83.031 and 18.83.041 to read as follows: 18.83.031 Small family day care homes for seven or eight children. A small family day care home may provide care for seven or eight children without an additional adult attendant if all of the following conditions are met: A. At least two of the children are at least six years of age. B. No more than two infants are cared for during any time when more than six children are cared for. C. The licensee notifies each parent that the facility is caring for the seven or eight children in the home at one time. D. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented. 18.83.041 Large family day care homes for 13 or 14 children. A large family day care home may provide care for 13 or 14 children, if all of the following conditions are met: A. At least two of the children are at least six years of age. B. No more than three infants are cared for during any time when more than 12 children are cared for. C. The licensee notifies a parent that the facility is caring for the 13 or 14 children in the home at one time. D. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented. Section 13. That Chapter 18.98 is amended by amending Section 18.98.090 to read as follows: 18.98.090 Landscaping —Generally. Five percent of the gross site area shall be devoted to landscaping. Landscaping and maintenance shall be in accordance with Chapter 18.54. 18.98.100. Section 14. That Chapter 18.98 is amended by repealing Section Section 15. That Chapter 18.116 is amended by adding Section 18.116.200 to read as follows: 9 18.116.200 Violations. The following shall be considered violations of Title 18: A. Commencement or continuation of an activity which requires approval of a conditional use permit pursuant to this title, not including lawful nonconforming uses, established prior to enactment of regulations that require a conditional use permit for the activity. B. Any violation of a condition of approval of a conditional use permit. Section 16. That Chapter 18.139 is amended by amending Section 18.139.020 to read as follows: 18.139.020 Historic properties list. A list of historic properties shall be maintained. The city council shall periodically update the list. Section 17. That Appendix D of Title 18 is hereby amended to add or delete Typical Permitted Uses to designated Use Groups as follows: Add the following uses to the list of Typical Permitted Uses in Use Group 8: Assisted Living Facility Skilled Nursing Facility Delete the following use from the list of Typical Permitted Uses in Use Group 8: Residential Care Home Add the following use to the list of Typical Permitted Uses in Use Group 27: Physical Therapist (Licensed) Section 18. That the proposed amendment is exempt from the California Environmental Quality Act (CEQA) on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes that clarify current regulations and procedures or allow minor changes for developments concerning arbors, fence height or setbacks for existing homes, that would also be exempt from environmental review. Section 19. That the proposed Code amendments are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan programs and policies. Proposed changes which clarify certain standards would facilitate the use of the Code as well as the implementation of the General Plan. Changes which address paving, landscaping and fencing carry out General Plan policies that encourage enhancement of community appearance. Those that address paving and landscaping also are consistent with policy for conservation of natural resources, as landscaping and reduced area of paved surfaces facilitates reduction of storm water runoff. --- Signature Page to Follow --- 10 Ordinance Amending Title 18 Signature Page PASSED AND ADOPTED this day of , 2003. ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 11 Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE August 5, 2003 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 7 PERTAINING TO PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE AND TITLE 10 PERTAINING TO PUBLIC PEACE, MORALS AND SAFETY PREPARED BY EXPLANATION Rudolf Hradecky (ext. 4222) DEPARTMENT AGENDA ITEM NO. 26 City Attorney This ordinance amends the Municipal Code to delete prohibitions against the general parking of vehicles advertised for sale upon public streets. The ordinance however makes additional provisions regulating or prohibiting vehicles offered for sale upon unimproved public or private property, or upon commercial parking areas. It further restates prohibitions against operators of commercial automobile sales and automotive repair facilities from using the public streets for vehicle storage. This review was undertaken following Council inquiry and further analysis of pertinent case law and the California Vehicle Code. ) Environmental Review X NIA Financial Statement There is no cost to the City. STAFF RECOMMENDATION Adopt ordinance. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Ordinance Approved By: Finance Director Account No. Resolution No. A-200 19 991 ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 7 PERTAINING TO PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE AND TITLE 10 PERTAINING TO PUBLIC PEACE, MORALS AND SAFETY 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 7, Chapter 7.18 is amended by repealing Section 7.8.110. Section 2. That Title 7, Chapter 7.20 is amended by repealing Section 7.20.150. Section 3. That Title 10, Chapter 10.22 is amended by amending Sections 10.22.030 and 10.22.040 to read as follows: Section 10.22.030 Prohibition of solicitation in unauthorized locations within commercial parking areas. A through C — no change. D. Nothing contained in this Chapter shall be construed to prohibit the owner of a commercial parking area from prohibiting the parking of vehicles for sale. Section 10.22.040 Sale of merchandise upon public sidewalks, rights -of - ways and public property --Prohibited. A through C — no change. D. It is unlawful to park a vehicle offered for sale upon unimproved public or private property. Section 4. That Title 11, Chapter 11.32 is amended by amending Section 11.32.080 to reads as follows: Section 11.32.080 Storage or repair of vehicles prohibited. A. Except for emergency repairs, no person shall grease or repair a vehicle upon any public street or public property. B. It is unlawful for any person who deals in, or whose business involves the sale, lease, rental, or charter of vehicles to store, park, or stand any such vehicle upon any public street, except while such vehicle in under lease, rental, or charter by a customer. Ordinance No. 2003 — Page Two C. It is unlawful for any person whose business involves the repair, servicing of vehicles or vehicle components to store, stand, or park any vehicle on any public street or public property after that person has accepted custody of that vehicle from the customer. 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 City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE August S, 2003 \ (-ITEM TITLE AN ORDINANCE AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY SECOND READING PREPARED BY EXPLANATION AGENDA ITEM NO. 27 Rudolf Hradecky�DEPARTMENT City Attorney Please see attached Staff Report. CEnvironmental Review X N/A (-Financial Statement There is no cost to the City. STAFF RECOMMENDATION Adopt ordinance. EOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Eel Proposed ordinance Approved By: Finance Director Account No. Resolution No. A 200 STAFF REPORT ORDINANCE: AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY On January 9, 2001, the City Council adopted Ordinance No. 2001-2180, which amended Chapter 13.12 regarding excavation in the public rights -of -way f"PRPW"). The Ordinance was designed to include a more generic process for dealing with all types of encroachments, and not just excavation in the public right- of-way. At the time, the City was also involved in negotiations with Global Crossings, a telecommunications company, to install conduit for fiber optics through the City right-of-way. The ordinance amendment gave the City Engineer more flexibility and authority to coordinate the activities of various entities and public utilities that excavate and maintain encroachments in the right-of-way. Staff completed a review of Ordinance 2001-2180 and is now recommending some additional revisions to clarify the earlier provisions, eliminate unnecessary language and provisions, and deal with some new issues that have emerged. Staff has met with or provided copies of the draft revisions to SDG&E, Cox Communications ("Cox"), Sweetwater Authority, Pacific Bell and counsel for Global Crossings. Comments of each were considered during the revision process. There has been no substantial disagreement with the proposed changes, except for an issue regarding lane width resurfacing of pavement that is less than three (3) years old, raised by SDG&E and Cox. Staff has resolved those issues with SDG&E. A number of editorial, non -substantive revisions are proposed throughout Chapter 13.12. The following revisions are more than editorial, however, and are highlighted: - 1. Reservation of rights by the City in Sections 13.12.010A and 13.12.030H to require payment of fair and reasonable compensation for the use of public streets, when allowable by law. (This will not affect existing franchises, except when they utilize their facilities to enter into the telecommunication field).' Cox expressed concerns about this provision, which is allowed by the federal Telecommunications Act. However, this is merely a reservation of rights, rather than a specific charge or claim of entitlements. Staff Report Encroachment Permits 2. Restricts trench cuts into streets resurfaced within prior three (3) years, except for franchise work and emergency or new service. Will require a full lane overlay of one -inch (1 ) asphalt for the length of the cut in recently resurfaced streets, or slurry seal on those streets resealed with slurry. This provision will not prevent public utilities from excavating pursuant to their franchise, but will require resurfacing by them. Streets that were resurfaced more than three (3) years prior are not subject to this requirement, which is imposed for traffic safety. See Section 13.12.070A. Regardless, all cuts into street surfaces must be properly repaired and resurfaced, and follow-on repairs be made at all times. (Although some franchisees had generally objected to this requirement, staff concluded that it was a reasonable requirement based on safety concerns and was of a sufficiently de minimus nature, consistent with the duty to repair excavation damage). 3. Clarifies basis for revocation of an encroachment permit. Adds "for cause" requirements, except when City is exercising its police power to install a public improvement (Section 13.12.080) or when an encroachment from private, property is found to interfere with public safety or convenience. (Note: Utility companies are required by state law to relocate their facilities when necessary for installation of public works improvements). 4. Deletes former Section 13.12.090E relating to fees not provided for by the City's Fee Schedule and instead clarifies that the fees required for an encroachment permit are those established in the City Fee Schedule. (This revision was in response to a concern by Cox). Also provides that fees will not be' charged by City for city initiated projects, such as relocations or removals, or undergrounding. 5. Amends Section 13.12.140 to delete an alternate procedure for appeals to be heard through an arbitration process, thereby maintaining the City Council's role in appeals set forth in Section 13.12.110. 6. Adds to former Section 13.12.140 an advisory regarding possessory Interest taxes that might become due by virtue of the grant of an encroachment pursuant to Revenue and Taxation Code, Section 107.6. For numbering continuity, the advisory replaces the alternative appeal procedure deleted as noted in paragraph 5 above. [Note: typically, encroachment permits have not been subject to possessory interest tax because they are more in the nature of a revocable license rather than an estate in land.] 2 Staff Report Encroachment Permits 7. Adds Section 13.12.150B to clarify the authority of the City Engineer to remove illegal encroachments and charge for expenses of removal. Effect on Existing Franchises: Both SDG&E and Cox had originally requested that they be exempt from Chapter 13.12. We could not concur. Instead, the editorial changes reflect the relationship of rights granted by franchise to the process for notification to and clearances by the City Engineer. Public Utilities Code Sections 7901 and 6294 state generally that franchise rights to use the PROW are subject to reasonable public safety regulation, notwithstanding the general grant of the right to install pipes, etc. in the streets. The Engineering Department has to know when excavation work in the PROW is to occur, so as to coordinate and plan for traffic disruption. These revisions maintain that balance and structure, are consistent with existing franchises, and take into account all reasonable concerns expressed during the review process. 3 ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended by amending Chapter 13.12 as follows: Chapter 13.12 ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY Sections: Penalty insurance 13.12.010 Findings, purpose and intent 13.12.020 Definitions 13.12.030 Encroachment permits —Required 13.12.040 Encroachment permits —Bonds and insurance 13.12.050 Encroachment permits —Application 13.12.060 Encroachment permits —Authority and responsibility of city engineer 13.12.070 Resurfacing of streets 13.12.080 Encroachment permits —Revocation —Penalty for violation of terms 13.12.090 _ Encroachment permit fee 13.12.100 Nonexclusive use of right-of-way 13.12.110 Appeal 13.12.120 Assignment of enlargement of encroachment permits or facilities 13.12.130 Safeguarding of proprietary information 13.12.140 Possessory Interest Taxes 13.12.150 Violations and enforcement 13.12.010 Findings, purpose and intent. A. Private work in the public streets, rights -of -way and other public property is regulated through the encroachment permit process in order to protect the public safety and provide for the orderly administration and maintenance of public roadways and other public property for the benefit of the community. The encroachment permit is a process for clearance by the City to allow excavation work in public venues with minimum disruption to traffic or public safety. The process also applies to clearances for work to be performed under grants of Franchise. Ordinance Amending Chapter 13.12 Page 2 of 10 B. It is the further intent of the city council to require public utility providers, other public and governmental agencies and private parties who are permitted to install facilities in the public streets and rights -of -way to restore the street surfaces in the interests of traffic safety and, where applicable and allowable by law, pay fair and reasonable compensation for the use of public property. C. It is the intent of the council to not require applicants for encroachment permits to disclose proprietary information or trade secrets applicable to their technology, systems or facilities, except to the extent reasonably necessary to evaluate the installation or operation of the facility in terms of its impact on public safety. D. Administration of this chapter shall be under the direction and control of the city manager, and as may be delegated to the city engineer under this chapter. 13.12.020 Definitions. Within this chapter, the following terms and expressions shall mean and be interpreted as follows: A. "Facility" means and includes, without limitation, any object, pole, light or signal standard, traffic or irrigation controller, standpipe, sign, pipe, conduit, cable, fiber optics, manhole, duct, tunnel, trench, utility cabinet or similar appurtenance. . B. "Person" means and includes any natural person, corporation, firm, agency, partnership, joint venture .or association, and the singular and plural or the masculine or feminine gender. It also includes a public utility or a public or governmental agency. C. "Public right-of-way" means and includes any public street, alley, sidewalk, driveway, curb, pavement, gutter or parkway. D. "Improvement" means and includes any addition, alteration or modification to an existing facility. E. "Public property" includes land, easements and other interests in real property owned, leased by or otherwise belonging to the city, other than "public rights - of -way." F. "Applicant" and "permittee" means the person or entity that is to benefit from the facility and its installation, and can also include the contractor or entity doing the actual installation. It also includes, as applicable, an entity performing excavation and installation pursuant to a franchise. The term shall also include, without limitation, telecommunications providers subject to the Telecommunications Act of 1996, as amended and any other commercial entity that sells or provides services or facilities to the public or selected subscribers through installations utilizing public rights of way or public property. G. "Encroachment" means a facility or other physical object installed within, under, over, or upon the public right of way or public property. The term shall also include the line of sight aerial passage of a beam of Tight or laser through the airspace over such real property. It shall not include any wireless, microwave or radio transmission over such real property. H. "Encroach" refers to the act of installing or maintaining an "encroachment'. It includes excavation. Ordinance Amending Chapter 13.12 Page 3of10, I. "Encroachment permit" refers to a permit or form of clearance issued by the city engineer for purposes of excavation, grading and placement of facilities in the public right of way or public property, or any combination thereof. 13.12.030 Encroachment permits —Required. A. Except as provided within a franchise or subsection F of this section, it is unlawful to construct, install, place, maintain or remove improvements or facilities, or to grade, excavate or encroach within, upon, under or over, any public right-of-way or public property of the city without a valid encroachment permit or clearance issued pursuant to this chapter. Notwithstanding, rights granted under a franchise shall be subject to the procedures specified in this chapter for the reasonable regulation and clearances applicable to the commencement of excavation or installation of facilities, or both, within the public rights of way and property. B. An encroachment permit allows only the designated permittee(s) and their authorized contractors to excavate, grade and install, maintain or remove approved facilities within the boundaries and under the terms and conditions specified in the encroachment permit. The permit may be for a specific duration or unlimited duration, conditional upon the removal or relocation of the facility when necessary for reasons of the public health, safety and welfare, or public convenience. No person or permittee, including a franchisee or licensee, shall assign or enlarge the scope of an approved encroachment permit or allow another person to install an additional facility within the permitted encroachment without the prior written authorization of the city engineer or, when applicable, the city manager or council, which authorization shall not be unreasonably withheld or denied. C. The city engineer shall require the benefiting entity or its duly authorized representative to apply for all requisite permits. Financial obligations imposed by this chapter shall relate primarily to and be the responsibility of the permittee who benefits from the installation of the facility. D. Issuance of an encroachment permit includes a condition that a permittee shall remove or relocate the permitted facility or encroachment at the permittee's sole expense when determined necessary by the city engineer under the exercise of the city's police power for the public health, safety and welfare or convenience. This shall include the right of the city to regrade or realign the streets or install its own facilities, and to require the permittee to remove or relocate its facility at the permittee's expense when necessary to accommodate the public facility or improvement. A permittee may be required to pay for the cost of relocating other previously permitted encroachments when necessary to accommodate its facility. E. The permittee, or its contractor on behalf of the permittee, shall obtain any business licenses and other permits or licenses, including construction permits, required by code, statute or regulation pertaining to the installation of the facility, and shall be responsible for complying with all other applicable provisions of law and this code, notwithstanding the issuance of an encroachment permit. Ordinance Amending Chapter 13.12 Page 10 of 10 Sec.1060, properly identified proprietary information in its possession will not be released by the city under the Public Records Act (Government Code Sec. 6250, et seq.) without authorization from the applicant, except upon receipt of a duly authorized court order. •Applicants or permittees will be offered the opportunity by the city to intervene to protect their interests against the release of proprietary information. If the opportunity is'declined, the city thereafter shall have no further obligation to protect or defend the non -release of the designated proprietary information or portions thereof. When proprietary information is returned to a permittee after being relied upon by the city in issuing a permit, then the terms and conditions of that permit shall be conclusive and binding in any subsequent administrative or judicial proceeding between the permittee and the city involving that permit. 13.12.140 Possessory Interest Taxes. By accepting a permit issued pursuant to this Chapter, the permittee acknowledges that notice has been given pursuant to California Revenue and Taxation Code Section 107.6 that use, occupancy or interest in any public property conferred by permit or otherwise may cause a possessory interest tax to be levied upon such interest. The permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any possessory interest taxes and other taxes that may be levied against its right to possession, occupancy or use of any public right of way or property that is conferred by permit, franchise or license. 13.12.150 Violations and enforcement. A. Violation of Section 13.12.030 or 13.12.080(B) is a misdemeanor. Each day a violation exists is a separate violation, and each violation may be charged as a separate offense. Violations may be enforced by civil, criminal or administrative measures, or combination, as provided for in Title 1 of this code. • B. The city engineer is authorized to remove illegal encroachments. Costs shall be charged to a responsible party in accordance with law and the procedures established in the municipal code when an illegal encroachment is not voluntarily removed following reasonable notice to the responsible party. In an emergency, illegal encroachments may be summarily removed and costs charged without prior notice to the responsible party or parties. PASSED and ADOPTED this day of , 2003. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. iser,.111, `City Attorney ,IEETING DATE City of National City, California COUNCIL AGENDA STATEMENT Auaust 5, 2003 OLD BUSINESS AGENDA ITEM NO. 28 ITEM TITLE AN APPEAL TO THE CITY COUNCIL FOR "NO PARKING - STREET SWEEPING" SIGNS ON SEAWIND DRIVE, CALLE DELGADO AND MEADOW DRIVE PREPARED BY Stephen Kirkpatrick 336-4580 EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering Environmental Review N/A Financial Statement The cost of purchasing and installing Approved y® Signs is approximately $175 each. Nine would be necessary to Finance Director adequately post the parking restriction; therefore, the total cost would be approximately $1,575. The cost could be absorbed in the existing Public Works Streets M&O budget. Account STAFF RECOMMENDATION That Council consider the nee or installing signs and the costs of installing signs and provide direction to Staff. BOARD / COMMISSION RECOMMENDATION K N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. July 15, 2003 Council Report A-200 ;9 99 EXPLANATION: At the July 15, 2003 City Council meeting, this appeal was presented to the City Council for consideration. (Please see the attached report) It was brought to Council because the staff evaluation of the request to have the parking restriction implemented was negative and the requester was unhappy with that outcome. It was the opinion of the Public Works Department that the streets could be adequately cleaned in this area without restricting the limited parking that is available. The Council requested additional information during the meeting on July 15, 2003, and therefore continued the issue until the August 5, 2003 meeting. The Council requested that staff prepare a cost estimate to install the signs for the parking restriction. They also wanted verification of the sampling of signatures on the petition presented by the requester to see if in fact residents signing the petition wanted the parking restriction. Verification was deemed necessary since it is not written anywhere on the petition signature sheet what signing it actually represented. The cost of purchasing and installing signs is approximately $175 each. Nine would be necessary to adequately post the parking restriction; therefore the total cost would be approximately $1,575. The cost could be absorbed in the existing Public Works Streets M&O budget. Staff spoke to five of the people that signed the petition. The five where selected at random from the sheets. According to all five they understood what they were requesting by signing the petition. City of National City, California COUNCIL AGENDA STATEMENT IEETFIPIG AT July 15 _003 TETLE WRITTEN COMMUNICATIONS GENOA ITEM NO. 14 AN APPEAL TO THE CITY COUNCIL FOR "STREET SWEEPING" SIGNS ON SEAWIND DR, CALLE DELGADO, AND MEADOW DR (VIVANCO) PREPARED BY Adam Landa 619/336-4394 EXPLANATION DEPARTMENT PUBLIC WORKS/ENGINEERING Mrs. Aurelia Vivanco, the owner of 1432 Meadow Drive, has requested the installation of "Street Sweeping" signs on Seawind Drive, Calle Delgado, and Meadow Drive. According to Mrs. Vivanco, the street sweeper can not clean the street because there are vehicles parked there. The Public Works Department investigated the request to install "street sweeping" signs in this area. Our street sweeper has not reported any problems with the operation of his duties. We also had our Street Maintenance Supervisor investigate her request and he found that there was no problem with the proper operation of the street sweeper in the area. The Street Maintenance Supervisor does not believe parked vehicles in the area affect their ability to clean the streets. Therefore, the decision of the Public Works Department is not to install "street sweeping" signs at this location. Mrs. Vivanco was notified in writing of this decision on July 3, 2003. Mrs. Vivanco is now appealing the decision to the City Council. Eatvironrnental Review Financial Statement N/A / STAFF RECOMMENDAT Staff recommends that the "Sheet Sweeping" signs 'ot be installed since there is no apparent problems at this location. NIA X Approved Finance Director Aecolmt No. BOARD t` COMMISSFd h i 7tlkMME I ATTACH ',ITS Appeal Letter from Mrs. Vivanco Location Map or3 ri t 6•r1 CiLd a.A1 3 r) und Q.ck— ictS—C) A jOtS/A-rt-ri C VI LL A t .,/tett-vi alaicLout., fica„ eibLoicLc9-0 f_t_ate:c, ayA-J( aziat --a- OA-4 (r)S-4uefi--,Loi-t. 6,-(AduLit,p 0-ro ,,,5acLt/u_icL coutek, ado q VLCZ-, /1712AZ2/61-te- dy:1-rie, WL-Q, GLA-Z nAfaLe /0-137rca/ (94.- A/0 pa 1-Kie n3 A-ti-vt L-t(jurada-tj b_car/tuee/A) 7; 0 6 A- OA --r-0 1 o fr) ot,,kssJ d/tJ decvn. utJ 0J-e.-6 CL/iuct al1 C al cluc,e_wcji 711u2":7( DALL 0 Cla3jPi. 9 I 9 S-0 Aurelia Vivanco 1432 Meadow Drive National City, CA 91950 May 29, 2003 Burton Meyers, Director City of National City, Public'Works 2100 Hoover, CA 91950 Dear Mr. Meyers: We would appreciate very much if you would have 66No Parking on Tuesday between 7:00 a.m. —12 p.m.99 signs at the following streets. SeawinjDrive, Calle Delgado Drive and Meadow Drive. The street sweepers are not able to clean/sweep these areas because of the parked cars. Therefore, dirt and other debris piles and is causing mosquitoes, stench and a muddy site. This is very unsanitary, poses a safety issue, and makes our area look dirty all the time. If you would like to speak with me, please call me at (619) 479-1199. We thank you in advance for your review and consideration of this serious matter to us residents The following are signature of residents in this area. Sincerely, Aurelia Vivanco Attachments: ( ) OW If -C. bNidV ADDRESS P/C,«k.)tiff ` ' C- 0-1L.�✓.'C � .�;?�,,.: ar.f %C' it TELEPHONE / L r } s% '4L <ry, , To, eNfia.,..e .�C, tit] 0 J L[v --?3/ y ``- c, E'4(iJi —3 5?6- se 4 ti. 67?! 63-�- 2S ct SVpb' 4i7ft f l 7- 3 T_. J {'4 //flll �{{ /'i b 1 0 L. ADDRESS TELEPHONE /e/32 r)7,- A/crrie) C: ivy (w 477,4, rfri Z J. r l i/do 4 (Lcc cl> (,. 7 &:5_r_ O Pr ,-- 02. 79T /ttu-Lvr oef 4_71 y7,r- 0Y lru 1 .scc.v a P / �o✓t r' Cie. 1 �ls 11, C &L6i)orti) 67 /d: „- b A� 9/9 C /'1(e a e(d kr- .l �. / %,C y� �YS 6t- (15b/b, r)) --Zv411 „Pe y? -0 Cv QC/V (7 / dr3)04 p 11-)01-Daw, k:f '31\10Hdalat / A 2 L./ tWo-7 L-7 ‘,1--)zio A 1- p 7/?( SSMICECIV -2? 71-1 /74"6/1.9 RTAIVN ICIID l ��� 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 July 3, 2003 Mrs. Aurelia Vivanco 1432 Meadow Dr. National City, CA 91950 Subject: STREET SWEEPING ON MEADOW DRIVE The Public Works Department had investigated your request to install "street sweeping" signs in your area. Our street sweeper has not reported any problems with the operation of his duties. We also had our Street Maintenance Supervisor investigate your request and he found that there was no problems with the proper operation of the street sweeper in your area. The Street Maintenance Supervisor does not believe parked vehicles are affecting their ability to clean the streets in this area. Therefore, the decision of the Public Works Depart ent is not to install "street sweeping" signs in this area. Reviewed by: Stephen Uiirkpatrick Assistant Director of Public Works BSM: tc and r Ui�yfs 'rector of Public Words ®k Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT OLD BUSINESS ,aEETING DATE August 5, 2003 ITEM TITLE AGENDA ITEM NO. 29 REPORT REGARDING REGULATION OF FOOD VENDING VEHICLES PREPARED BY EXPLANATION George H. Eiser, (336-4221) DEPARTMENT City Attorney This item is placed on the agenda for discussion and direction to staff. The attached report was in response to Councilmember Natividad's inquiry regarding food vending vehicles. It was previously circulated to all Councilmembers. Direction is requested by Staff regarding any proposed changes to the Municipal Code. Environmental Review x N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Request direction to Staff. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Resolution No. July 22, 2003 memo from the City Attorney to Councilman Natividad regarding vending by vehicles of perishable food or beverage products. A-200 19 99; TO: 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 Councilman Luis Natividad DATE: July 22, 2003 FROM: City Attorney SUBJECT: Vending by Vehicles of Perishable Food or Beverage Products — Regulations In response to your memo regarding current and prospective regulation of vending vehicles, we wish to advise you as follows (Responses are keyed to the number on your memo, attached): 1. The City's Finance Department issues business licenses to vending vehicles under the provisions of National City Municipal Code ("NCMC") 6.04.310. Food vending vehicles, which includes hot trucks and ice cream trucks, are further regulated by the County Health Department and are issued a health permit (NCMC 9.06.060). In addition, vending vehicles with sound amplifying equipment (ice cream trucks) are inspected by the Police Department (NCMC 12.14.140) and by the City Engineering Department (NCMC 9.06.1 15). Push carts require a permit from the City Council (NCMC 10.22.050). 2. There is no current limit on the number of business license that may be issued. There are currently 18 business licenses issued for food and ice cream vending vehicles. If limits are desired, the City Council will need to establish a limit based on public convenience and necessity factors. Current vendors could either be grandfathered in, or amortized out after a reasonable period, say 2 to 4 years, once valid criteria are established. Those criteria would be determined at such time as the Council may determine to limit the number of licenses. 3. All vendors by vehicles are required to carry a copy of their business license and any permits issued by the Health Department (NCMC 9.06.060 through 9.06.080). 4. Ice cream trucks are specifically regulated under NCMC 9.06.115. Cold perishable foods are required to be stored at 45° or less (NCMC 9.06.050) using mechanical refrigeration equipment in good operating condition. A Municipal Code requirement can be added to require a thermometer to be installed if thermometers are not part of standard refrigeration equipment. ® Recycled Paper Vending by Vehicles July 22, 2003 Page Two 5. California Vehicle Code 22455 does not allow municipalities to ban vending vehicles, but does allow regulation based on public health and safety criteria. Food vending vehicles are prohibited from stopping or parking within 500 feet of a school during school hours (NCMC 9.06.020). Ice cream trucks or other vending vehicles with sound amplifying equipment are prohibited from operating sound amplified equipment within 100 yards of any school, church or hospital at any time (NCMC 12.14.220D). A prohibition against parking or standing within 200 feet of a place of worship while services are in session could be added, if desired. 6. Only mobile food preparation units are required to have running water (NCMC 9.06.110(0). No similar requirements are imposed on other vending vehicles. 7. Identification numbers are currently required on all vending vehicles (NCMC 9.06.115(E) and 9.06.060). 8. Food vending vehicles are prohibited from standing at any public location for longer then 10 minutes or on private property except for sales to the property owner and its agents, customers and employees (NCMC 9 06.030 and 10.22.045 (B)(5). This time limit can be increased to 15 minutes, if desired. To summarize, existing Municipal Code provisions address the majority of your concerns as noted above. This Office will be pleased to prepare an ordinance to address any remaining concerns you may have based on City Council direction. I will wait to hear from you as to how you would like to proceed. GEORGE H. EISER, Ill City Attorney RH/gmo Attachment cc: Mayor and City Council Acting City Manager Since I am not in possession at this time of the Natl. City Ordinance nor Municipal Code, the following are my recommendations with regards to the question of the exemtion of retail Sales and transportation of perishable food or beverage products. • 1. The City of National City ( here on known as the City) will issue business permits, through its proper City department • 2. The City will Limit the amount of permits awarded to the vendors • 3. All vendor must have on their possession a valid Heath Permit issued by the County of San Diego while doing business in the City of National • 4. An ice cream vendor must have at all times a thermometer inside the • ice cream compartment showing the appropriate temperature designated by the Health Department • 5. Vendor will not be allow to sell 200 feet from a school or church • 6. All vendors must carry clean water and paper towels or ( antiseptic • wipe cloths) however, wearing rubber gloves is encouraged • 7. Print, paste, a number designated by the City's Department on both sides of the method of transportation • 8. Can not stop in one place for longer than 15 minutes, unless is private property and has written permission by the property owner Additional rules and regulations are welcome, fines and penaltieswill be set by our attorney's office in cooperation with the Police and Licensing Department.....Luis .FETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 5, 2003 AGENDA ITEM NO. 30 `ITEM TITLE REQUEST BY THE COMMUNITY FOOD BANK OF NATIONAL CITY TO STORE TWO 8'x8'x22' DROP BODY CONTAINERS IN THE PUBLIC WORKS YARD PREPARED BY Stephen Kirkpatrick DEPARTMENT 336-4580 Public Works/Engineering EXPLANATION The Community Food Bank of National City has requested that they be allowed to store two 8'x8'x22' drop body containers in the Public Works Yard. According to Mr. Chuck Black, the Director of the Food Bank, the containers will hold office equipment they need to store until they find a new location from which to operate. It is unknown how long this will take. Mr. Black stated to me on the phone that the storing of the containers would be temporary, but the attached letter he submitted officially requesting the ability to store the containers stated that access to the containers "is not a must but it would be nice if we could have access at the City's convenience not exceeding once or twice a year." Consequently, it is unclear as to how long the Food Bank will need the storage. I have reviewed the operation of the yard. It is my opinion that we could find room to store the containers for a limited period of time. Basically, we do not have "unused" area that we could devote to storage, but we could make it work if the Council directs that we do so. I would like to see any approval of the storage limited to end on January 1, 2004. As currently scheduled, we will need to temporary relocate Fire Department Operations to the Public Works Yard for most of calendar year 2004 - while the new fire station is under construction. During that time, space will be severely limited and it will be extremely difficult to Stores tha rnntainers Environmental Review Financial Statement e N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Council consider the request to stor the two containers and provide direction to staff. BOARD I COMMISSIOR RECOMMENDATION N/A ATTACHMENTS € Listed Below ) 1. Letter from the Community Food Bank dated July 24, 2003 A-20C ) 99, Resolution No. July 24, 2003 Mr. Stephen Kirkpatrick Assistant Director of Public Works/Engineer 2100 Hoover Avenue Chula Vista, CA 91950 Dear Mr. Kirkpatrick: This is a letter informing you of The Community Food Bank of National City's need for space to part 2=8' x 8' x 22 containers loaned to The CFBN by Edco for storage. The accessibility is not a must but it would be nice if we could have access at the City's convince not exceeding once or twice a year. Thank you for your consideration. Chuck Black Director City of National City, California COUNCIL AGENDA STATEMENT August 5, 2003 MEETING DATE AGENDA ITEM NO. 31 ITEM TITLENOTICE OF DECISION — DENIAL OF A ZONE VARIANCE FOR A 2,040 SQUARE FOOT ACCESSORY STRUCTURE THAT EXCEEDS THE MAXIMUM SIZE PERMITTED AT 170 E. 31sT STREET (APPLICANT: MANUEL MARRUENDA) (CASE FILE NO.: Z-2002-5) PREPARED BY EXPLANATION DEPARTMENT Roger G. Post, 336-4310 Planning The project site is a 1.4-acre property in the Single -Family Extendable -Planned Development (RS-3-PD) zone. The property, which slopes down from the north to the south is developed with a 2,028 square foot home, two garages totaling 1,284 square feet and two storage sheds totaling 716 square feet. Staff inspection of the property revealed that existing garages and storage sheds were being used to warehouse commercial goods, and that Fiesta Pacific Products' commercial trucks were being kept on the property, as shown in the attached photographs. The applicant requested a Variance from the Land Use Code (LUC) to build a 2,040 square foot accessory building (game room), since the LUC allows a maximum of 507 square feet of total area for accessory buildings (excluding garages). The proposed accessory building would be one story tall and would have four, twelve -foot wide sliding doors. It would be located at the rear of the home next to an existing driveway. Planning Commission held a public hearing on this item at their June 16, 2003 meeting. They heard testimony from a resident, who lives near the project site, and considered a letter from the owner of a property adjacent to the project site; both expressed concerns over the use of the building. Commissioners considered the testimony, the letter, past history of illegal commercial/warehouse use of the property by the applicant and the size of the proposed structure. They voted to deny the Variance, since approving it would be a grant of special privileges to the applicant, and since they felt the proposed structure would not be accessory to the residence. Environmental Review Financial Statement N/A X WA Categorical Exemption 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 Zone Variance. Vote: Ayes- Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Absent - Pruitt ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 23-2003 3. Site photographs 2. Location Map 4. Site Plan A-200 (9/80) RESOLUTION NO. 23-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A ZONE VARIANCE APPLICATION FOR A 2,040 SQUARE FOOT DETACHED ACCESSORY STRUCTURE THAT EXCEEDS THE MAXIMUM SIZE PERMITTED AT 170 E. 31ST STREET APPLICANT: MANUEL MARRUENDA CASE FILE NO. Z-2002-5 WHEREAS, the Planning commission of the City of National City, California considered a Zone Variance application at°the public hearing held on June 16, 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. Z-2002-5 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, 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 June 16, 2003, fail to support findings, required by the Municipal Code for granting any Zone Variance, that it will not constitute a grant of special privileges, and that it will not authorize a use that is not permitted in the zone. 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 June 16, 2003, support the following findings: 1. That despite special circumstances applicable to the property, its large size relative to other properties in the area, approving a Variance for an accessory structure that exceeds the maximum size permitted in the zone would constitute a grant of special privilege, since other properties in the immediate area under the RS-3-PD zone designation do not have more building area developed as accessory structures than they have developed as a main residence. 2. That the variance would potentially authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the history of prohibited commercial use of the residentially zoned property could be intensified with the construction of an accessory building that is larger than the main residence on the property. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Zone Variance application no. Z-2002-5. 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 besought 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 July 7, 2003, by the following vote: AYES: CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM, NAYS: ABSENT: PRUITT ABSTAIN: CHAIRMAN N PROJECT LOCATION CITY BOUNDARY LOCATION MAP Accessory structure at 170 E. 31st Street ZONE BOUNDARY Z-2002-5 NATIONAL CITY PLANNING m a m URN. DATE: 6/3/03 INITIAL HEARING: 6/16/03 Site Photographs 170 E. 31st Street View of the front of the property from 31st Street View of product stored inside one of the two garages on the property View of product, a forklift and drink dispensing machines in one of the accessory buildings on the property View of drink dispensing machines inside one of the accessory buildings on the property May 8, 2003 10:15-10:20a.m. Photograph of two commercial trucks, one shipping container and a pipe and tarpaulin structure taken from the south of 170 E. 31Street Photograph of two commercial trucks with the name Fiesta and one shipping container taken from the south of 170 E. 31' Street wiv (0 0' a vTIN3 ELKIPICIL �— RE/cREE!- �I PROP. LINE 293-0i' METER TO RS1 IH—, FLAN %NLE. I' • PROP, LItf 2 ENEllIS 9Toane .sue _] ?1 PROPOSED DETACHEO HOTEL TWA PROJECT HILL NOT REWIRE ANY GRADVI. rU- ANO ALL SURFACE WATER SHALL DRAIN AWAY PROM BUILDING AT MIN OF IS FOR A MIN. DISTANCE OF 5'-0" I HOE. 9 tzt Street. LEGEND ® PROJECT SITE PROPOSED DE, FOISTING WILOINGS TO REMAIN CHULA VISTA CITY POUNO LOCATION MAP Z-19992 CITY PI IN THE ST IJOO NS) HSOIL LOGATED ENTIRELY ON SISNATURe _�� __ OWNERAJ0EN3ED ENSINEER OR ARCHITECT IF THE EUILDINS INSPECTOR SUSPECTS PILL, EXPANSIVE SOU, OR ANY SUPON OBSERVATION OPOLOOIC THE FOUNDATION EXCAVAINSTABILITY EPEETION A SOILS TORHEKOVEFY-TOOF PLANS AN CHECK. TO THAT -THE REPORT RECOMMENDATIONS HAVE BEEN INCORPORATED MAY BE REOJIREO. 3 City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE August 5, 7001 AGENDA ITEM NO. 32 (-ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITIY ON TOP OF AN OFFICE BUILDING AT 2005 HIGHLAND AVENUE (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO. CUP-2003-4) Acia PREPARED Roger Post 336-4310 DEPARTMENT Planning EXPLANATION The project site is a 14,375 square foot lot at the southeast corner of Highland Avenue and 20th Street, in the CG (General Commercial) zone. It is developed with a two-story office building, with a flat roof and a light blue stucco exterior with stone and wood trim sections. Cingular proposes to install a wireless communications facility in a 196 square foot enclosure on the roof of the building. The enclosure will measure 14-feet by 14-feet, and be about 10-feet tall; it will house twelve panel antennas. Its exterior will include stucco with wood siding and eaves to match the office building. All other equipment will be placed inside a storage room on the second floor of the building. The Planning Commission held a public hearing on this item at their July 7, 2003 meeting. They noted that the proposal was a stealth facility since the panel antennas would be completely screened, and since the enclosure was designed to match the office building. l Environmental Review 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 - Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Absent - Pruitt Abstain - Carrillo ATTACHMENTS ( Listed Below } 1. Planning Commission Resolution No. 25-2003 2 <Location Map Resolution No. 3. Site photos 4. Reduced site plan and elevations A-200 (9:99) RESOLUTION NO. 25-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON TOP OF AN OFFICE BUILDING AT 2005 HIGHLAND AVENUE. APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2003-4 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on top of an office building at 2005 Highland Avenue at a duly advertised public hearing held on July 7, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-4, 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 July 7, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 9,000 square foot office building has sufficient roof area to accommodate the proposed 196 square foot enclosure. 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 Highland Avenue, an arterial street with adequate capacity to handle the additional 1-2 vehicle trips per month generated by the unmanned wireless facility. 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 addition will appear similar to the existing building and be designed to completely screen the wireless antennas. 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. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorize the construction of a wireless communications facility at 2005 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File no. CUP- 2003-4, dated 5/15/03. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. The pemiittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 3. Building plans shall show the enclosure completely screening the antennas, including any GPS antennas, and with an exterior and roof matching the office building. 4. Building plans shall show the roof access ladder being secure from unauthorized use. 5. No signage shall be placed on the roof enclosure. 6. All exposed conduit, cables, etc. from the facility shall be painted to match the building, located as needed to minimize its visibility. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 8. 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. 9. The deteriorated portions of the street improvements (10' of sidewalk) along the property frontages shall be removed and replaced. 10. A permit shall be obtained from the Engineering Department for all work performed within the Public Right -of -Way. 11. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 12. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council' may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 21, 2003, by the following vote: AYES: GRAHAM, REYNOLDS, MARTINELLI, BACA, FLORES, SALUDARES NAYS: ABSENT: PRUITT ABSTAIN: CARRILLO CHAIRMAN AN PROJECT SITE ZONE BOUNDARY LOCATION MAP Proposed wireless facility on the Highland Office Ruilrlinn at 9li5 Highland AvennP CIIP-2003-4 NATIONAL CITY PLANNING TQ DRN DAY 6/13/2002 INITIAL HEARING: 7/7/2002 3%. 3 SITE PHOTOS .,„ . altitatelEpr,:• ANAZifiz. rn. Project site looking east across Highland Avenue .3.,a-33-333.1 z Project site looking southwest from 20 Street. HIGHLAND AVENUE EAST20TH STREET OSITE PLAN £VL 1--I0.-0' r Pr DOER mam a we imam XIe0000E II - 1 J 02ND FLOOR LEASE PLAN IW0 I/4 V-C 1noal O1HMF W W Oe wsem OWOWV. Pun N00e00m O(0) AO= Wm m (0) 0.00:R a CYMS ®5,$00)I m e wn a rmm (P) aa9w ®9? KEY NOTES: 0(01i i1r mom Ew 1(04 .. 000 et*.1.01MRNN41011 1M M MOM 1wlm a von 10 wMAIMi (I) MAIM Oa (P) e11109]I mK 1100€ O4 0.) wawa 1EMV ©0I00pa0 Ra16 E1W12eTMC4 WIT ie CM OhW00 n0[ OMR OM VW P10 _E. 44.0 One 41E mlpia 10 RE 901.M Wool M. TO ROOFTOP Me DM m (P) P) com Wax von lone I S-0e1-0• . IS ) r/ r rum wnx EMMca.' .(0)1m Me 1000R 09ET yq+ 00 9a TW 9nEM GARET 4 41Y.,a09G 9TW P) am In 00 .0) lIC 51ENCY sE sy1 MONF 8O111 0) EIR Ma 11u10m ®� IK FMRYIIEI. 10$ 200 amour 00 moms =WM T& ®OR 111000.0 CWE. MEEK NUT Rea 1OWL 10 Rw1(0 OEM OR Rams N wSCRIM PIMOE UM Om IWWO ID NO 0) Mu nun oo\I aw WPM, low VPYM TIM Rim 6) WORM®A�a'n @1)' 1RRMf low )0 mpg OM E slow mom(0 Wa1 m IWMM Af axon sOaZ SPACE ®W10w m1z ®(0 1ax F00 019Sa n w. OM Mal GM 000 T06 POO. ®0) swum ®{O NYx ftl[ .00 I0O0 IC MOO w 00ona. ROM .61 MNR2 LOT 1RY $1110 # 1) : MTmED OJ W0m)1701W. RwTn OI .YLr hl Nnpw NT TO 01 (0) WOO 00,10. NI101Ms ®W HRY SW MOM *ROW O.AIVn .00 Y ROM RUWM .00 ow ©6) me coax UPm ROOF .00 FM .p.1M8 (111. cf Y) .00 0 a001*3010.005-30 mww 1009xn +.00 mar RM new CO uII ROW w new 11021 10 00 0RVdr WTI OR Wbn MOOR SEE MGM LIE 0G14 C FOR WIC SZE 00 WOW u0 am (MIT 0.041E) =Ana Ed MO! Dal ruon rtir THIS SET 0 NCwSIRUCT119 DOCUMENTS 5 PROPRIETARY IINKAN E II KARMA MY USA OR ORELATESmTC cii*CUN9 WIRELESSIS RT PRIAMirt,. REVISIONS IWO 0 40VM MAMMY POOL a0 MSA ASSOCIATES $INreMre 6 F.onnIO, lnc 6910 MiiamarRd.,Sun1N1 San Diego, Cr 971E1 11.199510.0578 F7.8505311102 Son FmWm....--mm. 115 AAE SEAL SD-813.02 HIGHLAND OFFICE BUILDING SITE PLAN, LEASE AREA PLAN AND ROOF PLAN Al • OEAST ELEVATION W' if vo..+'-I- ONORTH ELEVATION +/M.rd \�I OS e4. lk rjOriill OWEST ELEVATION ewe o- r4 a KEY NOTES: ocni e IrbOp°'Ml Mn1Mb Mo , Mnveta a uw � sa0 WM . =Me MOM 10 bW00 k �1011V W (Q aItPN. WF9 MnR116 O(Pf WARM Rua BOY. SrweMOMS wu0a 0....a. O=V IM imo NO nos mom 004 m 12) MAWR m Oe (2) Meae MR 1000 nwxrrvn Oi I N cow- To utm2 (0 vmt a mart 0° W 2 2191.2 Mable 04) NON 0M: OM IC= DOOM 40) eamirw now ®w WpIMM TI.. .0)ma MM¢me Wave fiMa MOWS ON mc'0w ws 0,1 oo Onus. ®ro20•r Mal .MOM ®W•VO want ©W wean ®W minu. ON ex Om w moman LOOT ®00 Mml MM 1Mll O moo now ax mar WWO10 eMMmN.ItlOY M exae O an iiac°ue muut n Son wre 00 MO NM BM(parr/Po-oLOWED) l k-0'INh mrIIXM 1e OSOUTH ELEVATION AVQ l//.r4 5 SEIO!"CONSM00TOO WNu("IS I5 PROPRIETARY 6Y WORE. Mn DEE OR CLO.n4 MOT TWA M REAMS TO CIXCYLN 51ELESS 5" 5MICM1Y aae"re1�. 0 TI— NM al MSA ASSOCIATES n 0[Mne Arming, Inc 1020 t1irtnue Rd., Suite 22 Sm Diego, Cl. 91111 PA.P58.5100010 R.858.519.1417 snr�na�w . Sonia I. ME SEAL SD-813-02 HIGHLAND OFFICE BUILDING ELEVATIONS A2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2003 33 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — ST. MARY'S CATHOLIC CHURCH- ANNUAL FALL FESTIVAL/FUND RAISING PREPARED BY DEPARTME'T Claudia Caro, Permit Tech. 336-4210 EXPLANATION Building and Safety This is a request from the St Mary's Catholic Church to conduct their annual fall festival and fund-raising event on the Parish grounds located at 8th St. & E Ave from 7:30 a.m. to 7:00 p.m. on Sunday, October 5, 2003. There will be a total of 20 assorted booths that will consist of food booths, white elephant booths, art's & crafts booths and religious booths. St. Mary's Church is requesting to sell alcoholic beverages. A DJ will also play music for entertainment between 11:00 a.m. to 5:00 p.m. Environmental Review X Financial Statement N/A The City has incurred $150.00 in processing this Temporary Use Permit Application. Account No. N/A STAFF RECOMMENDATION Approve the Application for a 'temporary Use Permit subject to compliance with all Conditions of Approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St Mary's Parish EVENT: Annual Fall Festival and Fund Raising DATE OF EVENT: Sunday, October 5, 2003 TIME OF EVENT: 7:30 a.m. to 7:00 p.m. APPROVALS: FIRE FINANCE POLICE PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ ] (SAN DIEGO COUNTY HEALTH DEPT. HAS BEEN NOTIFIED VIA FAX ON 7/14/03) CONDITIONS OF APPROVAL FIRE 336-4550 1. Maintain Fire Department access at all times. 2. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame retardant treated with an approved State Fire Marshal seal attached. 3. A permit from the Fire Department must be obtained for the tent/canopy. Permit fee is $85. fees can only be waived by the City Council. 4. 40 B:C dry chemical fire extinguishers shall be provided where deep fat fryers are used. 2-A B:C fire extinguishers are required in each cooking booth. 5. 2-A:10BC fire extinguishers are required. Fire extinguisher locations to be plainly marked and not to exceed a travel distance of 75 feet. 6. Canopies shall have been treated with a fire retardant and bear a State Fire Marshal's tag. FINANCE 336-4330 1. Each participating vendor must have a separate Business License. Vendors currently licensed by the City may operate on their existing license. A list of all approved vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department at least 2 weeks prior to the event for verification of business license numbers. 2. If any of the vendors or organizations is registered not for profit, there will be no charge for the business license. However, a business license certificate must be obtained from the City Revenue and Recovery Division, business license section. POLICE 336-4400 1. Reserve and Senior Volunteers will be assigned as requested. fin% L PHAtrStAnt i ®tNNiitr(i- }' AtgR PAIL NA w WILY' T .s. r Onao 9.J�+NVNI�� .01-1C8 EAST WALL TE A;A yo'W /Y 0 ),O fi ,/ Type of Event: / _CommEve'/etit@4] _ Public Concert _ Fair Festival m I <200 Block Pa _ Parade _ Demonstration _ Circus — c'1, Motion Picture _ Grand Opening _ Other ' �.+,� s , 4 Event Title j'Q C' S , A �g� t_ NLtituA ""-► Event LocationRCaX't X`P0ui. LS Total Anticipated Attendance:r (I�1L�L�� N Event Dates}: From S. jtor - p ( 1-0-Participants) MonthlDayll ear (_ Spectators) Actual Event Hours: ' r j pm to 1„w.QQ_ a t Setup/assembly/construction Dater _' X. _()3 Start time:9l In 7A ln- Please describe the scope of your setup/assembly work (specific details): ae Q W 6l.e. lbt 0V-L I Cdee orck`C'e bW U soc 4 '1.eco co.\ Dismantle Datero�% , �j . 03 Completion Time: :, b apm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. 10 S1 (-)5(1-c r-e-crtLe-re-84- Sponsoring Organizations C V Y \(� ` , ,1�2t—' '�` ` " "","` +— o _ pr.-Pr fit e) p� Chief Officer of Organization (Nam�.l,) 0.t1c ��kAk5 iv40 C•a, 1 t1 Applicant (Name_Ei 10�, ): LI fQ .. (1'�4e 5) (�. Address' i0 ,lamw , \. . `" ACVco1C'' j Daytime Phone:) 4/1,4 �l� 1. Evening Phone.) `[ IS aLi `"[Fax: 0 (, \'..e2Q. .,r Contact Person "on site" day of the event: Email Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are.adrnission, entry, vendor or participant fees required? YES — NO If YES, please explain the purpose and provide amount(s); s Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? a Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your, event such as the use of vehicles, animals, rides or any other pertinent information about the event. r*: ?ha AA/V=160e . rke1;7ii_uk..c -et 0 YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 xYES — NO Does the event involve the sale or use of alcoholic beverages? f. YES _ NO Will items or services be sold at the event? If yes, please describer RO-tr►ek¢.Voa4nc / ar}Cs 0rc.-iYs [LAVA Ir..p. -de...killa tAir A►A-Rie ;,u,t o YES O Does the event involve a moving route of any kind along streets, sidewalks or -N highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES O Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or ano ies? If YES: Les Apr _I, �Ul Number of tent/canopies �,,, Sizes t� YES ,_ NO NOTE: A separate Fire Depart nt permit is required for tents; �/ sQhvQ„ boa W L,� ►4., e-cr►ra-ct. Q YES T�-NO Will the event involve the use of the City stage or PA system"? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: u0 i -, P0. anopies Y•.e et,,. Alcoholic and Nonalcoholic Concession and/or Beer Garden are Please describe how food will be served at the event: c.0Y Food Concession and/or Food Preparation areas as. W LA die sotckct.\r If you tend to cook food in the¢vent area please specify the method: GAS ELECTRIC ✓ CHARCOAL OTHER (Specify):` ➢ Portable and/or Permanent Toilet Facilities ®(q . ('C� Y� kCii, Number of portable toilets: (1 for every 250 eople is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs • Fencing, barriers and/or barricades Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: (QICLNC".°&Irt_C ` `,'A kA c. kl j �. 6,4 OSA„�1°_10t�x,te' k`'�'(:ts'! (JIocAlVr��-WlQ. LA f�DLt�►1 ffatlimk- 3 Please describe your procedures for both Crowd Control and Internal Security: via E.C.s,)f.P JJ,q. wll` er6.0 [ZIA_it,tre.r>nr .t See ux.viI1 YES )CNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Fnone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Pleas • dicate wh arrang mentAyou have made for providing Fir Aid St ffi -nd Equipment. ( (,) t,\A � �.... 014 . cA lr n l.t..1,.Ck.s Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: 0 Please describe your plan for DISABLED PARKING: g ,ram VS + 42_ `l 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Vsz,s \ (-VAAi's bik),,s%L Q Q s OE 6-ua4 \AAA. v. CQ-ory Jed .---SCAQX i\r1r) LAA b A i;sARrwk (194LA-AAAR. ekcghnbhcrinru NOT Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. s elated to your event? If YES, YES NO please state the number of stages, number re there any musical entertainment eofrbands and type of music. Number of Stages: Type of Music: Number of Bands: '-YES NO Will sound amplification be used? If YES, please indicate: rt Start time: m Finish Time S`.k YES' NO Will sound checks be conducted prior tb the event? If YES, please indicate: Start time: amPpm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES '[NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: N(..... YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: t 9 S _v1/4.1As.Q. cS VA. MI .`(' bc) c x CX +✓CC9 ir&G % „ l7 (A, Revised 10/3/01 mCL 5 Event: ,for Office 'Use Only DepartmeQt , Date N ° Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes Vote: Kathleen Trees, Director Building & Safety Department 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the s, nsoring or,nization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. Q X— No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Im OLANUt C14 .ut cclk _ Organization Person in Charge of Activity Address LtQu �� �%ti".P � �� . _Eck_o VG C� Telephone LQ 1G - 41 it— i 5 o Date(s) of Use L U , _ HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. • Signature of Applicant , >9Si OR 07- /v-D3 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT August 5,2003 34 MEETING DATE AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT - NATIONAL CITY CHAMBER OF COMMERCE -TASTE OF NATIONAL CITY PREPARED BY Claudia Caro, Permit Tech EXPLANATION .,,.�. 1IMENT Building and Safety This is a request from the National City Chamber of Commerce to conduct its annual "Taste of National City" fund-raising event on A Avenue from 5:00 p.m. to 8:00 p.m. on Thursday, August 28, 2003. The event is open to the community for sampling food from various restaurants in the City. A six -piece ensemble band will provide entertainment. The Chamber is requesting that the 900 block of A Avenue be closed for the event. They are also requesting from the City the use of 50 rectangular tables, 150 chairs and a generator. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $345 for processing the T.U.P. through various City departments and $293 in Public Works costs. N/A Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Permit subject to compliance with all conditions of approval and grant the request for a waiver of the fees. se BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: Taste of National City DATE OF EVENT: Thursday, August 28, 2003 TIME OF EVENT: 5:00 p.m. to 8:00 p.m. APPROVALS: PLANNING FIRE FINANCE PUBLIC WORKS POLICE ENGINEERING CITY ATTORNEY RISK MANAGER YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES[x] NO[ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x] NO [ ] (COUNTY HEALTH DEPT., SD AND NC TRANSIT HAS BEEN NOTIFIED 7/14/03) SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL ENGINEERING 336-4380 1. Call Engineering department at least 72 hours prior to the event for any necessary coordination with contractors in the event of a construction site in the vicinity of the activity. Contact Charles at 336-4380. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement and a policy of general liability insurance with the City and its officials, employees, agents and volunteers as additional insureds, with amount of coverage to be determined by the Risk Manager. RISK MANAGER 1. Minimum limits of one million dollars per occurrence of general liability insurance (Done). 2. That the City of National City and its officials, employees, agents and volunteers be named as additional insureds on above policy (Done). 3. Standard hold harmless signed (Done). Continued.. NC Chamber Taste NC Page 2 FIRE 336-4550 1 Fire access to be maintained at all times. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. 2A:10BC fire extinguishers required for cooking areas. Fire extinguishers locations to be plainly marked and not to exceed a travel distance of fifty feet. 4. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and canopies placed together equaling or greater than the above stated areas, are to be used, they are to be flame-retardant treated and a permit form the Fire Department must be obtained. Permit fees are $85.00. Fees can only be waived by the City Council. PUBLIC WORKS 336-4580 1. Street Division will post "No Parking" prior to event and close the street the morning of the event. 2. Event personnel will be responsible for removing the barricades to corners after the event is over for pick-up by Public Works the next morning (cost $43) 3. Electrician to provide electrical and setup assistance (5 hours) 4. 2 Custodians to setup and help staff (4 hours). 5. Facilities cost $250.00 FINANCE 1. Each participating vendor must have a separate Business License. Vendors currently licensed by the City may operate on their existing license. A list of all approved vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department at least 2 weeks prior to the event for verification of business license numbers. 2. If any of the vendors or organizations is registered not for profit, there will be no charge for the business license. However, a business license certificate must be obtained from the City Revenue and Recovery Division, business license section. POLICE 1. Senior volunteer will be assigned to attend, in the event the volunteer's are not available at least 1 reserve Police Officer will attend. 2. Senior volunteers can only provide traffic control. Reserve's should be used if there are security concerns. Type of Event: _ Public Concert Parade Motion Picture Fair Demonstration Festival Circus Grand Opening Other Event Title: TASTE OF NATIONAL CITY X Community Event Block Party Event Location: Heritage Square - 900 block of "A" Avenue Event Date(s): From 8 / 2 8 / 0 3to1 day 400 Total Anticipated Attendance: Month/Day/Year ( Participants) ( Spectators) Actual Event Hours: 5 am/pm to 8 am/pm Setup/assembly/construction DateAug. 28 Start time:1 0 a.m. Please describe the scope of your setup/assembly work (specific details): 20 canopy tents will be set up. Request use of 50 rectangular tables/ 150 chairs and generator from City Dismantle Date: 8 / 2 8 / 03 Completion Time:9 p . m • am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. 900 block of "A" Avenue Sponsoring Organization:National Cit p For Profit X Not -for -Profit Chief Officer of Organization (Name) Edith A. Hughes , C C. E .0 . Applicant (Name): National City Chamber of Commerce Address: 901 National City Blvd., National City, CA 91 950 Daytime Phone:6(1 9 )477-9339 Evening Phone:(k1 9) 475-6124 Fax: 01 9) 477-5018 Contact Person "on site" day of the event: Edith Hughes Email edith@nationalchamber.-mbaL.mr/Cellular: (61 9) 890-2128 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS YES X NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: Admission only entitles attendees to sample food YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. "A" gve between 9(.h & Plaza one block only X YES _ NO Does the event involve the use of tents or can o ii es? 1 0 If YES: Number of tenticanopies 25 Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. H Food Concession and/or Food Preparation areas food will be prepared at Please describe how food will be served at the event: the restaurants of the participants and brought to the event. Food kept hot by hot plate or sterno cans If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 2 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs request 50 tables and 150 chairs from the City ➢ Fencing, barriers and/or barricades 2 street barricades requested at each end > Generator locations and/or source of electricity City generator requested > Canopies or tent locations (include tent/canopy dimensions) 1 Ox1 0 canopies rented ➢ Booths, exhibits, displays or enclosures none ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures none ➢ Vehicles and/or trailers none • Other related event components not covered above Trash containers and dumpsters furnished by EDCO DISPOSAL (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) taken care of by EDCO DISPOSAL Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Committee will clean up. EDCO will take trash 3 Please describe your plans to notify all residents, businesses and churches impacted by the event: All residents in the Square will be notifipa with a hand delivered letter at least one week before NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 0 Number of Bands: 1 six -piece ensemble Type of Music: oldies YES X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: P. A. system only YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES NO Any signs, banners, decorations, special lighting? If YES, please describe: signs wiih name of participating restaurants will be hung on each canopy Revised 10/3/01 5 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization National City Chamber of Commerce Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? X Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. Community Organization X No (Please proceed to Question 5) 8 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization National City Chamber of Commerce Person in Charge of Activity Edith Hughes 901 National City Blvd., National City, CA 91950 Address Telephone (619) 477-9339 Date(s) of Use Thursday, Auq. 28, 2003 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Chief Executiv? Officer Official Title Date July 7, 2003 For Office Use Only Certificate of insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2003 AGENDA ITEM NO. 35 / ITEM TITLE TEMPORARY USE PERMIT — KIWANIS CLUB OF SWEETWATER- CARNIVAL LC... PREPARED BY Claudia Caro, Permit Tech '' ENT Building and Safety EXPLAIMATiON his is a request from Kiwanis Club of Sweetwater to conduct a carnival on Lot 2 of e Plaza Bonita parking lot. The event will include carnival rides, food booths, games of skill and a candy wagon. The event dates are as follows: Setup dates August 12-13 9 a.m. — 6 p.m. Event (Thursday & Friday) August 14-15 5 p.m. — 11 p.m. (Saturday & Sunday) August 16-17 1 p.m. - 11 p.m. Teardown August 18 9 a.m. — 6 p.m. Alcohol will not be sold and carnival security will provide crowd control. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review N/A Financial ne Lilyelid incurred $191 in costs for processing the T.U.P. through various City departments and $50 in Finance Department Inspection costs. In addition, Finance is requesting a $2,500 bond be posted. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and approve the waiver of all fees. BOARD I COMMISSION RECOMMENDATION .__. N/ . . _ ..._. . ATTACHMENTS ( Listed Below } Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A -too (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Kiwanis Club of Sweetwater EVENT: Carnival DATE OF EVENT: August 14-17, 2003 APPROVALS: PLANNING FIRE FINANCE POLICE CITY ATTORNEY RISK MANAGER CONDITIONS OF APPROVAL: YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] FIRE 336-4550 1. Prior to opening to the public there will be an inspection of the site by Fire Department personnel. Please call the Fire Department when you are set-up and ready to be inspected. 2. All mechanically operated rides shall have at least one 2A:10BC fire extinguisher readily available for immediate use. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. (Christiansen has done this Kiwanis need to submit evidence) 2. Name the City of National City and Parking Authority of the National City, their officials, employees, agents and volunteers as additional insureds on the policy. (Christiansen has done this Kiwanis need to submit evidence). 3. Kiwanis Club of Sweetwater execute standard hold harmless with the Parking Authority as well as the City of National City. (Done). FINANCE 336-4330 1. A $2,500 bond and $50 inspection fee are required for the Carnival or Circus. They have to be paid at least 2 weeks prior to the start date of the event. 2. Each participating vendor must have a separate Business License. Vendors currently licensed by the City may operate on their existing license. 3. A list of all approved vendors (with their address, phone number and current National City business licensenumber) is to be provided to the Revenue Recovery Division of the Finance Department at least 2 weeks prior to the event for verification of business license numbers. 4. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, business license section POLICE 1. Elite Security should be hired as stated on page 4. 2. No other conditions. (The San Diego County Health Department has been notified via fax on 6/30/03). pit boat CAR)J(UAL. ,4 .4 1 -i`7; ZoO C'_hHstianseh MusemeAts Po, aoy 997, EsCoAdido, g2o33 C'i60o) 735- S 54 2 rN .�o i 6-� c'iV% �? J (uag1 J AJ.?12j v )73 S a1U T9 d7') aU 1 1 (�1-)58 -5 FL(Q,IL7 Z04 V )' or?" o)53 'Lbb xc'i4 od siy, asnrw-b1 as,nvL9. 9 !- 002e 'Z. / / 2, U 7a 7.v2ddo‘i$ -171?i j_q.s-3n'i a-2u-J7uy ad "CkA al- , °I - - II Jo{YJJaVa6 - Ua✓ woo_ SdJ alit+pod = -6 avry ya09-) 6� 1 oh =1,1 91v7S :),-9;1 Plaza Bonita CHRISTIANSEN AMUSEMENTS Kiwanis Club of Sweetwater Carnival Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, CA 91950 Thursday 8/14 5 pm to 11 pm Friday 8/15 5 pm to 11 pm August 14-17, 2003 Saturday 8/16 1 pm to 11 pm Sunday 8/17 1 pm to 11 pm Christiansen Amusements is requesting to conduct another family carnival at Westfield Shoppingtown Plaza Bonita just the same as it has in the past, however, this time there will be a joint sponsorship of the event to primarily benefit the Kiwanis Club of Sweetwater. This carnival event is targeted to reach the local community families surrounding Plaza Bonita and provide affordable, safe entertainment for the community and Plaza Bonita customers. Following is a list of rides and games. Not all of the rides and games will be used. The total number selected will depend on the actual layout availability. See the attached plot plan and ride list for details. A) Rides: Adult Rides: Sky Diver, Zipper, Hurricane, Scrambler, Tilt -A -Whirl, Gravitron, Bumper Cars Kiddie Rides: Merry -Go -Round, Cycle & Cars, Go-Gator, Lady Bugs, Bumble Bees, Tea Party Non -mechanical: Fun Factory, Inflatable Slide Bounce, Computer Portrait. B) Games: Glass Pitch, Rope Ladders, Derby Race, Water Race, Grab Bag, Milk Can, Balloon Dart, Mini - Basketball, Long Range Basketball, Hi -Striker, Ring Toss, Stop Sign, others. Christiansen Amusements has made standard policy for the these events the following elements which help make for a safe, enjoyable event for all who attend: 1) A temporary, six-foot cyclone fence surrounds each event with one clearly marked entrance as the only way into the carnival. This prevents random, uncontrolled access to and from the event. 2) Each event features a Security Guard staff that includes 1-2 guards monitoring the admission gate and collecting all admission tickets. Any customers in inappropriate attire or unruly groups are instructed that this is a family event and their actions must be accordingly. Also, 2-4 other guards patrol the grounds of the carnival throughout all open hours to insure safe and proper activity. Christiansen Amusements also has staff and supervisors that serve a security and control function. One final similar element is attendance. Unlike circuses and concerts, the crowds and total attendance are usually limited to a few hundred people at a time and a few thousand people total over the 30-hour weekend event. This means that with the exception of the two or three busy h ours Friday and S aturday evenings, crowds and parking and traffic flow are easily monitored and controlled. Christiansen Amusements knows that safety is the single most important element we must provide at our carnivals and we address the issue seriously, professionally and effectively. We will take every precaution necessary at Plaza Bonita to assure a safe and enjoyable atmosphere for everyone. WfWESTERAN FAIRS ASSOCIATION P.O. Box 997, Escondido, CA 92033-0997 • http://www.amusements.com Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 Christiansen Amusements Kiwanis Club of Sweetwater Carnival Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, CA 91950 Ride List 1. Gravitron 2. Hurricane C-10969 Game List Balloon Dart C-17378 Bean Bag 3. Kamikaze C-17222 Buoy Toss 4. Octopus C-179 Cat Punk Rack 5. Scooter C-13577 Derby Race 6. Scrambler C-180 Ducks 7. Sky Diver C-178 Glass Pitch 8. Tilt -A -Whirl C-175 Hi -Striker 9. Zipper C-4787 Long Range Basketball 10. Bumble Bees C-183 Machine (BB) Guns 11. Go-Gator C-6636 Mini -Basketball 12. Hampton Cars C-7102 One Ball 13. Hampton Cycles C-7101 Rainbow Pitch 14. Lady Bugs C-4016 Ring Toss 15. Merry -Go -Round C-174 Rope Ladders 16. Tea Party C-17188 Tubs Water Race Non -Mechanical 17. Fun Factory 18. Inflatable Super Slide Computer Portrait Food/Candy Wagon All rides OSHA approved. Bold C#'s are Major Rides. Electrical system meets NEC code Article�o�� WA Rides and games limited to space and availability and subject to change. WESTERN FAIRS P.O. Box 997, Escondido, CA92033-0997 • http://www.amusements.com ASSOCA➢oN Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 > Fax (760) 741-2670 'yFss ASS Type of Event: _ Public Concert Parade Motion Picture Event Title: Event Location: Fair Demonstration Grand Opening _ Festival Community Event Circus _ Block Party SC Other pLR2A gor)rTM CAR,vrvAL..- w €7w,f7 le164.3 44.46 3a Jp p«t714 eou/TA Rd n,p7iouAc c;itq c.4, zoo Event Date(s): From AUC' I y to 4", i7f Total Anticipated Attendance: 34)`' Month/Dav/Year 171 # g 5P7-//�.Y� • 79' fug Actual Event Hours: /e75" am/Otto // am/CD }JO t2 Setup/assembly/construction Date: w J " 1Start time: '''4414C" - FOo 471" o* rB 14, Participants) Spectators) W Please describe the scope of your setup/assembly work (specific details): u'/ TT WO .5&1Tt ✓ up tvdfdary 406of1- 12, y uf�EJ £ G4n16J' ci,ac dE wiely Fort, jpto ricA) YN6R4-d07, 4oufr /4/ j Zoo3 Dismantle Date: gut°/' 15 Completion Time: h 1po am/ rr) List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization /vL -44; s Clvb o I j 1J,t.rc'e gl.Ty For Profit Larry % �e-- Pres /Not-for-Profil Chief Officer of Organization (Name) ) Applicant (Name): Lam! 7 5/mot,/uL/C^S5j!/tQ Address: j��� ue /VGf,/G412?�fl yy ( "r l`/q5° Daytime Phoney ')47?-3334- Evening Phonet ) V7?-33-3 x: (• ') tet//&_ c4P/57i Al Contact Person "on site" day of the event Pager/Cellular: 9 �a ©^ 54,c 0 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? _YES NO Are admission, entry, vendor or participant fees required? L. YES _ NO If YES, please explain the purpose and provide amount(s):G A'Doi-642 CM.E444NC6 Fib to ALL Fl rT/ F,JOCec / V. 7,nuJ pcoifn $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ /Y fi4 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? . Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. pL€tft See: EP Sf/( T 2 YES NO Does the event involve the sale or use of alcoholic beverages? 74 YES NO Will items or services be sold at the event? If yes, please describe: Fiv D/ciPDP LVA6o) Auel coAlp(ATER- —p,uil 6 afr t?peri+l YES If NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: atos7 P*O dVCI P4 4 cot4M MA4 126• Pncxau9rot ) dW62J Rif p/t.fpARed eur10( Fool)Wii6o// awe FED Pi If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) A Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: 16 2 0 cortOM GR1 Describe your plan for clean-up and removal of waste and garbage during and after the event: C%+R.Aitnti, /4/16't9 (Ail" 8e CL.-ANCd Nl6117L r , Titas/i T/LuCK.S it op . ITIT AT Ttt GC roe C.01- FCTio/ c t'NL; 'E"I $I/ CF)tls Please describe your procedures for both Crowd Control and Internal Security: E LITC Sdo:N 5M.vice S wic.0 p2ovIdE Corkarc (,Am 6opcotS to pA7 L C i�(LN/AL 6aocw1 VOR1A5 All (loofa of oP 6R.raYIo,Ja YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: CL1t6 iHOta-i SE2uiCCS Security Organization Address: 2.g 71 ck M ° Pet itro SUurrl #26 0 S11N DIG:60) CA, 42./0P Security Director (Name): el. RA to Mu L 4 ea Phone: (6I %') 571- 1 Si 5" X YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: fACU ni(7is 641-461 HAt a.161-1T1 Gf' ItS ow/4 . My TCM pocAAY 1.16N7'Nd7 if LISC4 Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. ja.s-r Adi P/LaUiVCoj 112—r St/0 OFF/ C Please describe your Accessibility Plan for access at your event by individuals with disabilities: Cu ier (S o» PiA-m 9on+rr'4 pla&Icisv, L®r ctt¢tcr'I MAC ,60 126 5112-14rro4 to A665s, Ant)) PrtRkW. Sp/ Cyl luep 'a' -T 36' IAA R.RFa% Fon, vis 40i ty' cult L GAG Please provide a detailed description of your PARKING plan: 0 roCn.F it M 01,- E Dil �7ru A Alp e r�r c ee.s PAckl ,lot AtIc dN uN 01- SPAcc Ix 601Rt.0 Arr pzirapi g0"1nA PART..^, Lot ,. 4 Please describe your plan for DISABLED PARKING: USU OF G L ny ptA20 e'Q+.rr.4 PA2K0Sp464I: if Puy 1e26 NeedCBI to ff6 4444,tG For_ Pis ;teal PAQrly i/L1. ? . Please describe your plans to notify all residents, businesses and churches impacted by the event: PCgZt1 ®Otirrll 1S $poNS6di, -rdfl Wog wiL. 96 Am?' lf'N`j /r. T6MNT5. Loco R6SlD:N1S >CNuax,141 7G. pier W'C. 6' - IMpdci&C., d4' ?l/ giJ@JI7 WILL eF mei7I rIt+P tyv tAML oz. oTt1 4 Ms wat ►29 u+1ted NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES 7e NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YES ENO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe tic f'oX eA/UNe/Ls` nJ& s:Ti oe, 4J Aid/ lochs: o o pVL A7 K7n0 Of Luca AS Sloe c,A L, pat,lc6 PAL' tt'"" )S For Office Ilse Only Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial 6 BUILDING AND SAFETY DEPT. RECEIVED JUN 3 0 2003 NATIONAL CITY, CALIF, Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. ,c Name of the sponsoring organization / Ut en Jo IC Type of Organization Vl c e at'/ (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? d Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. Y No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? / Yes (Please provide an explanation and details. 161Gceeas Un ii 4 War/ 6vied 74 / zrna,e rg /..e * u ?�iG& Clb C�1a.6. mitt-55 ;� vo y, Rc Jth %asi p ,m No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization KtAW'ts 00,6 s 5tA, u r • Person in Charge of Activity Address 42014— ,T 74-1/`e-- Telephone ‘-r7 3 3 3 Date(s) of Use ic4j4 /7 , Zo®3 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the National City Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of A.pli Prey _/.ec- SWeet� Official Title V4414 , Date 00 3 For Office Use Only Certificate of Insurance Approved Date I C:/=��;1C�C���a���C�C���C/�����C�Cr�.�C�C�C�t� C�2�C�����c�i�:r�C�C�����������c���C�Cr:�\,'�� '�� �C '�� '�� '�� '�</: i7 f/•1�.._/..✓.✓J.�. ✓. ✓. ✓.✓.✓..✓.✓..�. ✓.✓. ✓.✓. ✓. ✓. ter.✓..✓. ✓..�..✓. ✓. ✓. ✓..✓..�.✓.✓...� ✓. ✓..✓. ✓. ✓. ✓. ✓. . �/.✓.. .�/. ✓.�, C,a C•J <<Ji C.J 0 ye ErlDEL S. KALIFF INSURANCE SUCCESSOR TO MORRIS H. KALIFF AND SON ESTABLISHED 1917 A 03 JU€N 30 II: tt, P.O. BOX 171225 SAN ANTONIO, TEXAS 78217 (210) 829-7634 FAX (210) 829-7636 OF CH Certificate of 3 nfiuro.nce This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by the policy(ies) described hereon, and is issued as a matter of information and confers no rights upon the Holder. The Policy identified below by a Policy Number is in force on the date of certificate issuance. Insurance is afforded only with respect to those coverages for which a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. Nothing herein contained shall modify any provision of said Policy. In the event of cancellation of the Policy the company issuing said Policy will make all reasonable effort to send Notice of Cancellation to the certificate holder at the address shown herein, but the company assumes no responsibility for any mistake or for failure to give such notice. Any Carnival or Circus Liability Insurance made a part of the Policy includes as a person insured ::ith respect to an occurrence taking place at a Carnival or Circus site (1) The Fair or Exhibition Association, sponsoring organization or committee (2) The owner or lessee thereof and (3) A municipality granting the Named Insured permission to operate. NAME & ADDRESS OF INSURED: Christiansen Amusements, Inc. 3136 Bernardo Lane Escondido, CA 92025 NAME & ADDRESS OF CERTIFICATE HOLDER: City of National City 1243 National City Boulevard National City, CA 91950 AMUSEMENT LIABILITY COMPANY BODILY INJURY AND PROPERTY DAMAGE LIABILITY COMBINED SINGLE LIMIT POLICY NUMBER EXPIRATION DATE ST PAUL SURPLUS LINES INSURANCE CO. $1,000,000 CSL LC00220103 4/2/04 GENERAL STAR INDEMNITY CO. $4,000,000 $1,000,000 EXCESS CSL OF IXG-357887E 4/2/04 TOTAL LIMITS $5, 000, 000 CSL ADDITIONAL INSURED: City of National City and the Parking Authority of National City, its officials, employees, agents and volunteers. For the dates of: August 11 - 19, 2003 June 27, 2003 DATE OF CERTIFICATE ISSUANCE l""•• �,y,•� • "„' ?r*:'."�•r"?•r! ifr�7� l*ti7?� 3::*'� :r'�r'r�fr" ^i.r�r�rr�F�r�'•r�rr . i^:i.• •rr tir rr in r % G:.k.10. . .,. r.�� te;4 �ey.11�4� �%.„1/4 0,tossy,±,.&,y �,4.t �0,�:'i��:p}yr'h aril ��.iiy:•i�. .,� �:���.��..�,� . n��✓T:�r". ".•/�i�✓�aT'✓r".�..'r� �-!iv/' ��. �.�:vs�;v✓4v�✓4`✓.±t✓.�✓,fv,v✓.��-7.�+���G��✓,.v✓.�.✓rv✓.�4v✓+�.�,�✓, � �✓, v4v.v✓..v✓cv�.v...✓.�✓.6v,U.v✓4 ,va ,�..,,�r City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2003 AGENDA ITEM NO. 36 ITEM TITLE PREPARED BY TEMPORARY USE PERMIT — PINERY CHRISTMAS TREES INC.-PUMPKIN STATION Claudia Caro, Permit Technician Building and Safety DEPARTMENT EXPLANATION This is a request from Pinery Christmas Trees Inc. to conduct a month long pumpkin station event on parking lot 2 at the Plaza Bonita Shopping Center from October 1-31, 2003. The hours of operation are as follows: Sunday thru Thursday 10:00 am - 8:00 pm Friday & Saturday 9:00 am - 9:00 pm This event will consist of a pumpkin patch & numerous kiddie rides. Free entertainment, which includes magicians, a ventriloquist, jugglers, a puppet show and a live animal show, will be provided on Saturday & Sunday, Environmental Review N/A Fina is``St to ent 1 hie City has mcurred $191.00 in costs in processing the T.U.P. application through various City Departments, $85 in Fire Department fees, and $50 inspection fees from the Finance Department. In addition, Finance is requesting a $2,500 bond be posted. Account No, N/A STAFF RECOMMENDATION Approve the Application for a Temporary se Permit su ject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Pinery Christmas Trees, Inc. EVENT: Pumpkin Station DATE OF EVENT: October 1-31, 2003 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MGR. YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS f 1 (Animal Control has been notified) SPECIFIC Conditions of Approval: FIRE (336-4550) 1. No emergency access shall be blocked at any time during this event. 2. A permit for the tent/canopies mentioned is available at the fire station. The fee is $85.00. 3. There shall be a Fire Department inspection of the area prior to opening to the public. RISK MGR (336-4240) 1. Provide minimum limits of one million per occurrence of general liability insurance. 2. Name the City of National City and Parking Authority of the City of National City their officials, employees, agents and volunteers as additional insureds on the policy. 3. Execute standard hold harmless with the Parking Authority as well as the City of National City. (Done) CITY ATTORNEY (336-4220) 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its official's employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE (336-4330) 1. A $2,500 bond and $50 inspection fee are required for the Carnival or Circus. They have to be paid at least 2 weeks prior to the start date of the event. 2. Currently, Pumpkin Station/Pinery Christmas Trees Company has a business license with the City. Any vendors other than Pumpkin Station will be present on this event, is required to have a separate business license. 3. A list of all approved vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue Recovery Division of the Finance Department at least 2 weeks prior to the event for verification of business license numbers. 4. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, business license section. Pumpkin Station Bonita Plaza Shopping Center Temporary Use Permit Application Description of Event: Pumpkin Station is a pumpkin patch and a children's carnival combined We cater to children age 2-9. We offer numerous rides including a boat ride, car ride, swing ride, bumble bee swing ride, lil' toot ride, inflatable slide, inflatable pumpkin jump, petting zoo and pony ride. Pumpkin Station also provides free entertainment on Saturday & Sunday's which include magicians, ventriloquist, jugglers, live animal show and puppet show (4 shows per day each weekend). Also available are 4 different games for the children, Turtle Fishing, Pumpkin Toss, Tic Tac Tow, and Ping Pong Toss with a winner every time. Pumpkin Station also offers Group Packages to local schools, day care centers and other children groups. Pumpkins We offer a very large selection of pumpkins from 1# size to Bodacious Pumpkins weighing over 150#. We also offer bales of straw, corn stalks, gourds of all sizes, and other holiday decorating items. Signame We have 2 signs — on at our entrance (4' X 8') and one on our storage trailer (10' X 40'). Experience This is our 4m year of experience operating Pumpkin Station —1 year at Plaza Camino Real in Carlsbad, and the last 2 years at Mission Valley Shopping Center in San Diego. ) 0 r,/ Sow PZ. OU7 /34 c le I E.„1„7,„ea_e_ivc Cpr, 7- in )9 116, Zoo o'nr)(410 CA-keptEs L.4,551E17 /.3Y SizE /A/ FE ET _ S 402 c,-77 pi)cJ/ h /911 6'4 071h Vo ? _ L.A2 re? /Torn Tr4 3›..n Type of Event: _ Public Concert Parade _ Motion Picture Fair Demonstration _ Grand Opening _ Festival Comm ent 3 2d,, _ Circus ` Block Party I. C�GJ� Other . Event Title: 1' um PX I N ST411 e,1� Event Location: BO Nit* 17LA2.,1 (1#t A.dbGF 'r}he 0s ID Event Date(s): From _ ^ = mto _ O Total Anticipated Attendance: ( Participants) ( Spectators) Actual Event Hours: t? r pm to �_ ame ?eat 6 f Setup/assembly/construction Date: 9l0 Start time: rim,/ 1. Please describe the scope of your setup/assembly work (specific details)• . ? 7ZtI c- Month/Day/Year 04,0 jilt s S•$ Kyp 7404. 6 erg ,col z # GCl1l-Tlele List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Dismantle Date: "Ai „ S®' Completion Time: +'ice Sponsoring Organization: /:1412 Qf' (,,, l,'I$Z M5 ` i>;16f SIG )c. For Profit Not -for -Profit Chief Officer of Organizaf n (Name) ‘)/12""oh/S'. ©fl•RM� Applicant (Name): !r%Zi l,�li:ly/ �.J 101'd/eR Air Address: Jo 6 b..'r 5RDOkv/8 a/ A Sow (7)10F.. ji 4 ry!�-- 9.2/3% Daytime Phone: a.-4d%y66Evening Phone: (�i�// I Fax: (g� 5.$6 "for, Contact Person "on site" day of the event: Ale./ ze4 GI!_S'iipAIi Pager/Cellular: 151 -6d O "f! d1/ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? _ YES l4 NO Are admission, entry, vendor or participant fees required? _ YES if YES, please explain the purpose' and provide'arnoiint(s)': " $ 1SQ Cato Estimated. Gross Receipts including ticket, product and spgnsorship sales from °this.event." ` 6 • $ /84 on Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will ,.receive as a,result of this event?, • Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. gee, /4414 6/..e_-r4 's YES — NO If the event involves the sale of cars, will the cars come,exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES g'NO Does the event involve the sale or use of alcoholic beverages? YES . NO , Will items or services be sold at.the event? If yes, please describe: TM Mr. M les, C#4� ldYah• ri a .$) ja. , eifarnrraho YES KO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the defection of travel, and provide a written narrative to explain your route. XYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the ge of tents or c nopies? If YES: _ Number of tent/canopies Sizes "3O %l3O % 4 x.Z / 3.4204#'d NOTE: A separate Fire Department permit is required for tentsor canopied. _ YES yNO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or, Beer Garden areas. Food Concession and/dr Food'Preparation arras ' Please describe hqw food will be served at the event: d d .fie rot/ SD Cc, Ss GI) // If you intend to cook food in the'eVent area please specify the method: . GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 5' (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) • > Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly.dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: • Describe your plan for clean-up and removal of waste and garbage during and after the event: P&lc. s 3-L/ 7 p'iiZ) yeah 3 Please describe your procedures for both Crowd Control and Internal Security. i--_ Ain . eft 1 val:e e it:d ci,001A9 YES 4N0 Have you hired any Professional Security g anization to handle security arrangements for this event? If YES, please lt Security Organization: Security Organization Address: . Security Director (Name): Phone: YES _ NO Is this a night event? If YES, please state how the event and surrounding area will Ile illuminated to ensure safety of the participants and spectatorf /�� WE NSL"'mooLQyen�$ ,9f4/ - f� arid „:,,ht !Vwcns Plea a indic to what arrang ment you have made for provid'ng First'Aid Staffing and Equipment. IAi..o. jar.e Firsr /J --rh now 6-iDH"f Aeot •t• d Please ascribe your Accessibility Pyn for accesyour g� individuals with d'sabiKi: �w� ©/� fop dt$ * .� h 4414i c PAase provide f detailed de cription of your ?AfRKING plan: t �in$Ia+eY"A�, 4 bi 7G Q>$41r � 1 0.4044 PL4 1n Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: flee /a'i e- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES _NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: _YES eCNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _YES pip Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Number of Bands: Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If Y6S, please describe: AYES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Li e iz Revised 10/3/01 5 on 06/24/2003 10:30 FU Westfield Facsimile SHOPPIHGVOWN PLAZA BONITA 3030 Plaza Bonita Road National City, CA 91950 Telephone (619)267-2850 Facsimile (619) A72-5652 DATE: fQ p P41 b3 TO: aOtAR0b-410 COMPANY: FACSIMILE NUM ER: FROM: PHONE NUMBER: "1b 267-2850 NO. OF PAGES: (619) 472-5652 Gc2 ( ©3 Ana-i s curk, co,j/L J14;AJ069 AAoh-virmas-q--42,(-19-od 4 `1/4. p `-fiber f The contents of this facsimile (including attachments) may be privileged and confidential Any unauthorized use of the contents is expressly prohibited. If you have received the document in error, please advise us by telephone (reverse charges) immediately and then shred the document. Thank you. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmlev^ ICING ANo sAFEry DEPY Agreement. Certificate of insurance must be attached to this permit. RECEIVED Organization JUN 2 7 2003 Person in Charge of Activity t koNAL CITY, CALIF Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the National City Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, eyees or contracyZrs. Por Ofhce Use Only b d.Zi 'a3 Date Certificate of Insurance Approved Date I d SLBS 9ES BSB saa-v. seagst.ayo R..iaud d9T:E0 EC se unC City of National City, California COUNCIL AGENDA STATEMEN MEETING DATE August 5, 2003 AGENDA ITEM NO. 37 ITEM TITLE TEMPORARY USE PERMIT — CALIFORMULA BROADCASTING- 17th ANNUAL FIESTAS PATRIAS PREPARED BY Claudia Caro, Permit Tech 36-4210 DEPARTMENT Building and Safety EPLA lt� a request from Califormula Broadcasting to conduct the 17th Annual Fiestas Patrias celebration in Kimball Park. The event will take place on Sunday, September 07, 2003, from 12:00 p.m. to 8:00 p.m., ending with a fireworks display. This will be a daylong family event/concert celebrating Mexican Independence Day. The request includes live bands performing on stage, food booths, beverage booths and community sponsored booths. The applicant is requesting that "D" Ave. between 12' and Civic Center and the eastbound lanes of 12th Street between A and D Ave. be closed from Saturday, September 6 at 11:00 a.m. until Sunday, September 7 at 8:00 p.m. The Police Department recommends that the event be held on Saturday to prevent an increase in the amount of cruising on Highland Ave. on Sunday during and after the event. The applicant is not requesting approval to serve or sell alcoholic beverages. Environmental Review Financial Statement Total estimated costs for the event are $9,671.38. Account No, STAFF RECOMMENDATION Approve the Application for a Temporar Use Permit subject to compliance with all Conditions of Approval. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS 1 Listed Below ! Resolution No, Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Califormula Broadcasting EVENT: 17th Annual Fiestas Patrias DATE OF EVENT: September 7, 2003 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES .[ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PARKS & REC. YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x. ] BLDG & SAFETY YES [x ] NO [ ] SEE CONDITIONS [ x ] CDC YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x 1 NO I 1 SEE CONDITIONS [ x 1. CONDITIONS OF APPROVAL: FIRE 336-4550 1 Emergency access shall be maintained at all times during this event. 2. All fire hydrants and Fire Department connections shall remain unobstructed at all times. 3. The 10x10 canopies referred to in the TUP application shall be spaced a minimum of 10 feet apart. 4. There shall be NO cooking inside any canopy. 5. Each cooking booth shall have a properly serviced 2A:10BC fire extinguisher available at all times. 6. All electric power used shall be properly grounded, inspected and approved. 7. A site plan is required. The plan shall show the locations of all cooking areas, booths, entertainment, fireworks display area and Fire Department access routes. 8. A permit is required for the fireworks display. The permit fee is $85.00 and is to be obtained at the Fire Department by the fireworks company at least 14 days prior to the event. 9. The fireworks display shall be conducted by a CSFM licensed contractor. A copy of the contractor's license and all insurance information is required. 10. A Fire Department inspection shall be conducted of the area prior to opening to the public. PARKS & REC. 336-4290 1. • Califormula Broadcasting to pay for all overtime of this event. 2. 1 Senior Park Caretaker needed for set-up on 9/6/03 3. 6 staff for day of event. 4. Cost $1,185.05 CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. One million dollars of liability insurance by the fireworks provider. 3. That the City of National City and it's officials, employees, agents and volunteers be named as additional insureds on each policy. 4. Standard hold harmless signed. (Done) FINANCE 336-4330 1. Each participating vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all approved vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department at least 2 weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not for profit, there will be no charge for the business license. However, a business license certificate must be obtained from the City Revenue and Recover Division, business license section. PUBLIC WORKS 336-4580 1. The street division will post "No Parking" signs on "D" and on 12"' Street and also barricade the streets (and remove) for the event. 2. Total cost $217.96 CDC 336-4250 1. Fireworks no later than 9pm and conclude program. 2. Provide access to Morgan/Kimball Towers at all times. 3. Direct speakers away from Towers and adjacent homes. POLICE 336-4400 I. The Police Department recommends the event be held on a Saturday, a Sunday event will intensify the cruising problems on Highland Avenue. 2. The Police Department recommends 1 Lieutenant, I Sergeant and 15 Officers should work event on overtime. 3. Event organizers should be required to hire 20-30 security guards from a professional licensed company. 4. The cost to Califormula Broadcasting would total $7,838.37: a. I Lt. x 9 hours @ $74.35 per hour = $669.15 b. 1 Sgt's x 9 hours @ $61.58 per hour = $554.22 c. 15 officer's x 9 hours @ $49.00 per hour = $6,615.00 (Estimate does not include 2%® pay increase for Police salary effective 7/8/03) ENGINEERING 336-4380 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity, call Charles at 336-4380. BUILDING & SAFETY DEPT. 336-4210 1. A notification shall be mailed to residents adjacent to Kimball Park. Notification must be mailed 72 hours prior to the start of set-up activities for the event and must include the following: a. Name and telephone number of the sponsor of the event b. The nature of the event c. The date and hours of set-up and tear -down for the event d. The date and hours of the event e. The name of the sponsor's representative who will be at the park on the day of the event as well as during set-up and tear -down, and how that representative may be contacted should the need arise. 2. A copy of the notification shall be submitted to the Building and Safety Department for approval prior to mailing it to the residents adjacent to Kimball Park. 3. The applicant shall reimburse the City for the following costs: a. Parks and Recreation $ 1,185.05 b. Fire Department $ 85.00 c. Public Works $ 217.96 d. Building & Safety $ 345.00 e. Police $ 7,838.37 TOTAL $ 9,671.38 The above are estimates of costs incurred to the City in conjunction with the event. The applicant shall reimburse the City for its actual costs, which may be more of less than the above estimates. The applicant shall pay all costs for repair of damaged irrigation heads, valves, and broken sidewalks occurring as a result of the event. No vehicles shall park on park walkways. 4. Provide 24-hour security. (The San Diego County Health Department, National City Transit and SD Transit have been notified via fax on 6/12/03). City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Califormula Boradcasti ng Person in Charge of Activity Libia Sauna R Address 1690 Frontage Road, Chula vista, rA 91911 Telephone 619- 628-3464 Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. o(a Signature of l»Splicant I c. Vce Pcs/leh11" 5-4 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 44404, 1 a ��®� FpF'°r. Tyggee of c Concert Festival ;_Community Eve `ups, i 'ublic Concert _Fair — Block Party c.7. Parade _ Demonstration — Circus Grand Opening Other ' 0 —Motion Picture _ P 9 — '4</p Event Title: 17th Anneal Fiestas Patrias Event Location: x; mba 11 pk Event Date(s): From 9/7/03to 9/7/03 Month/Day/Year Total Anticipated Attendance: 30,000 Participants) xx P ) ( xx Spectators) Actual Event Hours: 12 :0earn/pm to 8 :00 am/pm Setup/assembly/construction Date: 9/ 6/ 0 3 Starttime: 1 1: 0 0 am Please describe the scope of your setup/assembly work (specific details): Dismantle Date: 9/ 7 - 9/ g ompletion Time: 11 n n am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. II I9 T..,.r,,,. s_ �+-h u� i h� Rati�rr3�v 9 /6 0 1 1 • 00 am +-0 Sunday 9 dates and times. Sponsoring Organization: Cal i formula Broadcasting For Profit Not-for-Profit Chief Officer of Organization (Name) Alej andro Diaz Applicant (Name): Lou Fernandez Address: 1690 Frontage Road, Chula Vista, CA 91911 Daytime Phone: (61 9) 62.8-3458 Evening Phone: (61 4) 628-345RFax: () 423-1 81 8 Contact Person "on site" day of the event: Gabriela Narvae Pager/Cellular: 619 - 51 7 - 91 9 7 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? xx YES _ NO If YES, please explain the purpose and provide amount(s): Display and selling opportunities $ 37 000 .0ffstimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 90 .000 . 00 Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Will be a free concert for�the commune �,�,� a}inrar.i at - loyal listeners. Ending with a firework show. Px- o our YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 L _ YES NO Does the event involve the sale or use of alcoholic beverages? yES NO Will items or services be sold at the event?_ If yes, please describe: Various food items and bey x_ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X- YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies rrn kn ownSizes 1 OX10 NOTE: A separate Fire Department permit is required for tents or canopies. YES x_ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Each sponsorG different way of serving food° If you intend to cook food in the event area please specify the method: GAS xx ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 25 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condNumber .) o Trash containers with lids: Number of trash cans: Describe your plan for clean-up and removal of waste and garbage during and after the event: J & S Power Cleaning will be in charged of the clean-up during and after the event. 3 Please describe your procedures for both Crowd Control and Internal Security: The National City POlice Dept. will be hired and also :a private security agnecy. AYES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: In process of selecting one Security Organization Address: Security Director (Name): Phone: YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. San Fri egn American Red Cross will he prQvis7i nrg fi r't ai ri Please describe your Accessibility Plan for access at your event by individuals with disabilities: The Park counts with disabled parting and access for handicap individuals Please provide a detailed description of your PARKING plan: Both parking lots that are available wi11 e used. The one seith access from "A" St. will be solely used for handicap patrons, v StVatcribe yoSr p an?o b1SAB�hE67 I eKI "Di° st . will be opened to the public Please describe your plans to notify all residents, businesses and churches impacted by the event: F1yorG will bP mailed out at least twn w1 in a�z�Lnr NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. AYES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Type of Music: Number of Bands: 1 0 - 1 5 )YES — NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm RYES — NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 1 2 :00 pm am/'pm Finish Time 1 1 : 00 amam/pm Please describe the sound equipment that will be used for your event: Speakers, CD/DAT player, amplifiers, microphones XXYES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 5 minute firework show at the closure of the event. YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Lighting for the stage baners on the stag area surroundin Revised 10/3/01 on th 5 For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date Received MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 5, 2003 AGENDA ITEM NO. 38 ITEM TITLE TEMPORARY PREPARED BYClaudia Caro, EXPLANATION USE PERMIT —SWEETWATER TOWN & COUNTRY MERCHANTS - SALSA & COUNTRY WESTERN DAYS � g1 Permit Tech.336-42 0 TmET Building and Safety This is a request from the Sweetwater Town & Country Merchants Association to sponsor an event in the parking lot at 1722 Sweetwater Rd. from 10:00 a.m. to 3:00 p.m. on Saturday, August 16, 2003. The free event will consist of an Island Day event, which consists of Samonan, Hawaiian & Guamanian dance groups. A DJ will be playing Islander music. There will also be clowns, arts and crafts and face painting. The Association is also requesting permission to hang 4 banners at the entrance to the shopping center. A waiver of fees is requested. The event does not meet the criteria in Council Policy No. 704 for a waiver of fees X Environmental Review N/A Financial Statement The City has incurred $150.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and deny the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday, August 16, 2003 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 10:00 a.m. to 3:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[ ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. Maintain Fire Department access at all times. 2. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy-five feet. 3. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for its entire width and length. Aisle widths not to be less than 44 inches wide. 4. Fire protection equipment, hydrants, fire department connections, etc. shall not be block or obstructed at any time. 5. Minimum of one 2A:10BC fire extinguisher required to be within 30 feet of generator. FINANCE (336-4330) 1. Each participating vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all approved vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department at least 2 weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, business license section. 3t42e Ns -Tf( hcarns Ropy. Q 0 3am€s Sr'EE•W^SEP mawnalut Err RESUME siSLMM ',FROM a mtKsm KEA 1211.42 rt. Sla Bert. Mal{ ACM Si) WAS 11114.0.01.111. EO7161A =1454 rt. sELTOMO ii1930.rt+l,fida TOT AL OIYCKIA m9F3c. rt..140,40S IKC5O CTwA IG mASO SE M.. CMS TOIKYMIW VAST S4.16 treasi0 CIA.I= 1111\Ills, ISVIITLW.MTMMMG m..e 66 PT MEL STAILMOIM211 TOWRMFI 20011n R. GW VALLVOOMM Eu! stR. 1gtK $000 ARD. =DM soil .2y o,y CC SITE STATE ROUTE 54 PLAN O� SWEETWATER TOWN & COUNTRY Type of Event: _ Public Concert Parade _ Motion Picture Event Title. Fair Demonstration Grand Opening Festival Circus Other _ Community Event Blocs rty sla — Event Location: .5)3 cina town Ci t t I'y9 S t Cetkr Event PP Dat From _ , Total Anticipated Attendance: Month/Day/Year ( I Participants) pectators) Actual Event Hours: /t •Qam/pm to 360 ampRa. Setup/assembly/construction Date: #1- v'litalt'time: 10.00pA Please describe the scope of your setup/assembly work (specific details): gnat-, Dismantle Date: 403 Completion Time: t A0 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Chief Officer of Organization Applicant (Name): / s, E' Address: Daytime Phone: ee illven ng Phone: ( Contact Person "on site" day of the event: Pager/Cellular: I, • aMtp fiqAA- NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor r participant fees required? If YES please ex lain the purpose and provide a i 1 nt(s): COl AL_A $ � Estimated Gross Receipts including ticket, product and sponsorship sales from this event. YES NO $ oEEstimated Expenses for this event. $ � PqNhati is the projected amount of revenue that the Nonprofit Organizat ill nn receive as a result of this event? � 1 "�� �.rdU.o Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent inform tion abo the event. LI Wt Q Q t a.'cDoAnn_ uuLAI, ,J I oo-tJ. No c YES an 116 O If the event involves the sale of ca , will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES LNo Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES AO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES 0 Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS _ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs 60 Fencing, barriers and/or barricades Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures I 1 X!4 Scaffolding, bleachers, platforms, stages grandstands or related structures > Vehicles and/or trailers > tether related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during andafter the event: �,`L�f 1���:� �� d� Uir 53/t6 Please describe your procedures for both Crowd Control and Internal Security: bolo _ YES O Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES 0 Is this a night event? If YES, please state how the event and surrounding area 6' S will be illuminated to ensure safety of the participants and spectators: Pleaseindicatewhar angem nt you have made for pr viding First Aid Staffing tafing and Equipmnt. ta-(AL /A% IA1,1A.,)XQi K-1 C OL Plea e describe your Accessibility Plan for acce at your event by individuals uXitthh dis bilities: 414 trn s2 t. (42 (m a._/ e I 61A ,/i l--- Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, bgsinesses and churches impacted by the event: NOTE: Neighborhood residents must be nofied 72 hours in advance when events are scheduled in the City parks. X'a YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: l CC Type of Music: S tx\ YES NO Will sound amplification be used? If YES, please indicate: Start time: I C) am/pm Finish Time +9,® am/pm _ YES O Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: NO Any signs, banners, decorations, special lighting? If YES, please describe: nA/ Y V_ t-A,X.XX 39-Q ►) 003. Revised 10/3/01 a%1 5 For Office `Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department BUILDING AND SAFETY DENT. RECEIVED JUL 2 1 2003 NATIONAL CITY, CA .lF: Date Received 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Nartte of the sponsori anization Type of Organization U (.6-.,,QQ X.� %Q (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) ?c No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details, No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. XNo (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Yea funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Date eat 9