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HomeMy WebLinkAbout2004 05-18 CC AGENDA PKTAgenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — May 18, 2004 6:00 P.M. i Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager any matter that you desire the City Council to consider. We thank you for your presence and wish you to know that we appreciate your involvement. Pledge of Allegiance to the Flag by Mayor Nick Inzunza Approval of the minutes of the Adjourned Regular Meeting of March 13, 2004, Special Meeting of April 20, 2004 and Regular Meeting of May 4, 2004. 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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 5/18/04 PAGE 2 PROCLAMATIONS Proclaiming Tuesday, May 4, 2004 as: "WORLD ASTHMA DAY" Proclaiming Thursday, May 6, 2004 as: "NATIONAL DAY OF PRAYER" CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. 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 the title only. (City Clerk). 2. Resolution of the City Council of National City authorizing the Mayor to enter into an Agreement with Katz Architecture to design needed improvements in the City Hall Public Works/Engineering area, the Human Resource area and the City Clerk's lobby area. (Public Works/Engineering) 3. Resolution of the City of National City accepting the work, approving the Final Contract Balance Change Order and authorizing the filing of the Notice of Completion for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 03-5. (Public Works/Engineering) 4. Resolution accepting the lowest responsive, responsible bid from Softchoice Corporation and authorizing award of bid #GS0304-1 for Microsoft software licenses for the Police Department. (Purchasing) 5. Resolution approving a Conditional Use Permit for a shopping center at the northwest corner of Plaza Boulevard and Highland Avenue and a variance for less than required off-street parking, for a sign in the 10 foot setback area along Highland Avenue, and for two wall signs where one is allowed. (Applicant: Studio C Architects. Case File Nos. 2003-29/Z-2003-12) (Planning) COUNCIL AGENDA 5/18/04 PAGE 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the Mayor and Council to sign a response letter to the Grand Jury pertaining to the Grand Jury Report "Is There a Need for a Regional Fire Authority and Rescue Helicopter in San Diego County." (Fire) 7. Resolution authorizing the City of National City to apply for funds from the Urban Forestry Grant Program as provided by Proposition 12 Funding. (Parks & Recreation) 8. Resolution authorizing the Mayor to enter into an Agreement with PBS&J to provide financial services for the collection of delinquent sewer service fees. (Public Works/Engineering) 9. Resolution of the City Council of the City of National City approving salary band and benefits for a newly established classification of Neighborhood Council Coordinator. (Human Resources) 10. Notice of Vacancies and Status Report on Boards and Commissions. (City Clerk) 11. Notice of Decision — Approval of a variance for a three foot side yard setback where five feet is required for a single-family house on the west side of the 1500 block of Coolidge Avenue. (Applicant: Jose A. Gutierrez) (Case File No.: Z-2004- 2) (Planning) 12. WARRANT REGISTER NO. 43 (Finance) Ratification of Demands in the amount of $1,464,125.17. 13. WARRANT REGISTER NO. 44 (Finance) Ratification of Demands in the amount of $542,970.55. COUNCIL AGENDA 5/18/04 PAGE 4 CONSENT CALENDAR (Cont.) 14. Consolidated Cash and Investment Report as of January 31, 2004. (Finance) 15. Claim for Damages: Alejandro Galeana (City Clerk) 16. Claim for Damages: Marfelix Arceta (City Clerk) 17. Claim for Damages: Juana Flores (City Clerk) 18. Claim for Damages: Giovanni Flores (City Clerk) 19. Claim for Damages: Antonio_ Flores (City Clerk) 20. Claim for Damages: Abigail Flores (City Clerk) 21. Claim for Damages: Fructuoso and Candalaria Claracay (City Clerk) PRESENTATION 22. Proposed Public Safety Initiative (City Manager) PUBLIC HEARINGS 23. Public Hearing — Regarding appropriation of FY 2003/04 Supplemental Law Enforcement Services fund. (Police) **Refer to Item #27 24. Continued Public Hearing — Conditional Use Permit and Tentative Subdivision Map for the conversion of 97 apartments to condominiums at 915 E. 4th Street. (Applicant: Westone Management Consultants) (Case File No.: CUP-2003-8/S- 2003-1) (Planning) COUNCIL AGENDA 5/18/04 PAGE 5 NON CONSENT RESOLUTION 25. Resolution authorizing the Director of Public Works/Engineering to establish "No Parking" zones south of the driveway at 1506 L Avenue. (G. Jarsulic, TSC Item No. 2004-15) (Public Works/Engineering) 26. Resolution authorizing the Director of Public Works/Engineering to establish a red "No Parking" zone on the northeast and southeast corner of Wilson Avenue and 19th Street. (L. Aguirre, TSC Item No. 2004-19) (Public Works/Engineering) 27. Resolution authorizing appropriation of FY 2003-2004 Supplemental Law Enforcement Services Fund. (Police) **Refer to Item #23 ORDINANCES FOR ADOPTION 28. An Ordinance amending Title 8 of the National City Municipal Code by amending Chapter 8.04 (Animal Control and Impoundment), Chapter 8.08 (Large Animals and Large Birds at Large or Grazing), Chapter 8.16 (Dog Regulations), Chapter 8.24 (Kennels), and Chapter 8.32 (Keeping of Birds and Animals). (City Attorney) 29. An Ordinance of the City Council of the City of National City amending Section 14.04.070 of the National City Municipal Code pertaining to collection of delinquent sewer service charges. (City Attorney) NEW BUSINESS 30. Temporary Use Permit — National City Auto Heritage Day. (Building & Safety) 31. Discussion of fee waivers at City facilities. (Council initiated) WRITTEN COMMUNICATIONS 32. Letter from the City Clerk's office to the V.I.D.A. Foundation regarding their request to Council to approve a National City Public Art Committee. (Council initiated) COUNCIL AGENDA 5/18/04 PAGE 6 STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — June 1, 2004 - 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 r >— froclantatirm r WHEREAS, asthma has reached epidemic proportions in the United States, affecting about 20 million people, including 6.3 million children; and WHEREAS, asthma is the leading cause of childhood hospitalizations, long-term illness, and school absenteeism, accounting for more than 14 million missed school days each year; and WHEREAS, each year 2 million people are rushed to emergency rooms and 5,000 people die from asthma; and WHEREAS, there are simple steps people can take to reduce their exposure to environmental asthma triggers; and WHEREAS, the City of National City and the U.S. Environmental Protection Agency are encouraging. Americans to identify and reduce their exposures to environmental triggers in homes and schools, and incorporate environmental controls into their asthma management plans. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Tuesday, May 4, 2004 as: WORLD ASTHMA DAY We call upon all citizens of National City to help in reducing the amount of environmental triggers found in our community. Inzun Mayor idad ember Ron Morrison Councilmember i7S (-(c Fideles Ungab Councilmember st Y it of 'atiu na1 fit# cam' Proclamation WHEREAS, we live during a time of great and historic change, and our observance of a National Day of Prayer reminds us that we can always place our trust in faith; and WHEREAS, when our ancestors finally reached these shores, they gave thanks for their very lives — and for the promise of freedom in a new land; and WHEREAS, whatever our individual religious convictions may be, each of us is invited to join in this National Day of Prayer. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Thursday, May 6, 2004 as: NATIONAL DAY OF PRAYER We call upon all citizens of National City take a moment to commemorate this event in their own individual manner. Frank Parra Vic- ayor ilm• ber Nick Inzunza Mayor Ron Morrison Councilmember Fideles Ungab Councilmember N ITEM #1 5/18/04 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 #'EETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 1 • 2004 AGENDA ITEM NO. 2 (-ITEM TITLE Resolution of the City Council of National City Authorizing the Mayor to Enter into an Agreement with Katz Architecture to Design Needed Improvements in the City Hall Public Works/Engineering Area, the Human Resources Area, and the City Clerk's Lobby Area PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4383 EXPLANATION See attached explanation. 2 Environmental Review N/A Financial Statement Approved By: Funds are available for the design contract in account number STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS f Listed Below i 1. Resolution 2. Contract 3. Company Biography Finance Director Account o 189-409-000- 288-0000 Resolution No. A-209 I9 99: Explanation: Attached is a contract with Katz Architecture to complete plans and specifications for the "face-lift" of the Public Works/Engineering/Human Resources and City Clerk lobby area of the City Hall. Katz Architecture is very familiar with the City and its contracting requirements as they are the architects for the new Fire Station currently under construction. Katz Architecture will put together complete plans and specifications so the City Hall remodeling project can be competitively bid in accordance with all California State Public Contract Codes. The contract also procures Katz's assistance during the bidding and construction phases of the project. The contract with Katz Architecture is for a lump sum amount of $21,000. For further details of the work, please see the scope of work section in the attached contract. The construction cost is preliminarily estimated at between $130,000 and $150,000, not including the systems furniture, chairs, etc (FFE). We are estimating the FFE at $60,000. As part of the design process, Katz Architecture will assist in the selection of systems furniture and layout workspaces to accommodate the selected systems. Ergonomics of each workspace will be a high priority in the design. Based upon the above, this remodeling project will cost in total (design, construction, and furniture) between $211,000 and $231,000. I estimate the design and contract documents will take 2 months to complete. A month will then be required for a bidding period. Followed by two to three months for construction. Night work or phased construction maybe necessary. This entire project is estimated to require half a year to complete. RESOLUTION NO. 2004 — 78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KATZ ARCHITECTURE TO PROVIDE ARCHITECTURAL SERVICES FOR THE RENOVATION OF THE OFFICE SPACE IN THE PUBLIC WORKS/ENGINEERING, HUMAN RESOURCES, AND CITY CLERK LOBBY AREAS OF THE CIVIC CENTER WHEREAS, the City desires to employ a contractor to provide architectural services for the renovation of the office space in the Public Works/Engineering, Human Resources, and the City Clerk lobby areas of the Civic Center; and WHEREAS, the City has determined that Katz Architecture is an architectural firm and is qualified by experience and ability to perform the services desired by the City, and Katz Architecture is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an agreement with Katz Architecture to provide architectural services for the renovation of the office space in the Public Works/Engineering, Human Resources, and the City Clerk lobby areas of the Civic Center . Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND Jeff Katz Architecture THIS AGREEMENT is entered into this 18th day of May, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and JEFF KATZ ARCHITECTURE (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide architectural services for renovation of the office space in the National City Public Works/Engineering and Human Resources Departments. WHEREAS, the CITY has determined that the CONTRACTOR is an Architect and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "1". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "1" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. Revised August 2003 3. PROJECT COORDINATION AND SUPERVISION. Stephen Kirkpatrick, Acting Director of Public Works / Engineering Department hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Jeff Katz thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "1" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "1" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion of this project will be six months from date of contract. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR . agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised August 2003 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRAC- TOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors; shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever 3 Revised August 2003 nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The 4 Revised August 2003 CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, l and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may beincurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 Revised August 2003 B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. employees. ment. For purposes of determining \vho is to he considered the prevailing party. it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of Revised August 2003 the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall -be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 7 Revised August 2003 be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Jeff Katz Architecture 7290 Navajo Road, Suite 106 San Diego, CA 92119 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section R7103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised August 2003 The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or byor to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against 9 Revised August 2003 the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Two signatures required for a corporation) By: By: Nick Inzunza, Mayor Jeff Katz Principal APPROVED AS TO FORM: By: George H. Eiser, III (Name) City Attorney (Title) 10 Revised August 2003 Jeff Katz Architecture EXHIBIT "1" May 4, 2004 Mr. Stephen M. Kirkpatrick Director of Public Works/Engineering The City of National City Department of Public Works 1243 National City Boulevard National City, CA 91950 RE: Architectural Services National City City Administration Remodel Scope of Work and Fee Proposal Dear Steve: Based on our meeting of April 27, 2004„I have prepared the following fee proposal for the renovation to the existing Public Works, Engineering and HR Departments (approximately 7,000 square feet). Work will include remodels of existing services counter, replacement of existing ceilings and light fixtures, new HVAC grilles, new carpet and paint, new window blinds, coordination of new partition furniture layout and minor modifications to existing restrooms. We are proposing to offer the following scope of services: SCHEMATIC DESIGN PHASE Prepare as -built drawings of existing conditions. Develop preliminary space plans indicating proposed furniture layouts, etc. Develop preliminary elevations of proposed casework. Develop color board for proposed finishes. Work with furniture vendor to layout systems furniture Review layouts and finish selections with City 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 Fax (619) 698-9178 11 Revised August 2003 National City Admin Remodel May 4, 2004 Page 2 After obtaining written approval of Schematic Design we will proceed into Construction Documents. CONSTRUCTION DOCUMENTS PHASE Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required architectural and. It is assumed for this proposal that the City of National City will provide all required General and Supplementary Conditions and Bidding Information: Submit plans to City of National City Building Department for plan check, and perform all required revisions to construction documents based on Building Departments plan check comments (Note: plan check and permit fees are not included). Provide Construction Cost Estimate. Meet with City of National City as required to review final design and construction documents. BIDDING PHASE Provide final original drawings and specifications for use in bid packages. For this proposal it is assumed that the City of National City will advertise, assemble and distribute bid packages. Interpret and clarify contract documents for contractors, and assist in issuing addenda as required. Attend a Pre -Bid walkthru at the site with all interested contractors. Participate in bid opening, review contractor's detailed cost breakdown, and assist the City of National City in evaluation of the bids. CONSTRUCTION ADMINISTRATION PHASE Construction contract administration services are based on a Two month construction period, from Authorization to Proceed through Punchlist Inspection. The following services will be provided: Attend Pre -Construction conference. Jeff Katz Architecture-7290 Navajo Road, Suite 106 -San Diego, California 92119 (619) 698-9177 Fax (G19) 698-9178 National City Admin Remodel May 4, 2004 Page 3 Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. Interpret contract documents (including all subconsultant disciplines) for proper execution and progress of construction, including responding to contractor's requests for information and clarification. Make one scheduled site visit every week during the course of construction (total of 8) to observe the project, and prepare site visit report. Site visit shall include meeting with contractor and City representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents. Make one additional site visit to perform Punchlist Inspection, and one additional visit to perform Final Inspection. Punchlist Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. Assist in reviewing and processing contractor's progress payment requests, and certifying the amounts due to the Contractor. ADDITIONALSERVICES TO BE PROVIDED ON AN HOURLY BASIS The following items are not included in the Basic Services, and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule (Exhibit 'A'). Revisions to Schematic Design or Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction. Construction site visits provided in excess of the visits defined under the Construction Administration Phase which are requested by the City, or made necessary through delays in the construction schedule or other elements outside the control of the Architect (for either Architect or subconsultant engineers). Jeff Katz ArchitecLuro 7290 Navajo Road, Suite 10GSan Diego, California 92119 (619) 698-9177 Pax (619) 698-9178 National City Admin Remodel May 4, 2004 Page 4 Environmental Investigation Services to analyze the existing building for the presence of lead or asbestos. Plan check and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost. I propose to provide the stated basic services for a fixed fee of Twenty One Thousand Dollars ($21,000.00). Invoices will be submitted monthly, in a format acceptable to the City, for the percentage of work completed during the month, on any particular phase. I am available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 698-9177. Respectfully, Jeff Katz, AIA Principal Ai a Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (6(9) 698-9177 • Fax (619) 698-9178 Exhibit "A" HOURLY RATE SCHEDULE The following rates apply to work performed on an hourly basis. Principal Architect $ 120.00 per hour Project Manager $ 95.00 per hour Specification Writer $ 90.00 per hour Construction Administrator $ 100.00 per hour Drafter $ 65.00 per hour Secretarial $ 40.00 per hour Structural Engineer $ 140.00 per hour Civil Engineer $ 120.00 per hour Mechanical Engineer $ 115.00 per hour Electrical Engineer $ 125.00 per hour Landscape Architect $ 100.00 per hour Reimbursable Expenses will be charged at 1.1 times the direct cost. Note: These rates will remain in effect until December 31, 2004, at which time they may be adjusted as a result of salary reviews. Jeff Katz Architecture - 7290 Navajo Road, Suite 106 San Diego, Calirdrnia 92119 (119) 698-9177 • Pax (919) 698-9178 FIRM DESCRIPTION & HISTORY Architectural Services - City of National City Name of firm, address and phone number of contact person. Name of Firm: Jeff Katz Architecture Address: 7290 Navajo Road, Suite 106 San Diego, California 92119 (619) 698-9177 Fax (619) 698-9178 email: jeff@jeffkatzarchitecture.com Primary Contact: Jeff Katz, AIA, NCARB Architectural Registration CA 18223 NV 4026 History of Jeff Katz Architecture Jeff Katz Architecture is a full service Architectural, Planning and Construction Management firm founded in 1992. The firm's Principal Architect, Jeff Katz, AIA, has many years of experience working on public and private sector projects for a variety of clients including the City of National City, City of San Diego, City of La Mesa, City of Chula Vista, San Miguel Consolidated Fire Protection District, City of Banning, Murrieta Fire Protection District, SeaWorld San Diego, Hewlett Packard„ San Diego Unified School District and the Department of Defense. Mr. Katz has his NCARB Certification, and is currently licensed to practice architecture in the states of California and Nevada. The firm carries Professional Errors and Omissions Insurance from a nationally recognized carrier. Since 1992, the firm has concentrated on public sector clients and specificallyCity Agencies, doing work for: City of National City • City of Chula Vista • San Miguel Fire Protection District • City of San Diego • City of La Mesa Alpine Fire Protection District FIRM DESCRIPTION & HISTORY Architectural Services. - City of National City Building types have included: • Fire Stations & Operations Facilities • Educational Facilities • Office Buildings • Warehouses • Maintenance Facilities • Food Service Facilities • Computer Facilities • Recreation Facilities Recent clients have included the City of National City (new 20,000 SF Headquarters Fire Station), City of San Diego (three new 10,000 SF Fire Stations), City of La Mesa Fire Department (a new 19,000 SF Headquarters Station and Administrative Facility, as well as a new 9,000 SF replacement Fire Station for an existing fire station demolished as part of the extension of SR125), City of Chula Vista Fire Department (a new 14,000 SF Fire Station as well as two additional 4,000 SF Fire Stations), San Miguel Consolidated Fire Protection District (a new 7,100 SF Replacement Fire Station and a new 7,650 SF Fire Station), SeaWorld San Diego (20,000 SF Education Facility, and a 3,000 SF building and 30,000 gallon pool Facility to Treat Oiled Wildlife) and the San Diego Medical Services Enterprise (a 2,000 SF addition to the existing City of San Diego Fire Communications Center and Emergency Operations Center). We are, above all, a service -oriented firm, concerned with finding architectural solutions to our clients' functional, human and economic needs. These solutions are arrived at through the integration of site opportunities, client requirements and our aesthetic and technical expertise. At the same time, we are always conscious of the need to minimize both near and long-term costs. As a consequence, Jeff Katz Architecture will provide aesthetic, economic and technically accurate solutions that fulfill your needs and allow you to achieve your goals. Because of the unique nature of our public sector clients, particularly the constant need for public accountability, Jeff Katz Architecture has developed three key characteristics: • We have never missed a client imposed deadline. ® Our cost estimates have consistently been within ± 5% of bid price. • Change orders, other than owner requested changes, have averaged less than 1%e Jeff Katz Architecture and the other members of the design team maintain offices in San Diego County. The location of this project will be served, as all our projects, with responsiveness by all members of the design team to meet the needs of the City of National City. PROJECT TEAM Architectural Services - City of National City Qualifications of the Principals, including primary responsibility of each. JEFF KATZ, AIA Jeff Katz Architecture Principal -In -Charge Mr. Katz received his professional education from California Polytechnic State University, San Luis Obispo, earning a Bachelor of Architecture degree. He has his NCARB Certification, and is currently licensed to practice architecture in the state of California and Nevada. Mr. Katz has successfully completed the S.A.V.E. certified 40 hour seminar in Value Engineering. He has attended seminars and is a recognized expert on ADA (Americans with Disabilities Act) accessibility requirements. Mr. Katz has practiced architecture since 1983, specializing in a variety of institutional and public sector work, including several fire station projects for Cities and Fire Protection Districts. He is currently working on the design of a new Headquarters Fire Station and Administrative Facility for the City of La Mesa. This follows up on the recently completed Fire Station No. 12 for the City of La Mesa Fire Department. This project included Site Evaluation and complete design, construction documents and construction administration for a 9,000 square foot, $2,100,000 station. Mr. Katz is currently over -seeing construction of the National City Main Fire Station, a 19,000 square foot facility which includes four drive through bays, housing for 11 fire personnel, as well as an Emergency Operations Center and a large display space to house the Department's historical artifacts. The $7,000,000 project started design in July, 2003, and started construction in March 2004, with completion anticipated in February, 2005. Mr. Katz was also the Principal -In -Charge for San Diego Fire Station 46, a 10,000 square foot, $2,100,000 project designed for The Santaluz Community and the City of San Diego. This project included a 3 bay drive through apparatus area, living quarters for 10 firefighters, as well as Dayroom, fitness, office and shop areas. This project completed construction in February, 2004. Mr. Katz was the Principal -In -Charge for the City of Chula Vista Fire Station 7 project. This design/build project involved the design of a 14,000 square foot Fire Station to house 11 fire personnel. This $4,000,000 project was designed and completed construction within a one year timeframe, in time for the grand opening on September 11, 2003. Mr. Katz is a member of the San Diego Chapter of the American Institute of Architfcts. He is active in his community as a coach for several youth sports teams. 27 Jeff Katz Architecture • 7290 Navajo Road, Suite 106 - San Diego, California 92119 • Phone (619) 698-9177 • Fax (619) 698-9178 .EETING DATE May 18, 2004 City of National City, California COUNCIL AGENDA STATEMENT 3 AGENDA ITEM NO. ITEM TITLE A Resolution of the City Council of National City accepting the work, approving the Final Contract Balance Change Order, and authorizing the filing of the Notice of Completion for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 03-5. PREPARED BY Din Daneshfar EXPLANATION 336-4387 DEPARTMENT See attached explanation. Public Works/Engineering Environmental Review N/A Financial Statement The final total construction cost is $231,749.75. Approved e This amount is within the estimated budget for the project (Reso. 2003-166). i1 Pros 14'y t nonce erector Funding is available 1-a ugh Account NOs.109-409-500-598-6134, 301-409-500-598-6133, 109-409-500-598-6137, and 301- 409-500-598-6137. e amount of the final payment (5% retention) is $11,587.49, which wiqec do®u on) ong the recording of project acceptance. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION \ N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Final Contract Balance Change Order Resolution No. 3. Notice Of Completion A-200 19 92( RE: Resolution of the City Council of National City accepting the work, approving the Final Contract Balance Change Order, and authorizing the filing of the Notice of Completion for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 03-5 On December 2, 2003, by Resolution No. 2003-166, the City Council awarded a contract to Portillo Concrete, Inc. for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 03-5. Based upon the estimated bid quantities, the total bid cost for the project was $226,107.50. On February 2, 2004, the Contractor commenced the work. During the construction phase, certain bid quantities were adjusted to reflect the actual. measured improvements in the field. As the result of the, adjusted quantities, tF e contract amount was increased per the each bid unit price in the total amount of $5.,642:25. The adjusted quantities (highlighted) are further detailed inthe. attached 1 Contract ;:Final Balance. On March 12, 2004, the Contractor completed the work: The contractcompletion time. was 45 working days. The Contractor was able to complete the work within 30 working days. On April 19, 2004, a final inspection was conducted and the work was found, to be in accordance with the approved plans and specifications. On April 30, 2004, the contractor submitted the final contract documents for the project closure. The purpose of the Contract Final Balance Change Order is to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. The total original contract amount for the construction is increased in the amount of $5,642.25 with a final cost at $231,749.75. RESOLUTION 2004 — 79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL CONTRACT BALANCE CHANGE ORDER, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT (Engineering Specification No. 03-5) WHEREAS, at its regular meeting on December 2, 2003, the City Council adopted Resolution No. 2003-166, which awarded a contract to Portillo Concrete, Inc. for the Miscellaneous Concrete Improvements at Various Locations in National City Project (Specification No. 03-5); and WHEREAS, during the construction phase, certain bid quantities were adjusted to reflect the actual measured improvements in the field, at the cost of $5,642.25. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby approves the Contract Final Balance Change Order for the Miscellaneous Concrete Improvements at Various Locations in National City Project, Engineering Specification No. 03-5. BE IT FURTHER 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 PORTILLO CONCRETE, INC., Engineering Department Specification No. 03-5, for the Miscellaneous Concrete Improvements at Various Locations in National City Project has been completed, the City Council of National City hereby approves the final contract balance change order in the amount of $5642.25, accepts said work, 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 18th day of May, 2004. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE SHEET Page 1 of 2 MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5 FINAL INSPECTION DATE: 4/19/04 PROJECT NO. 6133, 6134, 6137 AND 6138 COMPLETION DATE: 5/18/04 LlL is aJI..+v NO ITEM QUAN- TITY UNIT UNIT PRICE ORIGINAL AMOUNT FINAL QUAN- TITY FINAL AMOUNT 1. Clearing and Grubbing 1 LS $5,000.00 $5,000.00 100% $5,000.00 2. Concrete Sidewalk Removal and 11,725 • SF $5.50 $64,487.50 13,724.5 $75,4 84.75 3. Installation of Pedestrian Ramp Per G-28, Type A-1 or 16 EA $1,200.00 $19,200.00 8 $9,600.00 4. Installation of Pedestrian Ramp Per 4 EA $1,200.00 $4,800.00 5 $6,000.00 5. Installation of Pedestrian Ramp Per G-31, or Modified 28 EA $1,100.00 $30,800.00 26 $28,600.00 6. 6" or 8" Type "G" Curb and Gutter Removal and Replacement Per G-2 235 LF $30.00 $7,050.00 461 $13,830.00 7, Variable Thickness A.C. 42 TN $200.00 $8,400.00 35 $7,000.00 8. Traffic Control 1 LS $3,000.00 $3,000.00 100% $3,000.00 9. Installation of New Sidewalk per G-7 14,625 SF $5.00 $73,125.00 14,841 $74,205.00 10. Crushed Misc. Base 40 TN $50.00 $2,000.00 0 $ - I1. Unclassified Excavation and Fill 20 CY $50.00 $1,000.00 0 $ - 12. Installation of Concrete Driveway per G14A/B 1035 SF $7.00 • $7,245.00 1,290 $9,030.00 TOTAL $226,107.50 $231,749.75 FINAL CONTRACT BALANCE SHEET Page 2 of 2 MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. Date: 4/30/04 FINAL INSPECTION DATE:4/19/04 PROJECT NO. 6133, 6134, 6137 AND 6138 COMPLETION DATE: 5/18/04 The total contract price for the bid to date is $231,749.75. The total time provided for completion in the contract is 45 working days. The work was completed Within 30 working days. The Contractor accepts this Final Contract Balance Change Order as full compensation for the work. Recomi ded for Approval by: in Daneshfar, City Project Manager Mario Portillo President/CEO Stephen M. Kirkpatrick Acting Director of Public Works /Engineering Date Date City of National City Resolution Number Date RECORDING REQUESTED BY WI-IEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 18, 2004, of the MTSCEI ANF,OTJS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPEC NO 03-5 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at various locations in National City 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 Portillo Concrete, Inc. Name of Original Contractor The following work and material were supplied: Foreman, Mason (finisher), Saw -Cutter, Operator General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: _MA Joint tenants, tenants in common, or other owners Dated: , 2004; Signature of Owner Nick Inzunza, 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 , 2004, at , California. Signature: NICK INZUNZA, MAYOR FORMS/NOCI-1 City of National City, California COUNCIL AGENDA STATEMENT _.dEETING DATE May 18, 2004 AGENDA ITEM NO. 4 (-ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Softchoice Corporation, and authorizing award of bid #GS0304-1 for Microsoft Software Licenses for the Police Department. PREPARED BYBrenda E. Hodges, C.14.9ART ENT E PLA ATION(619) 336-4570 �( ,,l or' Purchasing Request for Bids were issued for software licenses for the Police Department as follows: 90 each: Windows Office XP Standard 95 each: Windows 2000 Professional SP3 Bids were mailed to nine (9) vendors, netting three viable responses. Bids were opened and read publicly on May 3, 2004, with no vendors present for the opening. The award will be in the total amount of $35,489.94, including tax and delivery. This award is approximately $5,700.00 less that the department estimated. Environmental Review N/A Financial Statement FY0304 funds are available. Approved By. / U /• Finance Directo $33,289.19: 255-411-000-306-0000 $2,200.75: 131-411-(bc 1 N000 STAFF RECOMMENDATIO That the award be made as recommended, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS f Listed Below } Bid Abstract Resolution Resolution No. A-200 (9 99) RESOLUTION NO. 2004 — 80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM SOFTCHOICE CORPORATION, AND AUTHORIZING AWARD OF BID #GS0304-1 FOR MICROSOFT SOFTWARE LICENSES FOR THE POLICE DEPARTMENT WHEREAS, the Purchasing Department of the City of National City did, in open session on May 3, 2004, publicly open, examine and declare all sealed bids for 90 Windows Office XP Standard software licenses and 95 Windows 2000 Professional SP3 software licenses for the Police Department. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for 90 Windows Office XP Standard software licenses and 95 Windows 2000 Professional SP3 software licenses to the lowest responsive, responsible bidder, to wit: SOFTCHOICE CORPORATION BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorize the Purchasing Agent to execute a purchase order on behalf of the City between Softchoice Corporation and the City of National City for 90 Windows Office XP Standard software licenses and 95 Windows 2000 Professional SP3 software licenses for the Police Department. PASSED and ADOPTED this 18th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Vendor SoftChoice Enpoint Technologies Software House Int'l MicroAge CDW-G CompuCom Systems Dell Computers Insight Technologies ASAP Software BID ABSTRACT BID #GS0304-1 Corp Office Location San Diego, CA El Segundo, CA Phoenix, AZ Temp, AZ Vernon Hills, IL Sacramento, CA Round Rock, TX Tempe, AZ Sacramento, CA Bid Details $35,489.94 $36,044.10 $36,054.98 No Bid No Response No Response No Response No Response Returned, address unknown MEETING DATE May 18, 2004 City of National City, California COUNCIL AGENDA STATEMENT 5 AGENDA ITEM NO. i-ITEMTITLE Resolution approving a Conditional Use Permit for a shopping center at the northwest 'N\ comer of Plaza Boulevard and Highland Avenue and a Variance for less than required off-street parking, for a sign in the 10 foot setbck area along Highland Avenue, and for two wall signs where one is allowed. Applicant: Studio C Architects. Case File Nos. CUP-2003-29/Z-2003-12. PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXT. EXPLANATION The City Council voted to approve this item at the May 4, 2004 public hearing. The attached resolution is needed to follow through on the action. Environmental Review Financial Statement N/A STAFF RECOMMENDATION Adopt the attached resolution. N/A Categorical Exemption MIS Approval BOARD / COMMISSION RECOMMENDATION N/A LResolution ATTACHMENTS ( Listed 'Wow 1 A-200 (Re,77/03) Approved By; Finance Director Account No. Resolution No, RESOLUTION NO. 2004 — 81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SHOPPING CENTER AT THE NORTHWEST CORNER OF PLAZA BOULEVARD AND HIGHLAND AVENUE AND A VARIANCE FOR LESS THAN REQUIRED OFF-STREET PARKING, FOR A SIGN IN THE 10 FOOT SETBACK AREA ALONG HIGHLAND AVENUE, AND FOR TWO WALL SIGNS WHERE ONE IS ALLOWED APPLICANT: STUDIO C ARCHITECTS CASE FILE NOS. CUP-2003-29/Z-2003-12 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a shopping center at the northwest corner of Plaza Boulevard and Highland Avenue and a Variance. for less than required off-street parking, for a sign in the 10 foot setback area, along Highland Avenue and for two wall signs where one is allowed at a duly advertised public hearing held on May 4, 2004 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings the City Council considered the staff report contained in Case File Nos. CUP-2003-29 and Z-2003-12, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held May 4, 2004, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the rectangular one acre property is large enough to accommodate 13,100 square feet of retail space and 52 off-street parking spaces. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed addition of 3,700 square feet of retail space will generate approximately 150 average daily trips, which can easily be accommodated by Plaza Boulevard (a prime arterial) and Highland Avenue (a major arterial) which are both operating below capacity. Resolution No. 2004 — 81 May 18, 2004 Page Two 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the property, which is currently used for commercial purposes, is located in a major commercial corridor in the City. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will upgrade the appearance and functionality of a prominent commercial corner in the City. FINDINGS FOR APPROVAL OF THE VARIANCE 1. That because of special circumstances applicable to the property, including topography, and location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the sloping nature of the property and its location in a major commercial corridor make it difficult to provide all required off-street parking and to locate freestanding signs outside of required setback areas. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since a condition of approval restricting the area that can be devoted to a restaurant use will lead to a mix of uses that will not generate a greater demand for parking than will be provided on -site. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since retail strip commercial center are allowed in the General Commercial Zone with a Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit and Zone Variance is approved subject to the following conditions: 1. This Conditional Use Permit/ Zone Variance authorizes a shopping center at the northwest corner of Plaza and Highland with a freestanding sign in the setback area along Highland, two wall signs where one is allowed and a total of 52 parking spaces where 66 are required. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised and B-revised, Case File no. CUP-2003-29/Z-2003-12, dated 2/9/2004. Resolution No. 2004 — 81 May 18, 2004 Page Three 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. Prior to issuance of building permits the applicant shall provide agreement that allows the City and other civic organizations to use the two reader boards to the City Attorney for review and approval. 4. Not more than 1,500 square feet of the total floor area shall be used as a restaurant/cafe/deli. 5. Check cashing and pay day advance businesses are prohibited from operating on the premises. 6. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 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. 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. 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 private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works. 9. 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. 10. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. Resolution No. 2004 — 81 May 18, 2004 Page Four 11. The deteriorated portions of the existing street improvements (Approximately 40' of sidewalk on Plaza Blvd. and Highland Avenue) along the property frontages shall be removed and replaced. 12. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Public Works as soon as filed. 13. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 14. 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. 15. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (Approximately 60' on Highland Avenue) shall be replaced with curb, gutter and sidewalks. 16. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 17. 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. 18. 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. 19. Before this Conditional Use Permit/ Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit/ Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded Resolution No. 2004 — 81 May 18, 2004 Page Five 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/ Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 20. 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 shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 18th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ritEETING DATE 05/18/04 City of National City, California COUNCIL AGENDA STATEMENT 6 AGENDA ITEM NO ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor and Council to Sign a Response Letter to the Grand Jury Pertaining to the Grand Jury Report "Is There a Need for a Regional Fire Authority and Rescue Helicopter in San Diego County" PREPARED BY DEPARTMENT Donald Condon, EXPLANATION Acting Fire Chief 619/336-4550 The San Diego County Grand Jury began an investigation into the need for a Regional Fire and Rescue Helicopter Program and a Regional Fire Authority to support it. The Grand Jury was the final stage of the investigation when Firestorm 2003 occurred. The Grand Jury produced their report, with six recommendations. The Grand Jury is requiring National City to respond in writing to four of their six recommendations: 04-01-2, 04-01-3, 04-01-4, and 04-01-5. Environmental Review x 1dfJi Financial Statement There is a potential fmancial requirement from National City of approximately $33,000 annually for the operation of a regional helicopter program. TAFF RECOMMENDATION Account No. Approve the Resolution authorizing the Mayor and Council to sign the response letter to the Grand Jury. BOARD 1 COMMISSI RI COG MEND .ATCON N/A ATTACHMENTS TS isted Below =) Resolution NlO. 1. Report by the Grand Jury on "Is There a Need for a Regional Fire Authority and Rescue Helicopters in San Diego County"., 2. City of National City letter of response. RESOLUTION 2004 — 82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A RESPONSE LETTER TO THE SAN DIEGO COUNTY GRAND JURY PERTAINING TO THE GRAND JURY INVESTIGATING INTO THE NEED FOR A REGIONAL FIRE AUTHORITY AND RESCUE HELICOPTER IN SAN DIEGO COUNTY WHEREAS, the San Diego Grand Jury began an investigation into the need for a Regional Fire and Rescue Helicopter Program and a Regional Fire Authority to support it; and WHEREAS, the Mayor and City Council are required to respond in writing to four of the six recommendations in the Grand Jury's report. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a response letter to the San Diego Grand Jury pertaining to the Grand Jury investigation into the need for a regional fire authority and rescue helicopter in San Diego County. PASSED and ADOPTED this 18th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney GRAND JURY County of San Diego Hall of Justice 330 W. Broadway, Suite 477 San Diego, CA 92101-3830 (619) 515-8707 Fax (619) 515-8696 Thomas E. McCarthy, Foreman March 3, 2004 CONFIDENTIAL San Diego County Board of Supervisors County Administration Center 1600 Pacific Highway, Room 335 San Diego, CA 92101 Mr. Michael Ott, Executive Director San Diego Local Agency Formation Council County Administration Center 1600 Pacific Highway, Room 452 San Diego, CA 92101 See Attached Mailing List of Fire Departments RECC.f; National City Fire Dept° MAR 0 4 2004 AM 7,8,9,10,11,12,1,2,3 San Diego City Council City Administration Building 202 C Street, 10th Floor San Diego, CA 92101 Honorable Dick Murphy, Mayor City of San Diego City Administration Building 202 C Street, 11 th Floor San Diego, CA 92101 Re: Grand Jury Report entitled: "Is There A Need For a Regional Fire Authority And Rescue Helicopters In San Diego County?" Dear Ladies and Gentlemen: The 2003-2004 San Diego County Grand Jury herewith provides the referenced report for your review and comment to the Presiding Judge of the Superior Court in compliance with the Penal Code of California §933(c). This report was prepared pursuant to §§925, 925a, 928 and 933.5 of the Penal Code. In accordance with Penal Code §933.05(e), a copy of this report is being provided to affected agencies two working days prior to its public release and after being approved by the Presiding Judge of the Superior Court. Grand Jury Report 2 March 3, 2004 Please note that §933.05(e) specifies that no officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to its public release. This report will be filed with the Clerk of the Court and released to the public on Wednesday, March 10, 2004. TEM//Iln enc. Sincerely, 2003-2004 SAN DIEGO COUNTY GRAND JURY THOMAS E. MCCARTHY Foreman Attached Mailing List Larry Kinard, Fire Chief Alpine Fire Department 1834 Alpine Blvd. Alpine, CA 91901-2107 Scott Walker, Fire Chief Bonita Fire Department 4900 Bonita Road Bonita, CA 91902-1725 Gary Adams, Fire Chief Borrego Springs Fire Department P.O. Box 898 Borrego, CA 92004-0898 Kevin Crawford, Fire Chief Carlsbad Fire Department 2560 Orion Way Carlsbad, CA 92008-7240 Douglas Perry, Fire Chief Chula Vista Fire Department 447 F. Street Chula Vista, CA 91910-2216 John Traylor, Fire Chief Coronado Fire Department 1001 6th Street Coronado, CA 92118 Charles Maner, Fire Chief Deer Springs Fire Department 8709 Circle R Drive Escondido, CA 92026-5802 Jack Gosney, Fire Chief Del Mar Fire Department 2200 Jimmy Durante Blvd Del Mar, CA 92014-2216 Darrell Jobes, Fire Chief East County Fire Department 1811 Suncrest Blvd. El Cajon, CA 92021-4246 Ed Jarrell, Fire Chief El Cajon Fire Department 100 E. Lexington Ave. El Cajon, CA 92020-4517 Donald Heiser, Fire Chief Encinitas Fire Department 505 S. Vulcan Ave. Encinitas, CA 92024 Victor Reed, Fire Chief Escondido Fire Department 201 N. Broadway Escondido, CA 92025-2709 Frank Sotelo, Fire Chief Imperial Beach Fire Department 865 Imperial Beach Blvd. Imperial Beach, CA 91932-2702 Pat Fauble, Fire Chief Jacumba/Rural Fire Department P.O. Box 464 Jacumba, CA 91934-0464 Kevin Dubler, Fire Chief Julian Cuyamaca Fire Department P.O. Box 33 Julian, CA 92036-0033 Doug Matter, Fire Chief La Mesa Fire Department 8054 Allison Ave. La Mesa, CA 91941-5001 Paul Stein, Fire Chief Lakeside Fire Protection District 12365 Parkside Street Lakeside, CA 92040-3006 Kevin Eggleston, Fire Chief Lemon Grove Fire Department 7853 Central Ave. Lemon Grove, CA 91945-2541 Attached Mailing List Charles Andrews, Fire Chief Lower Sweetwater Fire Protection District 2711 Granger Ave. National City, CA 92050 Randy Kimble. Fire Chief National City Fire Department 333 E. 16`h Street National City, CA 91950-4507 William Metcalf, Fire Chief North County Fire Protection District 315 Ivy Street Fallbrook, CA 92928-2138 Robert Osby, Fire Chief Oceanside Fire Department 300 N. Coast HWY Oceanside, CA 92054 Fred Cox, Fire Chief Pine Valley Fire Protection District P.O. Box 130 Pine Valley, CA 91962 Mark Sanchez, Fire Chief Poway Fire Department 13050 Community Road Poway, CA 92064 James Garrett, Fire Chief Ramona Fire Protection District 2249 Jamacha Road El Cajon, CA 92019 Erwin Willis, Fire Chief Rancho Santa Fe Fire Department P.O. Box 410 Rancho Santa Fe, CA 92067 David Nissen, Fire Chief San Diego Rural Fire Protection District 14145 HWY 94 Jamul, CA 91935 Lam Webb, Fire Chief San Marcos Fire Department 1 Civic Center Drive San Marcus, CA 92025-4906 Larry Kinard, Fire Chief San Miguel Consol Fire Protection District 2850 Via Orange Way Spring Valley, CA 91978-1746 Jeff Bowman, Fire Chief San Diego Fire -Rescue Department 1010 Second Avenue, Ste. 400 San Diego, CA 92101 Bob Pfohl, Fire Chief Santee Fire Department 10601 N. Magnolia Ave. Santee, CA 92071-1266 George George, Fire Chief Solana Beach Fire Department 500 Lomas Santa Fe Solana Beach, CA 92075-1333 Kevin O'Leary, Fire Chief Valley Center Fire Protection District 28234 Lilac Road Valley Center, CA 92082 Dwight VanZanen, Fire Chief Vista Fire Department 175 N. Melrose Drive Vista, CA 92083 Kevin O'Leary, Fire Chief Yuima Water District 282 34 Lilac Road Valley Center, CA 92082 IS THERE A NEED FOR A REGIONAL FIRE AUTHORITY AND RESCUE HELICOPTERS IN SAN DIEGO COUNTY? ,, DIEGC >�yt, A Report by the San Diego County Grand Jury 2003-2004 March 10, 2004 Report 2003/4-01 IS THERE A NEED FOR A REGIONAL FIRE AUTHORITY AND RESCUE HELICOPTERS IN SAN DIEGO COUNTY? In July 2003, the first month in its term, the San Diego County Grand Jury began an investigation into the need for a Regional Fire and Rescue Helicopter Program and a Regional Fire Authority to support it. The Grand Jury was in the final stages of the investigation when Firestorm 2003 occurred. We are fully aware that other organizations have undertaken investigations and are making recommendations relevant to this issue. Nevertheless, the Grand Jury believes that issuing this report now will best serve the citizens of San Diego rather than to wait until all the ongoing investigations are completed. SUMMARY Several years ago, the San Diego Fire - Rescue Department recognized the potential value of a large, well-equipped helicopter for public safety. They took the initiative to secure both public and private funding which allowed the leasing of a Bell 212 HP helicopter for trial programs during the 2002 and 2003 fire seasons; the aircraft was designated County Copter 1. A 90-day pilot program was run in 2002 and a longer program took place in 2003. The goal of the program was to provide a helicopter with multi -mission capabilities for responses to firefighting and rescue incidents. Before the programs with County Copter 1, the California Department of Forestry (CDF), the Sheriffs ASTREA helicopter (with Bambi Bucket), and the U.S. Forest Service provided air support for fire suppression. Because CDF and U.S. Forest Service air support are not under local control they are subject to being called away to other fires during the fire season. Until recently they were not available at all during the winter. In the past, U.S. military firefighting air support was not authorized to provide help on short notice. County Copter 1 made its services available throughout all of San Diego County. During the 90-day deployment in 2002, County Copter 1 responded to 45 emergency incidents. During the total deployment in 2003 the helicopter responded to 185 incidents. The Grand Jury found San Diego to be the only large county in the state that does not have one or more fire and rescue helicopters. There is no single county coordination / control organization for fire safety; in fact there are 53 independent fire agencies. The San Diego County Fire Chiefs' Association, representing the chiefs of these agencies, has sent letters to the San Diego County Board of Supervisors and SAFE (Service Authority for Freeway Emergencies) stating their unanimous support for the Regional Fire and Rescue Helicopter Program. SAN DIEGO COUNTY GRAND JURY 2003 — 2004 (March 10, 2004) 1 Report 2003/4-01 After researching the San Diego Fire - Rescue Department proposal, the Grand Jury concludes that the County of San Diego is in critical need of two or more regional fire / rescue helicopters. The aircraft should be under the supervision of a yet to be defined regional fire authority. PURPOSE The San Diego County Grand Jury initiated a study to answer the following questions: • Is there a need for a regional fire / rescue helicopter program in San Diego County? • Is there a need for a countywide regional fire authority? DISCUSSION At this time, there is no year round helicopter assigned to San Diego County that can provide all the services that County Copter 1 has been providing on a seasonal basis. Between July 1 and December 31, 2003 County Copter 1 responded to 185 incidents (see Table 1). Included in these incidents were both wilderness and urban fire fighting. They performed victim extrication from remote areas. They assisted in rescuing victims from traffic accidents. They were able to deliver equipment and personnel to a scene of an accident despite major traffic gridlock. They also transported a critically injured victim to a trauma center significantly increasing the victim's chance of survival. Table 1 -- Incidents from July 1 through December 31, 2003' Description City County Total Vegetation Fires 28 36 64 Air Rescues (cliff, etc.) 26 7 33 Vehicle Rescues 40 0 40 Medical Aids 16 0 16 Patient Transports 3 1 4 Water Rescues 3 0 3 Structure Fires (2nd & 3rd alarms) 7 0 7 High Rise Structure Fire 1 0 1 Vehicle Fires 3 0 3 Search and Rescue 1 2 3 Animal Rescue (Horse) 0 1 1 Vehicle vs. Structure 4 0 4 Downed Aircraft 3 0 3 Miscellaneous Rescues 2 1 3 Total 137 48 185 Supplied by San Diego Fire - Rescue Department 2 SAN DIEGO COUNTY GRAND JURY 2003 — 2004 (March 10, 2004) Report 2003/4-01 County Copter 1 has a 375-gallon tank to be used for fire fighting. The tank can be filled with either water or fire suppressant. To refill the tank using the built-in siphon and pump, the crew can use any water source at least 18 inches deep and fill the tank in less than two minutes while remaining airborne. By comparison, the Sheriff's helicopter uses a "Bambi Bucket" with a 90-gallon capacity. The County Copter 1 program has shown it can provide timely medical aid to injured and ill patients when necessary as there are two paramedics on board. If the situation is critical, County Copter 1 can transport a victim directly to the nearest trauma center. Where appropriate, County Copter 1 can extricate a victim from the scene of an emergency and transfer the victim to Mercy Air2 for transport to the nearest medical facility. Mercy Air's crew includes a registered nurse for every incident and is qualified to perform advanced medical treatment beyond that provided by paramedics. One of the significant differences between the proposed helicopter(s) and those of the Sheriff and other agencies is its ability to be configured for special purpose missions. With its on -board hoist, it can be used to deliver fire fighters or lifeguards to the scene and lower them to assist victims. Air rescue from high-rise structures, cliffs, floods or swift water are also possible using the helicopter's rescue hoist. The helicopter(s) can also transport Hazmat teams and their equipment. Hydraulic extrication equipment such as the Jaws of Life is carried on the helicopter to assist with victim rescue from automobile accidents. To accomplish all of these missions, the fire / rescue helicopter(s) needs to have heavy lift capability similar to the Bell 212 HP. Professional fire aircraft consultants should be used to determine the actual aircraft specifications. Current Program Capabilities and Equipment • Advanced Life Support (ALS) Rescue Aircraft classification (County EMS) • Paramedic Equipment (similar to a ground ambulance) • Type 1 Flycrew (Sycuan Golden Eagles Hotshot Crew) • Intemal Rescue Hoist (6001b. Capacity w/ 250 foot cable) • 375-gallon Self -filling Fixed Tank (water or retardant drop) • Longline (150 foot with remote hook for external cargo transportation) • NightSun Searchlight (30 million candlepower) • Rappel and Shorthaul • Hydraulic Extrication Equipped (Jaws -of -Life) • Water Rescue (harness, capture ball, cinch collar, personal floatation devices, etc.) • Cervical Spine Immobilization Board and Pre -rigged Stokes Litter (Bauman Bag) 2 Mercy Air is a private service operating under a memorandum of understanding with the County to provide air ambulance services. SAN DIEGO COUNTY GRAND JURY 2003 — 2004 (March 10, 2004) 3 Report 2003/4-01 • 1 — 800 MHz Radio • 2 — VHF -FM Radios • 3 — VHF -AM Radios • Global Positioning System • Handheld Thermal Imager • On -board Hoist and Camera System (training and incident video documentation)' Currently there is no countywide fire agency. There are 53 different local fire departments, agencies, and authorities within the County. Additionally, there are state (California Department of Forestry), federal (U.S Forest Service), and military fire fighting organizations also functioning within the County. There are a number of mutual aid agreements between many of the agencies, but the agreements are not countywide. As a result of the seasonal program with County Copter 1, the San Diego Fire - Rescue Department has recommended the formation of a regional county fire authority to run the Regional Fire and Rescue Helicopter Program. The San Diego County Fire Chiefs' Association, representing most of the county agencies, has also recommended the creation of a regional fire authority. A member of the San Diego County Board of Supervisors has recommended that an appointed governing body consisting of area fire and emergency experts be created to oversee the Regional Fire and Rescue Helicopter Program. The Grand Jury believes that the funding of the Fire and Rescue Helicopter Program is a major consideration. Due to budget constraints at all levels of government, there are no easily identifiable funds available. Additionally, the method of acquisition needs to be determined, either purchased or leased and whether the equipment should be new or used. Each of the acquisition decisions will effect the funding required. One option that could be evaluated is procuring a helicopter from the Federal Excess Property Program. A major consideration when looking at the various methods of acquisition is the cost of refurbishing the aircraft and ongoing maintenance costs. PROCEDURES EMPLOYED During the investigation, the Grand Jury obtained information from the following sources: • Interviewed: a San Diego Fire - Rescue Department Assistant Chief, an Acting Battalion Chief, a City of San Diego Director of Development, an Orange County Fire Chief, the Chief Pilot for L.A. County Fire Department. 3 San Diego Regional Fire and Rescue Helicopter Program Update, Sept. 2003 4 SAN DIEGO COUNTY GRAND JURY 2003 — 2004 (March 10, 2004) Report 2003/4-01 • Multiple question and answer sessions during helicopter "ride-alongs", San Diego Fire - Rescue Department demonstrations and observations. • Media reports including newspaper articles and television reports. • Other reports: o Helicopter Budget Owned & Operated Helicopter Program Estimated Annual Cost (March 2003) o San Diego Regional Fire and Rescue Helicopter Dispatch Policies and Procedures 2003 o PowerPoint presentation about San Diego Regional Fire & Rescue Helicopter Program o Update of San Diego Regional Fire & Rescue Helicopter Program Sept. 15, 2003 o San Diego Regional Fire & Rescue Helicopter Accident/Incident Procedures (7-29-02) o San Diego Regional Fire & Rescue Helicopter Program Aviation Mishap Response Plan (2003 Draft) o Contract Program Estimated Annual Cost (March 2003) o Mission Statement San Diego County Sheriff's Department Aerial Support Detail o "Law Enforcement Helicopter Goals/Missions"—Sheriff's Department o "Use of San Diego Sheriffs Helicopters"- Draft, SDSO ASTREA o "Interagency Carded Aircraft & Pilots" Air Resources Meeting Minutes, Sept. 18,2002 o NTSB accident report LAX97GA105 February 16,1997 o Master List -Helicopter Operations- June 2003, San Diego County and Environs - Fire Service o Policy and Procedure Manual -July 1, 2003, County of San Diego, Health and Human Services Agency, division of Emergency Services SAN DIEGO COUNTY GRAND JURY 2003 — 2004 (March 10, 2004) Report 2003/4-01 FACTS AND FINDINGS The first time a helicopter was used for assistance during a forest fire was in California in 1947. Since that time, helicopter use for fire and rescue work has expanded and become a vital tool in most large communities nationwide. For the past two years, the San Diego Fire - Rescue Department has run a fire and rescue helicopter trial program during the local fire season. This year, at the end of the contract fire season, the helicopter left San Diego only to be called back days later to help fight the firestorm that hit San Diego County on October 25, 2003. County Copter 1 is continuing to service the county through emergency funding from the City of San Diego. The County Copter 1 program was available to provide services for all 53 county fire agencies throughout San Diego County. There is no other program in San Diego County that could perform the same year round comprehensive services County Copter 1 provided during its service. Services included: wild land firefighting, vehicle rescue, air rescue, emergency medical services and hazardous materials response, aide to search and rescue, cliff rescues, ocean and rough water rescues, as well as large animal rescues. Based on fire — rescue helicopter programs in counties of similar size, there should be two or more helicopters in the program. The helicopter has transported the Sycuan Golden Eagle Hotshot Crew for insertion at fire scenes throughout the county. They are a "first strike" ground team used to fight wildfires by clearing brush and creating firebreaks. The helicopter can deliver a 375-gallon water / retardant drop and quickly refill from a nearby water source. The Sheriff's ASTREA helicopter has only the 90-gallon "Bambi Bucket" for fire suppression. ASTREA does not carry the bucket on board and must land to hook it up for a water drop. County Copter 1 can carry additional tools or replacement equipment to be brought into remote areas as needed. Due to the maximum height that a ladder can reach from any fire truck, (100 feet) normal fire equipment often cannot reach upper stories of high-rise buildings. The fire rescue helicopter hoist could be used for extraction of people from tall buildings during a structure fire or life -threatening emergency. The proposed helicopter(s) should be classified as an Advanced Life Support Rescue Aircraft. With this classification, there would be a minimum of two trained and qualified aircrew members and one flight paramedic responding with the helicopter(s) to all air supported emergency incidents. Mercy Air, the only privately operated air ambulance service in San Diego County, has a memorandum of understanding (MOU) with the Fire and Rescue Helicopter Program regarding protocols for transporting medical victims to the hospital. This agreement 6 SAN DIEGO COUNTY GRAND JURY 2003 — 2004 (March 10, 2004) Report 2003/4-01 provides for a review process after each incident assuring all parties involved that the appropriate functions were carried out. The need for the Regional Fire and Rescue Helicopter Program is supported by: • County of San Diego Board of Supervisors • San Diego City Council • San Diego Fire - Rescue Department • Task Force on Fire Protection and Emergency Medical Services • San Diego County Fire Chiefs' Association • Service Authority for Freeway Emergencies (SAFE) • Sycuan Band of the Kumeyaay Nation. The San Diego County Fire Chiefs' Association recommended to the Board of Supervisors that a professional consultant be utilized to conduct a study to examine the helicopter firefighting requirements in San Diego County. The report should provide recommendations on the level of protection needed, as well as, how to achieve the protection and necessary funding. COMMENDATION The 2003/4 San Diego County Grand Jury commends Assistant Fire Chief August F. Ghio and Acting Battalion Chief Brian Fennessy for their efforts in developing the San Diego Fire - Rescue Helicopter program. Beginning in 1999, they led an effort to define what a regional helicopter program should be. Working many long hours on their own time, they were able to secure funding from diverse public and private sources for the seasonal programs in 2002 and 2003. Since Firestorm 2003, there has been a groundswell of support for a regional fire helicopter program. The work of Mssrs. Ghio and Fennessy will be the basis from which the future program will develop. RECOMMENDATIONS 04-01-1 The Grand Jury recommends the San Diego Regional Fire and Rescue Helicopter Program should continue its current operation until a regional fire authority is formed. 04-01-2 The Grand Jury recommends that the San Diego County Board of Supervisors work with the City of San Diego to secure cooperative agreements and financial support from the cities and fire districts in the county to fund the interim operation of the San Diego Regional Fire and Rescue Helicopter Program. 04-01-3 The Grand Jury recommends that the San Diego County Board of Supervisors in cooperation with the San Diego Local Agency Formation Commission (LAFCO) and other city and governmental fire agencies expedite the creation of a regional fire authority. SAN DIEGO COUNTY GRAND JURY 2003 — 2004 (March 10, 2004) 7 Report 2003/4-01 04-01-4 The Grand Jury recommends that the San Diego County Board of Supervisors make the first priority of a regional fire authority be the establishment and the operation of a year round Regional Fire and Rescue Helicopter Program with two or more helicopters. 04-01-5 The Grand Jury recommends that the San Diego County Board of Supervisors work with all governmental fire agencies to identify and secure the funding necessary for the Regional County Fire Authority to establish, manage, and operate a Regional Fire and Rescue Helicopter Program. 04-01-6 The Grand Jury recommends that the San Diego County Board of Supervisors consider the recommendations from the professional consultant contracted by the City of San Diego, in cooperation with the San Diego County Fire Chiefs' Association, to determine the specifications for the fire / rescue helicopter(s). REQUIREMENTS AND INSTRUCTIONS The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. 8 SAN DIEGO COUNTY GRAND JURY 2003 — 2004 (March 10, 2004) (3) Report 2003/4-01 The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 are required by the date indicated: RESPONDING AGENCY San Diego County Board of Supervisors Mayor, City Council, Fire -Rescue Dept. City of San Diego San Diego Local Agency Formation Commission Alpine Fire Department Bonita Fire Department Borrego Springs Fire Department Carlsbad Fire Department RECOMMENDATIONS DATE 04-01-1, 04-01-2, 04-01-3, 06/08/04 04-01-4, 04-01-5, 04-01-6 04-01-1, 04-01-2, 04-01-3, 06/08/04 04-01-5, 04-01-6 04-01-1, 04-01-3 06/08/04 04-01-2, 04-01-3, 04-01-4, 06/08/04 04-01-5 04-01-2, 04-01-3, 04-01-4, 06/08/04 04-01-5 04-01-2, 04-01-3, 04-01-4, 06/08/04 • 04-01-5 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 SAN DIEGO COUNTY GRAND JURY 2003 — 2004 (March 10, 2004) 9 Report 2003/4-01 Chula Vista Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Coronado Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Deer Springs Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Del Mar Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 East County Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 El Cajon Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Encinitas Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Escondido Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Imperial Beach Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Jacumba / Rural Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Julian Cuyamaca Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 La Mesa Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Lakeside Fire Protection District 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Lemon Grove Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Lower Sweetwater Fire Protection 04-01-2 04-01-3, 04-01-4, 06/08/04 District 04-01-5 10 SAN DIEGO COUNTY GRAND JURY 2003 - 2004 (March 10, 2004) Report 2003/4-01 National City Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 North County Fire Protection Dist. 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Oceanside Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Pine Valley Fire Protection District 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Poway Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Ramona Fire Protection District 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Rancho Santa Fe Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 San Diego Rural Fire Protection 04-01-2 04-01-3, 04-01-4, 06/08/04 District 04-01-5 San Marcos Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 San Miguel Consolidated Protection 04-01-2 04-01-3, 04-01-4, 06/08/04 District 04-01-5 Santee Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Solana Beach Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Valley Center Fire Protection 04-01-2 04-01-3, 04-01-4, 06/08/04 District 04-01-5 Vista Fire Department 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 Yuima Water District 04-01-2 04-01-3, 04-01-4, 06/08/04 04-01-5 SAN DIEGO COUNTY GRAND JURY 2003 - 2004 (March 10, 2004) 11 April 21, 2004 The Honorable Presiding Judge of the Superior Court County of San Diego 330 West Broadway, Suite 477 San Diego, CA 92101-3830 Via Registered Mail Return Receipt RE: City of National City's Response to the 2004 Grand Jury Report on "Is There A Need For A Regional Fire Authority And Rescue Helicopters In San Diego County?" - Recommendations 04-01-2 through 04-01-5 Dear Sir: On March 4, 2004, the City received correspondence from the Grand Jury regarding recommendations 04-01-2 through 04-01-5. The above captioned report was attached to the March letter. The balance of this correspondence is devoted to the Grand Jury's Recommendations 04-01-2 through 04-01-5. Recommendation 04-01-2: The Grand Jury writes: "The Grand Jury recommends that the San Diego County Board of Supervisors work with the City of San Diego to secure cooperative agreements and financial support from the cities and fire districts in the county to fund the interim operation of the San Diego Regional Fire and Rescue Helicopter Program." Comment: This City Council believes that a Regional Fire and Rescue Helicopter Program will be of benefit. The benefit will service the unincorporated areas of the County the greatest. However, we do not believe that the required expenditures from National City's Budget for this program will provide the City of National City with increased capabilities to justify the expenditure. National City's history shows that the National City Fire Department (NCFD) has not requested aerial fire or rescue support of this type. NCFD has on occasion utilized the services of an air ambulance to expedite the transportation of victims of traumatic injuries to local trauma hospitals. Recommendation 04-01-3: The Grand Jury writes: "The Grand Jury recommends that the San Diego County Board of Supervisors in cooperation with the San Diego Local Agency Formation Commission (LAFCO) and other city and governmental fire agencies expedite the creation of a regional fire authority." Comment: This City Council is in concurrence with this recommendation. We are unclear, however, on the level of involvement expected of National City. 1 Recommendation 04-01-4: The Grand Jury writes: "The Grand Jury recommends that the San Diego County Board of Supervisors make the first priority of a regional fire authority be the establishment and the operation of a year round Regional Fire and Rescue Helicopter Program with two or more helicopters." Comment: This City Council is in concurrence with this recommendation. Recommendation 04-01-5: The Grand Jury writes: "The Grand Jury recommends that the San Diego County Board of Supervisors work with all governmental fire agencies to identibi and secure the funding necessary for the Regional County Fire Authority to establish, manage, and operate a Regional Fire and Rescue Helicopter Program." Comment: This City Council does not believe that the City of National City should be financially liable for the purchase, operation, and maintenance of a Regional Helicopter. If a Regional County Fire Authority (JPA) were to be created, for National City to accept financial liability, the Authority should offer other emergency resources than a helicopter(s). We collectively acknowledge the time invested and the concern shown in this Grand Jury report by the Jury members. We share much of that concern, however, we also know that we do not know all the answers to the questions that they have raised. We would be pleased to support their future review of obtaining a Regional Fire and Rescue Helicopter and governance issues and hope that we have been responsive to the recommendations raised in the report at hand. Nick Inzunza Mayor Frank Parra Ron Morrison Vice Mayor Councilman Fideles Ungab Luis Natividad Councilman Councilman Cc: Mr. Thomas E. McCarthy, Grand Jury Foreman City Council City Attorney City Manager .MEETING DATE May 18, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 7 irrEpit TITLE A Resolution Authorizing the City of National City to Apply for Funds from the Urban Forestry Grant Program as Provided by Proposition 12 Funding PREPARED BY Miguel A. Diaz /ply. DEPARTMENT Parks & Recreation x4290 EXPLANATION The City of National City will receive $50,000 from Proposition 12 with the City of National City providing a 25% matching fund of $12,500. These grant funds will allow the City of National City to implement a project called "National City Community Tree Program." The goal of the tree program will be to present an opportunity for residents to plant the right tree in the right place. The National City Community Tree Program will plant 500 trees throughout the city right-of-way and in the parks. People for trees will provide a community outreach program to educate the public on the benefits of planting trees. Environmental Review XX N/A Financial Statement Funds are available in Acct. #105-442-000-299-0000 Approved Byl/ l 2 Finance Director Account No. STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 4 Project Summary Resolution No. A-200 RESOLUTION 2004 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO SUBMIT AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF FORESTRY FOR FUNDS FROM THE FORESTRY GRANT PROGRAM AS PROVIDED BY PROPOSITION 12 WHEREAS, the Parks and Recreation Director desires to submit a grant application for $50,000 to the California Department of Forestry for funds from the Forestry Grant Program as provided by Proposition 12; and WHEREAS, with these funds, the Parks and Recreation Department will implement a project called "National City Community Tree Program" that will present an opportunity for residents to plant 500 trees throughout the city rights -of -way and in the city parks, and will provide a community outreach program to educate the public on the benefits of planting trees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Parks and Recreation Director to submit a grant application for $50,000 to the California Department of Forestry for funds from the Forestry Grant Program as provided by Proposition 12. PASSED and ADOPTED this 18th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Form 6A Fork Plan - Project Description Was SelecTree Referred to? YES " NO National City Community Tree Program Project Summary The City of National City will collaborate with People for Trees (PFT), a local nonprofit urban forestry group, to integrate volunteer tree -planting efforts into the Parks Department. Residents, volunteers, and civic leaders will plant 500 right-of-way trees under this proposal with PFT educating the public, facilitating community involvement, and inspiring support for tree maintenance in urban residential areas. The objectives will be to: 1. Educate public and private property owners about the beneficial role of trees in the urban environment. 2. Plant large canopied trees that will intercept rainfall and particulates, reducing storm water runoff and flooding. 3. Foster collaboration among agencies and community groups. Need & Description National City is the second oldest city in San Diego County with a population of 54,260 citizens in 9.2 square miles. Incorporated on September 17, 1887, National City was originaily part of the 26,000-acre El Rancho de la Nacion, which was purchased in 1868 by Frank Kimball and his brothers Warren and Levi. They cleared lands, built roads, constructed the City's first wharf and brought the railroad to the City. The Kimballs planted hundreds of olive trees in 6-foot parkway strips to line the streets of National City to complement rows of Victorian homes but over the years, all but a few of the olive trees succumbed to age and disease, leaving many streets with large empty parkways. With an active commercial port, National City is on the San Diego Bay and is also home to the Sweetwater March National Wildlife Refuge, sustained by the Sweetwater River, which forms a natural border along the City's southern boundary. The City is sensitive to the delicate ecosystem that exists in our jurisdiction and has adopted a comprehensive storm water pollution prevention program to protect the marshes. As urban forestry research has concluded, planting large canopied and evergreen trees to capture rainfall and reduce the impact of storm runoff is one of the easiest and cheapest ways to prevent water pollution. According to the Center for Urban Forest Research, a large tree can intercept up to 760 gallons of rainfall in its crown, thereby reducing runoff of polluted storm water. Trees can be part of the City's mission to reducing urban runoff. However, the challenge for National City's Parks Department has been to provide trees for exposed streets with increasingly limited staff and resources while promoting the importance of proper tree maintenance. This program will help create an awareness and appreciation for our watershed, educate the public about the role of trees in watershed management, and inspire community involvement in the replanting of 500 trees in our local neighborhoods. Work Plan - Project Description continued Form 6A P1 Partnerships benefit the city in that it gives the public works department a chance to be directly connected with the community, and they get more trees planted. The goal of the National City Community Tree Program will be to present an opportunity for the City Parks Department, People for Trees, residents, and volunteers to work together to plant the right trees in the right place and provide for long-term maintenance that will ensure long-term benefits. On or before the day of planting, People for Trees staff will coordinate the excavation of each tree site, coordinate the delivery of trees, tools, and planting materials, inspect the trees for quality and reject inferior trees, place right-of-way barriers and direct traffic, arrange for debris removal, and ensure the site is cleaned -up. PFT will be the City's partner in providing the education and planting. They will utilize their extensive database of volunteers that incorporates community members of varied socioeconomic backgrounds, including sgouting groups, church youth groups, school clubs, civic and professional organizations, and volunteer organizations. Each group will be involved on a different level depending on the locale and size of the event. It is anticipated that there will be up to 25 planting events, providing a minimum of 10-20 volunteers who will each work at least four hours. The Park Superintendent and People for Trees will work together to target neighborhoods under their jurisdiction that will accommodate large canopy and evergreen trees to provide maximum environmental benefits. The project sites will include public parks and street parkways in residential and commercial areas. People for Trees will conduct neighborhood meetings to promote the program and provide educational materials. Tree City USA Bulletins, particularly #19, How to Select and Plant a Tree, will be provided at no charge to the public. The PFT project coordinator will create a permanent file for each event that will include a project summary report, the nursery order and subcontractor's invoices, tree maintenance agreements, and any relevant correspondence or comments. A monthly tree count summary tracked on a database will ensure the programs' progress and compliance with stated grant guidelines and goals. Files will include the names and addresses of tree recipients, the number, location, and species of trees, and who will be responsible for the tree's maintenance. National City Parks Department will notify City Council Offices once the grant has been awarded and forward interested participants to People for Trees. PFT will contact Community Planning Groups and Town Councils to announce the availability of free trees and opportunities to participate in community tree plantings. Public notices will be placed in the community newspapers. PFT will publicize the program on their web site, www.peoplefortrees.ors, where participants can download applications and maintenance agreements. P2 M 0 RESOLUTION OF THE OF FUNDS FOR THE URBAN (Title of Governing Body/City Council/ Board of Supervisor/Board of Directors) (City/County/District) `RESTRY GRANT PROGRAM AS PROVIDE THROUGH, PROPOSITION 12 FUNDING: WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted Proposition 12, which provides funds to the State of California and its political subdivisions for urban forestry programs; and WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program, and WHEREAS, said procedures established by the State Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California to carry out a tree planting project; NOW, THEREFORE, BE IT RESOLVED that the (Title of Governing Body) 1. Approved the filing of an application for "PROPOSITION 12" tree planting grant program funds; and 2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and, 3. Certifies that funds under the jurisdiction of are available to begin the project. (Governing Body) Certifies that said applicant will expend grant funds prior to March 1, 2007. Appoints as agent of the to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. Approved and Adopted the day of 20 .I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by the following roll call vote: (City Council/Board of Supervisor/Board of Directors) Ayes: Noes: Absent: (Clerk) Notarized Seal: ,EETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 18, 2004 8 AGENDA ITEM NO. ITEM TITLE A Resolution Authorizing the Mayor to Enter into an Agreement with PBS&J to Provide Financial Services for the Collection of Delinquent Sewer Service Fees PREPARED BY EXPLANATION Joe Smith 336-4580 See attached explanation. DEPARTMENT Public Works/Engineering Environmental Review N/A Financial Statement Approved The Contract is for $47,020 and will be paid from Account 125-422-222-213. Finance Direct Account No. STAFF RECOMMENDATION Adopt the resolution authorizing the Mayor to enter the agreement. BOARD / COMMISSION RE N/A ENDATION ATTACHMENTS Listed Below 1. Resolution 2. Contract 3. City Attorney's memo dated April 15, 2004 Resolution No. A-200 i9 991 Explanation: In June 2003, the Mayor directed staff to create a database of delinquent properties for the purpose of collecting past due Sewer Service Fees. After reviewing our options, it was decided that contracting with PBS&J would be our best choice for this project due to their familiarity with this and other related projects. PBS&J will review the Finance department's sewer billing databases and prepare a list of delinquent accounts. This list of delinquent account will be broken into two parts. The first list will consist of those sewer accounts that can be identified as property owners who received the original sewer service bill and who are still currently the owners of that property. These property owners will then be sent the first of two notifications that their delinquent payment is due and a lien will be filed with the County if not paid by July 1, 2004. If the delinquent charges and any appropriate penalties are still not paid by July 1, 2004, the total amount due to the City will be placed on the tax rolls and a lien will be placed against their property. The second part will be tenants or properties the have changed ownership. This list may not be placed on the tax rolls and will have to be dealt with by a separate collection process. PBS&J will match this information of property owner that can be liened with the current tax assessor information and determine appropriate interest and lien processing charges. PBS&J will then provide this list of delinquent accounts to the City Clerk's office to be published in the newspaper prior to any public hearing as outlined in the Health and Safety Code 5470-5474.10. PBS&J will prepare the tax rolls for acceptance by the City Council. Once approved, it will be sent to the County for processing. PBS&J will then prepare and record all "Notice of Lien" with the County. This agreement will also would include response to customer phone calls and inquiries. RESOLUTION 2004 — 84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J TO PROVIDE FINANCIAL SERVICES FOR THE COLLECTION OF DELINQUENT SEWER SERVICE CHARGES FROM PROPERTY OWNERS WHEREAS, the City desires to employ a contractor to provide financial services for the collection of delinquent sewer service charges from property owners; and WHEREAS, the City has determined that PBS&J is an engineering firm and is qualified by experience and ability to perform the services desired by the City, and PBS&J is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an agreement with PBS&J to provide financial services for the collection of delinquent sewer service charges from property owners. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18tt' day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 18th day of May, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY .desires to employ a CONSULTANT to Provide Financial services for the collection of Bad Debt for Delinquent Sewer Service Fees from property owners. WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a Revised August 2003 corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Steve Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the $47,020. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific period of one year from date of signature of agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the C t 'n' i i.Jrk authori,LcitiOi I regarding I eproduction, which authorization shaii not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Revised August 2003 The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT'S written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONSULTANT is notan employee CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or sub CONSULTANTs, as the CONSULTANT :may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as ;herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and 3 Revised August 2003 regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, coioi, ancestry, religion, sex, sexual orientation, marital status, national o igiil, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, 4 Revised August 2003 layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT 's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and ail amendments thereto; and ail similar state cr a ederal acts oa laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or 5 Revised August 2003 its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: XO A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. U. Workers' compensation insurance covering all of CONSULTANT's E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employeesas additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment employees. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CiTY may elect to treat the failure to maintain is requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES, If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party 6 Revised August 2003 arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment 'or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause, by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 7 Revised August 2003 E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by ovemight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Steve Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: PBS&J 175 Calle Magdelena Encinitas, CA 92024 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT 8 Revised August 2003 has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. T ne waiver or Failure to enforce any provision of Ns Agreement shallnot operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9 Revised August 2003 1. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Two signatures required for a corporation) By: By: Nick Inzunza, Mayor (Name) (Title) APPROVED AS TO FORM: By: George H. Eiser, III (Name) City Attorney (Title) 10 Revised August 2003 pany verview PBS&J offers a strong national reputation, broad -based technical expertise, and a sincere commitment to client service. We Pledge Responsive Service PBS&J is keenly aware of the need for efficient and responsive service for all projects. The firm has a superior record of performance by successfully completing high quality projects within budget and on schedule. The specific needs of each client are addressed and incorporated into the planning and scheduling of each project. Proactive communications are maintained throughout the project. It is this responsive, personalized service that allows us to boast a high number of repeat business clients. We are committed to providing responsive service to the City of National City. Firm Background PBS&J, one of only a few large, employee -owned engineering firms, is consistently ranked among the top ten percent of design firms in the nation. The firm was founded in 1960, and is a registered corporation. We are currently ranked 25th by Engineering News Record, 5th in pure design. With more than 3,200 employees, PBS&J is able to serve clients through a network of 60 offices nationwide. Our Southern California staff includes over 190 full-time employees in our San Diego, Encinitas, Irvine, and Riverside offices. These staff members are skilled in a wide range of disciplines, including water and wastewater engineering civil and structural engineering, planning, surveying, and construction support and management services for various public works projects for city, county, state, and federal agencies. PBS&J is a multi -service engineering and consulting firm with expertise in four specific areas: environmental, transportation, civil engineering, and construction management. Our Southern California offices specialize in financial services and the planning, design, and construction management of water, recycled water and wastewater infrastructure projects. Our staff has managed all types of water and wastewater projects, from planning through construction, including water, sewer, recycled water, and storm drain master plans, pipeline designs, water and wastewater pump stations, sewer force mains, reservoirs, pressure regulating stations, surge control facilities, and more. PBS&J's extensive experience allows, our staff to provide each client with a careful evaluation of constructahility issues, the identification of potential problems, and practicnl, innovative solutions, PBS&J provides substantial benefits to each of our clients regardless of the size or complexity of the individual project. We can assign skilled people from any one of Page PBS&J believes performance is optimized by providing unsurpassed service and value to our clients. our offices to assist on any given problem. This gives PBS&J the flexibility to customize our services to satisfy precise project requirements; to direct manpower and resources to meet emergency, unexpected, or additional service needs; and to provide project management capabilities to handle all types of projects. Our large, local offices bring many key benefits that set us apart from the competition. Our fields of expertise include: • Water/Wastewater Services Master Planning System Assessment Program Management Pump Stations & Pipelines Wastewater Treatment Water Reclamation & Reuse Reservoir Design Water Treatment SCADA & Operational Guidance + GIS/Information Services Comprehensive CAD Services Mapping Facilities Inventories & Databases Website Development Electronic Data Manipulation/ Translation + Municipal/District Engineering City Engineering Staff Services Assessment Engineering Plan Checking/Development Review Program Management Financial Planning Environment Documents & Permitting • Construction Management (PCM) Construction Observation Construction Management + General Civil Engineering Site Civil Planning & Design Storm Drainage Facilities Street & Highway Design Wet Utility Design Qualifications PBS&J has built a successful reputation by providing quality engineering services to numerous cities, districts, and agencies in Southern California. A partial list of our public agency clients include: • • • 4. City of San Diego County of San Diego Irvine Ranch Water District City of Newport Beach City of Encinitas City of Del Mar City of Riverside City of Solana Beach City of Chula Vista San Dieguito Water District San Diego County Water Authority City of Oceanside City of LongBaaI: 4. 4. + 4. 4e 45 City of National City City of Vista City of San Marcos City of Escondido City of La Mesa City of Carlsbad Carlsbad Municipal Water District San Elijo Joint Powers Authority South Coast Water District Elsinore Valley Municipal Water Dist. Vista Irrigation District City of Dana Point County of San Bernardino c resources, proven service Page 2 Qualifications PBS&J's multi -disciplined capabilities, relevant, experience, and strong project team offers the combination of resources needed for this project A Specialized Project Team to Offer the City a Full Range of Financial and Engineering Services We have identified and committed a project team that provides the City with a large and widely experienced resource of municipal finance, information systems and project level engineers who will accomplish the cost-effective services necessary to complete the required 2005 Tax Roll Administration. Most importantly, our PBS&J staff is locally based and able to provide a wide range of services. The following are brief resumes of our management team members, project engineers, and technicians with whom you will be working on a daily basis. Upon review of these resumes, we believe the City will recognize a superior project team that will achieve the City's goals. Paul E. Cooley, P.E. Principal -in -Charge As Principal -in -Charge, Mr. Cooley will regularly monitor and review the overall efforts of the team. By periodically reviewing the project work, he will be able to measure the effectiveness and assure that services are regularly completed on time and in the most efficient manner possible. Mr. Cooley, a Vice President at PBS&J, has over 22 years of consulting experience. During the past 15 years, he has been Principal -in -Charge, Project Manager, and Project Engineer on a wide variety of advanced water/wastewater projects, including water and reclamation master plans; water and wastewater treatment plant pre -design, design and construction support; pipeline, reservoir, and numerous advanced water treatment plant designs. He has been responsible for QA/QC on systems ranging in cost from $500,000 to $10 million. Financial Services Team Summary Karyn L. Keese Financial Services Project Director When financial services are required, Karyn Keese brings her 20 years of experience in public finance and management in the public and private sectors to find creative, effective financial solutions. Based in southern California Ms. Keese leads a talented staff of financial services specialists working on local, state, and national efforts. She has extensive experience throughout San Diego County in financial plans and cost -of -service studies, operating and capital budget systems, grants management, intergovernmental relations, and institutional and market analysis for water, wastewater, and storm water utilities. Ms. Keese has been the sewer rate consultant for the City since 1991. Ms. Keese will direct the project as well as provide technical support. Comprehensive resources, proven service Marial Paras Cairns, P.E. Financial Services Project Manager Mariel Paras Cairns is a Project Manager at PBS&J, with nine years experience providing a wide range of financial and engineering services to public agencies throughout San Diego County. Ms. Cairns has extensive experience in financial analyses including rate studies, long range planning, connection fee studies, and forming special financing districts. Her engineering experience, in planning and design of water and sewer infrastructure, capital improvement program management, and comprehensive plan checking reviews of public improvements and private land development projects, complements her work on financial projects. She worked closely with Karyn Keese on the studies for the City of National City, City of Chula Vista, City of La Mesa, City of Vista and Buena Sanitation District, and four of the County of San Diego's sewer districts. Ms. Cairns will provide project coordination between financial services and infomiation solutions. Amanda Lopez Project Analyst Ms Lopez was the financial services project analyst for the tax roll conversion project in 2003 for the City of National City. Ms. Lopez assisted in successfully converting the City's direct billing system to the San Diego County Assessor's roll on a fast track basis. Following through with the project she pulled from three different resources to finalize and detail each parcel, ensuring that the information on the tax rolls was correct. She also provided customer service for those inquiring about the new sewer service changes. She will service as project analyst for the 2005 sewer service tax roll project. Currently she is coordinating office operations for the County of San Diego Fire Debris Clean Up project. This involves working closely with the County to ensure the project is running smoothly and is cost efficient. This involves coordinating and executing tasks with field operations, office operations, information systems operations, as well as a third parties consisting of contractors and haulers. Infornnation Solutions Brad Scott Information Solutions Group Program Manager Brad Scott is the Program Manager of PBS&J's San Diego Information Solutions group. He has experience in Geographic Information Systems (GIS), digital cartographic databases, relational database management, programming and web development. His expertise includes system needs assessments, application development, programming, spatial analysis, cartography and data collection/creation. As a Senior Information Solutions Developer, Mr. Scott is a technical leader with expertise on a variety of projects. He has led mapping, data conversion and spatial analysis efforts for recent master planning and assessment projects, including the National City Tax Roll Conversion, the Carmel Valley Trunk Sewer, the San Diego CCTV Video Inspection Project, the Otay Mesa Trunk Sewer Alignment Study and the Poggi Canyon Trunk Sewer Study. In addition, Mr. Scott has significant experience in the production and maintenance of digital cartographic databases, and has recently managed several ArcGIS based digital rAns projects Those probe is inr..l*sde an Aerial Atlas for Ole City, of Dana Point, a master plan mapping atlas for the City of Encinitas, which included a citywide CAD to GIS data conversion, and is currently involved in developing a Sewer Mapping Application for the City of La Mesa. Mr. Scott will perform the information systems quality control and mapping efforts. Comprehensive resources, proven service City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III a City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 r. . C) TO: Acting Director of Public Works/Engineering DATE: April 15, 204 Finance Director FROM: City Attorney SUBJECT: Procedures for Collecting Sewer Charges on the Tax Roll, for collecting Delinquent Sewer Charges on the Tax Roll, and for Placing Liens on Real Property for Delinquent Sewer Charges The following summarizes the procedures for collecting sewer charges on the tax roll, for collecting delinquent sewer charges on the tax roll, and for placing liens on real property for delinquent sewer charges. These procedures are set forth in Sections 5470-5474.10 of the California Health and Safety Code, as well as in Chapter 14.04 of the National City Municipal Code. Collection of Current Sewer Charges on the Tax Roll After adopting an ordinance to collect sewer charges on the tax roll, the City may cause a written report to be prepared each year and filed with the City Clerk, which shall contain a description of each parcel of real property receiving sewer services, and the amount of the charge for each parcel for the year. (I recommend that the City Council adopt a resolution directing the Acting Director of Public Works/Engineering to cause such report to be prepared. Accordingly, I will prepare an item for the May 4 Council meeting to submit the appropriate resolution to the City Council). The City Clerk must then cause a notice of the filing of said report and of a time and place of a hearing to consider the report to be published once a week for two successive weeks. At the time of the hearing, the City Council shall hear and consider all objections or protests to the report. If the Council finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted andthe charges shall not be collected on the tax roll. Where there is not a majority protest, the City Council may adopt, revise, change, reduce or modify any charge or overrule any and all objections, and make a final determination upon each charge described in the report. On or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report with a statement over his signature that the report has been finally adopted by the City Council, and the Auditor shall enter the amounts of the charges against each parcel on the assessment roll. The above procedure entails two appearances before the City Council: one to authorize the report, and one to hold the public hearing and adopt the report. Collection of Delinquent Sewer Charges on the Tax Roll The procedure described above for collection of current sewer charges on the tax roll may also be followed to place collection of delinquent charges on the tax roll. However, the law requires that before charges can be collected on the tax roll for the first time, the City Clerk shall cause written notice of the filing of the report and of the required hearing to be mailed to each person to whom any parcel of real property described in the report is assessed. If the City Council adopts the report, then the requirement of mailed written notice is not required in subsequent years; only notice by publication is required. (My conservative interpretation of these requirements is that although the City Council adopted an ordinance last year authorizing collection of current charges on the tax roll, collection of delinquent charges on the tax roll has not previously been authorized. Therefore, as to delinquent charges to be placed on the tax roll this year, I recommend that both the written notice and published notice requirements should be complied with. Whether one or two written notices are mailed I will leave to your discretion). Placement of Liens against Real Property for Delinquent Charges In addition to being collected on the tax roll, delinquent charges constitute a lien against the parcel of real property against which the charge has been imposed. When the charges are delinquent for 60 days, the City Clerk shall set the delinquent accounts for hearing. Notice of the hearing shall be served upon the owner of the property at least 10 days prior to the hearing. Notice must be served in the same manner as a summons in a civil suit, which generally means personal service. If the owner of the property cannot be found, then the notice may be served by posting the property for a period of 10 days, and by publishing notice 10 days in advance. At the hearing, the City Council may approve the charges as submitted, or approve them with modifications or corrections, after considering any written or oral protest or objection. The amounts so approved shall be placed on the tax roll, and shall constitute a lien upon the property affected. The City Council shall adopt a resolution assessing the charges as liens against the property, and shall cause to be recorded with the County Recorder a certificate specifying the amount of unpaid charges. 2 Procedures for Collecting Sewer Charges on the Tax Roll Penalties The law provides that the City may provide for a basic penalty of not more than 10 percent for nonpayment of the charges within the time and in the manner prescribed per month for nonpayment of the charges and basic penalty. • I interpret this to mean that once charges are delinquent for 60 days, a 10 percent penalty apply to the delinquent amount. Thereafter, for each month that the charges remain delinquent and unpaid, an additional penalty of 11/2 percent of the basic charges and basic penalty be assessed. Lien Processing Fee Section 14.04.070 of the Municipal Code provides that for each sewer service account which has a delinquent sewer service charge balance that is transferred into the City's processing system for the establishment of same as a lien to be collected upon the tax rolls, there is levied thereon a lien transfer fee, in such an amount as shall be set from time to time by resolution of the City Council, to be added to the delinquent account balance to reimburse the City for the actual cost of data processing, accounting, public notice and control procedures related to the lien processing system; provided, however, that no lien transfer fee shall be levied on any delinquent account unless and until 10 days' written notice of the intent to levy such fee is given to the delinquent user in question, together with the notice of delinquent charges. I am available to discuss these issues at your convenience. GHE/gmo cc: City Clerk Karyn Keese, PBS & J Mariel Cairns, PBS & J GEORGE H. EISER, III City Attorney 3 Procedures for Collecting Sewer Charges on the Tax Roll City of National City, California COUNCIL AGENDA STATEMENT 9 1EEETINC DATE May 18, 2004 AGENDA ITEM NO, (-ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING SALARY :A AND BENEFITS FOR NEWLY ESTABLISHED CLASSIFICATION y IG ORHOOD COUNCIL COORDINATOR PREPARED BY Alfredo J. Lopez III Director of Huma EXPLANATION DEPARTMENT Human Resources The Neighborhood Council Coordinator will collaborate with residents, community members, elected officials and other City staff to identify and resolve neighborhood issues in order to promote and enhance the quality of life for citizens. The incumbent will work with 3 existing Neighborhood Councils and 13 proposed Neighborhood Councils. This salary was established at the level of Management Analyst III, (Salary Band $3,400 - $6,199 monthly) because the level of duties and responsibilities and requisite knowledge, skills and abilities are equivalent, thus ensuring internal consistency. The salary is higher than that of the Lead Hazard Control Program Coordinator (Salary Range 120) to compensate for the additional high-level training, mediation and facilitation skills required for the Neighborhood Council Coordinator position. Environmental Review x N/A Financial Statement Approve B: Finance Director Staff is working with CDC on cooperative funding to accommodate this effort. Account No. STAFF RECOMMENDATION Recommend approval of the proposed Resolution. BOARD / COMMISSION RECOMMENDATION The class specification for this classification was approved by the Civil Service Commission of May 13, 2004. See attached "Exhibit A". ATTACHMENTS ( Listed Be/ow 1. Proposed Resolution 2. Class Specification Resolution No. A-200 (0 RESOLUTION 2004 — 85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARY RANGE AND BENEFITS FOR THE POSITION OF NEIGHBORHOOD COUNCIL COORDINATOR BE IT RESOLVED by the City Council of the City of National City that the salary range for the position of Neighborhood Council Coordinator is hereby established at $3,400 — $6,119 per month. BE IT FURTHER RESOLVED that the benefits for the position of Neighborhood Council Coordinator shall be the same as those for the management positions under the Management Compensation Plan. PASSED and ADOPTED this 18th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NEIGHBORHOOD COUNCIL COORDINATOR Class specification CITY OF NATIONAL CITY Approved: DEFINITION Under general direction, the Neighborhood Council Coordinator collaborates with residents, community members, elected officials, and other City staff to identify and resolve neighborhood issues in order to promote and enhance the quality of life for citizens. DISTINGUISHING CHARACTERISTICS This is a single position class. It coordinates the activities of thirteen neighborhoods with City staff, elected officials and community agencies to address neighborhood concerns and problems, creating a partnership approach to deliver municipal services. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. The position may not perform all of these duties and/or may perform similar related tasks not listed here. Collaborates with Neighborhood Councils to identify neighborhood needs; investigates and analyzes neighborhood concerns and mobilizes residents to develop strategies to address them; assists residents in organizing new neighborhood groups; conducts leadership training for Neighborhood Council leaders and other training for residents; serves as City liaison with all neighborhood groups, City staff, City Council and Boards/Commissions, and other community agencies and groups; develops strategies to enhance information flow and citizen participation; attends meetings and gives presentations; prepares issue oriented reports and other documents; consults with City departments to offer technical assistance in developing partnership approaches to municipal service delivery; administers project budgets and prepares grant proposals. Performs related duties as required. MINIMUM QUALIFICATIONS Training and Experience. Any combination of training and experience that provides the required knowledge, skills and abilities. An example is graduation from an accredited college or university with a major in community development, social science or public administration or related field and two years experience in community development. Knowledge & Skills in: Knowledge of project management and policy development, public processes, consensus building, problem solving among competing interests, community outreach, strategic planning, including ability to design and lead a strategic planning prorPcs, city organization, codes, policies, procedures and operations, budget development and administration, funding sources and community agencies and resources. Ability to: Analyze the needs of a community and develop strategies to meet them; establish and maintain effective working relationships with a diverse community of residents, representatives of other agencies and organizations, other City employees and departments; facilitate group interactions; calmly resolve difficult and sensitive conflicts; design and deliver leadership and community action training programs; prepare and administer grant programs, organize, prioritize and complete multiple assignments; Ability to speak Spanish is highly desirable. LICENSES, CERTIFICATES OR SPECIAL REQUIREMENTS Possession of a valid California Driver's License is required at the time of application. Frequent after-hours work is required to attend evening and weekend community and related meetings. is FETING DATEMay 18, 2004 City of National City, California COUNCIL AGENDA STATE ENT AGENDA ITEM NO. 10 ITEM TITLE Notice of Vacancies and Status Report on Boards and Commissions PREPARED BY Michael R. Dalla, CMoPARTMENT City Clerk EXPLANATION See attached. Environmental Review N/A XX— Financial Statement N/A STAFF RECOMMENDATION None BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Bei a•w } Explanation Approved By: Finance Director Account No. Resolution No. A-200 (9;99) Attachment to A200 Explanation State law requires that a "Notice of Vacancy" be posted for all vacancies on local Boards and Commission. City Council policy requires that: • a public announcement be made of all vacancies on Boards and Commissions; • such vacancies be advertised in the local newspaper; and • all appointments and interviews before the City Council be scheduled twice a year or as needed to fill unexpected vacancies with the interviews and appointments being made before an individual's term expires. On National City's Boards and Commissions, there are currently 15 vacancies and 28 expired terms (including two that expire on June 30, 2004). (See attached report for details.) In accordance with State law, we have posted the required "Notice of Vacancy." In compliance with City Council policy, ads will be placed in the May 21 and May 28 editions of the Star News soliciting interested applicants to fill vacant and expired terms. Interviews are tentatively scheduled for.the July 15 City Council meeting. Board / Commission Membership Current Status Vacancies Expired Terms Building Advisory & Appeals 7 4 2 Civil Service 5 2 1 Community and 10 2 1 Regular and 1 Human Rights Police Relations Library 5 1 4 (2 as of 6/30/04) Serra Library 1 1 Parks & Recreation 5 3 Planning 9 2 Sr Citizen Advisory* 7 4 2 Street Tree & Pkwy 5 4 Traffic Safety 5 1 3 *The Sr. Citizens Advisory Board has not met for several months because of insufficient membership. Applications are on file from interested citizens. ,JIEETING DATE May 18, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO, 11 ITEM TITLE Notice of Decision — Approval of a Variance for a three foot side yard setback where five feet is required for a single-family house on the west side of the 1500 block of Coolidge Avenue (Applicant: Jose A. Gutierrez) (Case File no.: Z-2004-2) RGP PREPARED T Roger G. Post, 336-4310 DEPARTMENT Planning EXT. EXPLANATION The 2,500 square foot project site is located on the west side of the 1500 block of Coolidge Avenue in the Light Manufacturing Residential (MLR) Zone. The flat, rectangular property has 25 feet of frontage on Coolidge Avenue and is 100 feet deep. It is currently undeveloped. Jose Gutierrez, the applicant and property owner, proposes to build an approximately 1,600 square foot single-family house with a one -car garage. The house will have three bedrooms and two and a half bathrooms, and it will be two stories tall (23 feet) with a gable roof and stucco exterior. The 15 foot wide house will be setback approximately 13 feet from the front property line along Coolidge Avenue, and five feet from the south property line. The garage and a portion of the house will only be three feet from the north property line however. It will have a 25 foot deep rear yard area. The majority of the area in front of the house will be paved as a driveway and parking space. There is no landscaping proposed for the property; however, conditions of approval require the property to be landscaped. Planning Commission held a public hearing on this item at their April 19, 2004 meeting. Although there was no public testimony at the hearing, the Commissioners discussed the appropriateness of the house design for the narrow lot, emergency access to the second floor and the usability of the yard areas. They voted to approve the Variance noting that the small size and narrow width of the lot greatly increases the difficulty of developing a house on the lot, in a way that satisfies all City development standards. Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that' the Notice of Decision be filed. X /A Categorical Exemption MIS Approval Approved By: Finance Director Account No. ARD CO MI N RE C MENDATIO The Planning Commission approved the Variance. Vote: Ayes- Pruitt, Carrillo, Saludares, Alvarado, Flores, Baca, Graham Abstain- Martinelli, Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 13-2004 3. Site photographs 2. Location Map 4. Site plan, floor plan and building elevations A-200 (Rev. 7/03) RESOLUTION 13-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR A THREE FOOT SIDE YARD SETBACK WHERE FIVE FEET IS REQUIRED FOR A SINGLE-FAMILY HOUSE ON THE WEST SIDE OF THE 1500 BLOCK OF COOLIDGE AVENUE APPLICANT: JOSE A. GUTIERREZ CASE FILE NO. Z-2004-2 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for a three foot side yard setback where five feet is required for a single- family house on the west side of the 1500 block of Coolidge Avenue at a duly advertised public hearing held on April 19, 2004 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2004-2, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 19, 2004, support the following findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the small size and narrowness of the property coupled with required side yard setback areas results in a 15 foot wide developable area, making development of the site very difficult. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the Variance will allow the development of a single- family house with the required off-street parking and sufficient yard area consistent with much of the development in the area and under the same zone designation. 3 That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since one single-family house per property is allowed in the Light Manufacturing Residential (MLR) Zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes the construction of a single-family house with a one - car garage within three feet of the north property line. Minimum exterior garage width shall not be less than 11 feet; interior widths shall be 11 feet less thickness of the walls. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. Z- 2004-2, dated 3/15/2004. 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. The landscape plan shall include the entire rear yard. 3. The plans, Exhibit A in Case File no. Z-2004-2 dated 3/15/2004, shall be modified to show an exterior entryway near the front of the ground level of the house. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 5. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with City requirements. 6. The deteriorated portions of the existing street improvements (10 feet of sidewalk) along the property frontage shall be removed and replaced. 7. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way. 8. A smoke detector must be provided in the hallway. 9. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 10. 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. 11. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. 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 arrrrlicant shall pav necessary recordinv fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 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 May 3, 2004, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, GRAHAM NAYS: ABSENT: ABSTAIN: REYNOLDS, MARTINELLI 1411 A,Oa_A AA* 026 1A20 142$ 1411 1440 /601 \163 1625 100 Feet 1631 PROJECT LOCATION Variance for reduced setback for a new home. Z-2004-2 NATIONAL CITYPLANNING Drawn on: 04/07/04 INITIAL HEARING: 4/19/04 Site Photographs View of the site from the east P 9 OrMCNI d-0 0 050 SECOND STORY FLOOR PLAN -0 1NAILYfiT1 (0.V[6f000C VgAl 5/W reE •x cnwx MEP HALLWML/tDCd105 NGWaLP(CNEIVIE GNfO 6/P/LE FIRST STORY FLOOR PLAN SOUTH ELEVATION SCALE I/8" I'-0" EAST ELEVATION WEST ELEVATION SCALE 1/8" = I'-0" SCALE I/8" = 1'-0" PROJECT DATA J06 APME55: 1520 COOLI0GE AVE PDOPEf?fY OWNED•. JOSS A, GU8IMZ 641 E. 1811-1511 f NATIONAL CITY, CALIEODNIA 91950 OCCUPANCY: 1?.5-UI TYPE CON51DLI011ON: V-N ZONING. MLIS, CO2FS: C6C, CPC, CEC, CMC 2001 APN 559-064-12 LF(AL 2E5O 81iON'. NATIONAL. CM IT-FILE2 LOT NO, 18 6LOCK: 2 1RAU: 114,00 SCOPE OF WOI'K: CONSw,UCf 1 NO 5100', SINGLE FAME-Y YIW5LLING UNIT ON VACANT LOT J013 AA22 ?;55 520 C00L IOss r.wo oi,m0 PWJPOG II' O' OPEN MCA FOP.1,01,6 P10 0 1010' 102 Pb?P05P ONE LN' 6IM 5110 0 1010' 10.? .J I0IDZC0PUP!M 10EWA6,010 xra SITE PLAN SCALE 1 / 8" s I' _L'_. 0 IEETING DATE May 18, 2004 City of National City, California COUNCIL AGENDA STATE ENT AGENDA ITEM NO. 12 ITEM TITLE WARRANT REGISTER #43 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #43 per Government Section Code 37208. Environmental Review Financial Statement Not applicable. NIA STAFF RECO E ATIQN Approved Y. Finance iwec Account No. I recommend ratification of these warrants for a total of $ 1,464,125.17. BOAR ISSION REC M E .OATION ATTACHMENTS { Listed Below ) 1. Warrant Register #43 2. Workers Comp Warrant Register dated 04/21/04 3. Payroll Warrant Register dated 04/21/04 A-200 (9,/99 METING DATE May 18, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 ITEM TITLE WARRANT REGISTER #44 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #44 per Government Section Code 37208. Environmental Review Financial Statement Not applicable. STAFF RECOMMENDATION N/A Approved BY: Finance Director Account No. I recommend ratification of these warrants for a total of $ 542,970.55. BOARD / COMMISSION R C ENDATION ATTACHMENTS f Listed Detew } 1. Warrant Register tt,14 2. Workers Comp Warrant Register dated 04/28/04 utiort No. A-200 (9/S9j City of National City, California COUNCIL AGENDA STATEMENT EETING DATE May 18, 2004 AGENDA ITEM NO. 14 (-ITEM TITLE Consolidated Cash and Investment Report as of January31, 2004 PREPARED BY EXPLANATION For the City Council's information and in compliance with the City's Investment Policy, the Consolidated Cash and Investment Report as of January 31, 2004 is hereby submitted. This report .reflects the components of the Investment Program for the period then ended. The Investment Portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Alison Hunter X 4332 DEPARTMENT Finance - Marylou Matienzo X 4331 ( Environmental Review N/A Financial Statement Not Applicable STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD / COMMISSION RECOMMENDATION Concur: ATTACHMENTS L Listed Below ) 1. CASH AC OUNT SUMMARY 2- INVESTMENT BY BROKERS 3. PORTFOLIO MANAGEMENT 4. ACTIVITY REPORT i01MMXMeX2f In Account No. 5. CONSOLIDA1ED CASH REPORT Resolution No. 6. MONTHLY STATEMENT OF RECEIPTS 7. MONTHLY STATEMENT OF DISBURSEMENTS 8. POOLED INVESTMENT TRANSACTIONS REPORT A-200 (9/99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-Jan-04 REVOLVING CASH RETURNED CHECKS BANK OF AMERICA #80200 OUTSTANDING WARRANTS PAYROLL OUTSTANDING WARRANTS CASH HELD BY BROKERS INVESTMENTS MONEY MARKET LAIF • INVESTMENT EARNINGS HISTORY: FISCAL YEAR 2003-04 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 3,598.99 11, 541.48 440, 962.37 (297,066.00) (68,794.34) 205,358.77 15,391,368.06 6,491,434.80 28,738,017.82 50,916,421.95 YEAR-TO-DATE TOTAL YEAR 390, 543.1.8 484,359.26 1,129,989.77 746,948.82 $ 1,500,216.86 974,128.27 2,642,502.96 530,445.01 1, 841, 539.16 757,739.88 1,702,889.57 478, 699.30 1, 478, 232.91 538, 201.0 5 1, 256, 907.31 529,594.98 974,113.25 600, 624.13 1, 001, 709.56 468, 926.41 1, 011, 586.52 281,306.74 721,913.49 440,907.34 864,052.63 632, 063.26 1,303,878.52 567, 282.26 1, 544, 993.71 565,849.63 1,311,930.94 457,358.78 979,435.87 516, 042.84 1, 048, 978.23 917,114.72 1,321,688.93 Jan 04 Combined Cash Reconciliation Worksheets P1 CUSIP SymPro Investment # Issuer City of Na. nal City Investments by Brokers Investments Purchased From Finance 500 Inc January 31, 2004 Purchase Date Book Value Par Value National City Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 065284AH4 10757 10801 10755 143876AX8 10643 177707AC0 10702 25467BB98 10720 340558CE3 10629 32112FAD6 10701 633360A81 10756 74407ML60 10598 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 Plains Capital Bank 08/09/2002 11/04/2002 08/07/2002 12/07/2001 05/15/2002 06/12/2002 09/28/2001 05/15/2002 08/08/2002 07/11/2001 Subtotal and Average 99,000.00 99,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 99,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,496.98 99,000.00 99,515.79 95,747.65 99,835.05 95,638.40 99,000.00 99,523.90 95,495.90 96,316.70 986,000.00 966,000.00 979,370.37 2.750 3.250 2.800 4.100 4.900 3.650 5.150 4.850 2.800 5.200 2.712 3.205 2.761 4.043 4.832 3.600 5.079 4.783 2.761 5.128 2.750 3.250 2.800 4.100 4.900 3.650 5.150 4.850 2.800 5.200 3.883 3.937 08/09/2004 11/04/2004 08/06/2004. 06/07/2004 05/15/2007 06/14/2004 09/26/2006 05/15/2007 08/09/2004 07/1212004 190 277 187 127 1,199 134 968 1,199 190 162 462 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 Subtotal and Average 95,000.00 95,000.00 94,601.00 6.000 6.000 8.083 05/20/2004 109 95,000.00 95,000.00 94,601.00 6.000 6.083 109 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 0649999X5 10346 Bank One, Colorado 01/25/2000 20348PAF0 10727 Community Bank of Boone 06/28/2002 206073AKA 10726 Concord Bank 06/28/2002 30241HXE3 10159 FCC National Bank 03/10/1999 10262 Great South Texas Bank 09/15/1999 10870 Investors Community Bank 07/29/2003 458657EV1 10688 Intercredit Bank 04/30/2002 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 10329 Bank of Mount Vernon 02/26/1999 90331V9X2 10353 U S Bank NA 02/04/2000 6514-18844-1 10332 Wilmington Trust Co 03/08/1999 Subtotal and Average Run Date: 03/09/2004 - 09:12 74,790.18 74,790.18. 97,000.00 99,000.00 95,000.00 75,811.23 98,212.95 95,000.00 95,000.00 95,000.00 69,971.36 74,008.71 78,570.64 100,000.00 100,000.00 97,000.00 99,000.00 95,000.00 100,000.00 99,000.00 95,000.00 95,000.00 95,000.00 100,000.00 100,000.00 100,000.00 100,000.00 6.760 100,000.00 6.760 97,619.83 - 3.600 99,427.68 3.500 95,323.00 5.700 100,000,00 6.550 98,167.41 1.550 99,629.35 4.900 95,457.90 5.550 95,457.90 5.550 100,000.00 5.600 100,000.00 7.020 100,000.00 6.150 1,120,155.25 1,275,000.00 1,281,083.07 15.582 15.581 3.550 3.452 5.621 14.981 1.973 4.832 5.473 5.473 14.352 16.279 13.987 15.798 15.797 3.599 3.499 5.700 15.189 2.000 4.900 5.549 5.549 14.551 16.505 14.181 8.624 8.743 02/11/2005 01/13/2005 06/11/2004 05/03/2004 03/10/2004 07/28/2004 05/16/2005 04/30/2007 03/26/2004 03/26/2004 09/14/2005 02/03/2005 02/26/2004 376 347 131 92 38 178 470 1,184 54 54 591 368 25 296 Portfolio CNC CC DD (PRF_DD) SynRept V5.02f CUSIP Investment tl Issuer City of National City Investments Purchased From Finance 500 Inc January 31, 2004 Purchase Page 2 Current YTM YTM Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 31339XQN7 10867 Federal Home Loan Bank 07/02/2003 - 100,000.00 100,000.00 99,031.00 2.000 1.972 2.000 07/02/2008 1,013 31339Y6G2 10868 Federal Home Loan Bank 07/17/2003 100,000.00 100,000.00 99,438.00 2.000 1.972 2.000 07/17/2008 1,628 31339YYD8 10882 FederalHomeLoan Bank 08/13/2003 100,000.00 100,000.00 100,063.00 3.000 2.958 3.000 08/13/2008 1,655 3133X07B9 10883 Federal Home Loan Bank 08/20/2003 100,000.00 100,000.00 100,094.00 3.000 2.858 3.000 08/20/2008 1,662 3133XODW6 10884 Federal Home Loan Bank 08/27/2003 100,000.00 100,000.00 100,156.00 3.250 3.205 3.250 08/27/2008 1,669 3133X0WH8 10892 Federal Home Loan Bank 09/19/2003 100,000.00 100,000.00 100,313.00 3.500 3.452 3.500 09/19/2008 1,692 3133X1UZ8 10919 Federal Home Loan Bank - 11/13/2003 100,000.00 100,000.00 100,083.00 3.500 3.452 3.500 11/13/2008 1,747 3133X23C7 10920 Federal Home Loan Bank 11/28/2003 100,000.00 100,000.00 100,000.00 3.250 3.205 3.250 11/26/2008 1,760 Subtotal and Average 800,000.00 800,000.00 799,158.00 2.897 2.938 1,878 Pass Through Securities 3133TGSG5 10637 31376PGY5 10128 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 3,271 12/01/1998 12,787.81 12,270.02 13,051.87 8.500 7.605 7.710 07/01/2011 2,707 Subtotal and Average 12,787.81 12,270.02 13,051.87 7.605 7.711 2,707 Total Investments and Average 2,993,943.06 RcID Date: 03/09/2004 •09:12 W 3,148,270.02 3,167,264.31 5.476 5.553 723 Portfolio CNC CC DO (PRF_DO) SymRept V5.02f City of NE gal City Investments Purchased From Gilford Securities Inc January 31, 2004 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 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 99,250.00 100,000.00 100,156.00 2.250 2.377 2.410 04/10/2008 1,530 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 100,000.00 100,000.00 100,063.00 3.000 2.958 - 3.000 05/14/2008 1,564 3128X1DQ7C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 100,000.00 100,293.00 2.700 2.683 2.700 05/28/2008 1,578 31339XTQ7C 10849 Federal Home Loan Bank 06/30/2003 100,000.00 100,000.00 99,313.00 2.000 1.972 2.000 06/30/2008 1,611 31339Y6G2C 10856 Federal Home Loan Bank 07/17/2003 99,937.50 100,000.00 99,438.00 2.000 1.985 2.013 07/17/2008 1,828 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 99,750.00 100,000.00 99,594.00 2,000 2.024 2.052 07/24/2008 1,635 31339YPB2C 10858 Federal Home Loan Bank 07/30/2003 100,000.00 100,000.00 100,250.00 2.500 2.465 2.500 07/30/2008 1,641 31339YYD8C 10872 Federal Home Loan Bank 08/13/2003 100,000.00 100,000.00 100,063.00 3.000 2.958 3.000 08/13/2008 1,655 31339YVS8C 10873 Federal Home Loan Bank 08/14/2003 100,000,00 100,000.00 99,719.00 2.500 2.465 2.500 08/14/2008 1,656 3133X0AE9C 10874 Federal Home Loan Bank 08/20/2003 99,937.50 100,000.00 100,063.00 2.500 2.478 2.513 08/20/2008 1,662 3133XODE6 10875 Federal Home Loan Bank 08/26/2003 100,000.00 100,000.00 100,000.00. . 3.000 2,958 3.000 08/26/2008 1,668 3133X0HE2C 10870 Federal Home Loan Bank 08/27/2003 99,687.50 100,000.00 100,156.00 3.250 3.272 3.318 08/27/2008 1,669 3133X0VA4C 10886 Federal Home Loan Bank 09/19/2003 99,875.00 100,000,00 • 100,219.00 3.000 2.985 3.027 09/19/2008 1,692 3133X14R5C 10893 Federal Home Loan Bank 10/02/2003 99,750.00 100,000.00. 99,781.00 3.500 3.508 3.555 10/02/2008 1,705 3133MX17M3C 10894 Federal Home Loan Bank 10/09/2003 100,000.00 100,000.00 100,375.00 3.250 3.205 3.250 10/09/2008 1,712 3133X1CG0 10895 Federal Home Loan Bank 10/15/2003 99,900.00 100,000.00 100,344.00 3.000 2.980 3.021 10/15/2008 1,718 3133X1CZ8C 10896 Federal Home Loan Bank 10/15/200a 99,937.50 100,000.00 100,250.00 3.000 2.972 3.013 10/15/2008 1,718 3133X1LS4C 10898 Federal Home Loan Bank 10/30/2003 99,900.00 100,000.00 100,000.00 3.000 2.980 3.021 10/30/2008 1,733 3133X1L39C 10899 Federal Home Loan Bank 10/30/2003 99,375.00 100,000.00 100,156.00 2.750 2.845 2.885 10/30/2008 1,733 3133X1PY7C 10910 Federal Home Loan Bank 11/04/2003 100,000.00 100,000.00 100,000.00 3.000 2.958 3.000 11/04/2008 1,738 3133X1U54C 10911. Federal Horne Loan Bank 11/14/2003 99,812.50 100,000.00 - 100,408.00 3.000 2.999 3.040 11/14/2008 1,748 31332AP0C 10912 Federal Home Loan Bank 11/24/2003 100,000.00 100,000.00 100,125.00 3.500 3.452 3.500 11/24/2008 1,758 3133X24X0C 10913 Federal Home Loan Bank 11/28/2003 99,562.50 100,000.00 100,406.00 3.000 3.052 3.095 11/28/2008 1,762 3133X2JS5C 10921 Federal Home Loan Bank 12/16/2003 99,812.50 100,000.00 100,156.00 3.000 2.999 3.040 12/16/2008 1,780 3133X3C84C 10922 Federal Home Loan Bank 01/30/2004 99,937.50 100,000.00 100,776.70 3.125 3.095 3.138 01/30/2009 1,825 Subtotal and Average 2,496,425.00 2,500,000.00 2,502,102.70 2.825 2.864 1,684 Total Investments and Average 2,496,425.00 Run Date: 03/09/2004 -09:12 2,500,000.00 2,502,102.70 2.825 2.864 1,884 Portfolio CNC cc OD (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of Na Iona! City Investments Purchased From Multi -Bank Securities Inc January 31, 2004 Purchase Date Book Value Par Value Certificates of Deposit - Monthly 10852 10577 10877 10804 10923 10900 10901 10925 10924 10597 10851 10859 10850 10861 10599 10783 10596 10843 10878 10682 10914 10926 10862 Negotiable/Transferable CDs 358611FU2080 39739BS38080 441800AY8060 798219AB7060 10168 10162 10167 10146 Bank of Bonifay Bankfirst NA Boardwalk Bank Bank of Arkansas Brand Banking Company Carolina Trust Bank Corn Belt B & T Co First Cherokee State Bank Guernsey Bank Legacy Bank of Harrisburg MBNA America NCB Savings Bank FSB Orlon Bank Pan American Bank Park Avenue Bank NA, The PlantersFirst Bank Providian Bank Southern New Hampshire B&T Co Southern National Bank -Texas State Farm Financial Svcs, FSB Total Bank Washington State Bank Washington Savings Bank, FSB Fremont Investment & Loan Greenwood Trust Company DE Household Bank San Jose National Bank • 00/11/2003 06/22/2001 08/07/2003 07/20/2001 01/23/2004 10/01/2003 10/07/2003 01/26/2004 01/23/2004 07/12/2001 06/05/2003 07/17/2003 06/05/2003 07/28/2003 07/11/2001 08/27/2002 07/10/2001 05/08/2003 08/29/2003 03/06/2002 11/26/2003 01/27/2004 07/31/2003 Subtotal and Average 04/07/1999 03/17/1999 04/07/1999 03/03/1999 Subtotal and Average 95,000.00 99,000.00 99,000.00 100,000.00 99,000.00 99,000.00 98,000.00 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 95,000.00 99,000.00 99,000.00 100,000.00 99,000.00 99,000.00 98,000.00 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 Page 4 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity 95,000.00 2.350 2.317 2.350 06/11/2005 496 99,000.00 5.350 5.278 5.350 06/22/2004 142 99,000.00 2.250 2.219 2.250 08/08/2005 554 100,000.00 5.170 5.099 5.170 07/20/2004 170 99,000.00 2.655 2.655 2.691 01/21/2006 720 99,000.00 2.500 2.465 2.500 10/01/2005 608 98,000.00 2.710 2.672 2.710 10/07/2005 614 99,000.00 2.800 2.761 2.800 01/26/2006 725 99,000.00 2.680 2.643 2.880 01/23/2006 722 99,000.00 5.500 5.424 5.500 07/12/2004 162 99,000.00 2.430 2.396 2.430 06/05/2005 490 99,000.00 2.100 2.071 2.100 07/18/2005 533 99,000.00 2.226 2.195 2.226 06/06/2005 491 99,000.00 2.100 2.071 2.100 07/28/2005 543 99,000.00 5.400 5.326 5.400 07/12/2004 162 99,000.00 3.400 3.353 3.400 08/27/2004 208 99,000.00 5.480 5.404 5.480 07/09/2004 159 99,000.00 2.000 1.972 2.000 05/08/2004 97 99,000.00 2.750 2.712 2.750 08/25/2005 571 100,000.00 4.350 4.290 4.350 03/08/2004 36 99,000.00 2.450 2.418 2.450 09/01/2005 578 99,000.00 2.850 2.810 2.850 01/27/2006 726 99,000.00 2.250 2.219 2.250 07/30/2005 545 ' 2,274,000.00 97,000.00 100,000.00 97,000.00 97,000.00 2,274,000.00 97,000.00 100,000.00 97,000.00 97,000.00 2,274,000.00 3.187 3.211 438 97,751.75 5.800 5.523 5.600 04/07/2004 66 100,538.00 5.600 5.523 5.600 03/17/2004 45 97,734.29 5.500 5.424 5.500 04/07/2004 66 97,349.20 5.400 5.326 5.400 03/03/2004 31 391,000.00 391,000.00 393,373.24 5.450 5.526 51 Pass Through Securities 31364TKP5060 10103 Rot) Date: 03/09/2004 - 09:12 C7'1 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250 7.206 7.307 11/01/2004 274 Portfolio CNC CC DD (PRF_DD) SymRept V5.021 City of Na ial City Investments Purchased From Multi -Bank Securities Inc January 31, 2004 Page 5 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 380 385 Date Maturity Subtotal and Average 0.00 0.00 0.00 0.000 0.000 0 Run Date: 03/09/2004 • 09:12 Total Investments and Average 2,665,000.00 2,665,000.00 2,667,373.24 3.502 3.551 380 Portfolio CNC CC DD (PRF_DD) SymRept V5.02( CUSIP Investment # issuer City of National City Investments Purchased From PaineWebber Inc January 31, 2004 Purchase Page 6 Current YTM YTM Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MYLK1 10844 Federal Home Loan Bank 05/21/2003 100,000.00 100,000.00 100,094.00 3.000 2.958 3.000 05/21/2008 1,571 31339XGQN7 10863 Federal Home Loan Bank 07/02/2003 100,000.00 100,000.00 99,031.00 2.000 1.972 2.000 07/02/2008 1,613 3133X0AE9 10879 Federal Home Loan Bank 08/20/2003 100,000.00 100,000.00 100,063.00 2.500 2.465 2.500 08/20/2008 1,662 3133X0S75 10887 Federal Home Loan Bank 09/12/2003 100,000.00 100,000.00 100,250.00 3.500 3.452 3.500 09/12/2008 1,685 3133X1GA9 10903 Federal Home Loan Bank 10/21/2003 100,000.00 100,000.00 100,438.00 3.250 3.205 3.250 10/21/2008 1,724 3133X2AC9 10915 Federal Home Loan Bank - 11/26/2003 100,000.00 100,000.00 100,125.00 3.125 3.082 3.125 11/26/2008 1,760 Subtotal and Average 600,000.00 600,000,00 600,001.00 2.856 2.896 1,689 Total Investments and Average 600,000.00 600,000.00 - 600,001.00 2.856 2.896 1,669 Rcp Date: 03/09/2004 -09:12 v Portfolio CNC CC DD (PRF DD) SymRepl V5.021 City of Na" 'naI City 0 Investments Purchased Fro!. J.S. Sterling Capital Corp. January 31, 2004 Page 7 Purchase - Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate - 360 365 Date Maturity Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/26/2004 176 10855 Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.169 2.200 06/27/2005 512 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 04/25/2004 84 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 57 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 254 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 82 10854 Bitteroot Valley Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 06/25/2005 510 10889 Capital Bank & Trust Co. 09/11/2003 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 09/12/2005 589 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 159 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 159 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 102 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 89 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 295 10905 Citizens Natl. Bank of Quitman 10/06/2003 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 10/06/2005 613 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 299 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 78 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 274 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 383 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 159 10866 First National Bank of Barron 07/21/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 07/25/2005 540 10699 FNB of Elk River - 04/29/2002 89,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/29/2004 88 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 179 10888 Forreston State Bank 09/03/2003 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 09/06/2005 583 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 417 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 163 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 151 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 144 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 173 10880 Home Bank of Arkansas 08/13/2003 99,000.00 99,000.00 99,000.00 2.450 2.416 2.450 08/15/2005 561 10908 Horizon Bank 10/31/2003 99,000.00 99,000.00 99,000.00 2.800 2.564 2.600 10/31/2005 638 10697 Mini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 04/24/2004 83 10865 IndyMac Bank FSB 07/08/2003 99,000.00 99,000.00 99,000.00 2.120 2.090 2.120 07/08/2005 523 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 470 10927 Jacksonville Bank 01/05/2004 - 99,000.00 99,000.00 99,000.00 2.860 2.820 2.860 01/05/2006 704 Run Date: 03/09/2004 • 09:12 Portfolio CNC cc DO (PRF_DO) SymRept V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. January 31, 2004 Purchase Date Book Value Par Value Page 8 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10904 10810 10813 10671 10929 10736 10715 10864 10837 10928 10714 10906 10907 10828 10916 10845 10776 10917 10694 10774 10751 10775 10811 10890 10717 10808 10918 10853 10752 10601 10578 10809 10836 Reto Date: 03/09/2004 - 09:12 Lake Country State Bank Lone Star National Bank Lowcountry National Bank Manufacturers & Traders Trust Main Street Bank Mercantile T&SB Mesa Bank Mutual Bank Northeast Bank FSB Network Bank New Frontier Bank Oceanside Bank Ocwen Federal Bank FSB Omni National Bank Parke Bank Pioneer Bank PNB Financial Bank Premier Bank of Wilmette Premier Bank of Tallahassee Peoples State Bank Security Bank SouthTrust Bank Stockmans Bank Texas State Bank Traditional Bank Treasury Bank Trinity Bank Union Credit Bank Union National Bank of Elgin, Union Bank World's Foremost Bank Webster Five Cents Savings Bk West Pointe Bank 10/02/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 10/03/2005 610 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.761 2.800 02/11/2005 376 02/27/2003 99,000.00 99,000,00 99,000.00 2.750 2.712 2.750 02/28/2005 393 03/25/2002 99,000.00 99,000,00 99,000.00 4.110 4.053 4.110 03/25/2004 53 01/30/2004 99,000.00 99,000.00 99,000.00 2.700 2.683 2.700 01/30/2006 729 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.191 4.250 09/07/2004 219 05/09/2002 - 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 05/10/2004 99 07/03/2003 99,000.00 99,000.00 99,000.00 2.000 1.972 2.000 07/05/2005 520 04/24/2003 99,000.00 99,000,00. 99,000.00 2.350. 2.317 2.350 04/25/2005 449 01/21/2004 99,000.00 99,000.00 99,000.00 2.700 2.663 2.700 01/20/2006 719 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 05/08/2004 97 10/20/2003 99,000.00 99,000.00 99,000,00 2.500 2.465 2.500 10/20/2005 627 10/27/2003 99,000.00 99,000.00 • 99,000.00 2.730 2.692 2.730 10/24/2005 631 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 01/20/2005 354 11/20/2003 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 09/19/2005 596 05/05/2003 99,000.00 99,000.00 99,000.00 2.300 2.268 2.300 05/05/2005 459 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 09/24/2004 236 11/25/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 11/25/2005 683 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/22/2004 81 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.402 3.450 09/13/2004 225 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.925 3.980 07/15/2004 165 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.343 3.390 10/19/2004 261 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.761 2.800 02/13/2005 378 09/26/2003 99,000.00 99,000.00 99,000.00 2.620 2.584 2.620 08/26/2005 572 05/16/2002 99,000.00 99,000,00. 99,000.00 4.250 - 4.191 4.250 07/16/2004 166 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.008 3.050 01/28/2005 362 11/25/2003 99,000,00 99,000.00 99,000.00 2.650 2.613 2.650 11/25/2005 663 06/18/2003 99,000.00 99,000.00 99,000.00 2.300 2.268 2.300 06/20/2005 505 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.886 3.940 07/18/2004 168 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/16/2004 166 06/29/2001 100,000,00 100,000.00 100,000.00 5.300 5.227 5.300 06/29/2004 149 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.880 2.920 01/30/2005 364 04/10/2003 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 04/11/2005 435 Subtotal and Average 6,636,000.00 6,636,000.00. 6,636,000.00 3.271 3.316 339 Portfolio CNC CC OD (PRF_DD) SymRept V5.02f City of Nt ial City -° Investments Purchased From U.S. Sterling Capital Corp. January 31, 2004 CUSIP Investment # Issuer Purchase Date Book Value Current YTM YTM Market Value Rate 360 365 Page 9 Total Investments and Average 6,636,000.00 Run Date: 03/09/2004 - 09:12 6,636,000.00 6,636,000.00 3.271 3.316 339 Portfolio CNC CC DO (PRF_DO) SymRepl V5.02f City of National City SymPro Investments City of National City Portfolio Management Portfolio Summary January 31, 2004 Par Market Value Value Book %of Value Portfolio Days to YTM/C YTMJC Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 9,876,000.00 9,889,370.37 9,876,000.00 64.17 803 374 3.307 3.353 Certificates of Deposit - Maturity 95,000.00 94,601.00 - 95,000.00 0.62 1,827 109 6.000 6.083 NegotiablelTransferable CDs 1,666,000.00 1,674,456.31 1,511,155.25 9.82 1,625 233 7.802 7.911 Federal Agency Securities 3,900,000.00 3,901,261.70 3,896,425.00 25.32 1,827 1,681 2.844 2.884 Pass Through Securities 12,270.02 13,051.87 12,787.81 0.08 4,595 2,707 7.605 7.711 Investments 15,549,270.02 15,572,741.25 15,391,368.06 100.00% 1,152 691 3.651 3.702 Total Earnings Current Year Average Daily Balance Effective Rate of Return January 31 Month Ending 66,707.50 15,399,013.93 5.10% Marylou Matienzo, Director of Finance gun Date: 03/09/2004 - 09:14 Fiscal Year To Date 389,888.43 14,645,448.22 4.52% Portfolio CNC CC PM (PRF_PM1) SymRept V5.02f -o City of Na ;nal City Portfolio Management Page 2 Portfolio Details - Investments January 31, 2004 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 07/28/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 178 07/26/2004 10855 ' Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.200 512 06/27/2005 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 84 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4,200 57 03/29/2004 10852 Bank of Bonlfay 06/11/2003 95,000.00 95,000.00 '95,000.00 2.350 2.350 496 06/11/2005 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,498.98 99,000.00 2.750 2.750 190 08/09/2004 10793 Bay Financial Savings Bank 10/09/2002 - 99,000.00 99,000.00 99,000.00 3.300 3.300 254 10/12/2004 10577 Bankfirst NA 06//22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 142 06/22/2004 10801 Global Credit Union - 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 277 11/04/2004 10877 Boardwalk Bank 08/07/2003 99,000.00 99,000.00 99,000.00 2.250 2.250 554 08/08/2005 10804 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 - 5.170 170 07/20/2004 10755 Bank of Little Chute 08/07/2002 99,000.00 99,515.79 99,000.00 2.800 2.800 187 08/06/2004 10923 Brand Banking Company 01/23/2004 99,000.00 99,000.00 99,000.00 2.655 2.692 720 01/21/2006 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000,00 4.150 4.150 82 04/23/2004 . 10854 Bitteroot Valley Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 510 06/25/2005 10889 Capital Bank & Trust Co. 09/11/2003 99,000.00 - 99,000.00 99,000.00 2.500 2.500 589 09/12/2005 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 159 07/09/2004 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 159 07/09/2004 10900 Carolina Trust Bank 10/01/2003 99,000.00 - 99,000.00 99,000.00 2.500 2.500 608 10/01/2005 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 102 05/13/2004 10901 Corn Belt B & T Co 10/07/2003 98,000.00 98,000.00 98,000.00 2.710. 2.710 614 10/07/2005 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 - 99,000.00 4.050 4.050 89 04/30/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 - 95,000.00 95,747.65 - 95,000.00 4.100 4.100 127 06/07/2004 177707ACO 10702 City Bank - 05/15/2002 . 95,000.00 99,635.05 95,000.00 4.900 4.900 1,199 05/15/2007 10847 Community National Bank 05/22/2003 99,000.00. 99,000.00 99,000.00 2.150 2.150 295 11/22/2004 10905 Citizens Natl. Bank of Quitman 10/06/2003 99,000.00 99,000.00 99,000.00. 2.500 2.500 613 10/06/2005 25487B898 10720 Discover Bank 96/12/2002 95,000.00 95,638.40 95,000.00 3.650 3.650 134 06/14/2004 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 - 99,000.00 2.960 2.960 299 11/26/2004 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 78 04/19/2004 10800 Frirst Community Bank 11/01/2002 99,000.00 - 99,000.00 99,000.00 3.250 3.250 274 11/01/2004 10925 First Cherokee State Bank 01/28/2004 99,000.00 99,000.00 99,000.00 2.800 2.800 725 01/26/2006 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.850 383 02/18/2005 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 159 07/09/2004 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 968 09/26/2006 10866 First National Bank of Barron 07/21/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 540 07/25/2005 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 88 04/29/2004 Run Date: 03/09/2004 - 09:14 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments January 31, 2004 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Page 3 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit • Monthly 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 179 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 99,523.90 95,000,00 4.850 4.850 1,199 05/15/2007 10888 Forreston State Bank 09/03/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 583 09/06/2005 10829 First State sank of Conway 03/24/2003 99,000,00 99,000.00 99,000.00 2.550 2.550 417 03/24/2005 10800 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 163 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 151 07/01/2004 10924 Guernsey Bank 01/23/2004 99,000.00. 99,000.00 99,000.00 2.880 2.680 722 01/23/2006 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 144 06/24/2004 10805 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 173 07/23/2004 10880 Home Bank of Arkansas 08/13/2003 99,000,00 99,000.00 99,000.00 2.450 2.450 581 08/15/2005 10908 Horizon Bank 10/31/2003 99,000.00 99,000.00 . 99,000.00 2.600 2.800 638 10/31/2005 10697 htmllnBank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 8304/24/2004 10865 IndyMac Bank FSB 07/08/2003 99,000.00 99,000.00 99,000.00 2.120. 2.120 523 07/08/2005 10848 International Bank of Chicago 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 470 05/18/2005 10927 Jacksonville Bank 01/05/2004 99,000.00 99,000.00 99,000.00 2.860 2.880 704 01/05/2006 10904 Lake Country State Bank 10/02/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 810 10/03/2005 10597 Legacy Bank of Harrisburg 07/12/2001 - 99,000.00 99,000.00 99,000.00 5.500 5.500 182 07/12/2004 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2,800 378 02/11/2005 10813 Lowcountry National Bank 02/27/2003 99,000.00 - 99,000.00 99,000.00 2.750 2.750 393 02/28/2005 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 53 03/25/2004 10929 Main Street Bank 01/30/2004 99,000.00 99,000.00 99,000.00 2.700 2.700 729 01/30/2006 10851 MBNA America 06/05/2003 99,000.00 99,000.00 99,000.00 2.430 2.430 490 06/05/2005 10736 Mercantile T&SB 06/04/2002 - 99,000.00 99,000.00 99,000.00 4.250 4.250 219 09/07/2004 10715 Mesa Bank 05/09/2002 - 99,000.00 99,000.00 99,000.00 4.100 4.100 99 05/10/2004 10864 Mutual Bank 07/03/2003 99,000.00 99,000.00 99,000.00 2.000 2.000 520 07/05/2005 63336QA61 10756 National Bank of Commerce 08/08/2002 95,000.00 - 95,495.90 95,000.00 2.800 2.800 190 08/09/2004 10859 NCB Savings Bank FSB 07/17/2003 99,000.00 99,000.00 99,000.00 2.100 2.100 533 07/18/2005 10837 Northeast Bank FSB 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 449 04/25/2005 10928 Network Bank 01/21/2004 99,000.00 99,000.00. 99,000.00 2.700 2.700 719 01/20/2006 10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 97 05/08/2004 10906 Oceanside Bank 10/20/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 627 10/20/2005 10907 Ocwen Federal Bank FSB 10/27/2003 99,000.00 99,000.00 99,000.00 2.730 2.730 631 10/24/2005 10828 Omni National Bank 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 354 01/20/2005 10850 Orion Bank 00/05/2003 99,000.00 - 99,000.00 99,000.00 2.226 2.226 491 06/06/2005 10861 Pan American Bank 07/28/2003 99,000.00 99,000.00 99,000.00 2.100 2.100 543 07/28/2005 10599 Park Avenue Bank NA, The - 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 162 07/12/2004 a Date: 03/09/2004 - 09:14 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f -0 City of Nat.s nal City Portfolio Management Page 4 Portfolio Details - Investments January 31, 2004 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 10918 Parke Bank 11/20/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 596 09/19/2005 10845 Pioneer Bank 05/05/2003 99,000.00 99,000.00 99,000.00 2.300 2.300 459 05/05/2005 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 208 08/27/2004 74407ML60 - 10598 Plains Capital Bank 07/11/2001 - 95,000.00 96,316.70 95,000.00 5.200 5.200 162 07/12/2004 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 236 09/24/2004 10917 Premier Bank of Wilmette 11/25/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 663 11/25/2005 10694 Premier Bank of Tallahassee 04/22/2002 - 99,000.00 99,000.00 - 99,000.00 4.150 4.150 81 04/22/2004 10596 Providian Bank 07/10/2001 99,000.00 99,000.00. 99,000.00 5.480 5.480 159 07/09/2004 10774 Peoples State Bank 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.450 225 09/13/2004 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 165 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 97 05/08/2004 10878 Southern National Bank -Texas 08/29/2003 99,000.00 99,000.00 1. 99,000.00 2.750 2.750 571 08/25/2005 - 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 36 03/08/2004 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.390 261 10/19/2004 10811 Stockmans Bank 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 378 02/13/2005 10890 Texas State Bank 09/26/2003 99,000.00 99,000.00 99,000.00 2.620 2.620 572 08/26/2005 10914 Total Bank 11/26/2003 99,000.00 99,000.00 99,000.00 2.450 2.450 578 09/01/2005 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 166 07/16/2004 10808 Treasury Bank . 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 362 01/28/2005 10918 Trinity Bank 11/25/2003 99,000.00 99,000.00 99,000.00 2.650 2.650 663 11/25/2005 10853 Union Credit Bank 06/18/2003 99,000.00 99,000.00 99,000.00 2.300 2.300 505 06/20/2005 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.940 168 07/18/2004 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 166 07/16/2004 10926 Washington State Bank 01/27/2004 . 99,000.00 99,000.00 99,000.00 2.850 2.850 726 01/27/2006 10862 Washington Savings Bank, FSB 07/31/2003 99,000.00 99,000.00 99,000.00 2.250 2.250 545 07/30/2005 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 149 06/29/2004 10809 Webster Five Cents Savings 8k. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.920 364 01/30/2005 10836 West Pointe Bank 04/10/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 435 04/11/2005 Subtotal and Average 9,594,967.74 9,876,000.00 9,889,370.37 9,876,000.00 3.353 374 Certificates of Deposit • Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average 95,000.00 05/20/1999 95,000.00 94,601.00 95,000.00 6.000 6.083 109 05/20/2004 95,000.00 94,601.00 95,000.00 6.083 109 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC Q2/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 376 02/11/2005 0649999X5 10348 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.780 15.798 347 01/13/2005 Run Date: 03/09/2004 •09:14 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02( CUSIP Investment# Issuer Average Balance City of National City Portfolio Management Portfolio Details -Investments January 31, 2004 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 20348PAFO 10727 206073AKA 10726 30241HXE3 10159 358611FU2060 10168 39739BS36060 10162 10262 441800AY8060 10167 10870 458657EV1 10688 531554AG8 10166 509685AC7 10165 10329 798219AB7060 10146 90331V9X2 10353 6514.18644.1 10332 Community Bank of Boone Concord Bank FCC National Bank Fremont Investment & Loan Greenwood Trust Company DE Great South Texas Bank Household Bank Investors Community Bank Intercredit Bank Libertyville Bank & Trust Lake Forest Bank & Trust Bank of Mount Vernon San Jose National Bank US Bank NA Wilmington Trust Co Subtotal and Average 1,750,933.81 06/28/2002 08/28/2002 03/10/1999 04/07/1999 03/17/1999 09/15/1999. 04/07/1999 07/29/2003 04/30/2002 04/06/1999 04/06/1999 02/26/1999 03/03/1999 02/04/2000 03/08/1999 97,000.00 99,000.00 95,000.00 97,000.00 100,000.00 100,000.00 97,000.00 99,000.00 95,000.00 95,000.00 95,000.00 100,000.00 97,000.00 100,000.00 100,000.00 97,619.83 99,427.68 95,323.00 97,751.75 100,538.00 100,000.00 97,73429 98,167.41 99,629.35. 95,457.90 95,457.90 100,000.00 97,349.20 100,000.00 100,000.00 97,000.00 99,000.00 95,000.00 97,000.00 100,000.00 75,811.23 97,000.00 98,212.95 95,000.00 95,000.00 95,000.00 69,971.36 97,000.00 74,008.71 76,570.64 1,886,000.00 1,674,456.31 1,511,155.25 3.600 3.500 5.700 5.600 5.600 6.550 5.500 1.550 4.900 5.550 5.550 5.600 5.400 7.020 6.150 3.599 3.500 5.700 5.800 5.600 15.190 5.500 2.000 4.900 5.550 5.550 14.552 5.400 16.505 14.182 131 06/11/2004 92 05/03/2004 38 03/10/2004 66 04/07/2004 45 03/17/2004 178 07/28/2004 66 470 1,184 54 54 591 31 368 25 7.911 233 04/07/2004 05/16/2005 04/30/2007 03/26/2004 03/26/2004 09/14/2005 03/03/2004 02/03/2005 02/26/2004 Federal Agency Securities 3133MXEGOC 3133MYF28C 3128X1DQ7C 3133MYLK1 31339XTQ7C 31339Y6G2C 31339YFN7C 31339YPB2C 31339XQN7 31339XQN7 31339Y6G2 31339YYD8C 31339YVSBC 3133X0AE9C 3133XODE6 3133XOHE2C 3133X0AE9 31339YYD8 a Date: 03/09/2004 - 09:14 C,91 10833 10841 10842 10844 10849 10856 10857 10858 10863 10867 10868 10872 10873 10874 10875 10876 10879 10882 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 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 04/10/2003 05/14/2003 05/28/2003 05/21/2003 06/30/2003 07/17/2003 07/24/2003 07/30/2003 07/02/2003 07/02/2003 07/17/2003 08/13/2003 08/14/2003 08/20/2003 08/26/2003 08/27/2003 08/20/2003 08/13/2003 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,156.00 100,063.00 100,293.00 100,094.00 99,313.00 99,438.00 99,594.00 100,250.00 99,031.00 99,031.00 99,438.00 100,063.00 99,719.00 100,063.00 100,000.00 100,156.00 100,063.00 100,063.00 99,250.00 100,000.00 100,000.00 100,000,00 100,000.00 99,937.50 99,750.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 99,937.50 100,000.00 99,687.50 100,000.00 100,000.00 2.250 3.000 2.700 3.000 2.000 2.000 2.000 2.500 2.000 2.000 2.000 3.000 2.500 2.500 3.000 3.250 2.500 3.000 2.410 3.000 2.700 3.000 2.000 2.013 2.053 2.500 2.000 2.000 2.000 3.000 2.500 2.513 3.000 3.318 2.500 3.000 1,530 1,564 1,578 1,571 1,611 1,628 1,635 1,641 1,613 1,613 1,628 1,655 1,656 1,662 1,668 1,669 1,662 1,655 04/10/2008 05/14/2008 05/28/2008 05/21/2008 06/30/2008 07/17/2008 07/24/2008 07/30/2008 07/02/2008 07/02/2008 07/17/2008 08/13/2008 08/14/2008 08/20/2008 08/26/2008 08/27/2008 08/20/2008 08/13/2008 Portfolio CNC CC PM (PRF_PM2) SymRepf V5.02f -0 City of Nat,.Ahal City Portfolio Management Page 6 Portfolio Details - Investments January 31, 2004 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 3133X07B9 10883 Federal Home Loan Bank 08/20/2003 100,000.00 100,094.00 100,000.00 3.000 3.000 1,662 08/20/2008 3133XODW8 10884 Federal Home Loan Bank 08/27/2003 100,000.00 100,156.00 100,000.00 3.250 3.250 1,669 08/27/2008 3133X0VA4C 10886 Federal Home Loan Bank 09/19/2003 - 100,000.00 100,219.00 99,875.00 3.000 3.027 1,692 09/19/2008 3133X0S75 10887 Federal Home Loan Bank 09/12/2003 100,000.00 100,250.00 100,000.00 3.500 3.500 1,685 09/12/2008 3133X0WH8 10892 Federal Home Loan Bank 09/19/2003 _100,000.00 100,313.00 100,000.00 3.500 3.500 1,692 09/19/2008 3133X14R5C 10893 Federal Home Loan Bank 10/02/2003 100,000.00 99,781.00 99,750.00 3.500 3.555 1,705 10/02/2008 3133MX17M3C 10894 Federal Home Loan Bank 10/09/2003 100,000.00 100,375.00 100,000.00 3.250 3.250 1,712 10/09/2008 3133X1CG0 10895 Federal Home Loan Bank 10/15/2003 100,000.00 100,344.00 99,900.00 3.000 3.022 1,718 10/15/2008 3133X1CZ8C 10896 Federal Home Loan Bank 10/15/2003 100,000.00 100,250.00 99,937.50 3.000 3.014 1,718 10/15/2008 3133X1LS4C 10898 Federal Home Loan Bank 10/30/2003 100,000.00 100,000.00 99,900.00 3.000 3.022 1,733 10/30/2008 3133X1L39C 10899 Federal Home Loan Bank 10/30/2003 100,000.00 100,156.00 99,375.00 2.750 2.885 1,733 10/30/2008 3133X1GA9 10903 Federal Home Loan Bank 10/21/2003 100,000.00 100,438.00 a 100,000.00 3.250 3.250 1,724 10/21/2008 3133X1PY7C 10910 Federal Home Loan Bank 11/04/2003 100,000.00 100,000.00 100,000.00 3.000 3.000 1,738 11/04/2008 3133X1U54C 10911 Federal Home Loan Bank 11/14/2003 100,000.00 100,406.00 99,812.50 3.000 3.041 1,748 11/14/2008 31332APOC 10912 Federal Home Loan Bank 11/24/2003 100,000.00 100,125.00 100,000.00 3.500 3.500 1,758 11/24/2008 3133X24X0C 10913 Federal Home Loan Bank 11/28/2003 100,000.00 100,406.00 - 99,562.50 3.000 3.095 1,762 11/28/2008 3133X2AC9 10915 Federal Home Loan Bank 11/26/2003 100,000.00 100,125.00 100,000.00 3.125 3.125 1,760 11/26/2008 3133X1 UZ8 10919 Federal Home Loan Bank 11/13/2003 100,000.00 100,063.00 100,000.00 3.500 3.500 1,747 11/13/2008 3133X23C7 10920 Federal Home Loan Bank 11/26/2003 100,000.00 100,000.00 100,000.00 3.250 3.250 1,760 11/26/2008 3133X2JS5C 10921 Federal Home Loan Bank 12/16/2003 100,000.00 100,156.00 99,812.50 3.000 3.041 1,780 12/16/2008 3133X3C84C 10922 Federal Home Loan Bank 01/30/2004 100,000.00 100,778.70 99,937.50 3.125 3.139 1,825 01/30/2009 Subtotal and Average 3,944,870.56 3,900,000.00 3,901,281.70 3,896,425.00 2.884 1,681 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 31378PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 12,270.02 13,051.87 12,787.81 8.500 7.711 2,707 07/01/2011 Subtotal and Average 13,241.80 12,270.02 13,051.87 12,787.81 7.711 2,707 Total investments and Average 15,399,013.93 15,549,270.02 15,572,741.25 15,391,368.06 3.702 691 Portfolio CNC CC Run Date: 03/09/2004 - 09:14 PM (PRF_PM2) SymRept V5.02t SymPro ifhla Percent CUSIP Investment # Issuer of Portfolio City of National City Activity Report Sorted By Brokers January 1, 2004 - January 31, 2004 Par Value Beginning Balance Current Transaction Rate Date City of National City Par Value Purchases Sales/Calls/Maturities or Deposits or Withdrawals Ending Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 966,000.00 966,000.00 Certificates of Deposit Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs 203584AD9 06035ADT7 8649999X9 10071 Community Bank of Ravenswood 10072 Bank & Trust of Puerto Rico 10347 Success National Bank Subtotal and Balance 1,565,000.00 5.350 5.300 6.270 01/28/2004 01/27/2004 01/31/2004 0.00 a0.00 0.00 0.00 95,000.00 95,000.00 100,000.00 290,000.00 1,275,000.00 Federal Agency Securities 3133X1HA86 10909 Federal Home Loan Bank Subtotal and Balance 900,000.00 3.000 01/23/2004. 0.00 0.00 100,000.00 100,000.00 800,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 20.247% 12,832.68 3,538,832.68 8.500 01/25/2004 0.00 0.00 0.00 562.68 562.66 390,562.66 12,270.02 3,148,270.02 Brokers: Gilford Securities Inc Federal Agency Securities 3133X1HA8C 10897 3133X3C84C 10922 Ruffin Date: 03/09/2004 - 09:15. V Federal Home Loan Bank Federal Home Loan Bank Subtotal and Balance Brokers Subtotal - 16.078% 2,500,000.00 2,500,000.00 3.000 01/23/2004 3.125 01/30/2004 0.00 100,000.00 100,000.00 100,000.00 100,000.00 0.00 100,000.00 100,000.00 2,500,000.00 2,500,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f Page 2 co CUSIP Investment # Percent Issuer of Portfolio City of Nay' nal City Activit fort January 1, 2004 -January 31, 2004 Par Value Beginning Balance Current Transaction Rate Date Par Value Purchases Sales/Calls/Maturities or Deposits or Withdrawals Ending Balance Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10662 Sterling Bank & Trust, FSB 10923 BrancBanking Company 10924 Guernsey Bank 10925 First Cherokee State Bank 10926 Washington State Bank Subtotal and Balance 1,977,000.00 4.050 01/25/2004 2.655 01/23/2004 2.680 01/23/2004 2.800 01/26/2004 2.850 01/27/2004 0.00 99,000.00 99,000.00 99,000.00 99,000.00 396,000.00 99,000.00 0.00 0.00 0.00 0.00 99,000.00 2,274,000.00 Negotiable/Transferable CDs Subtotal and Balance 391,000.00 391,000.00 Pass Through Securities Subtotal and Balance Brokers Subtotal 17.139% 0.00 2,368,000.00. 396,000.00 99,000.00 0.00 2,685,000.00 Brokers: PaineWebber Inc Federal Agency Securities Subtotal and Balance Brokers Subtotal 3.859% 600,000.00 600,000.00 0.00 0.00 600,000.00 600,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10592 10594 10602 10693 10927 10928 10929 Run Date: 03/0912004 -09:15 Cumberland National Bank Bank of Jamestown Wauwatosa Savings Bank Hinsbrook Bank & Trust Jacksonville Bank Network Bank Main Street Bank Subtotal and Balance Brokers Subtotal 43.314% 6,735,000.00 6,735,000.00 5.250 5.250 5.150 4.050 2.860 2.700 2.700 01/02/2004 01/05/2004 01/20/2004 01/20/2004 01/05/2004 01/21/2004 01/30/2004 0.00 0.00 0.00 0.00 99,000.00 99,000.00 99,000.00 297,000.00 297,000.00 0.00 99,000.00 99,000.00 99,000.00 0.00 0.00 0.00 297,000.00 297,000.00 6,735,000.00 6,735,000.00 Portfolio CNC CC DA (PRF_OA) SymRept V5.02f CUSIP Percent Investment # Issuer of Portfolio City of '3>• nal City Activity Report January 1, 2004 • January 31, 2004 Par Value Par Value Beginning Current Transaction Balance Rate Date Purchases Sales/Calls/Maturities or Deposits or Withdrawals Ending Balance Page 3 Total 100.000% 15,741,832.68 a Date: 03/09/2004.09:15 CD 793,000.00 886,562.66 15,648,270.02 Portfolio CNC CC DA (PRF_DA) SyrnRept V5.02f FUND CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS JANUARY 31, 2004 FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 175 PETROLEUM VIOLATORS ESCROW 176 POLICE REIMBURSED OVERTIME 179 NPT BUS DONATIONS FUND 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 1303 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 200 30TH STREET CLEANUP FUND - 1304 203 PARK SECURITY/GTE LEASE 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 222 WOW MOBILE GRANT FY 2000-2001 229 CLEEP GRANT 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 234 EMPLOYEE COMPUTER PURCHASE FUND 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 242 N. CITY LIBRARY MATCHING FUND 247 LITERACY SERVICES 1 248 LITERACY INITIATIVES XII 249 PARADISE CREEK ENHANCEMENT PLAN ENDING BALANCE 4,556,157.05 971,732.41 336,325.82 1,437,366.37 48,000.00 93,312.00 162,292.96 88,080.17 475.52 9,212,735.57 248.11 235,937.75 509,090.88 11,205.97 3,501.51 83, 833.19 29,250.81 34,652.48 332,207.58 46,383.65 385,009.44 5,510.00 13,792.49 614.65 3,310,131.57 257,305.08 899,715.61 648, 288.10 75,000.00 12,736.95 616,710.05 28,000.00 26,246.44 105,260.73 95,130.87 17,052.63 11,725.51 4,532.09 15,918.96 6,529.75 3,006.04 5,431,147.46 52,576.20 55,237.49 710,000.00 P20 j CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS JANUARY 31, 2004 250 NEW FIRE STATION CONSTRUCTION 251 CLLS AMERICORPS LSTA GRANT I 253 RECREATIONAL ACTIVITIES FUND 255 LOCAL LAW ENF BLOCK GRANT FY2003-2004 259 LIBRARY BONDS DEBT SERVICE FUND 270 NUISANCE ABATEMENT FUND 303 CAPITAL FACILITIES FUND 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 343 STATE -LOCAL PARTNERSHIP 345 TRAFFIC CONGESTION RELIEF 363 SECURITY & FIRE ALARM REGULATION FUND 552 TDA 627 LIABILITY INS. FUND 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 633 UNEMPLOYMENT INSURANCE RESERVE 644 EQUIPMENT REPLACEMENT RESERVE 721 .LIBRARY TRUST FUND 725 PLANNING 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 727 BUILDING AND SAFETY T & A DEPOSITS UNPOSTED ITEMS( .3% variance immaterial) 6,485,315.89 94, 799.96 2,015.78 79,230.00 28,487.86 997.59 705,571.40 166,083.03 3,023,112.15 530,631.97 309,346.16 99,763.90 301,984.97 35,972.50 762,668.96 4,450,150.40 1,943,296.70 254, 742.58 136, 800.08 520, 000.00 46,819.32 3,345.00 100, 585.60 5,000.00 (150,267.76) TOTAL ALL FUNDS 50,916,421.95 -0.30% P21 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING FEBRUARY ' FUND # FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND )4 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 176 POLICE REIMBURSED OVERTIME 188 GRANT - HIDTA 190 30TH STREET CLEANUP FUND - 1303 191 STOP PROJECT 200 30TH S I REET CLEANUP FUND - 1304 201 NOPFA DEBT SERVICE FUND '08 SUPP.LAW ENFORCEMENT SVCS FUND (SLE 11 SECURITY AND ALARM REGULATION FUND 216 FULFILL GRANT 220 LOCAL LAW ENF. BLOCK GRANT FY2000-20 222 WOW MOBILE GRANT FY 2000-2001 225 ENGLISH LANGUAGE LITERACY INCENTIVE 227 CLLS MATCHING FUNDS 229 CLEEP GRANT 231 HOUSING PILOT PROGRAM 233 LOCAL LAW ENF. BLOCK GRANT FY2001-20 235 COPS IN SCHOOLS 236 FIRST PEOPLES GRANT 237 LEARN @ NCPL 238 VIDEOCONF.COMM. OF PRACTICE GRANT 239 LOCAL LAW ENF BLOCK GRANT FY2002-200 240 LITERACY INTIATIVES XI 242 N. CITY LIBRARY MATCHING FUND 246 WINGS GRANT 247 LITERACY SERVICES I 248 LITERACY INITIATIVES XII 250 NEW FIRE STATION CONS 1 RUCTION 251 CLLS AMERICORPS LSTA GRANT I 253 RECREATIONAL ACTIVITIES FUND 255 LOCAL LAW ENF BLOCK GRANT FY2003-200 259 LIBRARY BONDS DEBT SERVICE FUND 270 NUISANCE ABATEMENT FUND 302 CDC PAYMENTS 107 PROPOSITION A" FUND .)08 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 313 GRANT-CMAQ 316 CALIFORNIA ENERGY COMM GRANT 343 STATE -LOCAL PARTNERSHIP P22 FEBRUARY REVENUE YTD REVENUE 2,488,105.74 15,876,926.00 0.00 4,536.98 8,070.00 276,951.78 9,403.59 322,719.24 9,932.03 66,613.10 86,167.51 533,368.38 1,464.92 2,558.88 350.00 74,922.65 8,836.27 66,916.44 0.00 475.52 153,057.46 3,548,411.81 0.00 6,845.81 10,299.05 37,730.44 22,202.16 43,721.91 0.00 2,480.00 0.00 500.00 21,582.00 40,397.00 550.00 111,235.35 0.00 31,212.50 2,656.40 45,484.78 3,567.55 31,541.11 0.00 9,998.00 12,617.64 23,799.89 0.00 49,931.99 308.77 2,689.26 22,890.00 59,094.00 740.05 6,448.60 0.00 372,589.00 0.00 27,788.62 4,980.00 31,232.72 0.00 29,326.51 0.00 17,052.63 21,805.00 91,421.77 0.00 327.17 0.00 10,000.00 0.00 26,353.69 0.00 48,549.00 0.00 15,918.96 0.00 51,851.46 0.00 40,787.52 2,910.31 56,653.26 0.00 18,629.91 0.00 24,231.04 0.00 60,147.83 0.00 74.03 0.00 70,569.00 0.00 58,488.00 0.00 342,243.00 10,615.69 6,905,824.32 4,000.00 122,100.00 145.92 4,230.70 0.00 79,230.00 7,880.62 237,049.37 5,569.04 7,322.42 41,064.84 315,940.69 0.00 578,932.48 0.00 431,175.67 0.00 -2,513.95 0.00 150,507.00 0.00 8,320.00 0.00-802.58 FEBRUARY FUND # FUND TITLE REVENUE YTD REVENUE 552 TDA-105.75 755,508.45 626 FACILITIES MAINT FUND 0.00 217.58 627 LIABILITY INS. FUND 319,605.39 899,522.77 629 . INFORMATION SYS I EMS MAINTENANC 0.00 656.86 631 TELECOMMUNICATIONS REVOLVING 40.00 30,100.00 632 GENERAL ACCOUNTING SERVICES 0.00 24,100.00 721 LIBRARY TRUST FUND 0.00 79.87 TOTALS 3,281,312.20 33,219,248.19 P23 MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING FEBRUARY FUND NO. FUND TITLE 0,01 GENERAL FUND 4 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 111 P.O.S.T. FUND 113 CULTURAL ARTS FUND 120 PLAN CHECKING REVOLVING FUND 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 171 LIBRARY SCHOOL DISTRICT CNTRC1 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 196 CAPITAL PROJECT RESERVE 198 PROPERTY EVIDENCE SEIZURE 200 30TH STREET CLEANUP FUND -1304 ?01 NCJPFA DEBT SERVICE FUND )8 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 216 FULFILL GRANT 222 WOW MOBILE GRANT FY 2000-2001 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELL! 227 CLLS MATCHING FUNDS 229 CLEEP GRANT 230 ABANDONED VEHICLE ABATEMENT GRANT 231 HOUSING PILOT PROGRAM 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 246 WINGS GRANT 247 LITERACY SERVICES I 248 LITERACY INITIATIVES XII 250 NEW FIRE STATION CONSTRUCTION 251 CLLS AMERICORPS LSTA GRANT I 252 AMERICORPS/CNCS GRANT 253 RECREATIONAL ACTIVITIES FUND 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS -103 CAPITAL FACILITIES FUND 04 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY FEBRUARY YTD.FEBRUARY 1,504,956.77 64,012.89 45,857.48 2,513.27 45,499.91 0.00 10,269.49 0.00 9,075.65 1,212,210.58 0.00 0.00 6,394.16 135.74 2,295.42 14,755.89 3,616.55 2,783.92 5,842.19 3,620.16 6,409.10 8,930.67 1,777.94 9,019.45 0.00 0.00 0.00 79.20 0.00 0.00 3,273.23 74,478.17 0.00 4,939.63 195.07 0.00 0.00 5,649.21 6,127.80 0.00 4,368.17 0.00 0.00 0.00 140,633.85 -131,509.85 48,128.16 4,469.68 166,795.76 142,739.66 15,461.45 69,656.60 100.21 4,816.13 23,373.57 54,783.12 3,000.00 0.00 163,568.13 843.09 0.00 12,801,846.95 568,609.79 418,200.28 2,513.27 397,594.75 1,062.50 28,502.34 1,688.00 9,075.65 3,984,522.76 10,668.12 13,507.62 55,771.56 1,174.24 2,295.42 61,437.33 28,904.68 9,466.87 49,746.60 29,964.20 55,744.60 78,394.44 26,776.14 65,678.14 30,000.00 21,632.09 861.99 577.95 372,522.40 1,542.18 26,935.99 478,959.91 29,326.51 61,187.77 7,602.97 132.55 21,821.60 59,713.67 50,612.19 40,768.89 68,552.05 18,625.30 21,225.00 64,543.19 303,068.25 163,206.95 259,383.26 10,381.48 453,801.27 552,632.40 38,761.49 127,028.87 2,843.89 10,677.37 387,655.13 350,152.11 6,000.00 5,014.08 872,962.83 10,043.95 8,248.33 P24 FUND NO, FUND TITLE FEBRUARY YTD.FEBRUARY 313 GRANT-CMAQ 0.00 96,360.33 343 STATE -LOCAL PARTNERSHIP 0.00 1,240.68 345 TRAFFIC CONGESTION RELIEF 9,453.43 201,112.57 348 STATE GRANT 2,831.17 11,026.98 552 TDA 198,027.27 1,551,478.57 626 FACILITIES MAINT FUND 81,105.89 856,109.39 627 LIABILITY INS. FUND 66,157.65 1,072,438.27 628 GENERAL SERVICES FUND 11,432.09 132,047.23 629 INFORMATION SYSTEMS MAINTENANC 69,085A8 252,165.24 630 OFFICE EQUIPMENT DEPRECIATION 10,101.29 123,727.69 631 TELECOMMUNICATIONS REVOLVING 28,293.03 188,846.11 632 GENERAL ACCOUNTING SERVICES 46,033.15 345,401.22 633 UNEMPLOYMENT INSURANCE RESERVE 9,022.00 20,933.92 643 MOTOR VEHICLE SVC FUND 59,195.72 465,573.21 TOTAL ALL FUNDS 4,356,685.44 28,960,613.52 P25 City of National City Pooled Investment Transactions Report For the Month of January 2004 Date Description Institution Ref. No. Amount Beginning Balance 26,637,879.41 01/07/04 Deposit LAIF 778370 700,000.00 01/15/04 Deposit LAIF 575762 1,300,000.00 01/15/04 AQRD LAIF 100,138.41 01/22/04 Deposit LAIF 742400 1,000,000.00 01/29/04 Withdrawal LAIF 224993 (700,000.00) 01/30/04 Withdrawal LAIF 428790 (300,000.00) Ending Balance 28,738,017.82 P26 Page 1 AEETING DATEMay 18,.2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 15 ITEM TITLE CLAIM FOR DAMAGES: Alejandro Galeana PREPARED BY Michael R. Dalla, CM(iEPARTMENT City Clerk EXPLANATION The claim of Alejandro Galeana arises from an occurrence on November 14, 2003, and was filed in the City Clerk's Office on April 7, 2004 Environmental Review Financial Statement N/A X N/A STAFF RECOMMENDATION Approved BY: Finance Director Account No. Deny the claim, and refer to the City Attorney. OARD; COMMISSION RECOMMENDATION N/A ATTACHMENTS N/A Resolution No. A-200 (9.99) City of National City, California COUNCIL AGENDA STATE ENT IEETING DATE May 18, 200416 Y AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Marfelix Arceta PREPARED BY Michael R. Dalla, CMCD4ARTMENT EXPLANATION City Clerk The claim of Marfelix Arceta arises from an occurrence on November 14, 2003, and was filed in the City Clerk's Office on April 7, 2004 CEnvironmental Review . N/A FinanclaI Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS. f Listed Below N/A Approved By Finance Director Account No. Resolution No. A -too (9,99) IEETING DATEMay 18, 2004 City of National City, California COUNCIL AGENDA STATE ENT AGENDA ITEM NO. 17 ITEM TITLE CLAIM FOR DAMAGES: Juana Flores PREPARED BY Michael R. Dalla, CMPARTMENT City Clerk EXPLANATION The claim of Juana Flores arises from an occurrence on November 14, 2003, and was filed in the City Clerk's Office on April 7, 2004 Environmental Reviews N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COM ISSION RECOMMENDATION N/A ATTACHMENTS r! h.ted Below N/A A-200 (9, Approved BY: Finance Director Account No. Resolution No, City of National City, California COUNCIL AGENDA STATE ENT .FETING DATE May 18, 2004 AGENDA ITEM NO. 18 ITEM TITLE CLAIM FOR DAMAGES: Giovanni Flores PREPARED BY Michael R. Dalla, CM .' ARTMENT City Clerk EXPLANATION The claim of Giovanni Flores arises from an occurrence on November 14, 2003, and was filed in the City Clerk's Office on April 7, 2004 Environmental Rev Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney.. Approved By: Finance Director Account No, BOARD T COMMISSION RECOMMENDATION N/A ATTACHMENTS t Listed Below } Resolution N,. N/A Fl-200 (9(99) AEETING DATEMay 18, 2004 City of National City, CaWornia COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 19 ITEM TITLE CLAIM FOR DAMAGES: Antonio Flores PREPARED BY Michael R. Dalla, CM(bARTMENT City Clerk EXPLANATION The claim of Antonio Flores arises from an occurrence on November 14, 2003, and was filed in the City Clerk's Office on April 7, 2004 Environmental Review Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. NIA BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Q Listed Below N/A A -too (99a) Approved BY: Finance Director Account No. Resolution No. IEETING DATE May 18, 2004 City of National City, Califo!r COUNCIL AGENDA STATE ENT AGENDA ITEM NO. 20 ITEM TITLE CLAIM FOR DAMAGES: Abigail Flores PREPARED BY Michael R. Dalla, CM firs ARTMENT City Clerk EXPLANATION The claim of Abigail Flores arises from an occurrence on November 14, 2003, and was filed in the City Clerk's Office on April 7, 2004 Environmental Revievw N/A Financial Statement N/A STAFF RECOMMENDATION Approved Bye Finance Director Account No. Deny the claim, and refer to the City Attorney. BOARD / COMMISSlO RECOMMENDATION N/A ATTACHMENTS dated Re -kw N/A A-200 (999) Reso utiotf METING DATE ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 21 CLAIM FOR DAMAGES: Fructuoso and Candalaria Claracay PREPARED BY Michael R. Dalla, CM ARTMENT City Clerk EXPLANATION The claim of Fructuoso and Candalaria arises from an occurrence on August 3, 2004, and was filed in the City Clerk's Office on April 22, 2004 Environmental Review NIA Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account Now Deny the claim, and refer to the City Attorney. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Below N/A Resolution No. A-200 (9. 99) ITEM #22 5/18/04 City Manager's Office Memo To: Mayor and City Council From: Chris Zapata, City Manager Date: April 19, 2004 Re: COMPREHENSIVE PUBLIC SAFETY STRATEGY DISCUSSION Background At the March 13 City Council Planning Retreat, Public Safety was identified as your top priority. Considering existing public safety needs and the rapid pace of development in National City, I have created a team to develop public safety recommendations and strategies for your review. Discussion National City is centered in an urban area of 5 million residents with many visitors and a transient population. This along with our proximity to downtown San Diego, major freeways, trolley stops and military presence creates many challenges with respect to public safety. New development such as the Education Center will bring many new students and opportunities. The flip side is demand for services will increase and existing traffic and public safety infrastructure will be stretched. National City has the highest violent crime rate per 1,000 population when compared to other cities in the county. With property crime, National City ranks second behind Del Mar. Third is the City of El Cajon. Regarding the Fire Service, 75% of all service requests are emergency medical calls. Traffic and congestion is a problem today and will worsen. The ability to proactively address these issues is our goal. With ongoing public safety needs and rapid development occurring, a comprehensive approach is necessary. Residents, businesses, visitors, the environment and motorists are impacted daily. Staff suggests the following key areas be considered: 1) Additional Facilities Third Fire Station Second Police Substation H:\CM Chron\Public Safety Strategy Discussion.doc 1 ► Police Storefront Operation/Plaza Bonita Mall ► Police Storefront Operation/Highland Avenue ► Targeted Street Lighting/High Crime Area 2) Advanced Technology/Equipment ► Corridor Surveillance Cameras ► Mobile Speed Indicators ► Red Light Cameras ► BAIT Cars Auto Theft 3) Expanded Programs ► Language and Diversity Training ► Officers in Schools Program ► Advanced Life Safety Capability — Paramedic Service ► Take Home Cars for Officers Living in National City ► Housing Incentive Program, i.e., low interest loans for public safety personnel to encourage residency ► Safe Routes to and from Schools ► Bike Patrol ► Park Security ► Neighborhood Speed Humps ► Enhanced Youth Involvement Programs - Police Cadets, Jr. Paramedic 4) Additional Personnel ► Advanced Life Saving/Paramedic Service ► Additional Police Personnel (clerical and support staff) ► Additional Fire Personnel for Third Station H:\CM Chron\Public Safety Strategy Discussion.doc 2 ► Traffic Safety and Traffic Planning ► Technology/GIS/Crime Mapping ► Environmental Engineer Summary Benefits of these improvements will be better response times, advanced life safety capabilities, community presence and a more livable city for residents, business, visitors and investors. Public and private investment is creating opportunity, growth and challenges. Incrementally addressing public safety through addition of officers is the model manycities follow. However, public safety involves many areas from response times to environmental property protection. Staff is recommending the City Council consider making dramatic improvement to public safety in National City. A comprehensive program that involves facilities, varied locations,. programs, technology, partnerships as well as personnel will accomplish this. Recommendation Direct staff to: (1) Proceed with recommendations to improve public safety, develop associated one-time and ongoing costs, examine potential locations, and identify benefits and benchmarks as well as potential funding mechanisms. (2) Develop a communication strategy and forum(s) that provides for public and stakeholder discussion and input on this community matter. H:\CM Chron\Public Safety Strategy Discussion.doc S`t'AFF RECOMMENDATION City of National City, California COUNCIL AGENDA STATEMENT May 18, 2004 „4EETING DATE *Refer to Item #27 AGENDA ITEM NO. 23 ITEM TITLE PREPARED BY EXPLANATION Hold Public Hearing Regarding Appropriation of FY 2003/2004 Supplemental Law Enforcement Services Fund. Lt. Keith Fifield 336-4543 Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the State COPS program, the City of National City was allocated $100,000 as its share for fiscal year 2003/2004. These funds must be expended or encumbered by June 30, 2005, or be remitted to the State Controller for deposit into the General Fund. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. (Continued on page 2) Environmental Review A (-Financial Statement There is no local match required for these funds. There will be no impact to the General Fund. MIS tevtral vt); `J Approved By Finance Direc Account No. SLESF FY 2003-2004 #208-411-304-248-0000 Hold Public Hearing Acct. Numbers #208-411-304-306-0000 # 208-411-304-316-0000 t BOARD / COMMISSION RECOMMENDATION N/A ATTACENTS Below # 208-411-304-355-0000 # 208-411-304-357-0000 Resolution No. A: Pistol Replacement Staff Report B: Proposed Sergeant Office Drawing _ei Council Agenda Statement Hold Public Hearing Regarding Appropriation of FY 2003/2004 Supplemental Law Enforcement Services Fund. Page 2 Explanation (Continued) In prior years, the County Auditor & Controller transferred the funds to the cities without first involving the Supplemental Law Enforcement Oversight Committee (SLEOC). As of last year, the statute requires the SLEOC to certify receipt of an approved expenditure plan from the governing board of that agency, in this case either the Board of Supervisors or the City Councils. After the SLEOC approves the expenditure plan the funds will be transferred to the City. Proposal The National City Police Department and Acting Chief Pauu are therefore submitting a request that the City Council appropriate FY 2003/2004 Supplemental Law Enforcement Services Fund monies per the below requested proposals qnd request a resolution authorizing the expenditures. This year the Police Department requests authorization to fund two projects that Were identified as front line needs within the Police Department that could not otherwise be funded. The first project proposal is the replacement of the Department issued service pistoL In 2003 Lt. Gary Clark prepared a detailed replacement study and staff report regarding the replacement of the current service pistols. The report is attached for review. In 1987 the Department began to transition from revolvers to semi -automatic pistols. The pistol purchased and issued to officers was the 9mm Smith & Wesson Model 5904. The expected service life for these pistols is ten years, which was surpassed in 1999. Our current inventory of pistols includes many that are no longer serviceable. Lt. Clark's report concluded that the Glock 35 and Glock 27 pistols were the best selection to replace our Smith & Wesson 5904 pistols. The current pistols are no longer suitable for police use and they should be replaced as soon as possible before a catastrophic failure of one of the pistols results in the injury or death to an officer or a citizen. This is a large expenditure that would severely impact the general fund since it is not a budgeted item, especially when considering the current budget crisis in California. By utilizing SLESF funds we can meet this pressing safety equipment need without impacting already limited public safety budgets while fulfilling the SLESF requirement to fund front line police services, which include personnel, equipment and programs. The estimated cost to replace our current pistols with the Glock 35 and Glock 27 pistols including all accessories and web gear is $58,500. This price is also based on a $17,550 credit for trading in 90 of the S&W 5904 pistols at a rate of $195.00 each. The second project proposal is the installation and purchase of eight new workstations in the patrol sergeant workspace. The sergeant's office currently consists of four desks, four phones and three computers. The desks only allow for one person to occupy them at a time, the computers are aging and barely adequate, and storage space for files and equipment is at its limit. Eight sergeants assigned to the patrol division share this workspace that, as currently designed, is ..adequate for four. (Continued on page 3). Council Agenda Statement Hold Public Hearing Regarding Appropriation of FY 2003/2004 Supplemental Law Enforcement Services Fund. Page 3 The sergeants as a group identified their work area as inadequate for their needs and requested that the office be updated to include eight separate workstations, each station with a desktop computer and a phone. Sergeants are the backbone of the organization and run the 24-hour front line operations of the police department. Their workload and level of responsibilities is very high and with the way their workspace currently functions they often must wait for other sergeants to vacate the workspace to conduct business. After the sergeants made the request to update their workspace, patrol staff committed to identifying a funding source to complete the project. As we were identifying needs of the department to allocate SLESF funds, and after clearly identifying the need to replace the service pistols as the first priority, it became apparent that updating the sergeant's workspace would fit the purposes of SLESF and cost the balance of the SLESF funds. The police department staff views updating the sergeant's office as a priority that will allow our front line supervisors to provide excellent service to the citizens by modernizing their workspace. Again, given the current status of the State budget crisis this type of project would not be considered through the normal budget process and we see the use of SLESF monies as an opportunity to provide an updated modern workspace to our supervisors that we would otherwise not be in a position to provide. The estimated cost of updating the sergeant's workspace with eight workstations, eight desktop computers, four additional phones, four additional office chairs, two digital audio recorders and wireless network hardware is $41,500. Listed on page four is the requested expenditure budget with account numbers. All amounts include budget for tax and shipping charges and are rounded up for possible cost increases in the purchasing process. See page four. Sole Source Request Sole Source purchasing is requested for several items on this proposal because of City contracts and MOP's that currently exist to purchase these products. Listed below are the items and vendors requested for sole source purchasing. Item: Desktop Computers Vendor: Dell Workstations and Cabinets Parron Hall (Kimball's Competitive Discount Agreement #6529). Big and Tall Office Chairs Haworth/San Diego Office Interior (US Community Contract) Wireless Access Point And LAN Cards Wiring and Phones MOP Vendors Nexus Integrators (formerly Expanet of California) Council Agenda Statement Hold Public Hearing Regarding Appropriation of FY 2003/2004 Supplemental Law Enforcement Services Fund. Page 4 Expenditures Item: (8) Dell Desktop Computers w/nvonitors accessories and software (8) Workstations & File Cabinets installation and labor (4) Big & Tall Desk Chairs w/arms (4) Telephones and Line Drops (8) Wireless LAN Cards & (1) Wireless Access Point (2) PUMA Police Special Digital Audio Recorders w/accessories and Software (95) Glock 35 Pistols (25) Glock 27 Pistols including all accessories, web gear and $17,500 credit for 90 used S&W 5904 Pistols Cost: $16,000 $19,000 $3,000 $600 $800 $2,100 $58,500 Total = $100,000 Acct. No. 208-411-304-355-0000 208-411-304-357-0000 208-411-304-357-0000 208-411-304-248-0000 208-411-304-306-0000 208-411-304-355-0000 208-411-304-316-0000 ,41rAe I e r: A NATIONAL CITY POLICE DEPARTMENT Staff Report Project Plan For: Replacement of the Department Issued Smith & Wesson Model 5904 January 12, 2003 Prepared By: Lt. Gary K. Clark BACKGROUND: The currently issued Department Service Pistol is the Smith & Wesson Model 5904. The Smith & Wesson Model 5904 is a 9mm semi -automatic pistol. These pistols were purchased in 1987 when the Department transitioned from revolvers to semi -automatic pistols. The Range Staff did not recommend the Smith & Wesson Model 5904. The 5904 has a finish that was known to corrode and adjustable sights, which are difficult to maintain, and not needed for a Department issued firearm. The Range Staff had recommended a Smith & Wesson model with fixed sights in stainless steel or the Glock 17. At the time of transition, the Department chose a 9mm pistol based on an FBI study that suggested the 9mm round was superior. At the same time, nationwide, most police departments adopted the 9mm as their standard caliber firearm. Unfortunately, within one year of that 1987 FBI study, the FBI acknowledged it had erred and began transition _ to .40 caliber pistols. Many Departments (like NCPD) were unable to finance an immediate change to larger caliber pistols such as a .40 or .45 caliber. The 9mm was not considered the best available round for Law Enforcement, but was acceptable. Since 1987, the FBI has conducted more extensive research into ammunition ballistics and publishes the results every five years. The most current study was published in 1997. The FBI no longer suggests what caliber or ammunition may be the best for Law Enforcement use, it merely provides guidance in setting some minimum recommendations. The expected ten-year service life for the Department issued Smith & Wesson Model 5904 pistols has been surpassed. Our current inventory of pistols includes many that are no longer serviceable. At the time we purchased the Smith & Wesson pistols, Smith & Wesson had factory authorized service representatives throughout the country. Smith & Wesson no longer provides service for their weapons except for repair at the factory or sending officers to their factory gunsmith class. I do not recommend that officers be trained to be gunsmiths for our currently owned, complicated pistols. This makes it a costly and time consunvng endeavor to repair weapons. It is therefore recommended that the Department replace the worn out Smith & Wesson pistols during the 2003/2004-budget year. In doing so, I recommend changing to a .40 Caliber Pistol. i DEPARTMENT ISSUED PISTOL SPECWICATION PROCESS: In determining what would be best for replacing the current Smith & Wesson pistols, the Range Staff needed to create minimum specifications The first step in this process was to determine what information was needed to assist in the evaluation of currently available model pistols and ammunition. Range Staff Officers obtained the following information: • Gunsmith Inspection of NCPD Current Pistols. • NCPD Range Staff Recommendations. • NCPD Survey. • San Diego County Law Enforcement Ammunition & Issued Pistol Information. • FBI Ballistics Study. • Tacoma Washington Police Department Pistol Study information. • Pistol Prices, • NCPD Test Fire; Glock Pistols. The following are the results of the information obtained: 2 GUNSMITH INSPECTION OF NCPD CURRENT PISTOLS: Senior Officer Don Smith took (7) NCPD Smith & Wesson 5904s to be inspected. These pistols were selected at random. The pistols were inspected by Hugo Alvarez, Manager; Duncan's Gunworks, Inc, San Marcos California. Instructions were given to Mr. Alvarez to evaluate the pistols and determine if they were in a condition compatible with Police Service. Specific areas of inspection that needed to be checked included: • Frame & Slide wear. • Barrel wear. • Spring tensions (recoil, extractor, magazine). • Sear wear. • Extractor conditions, and; • General condition. All inspected pistols were test fired, disassembled and checked for broken parts and wear. Mr. Alvarez determined that 1.00% of the inspected pistols were NOT suitable for police service. All would be fine for training, but all showed medium to high usage wear and four were identified to have immediate repair needs. If we were to continue service of the Smith & Wesson 5904s in stock, I would suggest all be sent to the Smith & Wesson factory for evaluation and repair. I suspect that the cost of such work would outweigh the value of the weapons. NCPD RANGE STAFF RECOMMENDATIONSk The first step in this process was sending out a survey to all Range Staff officers. Once the surveys were in, a meeting was scheduled. On November 6th, 2002, the Range Staff met to consider specific recommendations. The Range Staff agreed upon the following minimum specifications: • The pistol magazines should have no less than ten rounds. • The pistol should be easy to use and train with. • The pistol should be easy to maintain by the officer. • The pistol should have night sights. • The pistol should have an incorporatedaccessory rail. • The pistol material should be resistant to wear. • The pistol should have an excellent warranty. • The pistol should be capable of being serviced "in-house". • The caliber should be either a .40 or .45 caliber. • As much as possible, the pistol should have a grip size that will conform to the majority of the officers on the Department. • The pistol should be extremely reliable. • The pistol should have a consistent trigger pull of a minimum 4.5 lbs, to a maximum 5.5 lbs. • The pistol should not be a "Browning" design. • The manufacturer should have extensive experience in Law Enforcement pistols. • The pistol should be reasonably priced. After two hours of discussion, it was unanimously felt that there was only one firearms manufacturer that could meet the minimum specifications agreed upon. Range Staff recommended the purchase of a Glock pistol for replacement of the Smith & Wesson Model 5904. Since the FBI Ballistics Report had not yet been received, the caliber was not agreed upon at this meeting. However, all Range Staff felt that the selection of another 9mm pistol would not be acceptable. It was felt that a Glock pistol was the best choice for the following reasons; • Reliability. (Glock extensively tested its pistols. Glock test fired over 700,000 rounds through a pistol and simply stopped testing, since further testing would be senseless.) • Reputation. (Several Armies throughout the world, including Austria and Norway, as well as fifty percent of the United States Law Enforcement community are currently using Glock pistols. In 1999 Glock manufactured its two -millionth pistol.) • Ease of use and training. (Glock's safety system eliminates the need to additional training and the trigger pull is the same for every shot.) • Ease of general maintenance. (Glock pistols have less moving parts than others and are easy to break down and clean.) 4 • Ability to train all Range Staff to repair "in-house". (Glock is the only manufacturer that builds a pistol where parts are completely interchangeable, without having to gunsmith replacement parts. The Armorer's course is a one - day course that currently costs $85.00 per student. The course is routinely offered locally. The number of tools needed to repair a Glock pistol is ONE. In contrast, to qualify an officer as an Armorer for Smith & Wesson pistols the course is several days at their factory and an extensive/expensive tool kit is required.) • Ability to obtain replacement parts. (Our experience with Glock indicates about a three-day wait for parts, in comparison to two to six weeks with other manufacturers.) • Glock's "government " warranty is 40,000 rounds (This is generally accepted to be a guns barrel life. This would roughly equal a thirty plus year warranty at the present ammunition use rate by our officers. Compared to most manufacturers one-year warranty.) • Glock pistols have the highest magazine capacity available, compared to similar caliber pistols. • The finish on the Glock pistols is rated on the Rockwell scale one level below diamonds. (Staff experience indicates it has the most durable finish experienced on pistols to date. Including aftermarket finishes.) It was determined that the caliber selection should be based on the following two principles: 1. What caliber best meets the needs for defensive firepower, and; 2. What caliber is easiest to control by the average police officer, taking into consideration the recoil and grip size? 5 NCPD SURVEY: To get an idea of what firearms are popular among the rank and file officer for the National City Police Department, I obtained information from the last qualification shoot (Summer 2002). This determined what pistols NCPD officers are currently carrying. The following is the result of that study: Currently carrying: Manufacturer Pistol Caliber Number of Officers Colt 1911 style .45 6 Kimber 1911 style .45 2 Para -Ordinance 1911 style .45 1 Springfield 1911 style .45 1 HK USP40 .40 2 HK USP45 .45 3 Sig Sauer P226 9mrn 3 Sig Sauer P229 .40 2 Sig Sauer P220 .45 5 Berretta 92 9mm 3 Berretta 96 .40 2 Smith & Wesson 5904 9mm 12 Smith & Wesson 4506 .45 1 Glock 17 9mm 7 Glock 22 .40 12 Glock 23 .40 6 Glock 21 .45 11 Glock 36 .45 1 (Note: This information does not reflect officers that did not attend the last firearms qualification shoot.) These statistics indicate that out of the (80) listed officers who qualified during the last qualification shoot: • 46.25% are carrying Glock pistols. • 15.00% are carrying the Department issued Model 5904. • The most popular caliber carried is the .45 caliber, being carried by 38.75% of the officers compared to 30.00% carrying the .40 caliber and 31.25% carrying the 9mm ammunition. 6 SAN DIEGO COUNTY LAW ENFORCEMENT AMMUNITION & ISSUED PISTOL INFORMATION: Sgt. William Strasen surveyed Police Departments within San Diego County to determine what pistol they issue and what caliber. He also found that Chula Vista P.D. is the only Department found out of those surveyed that mandates carrying of the issued Department firearm. All of the other agencies responding allowed options for officers to carry pistols purchased by the officers. However, all Departments surveyed required the officer's optionally purchased pistol to be of the same caliber as the Department issued pistol. The results of Sgt. Strasen's survey is: AGENCY PISTOL CALIBER Chula Vista P.D. San Diego P.D. Carlsbad P.D. Coronado P.D. El Cajon P.D. La Mesa P.D. San Diego S.D. Escondido P.D. Sig Sauer P-226 S&W 5906 Berretta Cougar Glock 22 Glock 22 Glock 22 Glock 22 Sig Sauer P-226 9 mm 9 mm .40 caliber .40 caliber .40 caliber .40 caliber .40 caliber 9 mm (Note: Escondido P.D. is in the process of purchasing Glock Model 35s.) Oceanside P.D. Did not respond to our inquiry. (Although not surveyed, the California Highway Patrol, FBI, and the San Diego County D.A.'s Office use the .40 caliber round. NYPD and U.S. Customs issue Glock pistols.) 7 FBI BALLISTICS STUDY: On December 2, 2002, Charles Willkomm forwarded his range staff report concerning the current FBI Ballistics study. The study (in it's most basic form) suggests that ammunition selection should be based on the size of the projectile (including weight retention) and the penetration capability of the round. It is recommended that a bullet consistently penetrate 12 inches or more and have retained nearly all its weight after striking the object. It also dictates that the larger the bullet, the more damage it will' inflict and therefore be more likely to cause quick incapacitation. All three of the currently issued NCPD pistol rounds meet the minimum recommendations suggested by the FBI for penetration and weight retention. The Range Staff felt that either a .40 or .45 caliber pistol would be acceptable for replacement of the 9mm. Both are large, heavy bullets. The .40 caliber issued by NCPD has a much better penetration capability than. the .45 caliber, but .is known to be less controllable due to a sharper recoil. The .45 caliber produces a "softer" recoil due to the round being slower. Since all Range Staff felt that a Giock pistol would be preferable, we invited a Giock representative to NCPD to have several non -range staff officers test fire a variety of pistols and calibers. This "survey" would act as a basis to determine the controllability of the .40 caliber vs. .45 caliber in Giock pistols. Twenty -Four non -Range Staff Officers shot various Giock pistols. Seventeen survey forms were turned in for the Giock Model 35 and Twenty -One survey forms for the Model 21. Several Range Staff Officers were present during the shoot to make inquires of officers concerning controllability and handling. The written and verbal "survey" indicated the Giock 35 (a .40 caliber pistol) with its longer barrel length had about the same recoil as the Giock 21 (.45 caliber pistol). The "survey" also concluded that the grip size of the Giock 35 was smaller than the Giock 21. The Giock 35 would therefore accommodate more officers' hand sizes than the larger gripped Giock 21. Based on the FBI Ballistics study and the in-house Giock "survey" shoot, I recommend that if the Department replaces the Smith & Wesson 5904, we change to the .40 caliber Giock 35 pistol, as the primary issued handgun for the National City Police Department uniformed officer use. However, the Giock 35 is a long pistol. The slide length is 8.15 inches long. This would make it difficult to carry concealed. I therefore recommend the Department purchase the Giock 27 for plain -clothes officers. The Giock 27 is essentially a compact version of the Giock 35 and other .40 caliber Giock pistols. Magazines from the Giock 35 can be used in the Giock 27, yet with the standard Giock 27 magazine, this pistol is very concealable and can be carried in an ankle holster comfortably. Plain -clothed officers would carry the Giock 27 during the time 8 they are assigned a primary assignment involving plain -clothes work. When in a uniformed assignment, the Glock 35 would be carried. Since the magazines for the Giock 35 fit the Giock 27, there would be no need to purchase extra Giock 27 magazines. TACOMA WASHINGTON PONCE DEPARTMENT PISTOL STUDY: Lieutenant Ray Allen obtained information from Sergeant Jenkins, Tacoma Washington Police Department, concerning extensive testing they conducted to determine what pistol Tacoma P.D would issue. Although we are waiting for the written report from Tacoma P.D., Lt. Allen discussed their study and results by telephone. (Lt. Allen has had to formally request the study materials in writing. This has caused a significant delay in receiving the information.) Tacoma Police Department studied various pistols. In particular they looked at the ergonomics of the pistol grips and how well officers liked shooting the various pistols.. The result of their study led them to approve a choice between the Kimber .45 caliber or Glock 22 or 23 pistols (both Glocks are .40 caliber). The Kimber .45 caliber is based on the `Browning" automatic design. It is a cocked and locked .45 caliber pistol. The range staff does not feel this type of pistol would be a wise selection for a Department issued pistol. (The Kimber .45 also costs about $1,000.00 per pistol). The Glock 22 and 23 have the same grip size as the Glock 35. They are essentially the same gun as the Glock 35, with shorter barrels. The Glock 35 uses the Glock 22 frame, but has a longer barrel, making the recoil less aggressive. 10 PISTOL PRICES: Sergeant Murray obtained prices for various pistols from two local firearms dealers. Neither of these dealers is a Law Enforcement dealer for Giock pistols; therefore no information was obtained from these dealers on Glock prices. However, the Giock representative (Paul Pechner) did informally advise Range Staff that the expected cost per firearm would be around $500.00. Giock also offers a buy back program, where our Smith & Wesson pistols could be sold back to Giock. Sgt. Murray obtained the following prices: San Diego Police Equipment Beretta 8045F Cougar No night sights available Extra magazine, 8 rds. HK USP45 Night sights Extra magazine, 12 rds. Ruger KP97DAO Night sights Extra magazine, 8 rds. Ruger KP9OD Night sights Extra magazine, 7 rds Smith & Wesson 4586TSW Night sights Extra magazine, 8 rds. Smith & Wesson 4583TSW Night si • hts Extra magazine, 8 rds. $639.00 112.00 38.00 $789.00 $770.00 150.00 55.00 $975.00 $430.00 112.00 25.00 $567.00 $419.00 112.00 25.00 $556.00 $730.00 105.00 38.00 $873.00 $719.00 112.00 38.00 $869,00 American Shooting Center Beretta 8045F Cougar Night Sights Extra magazine, 8 rds. HK USP45 Night sights Extra magazine, 12 rds. Ruger KP9DA0 Night sights Extra magazine, 8 rds. Ruger KP9OD Night sights Extra magazine, 7 rds. Smith & Wesson 4586TSW Night sights Extra magazine, 8 rds. Smith & Wesson 4583 TSW Night sights Extra magazine, 8 rds. $764.00 150.00 50.00 $964.00 $827.00 150.00 50.00 $1027.00 $495.00 150.00 50.00 $695.00 $539.00 150.00 50.00 $739.00 $942.00 150.00 40.00 $1132.00 $921.00 150.00 40.00 $1111.00 Of the weapons priced, only the HK USP45 met the minimum specifications the range staff suggests for a Department issued firearm The HK USP45 would be nearly double the price of a Giock pistol. 11 NCPD TEST FIRE; GLOCK PISTOLS;, On November 21, 2002, Paul Pechner presented several (Mock pistols at NCPD for testing. Officers were allowed to shoot as many rounds as they wished through a variety of models and calibers. Officers were asked to evaluate each firearm they test fired. Ninety evaluations forms were subsequently turned in to Range Staff Sgt. John Murray collected and evaluated the officer's input. Sgt Murray found, of the full sized Glock pistols fired, most officers preferred either the Model 21 (.45 caliber) or the Model 35 (.40 caliber). The Mode135 (developed in 1997) was found to be a surprise during the test firing. The Model 35 has nearly the same recoil as the Model 21, yet was being shot more accurately by officers. It had been expected that the Model 21 would be more accurate due to reduced recoil involving the .45 caliber round. However the Model 35 has a longer barrel and therefore a longer sight radius and better balance. This results in better accuracy in the same way that a six-inch revolver is more accurate than a four -inch revolver. The Model 35 also has a smaller grip size and would accommodate the majority of the officers on the Department. The large grip size of the Model 21 could cause problems with a number of officers that have smaller hands. The following are the basic specifications of the Glock 35: Caliber Action Slide Length Height Width Sight Radius Barrel Length Magazine Capacity Number of Safeties Trigger Pull .40 Safe Action System 8.15 in. 5.43 in. 1.18 in. 7.56in. 5.32in. (15) Standard Law Enforcement magazine 3 4.5 lbs. The following is the basic specifications of the Glock 27: Caliber Action Slide Length Height Width Sight Radius Barrel Length Magazine Capacity Number of Safeties Trigger Pull .40 Safe Action System 6.29 in. 4.17 in. 1.18 in. 5.67 in. 3.46 in. 9 (Standard magazine) 3 4.5 lbs. 12 OPINIONS AND CONCLUSIONS: There is no doubt that the replacement of the Department issued Smith & Wesson pistols is a costly suggestion. My reason for making this proposal is primarily citizen and officer safety. Continued use of firearms that have passed the expected service life is a liability to the citizens, officers and the City. There will be persons that will disagree with the make and model selection. In fact, many Range Officers would prefer to carry other designs, including Heckler & Koch and various "Browning" design firearms. However, all Range Staff Officers agreed that the purchase of a replacement pistol should be based on what is best for the Department and not the individual. Yet individual desires must be taken into account or morale may be severely affected. By studying the FBI Ballistic information, taking into account the Tacoma Washington P.D. study, the San Diego County Community Standards reflected by the survey of San Diego County Law Enforcement Agencies, obtaining input from the Range Staff and Officers throughout the Department, I feel the best selection of pistol for the National City Police Department uniformed service is the Glock 35. For plain clothed officers I recommend the Glock 27 for it's conceal ability. 13 OPERATING PgOC DURE SUGGESTIONS: Should the Department replace the Smith & Wesson Model 5904 it is my recommendation that the Department Operating Procedure be changed. The National City. Police Department has always allowed officers to optionally purchase their own weapon and carry it. I agree with this for the following reason: • No single pistol will satisfy every shooter's grip or desire. • This is the Community Standard in San Diego County. I disagree with this procedure for the following reasons: • Having all officers carry magazines that can be used by other officers in an emergency is a legitimate officer safety consideration. • Having officers' carry and train with firearms of the same caliber makes it easier to purchase ammunition. • Having officers carry pistols with interchangeable parts allows for quicker repair should a gun break. • Having all officers carry the same pistol type, allows issuing a replacement pistol the officer is already familiar with, if needed. • Having all officers carry the same pistol type reduces training time. Currently, most officers carry their own pistol. Officers have invested a lot of their own money into their firearms. I believe the Police Department needs to move toward limiting training ammunition purchase problems associated with officers carrying such a variety of firearms. The range staff agrees the Department needs to move away from having so many different firearms carried by officers, while acknowledging the feelings many have toward carrying firearms they select themselves. I believe a compromise is needed. My suggestion to changing the Operating Procedure is the following: I suggest that with the purchase of Glock pistols, officers that were hired prior to the date of purchase be allowed to select an optional firearm, from the current listed firearms, at their own cost, to carry as their primary service pistol. Officers hired after the date of purchase must carry the Department issued pistol as their primary service pistol. Furthermore, officers hired before the purchase should no longer be allowed to switch from one optional primary service pistol to another. The selection of an optional firearm should be done once and only once. Thereafter, officers carrying optional weapons will either carry their "one time designated optional firearm" or the Department issued firearm. This will allow those officers hired prior to the purchase to keep the firearm of their choice but provide a long-term solution to the problems associated with the current Operating Procedure. 14 Those officers that carry any optional firearm under this recommendation would be allowed to return to the use of their own pistol if it were impounded as evidence or need service. During the time the officer did not have his/her own pistol they would carry a Department issued pistol. I recommend no change in the Operating Procedure that applies to off duty or back-up firearms. 15 PURCHASE RECOMMENDATION: Ronni Zengota has obtained quotes from two different suppliers for Glock Pistols (EEE and LC Action Police Equipment). Ms. Zengota is waiting for a third quote. LC Action Police Supply's quote is based on the trade-in of (90) S&W Model 5904s w/three magazines each. It therefore offers a substantial savings. I would therefore recommend serious consideration of trade-in. Based on LC Action Pistols quote it is possible to trade in our 5904s and equip all NCPD Officers with Glock pistols, holsters, magazine pouches and magazines for $52,796.20. This compares to around $77,000.00 without trade-in. I would also recommend that officers be given an option of uniformed holster. The availability of uniformed holsters for the Glock 35 is limited. Safariland offers three holsters for the Glock 35. They offer a Level I, Level II and Level III holster. I do not recommend a Level I holster for uniformed use. The bids obtained are based on the SSIII Level III holster. Not all officers like this high-level retention holster. The Level II holster offered by Safariland is the model 6280 or 6285. Both of these holsters have the SLS (Self Locking System) with the rotating hood design (This is what CVPD issues). My personal experience with the SLS system indicates that people with short thumbs may not be able to push the rotating hood clear of the sights, thus the pistol will not come out of the holster without moving your hand from the grip to move the hood completely forward. The bids were based on the Safariland SSIII holster. If we were to consider options of holsters we would need to find out exactly how many of each we would be purchasing before moving forward. This has not been done, since a decision by Staff to replace the Smith & Wesson Model 5904 has not yet been made. Attachments: 1. Purchase Quotations. 2. Glock Pistol Information. 3. Holster Information 4. Smith & Wesson 5904 Evaluation. 5. Price Information — Other Pistols. 6. San Diego County L.E. Survey. 7. Tacoma Washington F.D. Information (waiting for report). 8. Range Staff Memos, e-mails and original Range Staff surveys. 9. In-house Glock pistol test results. 10. FBI Ballistics Information. 16 AwACNM6a1r: 036A R KEY199 rst KEY20 02 cs rn U 11 M m 0 008 CO 0 01 1001 002 go 31 210Z KEY202 LFCW36 SYS F818 d01 INVI, KEY196 KEY195 0 0 7 9 0 cc 007 KE Y202 5 01 N 006 Zb 31 210 KEY202 Z0MDd1 SYS F818 SYS F8181 LFCW36 KEY202 FD 6A 05 mN T KE ®' 50R LD LF 36 005 0 003 004 KEY197 CO CO T 00 ^1E A 0 Q A A N Y KEY202 02 s. mN T 88 AS,, RII, V V9409 9£09 o ra rio p: s: \01 SIGN\CwwYNa Lon al cnv Poke De n1 \00 AR6Ery rs Orr .CORD lip6 aY 005000/00 Dogs awg Loyal'. PLAN rcb 2024. 12:1Epm Far Hall Office Interiors is the owner of these drawings_ and all idea . designs. arrangements, and peons depicted herein, These drawing sere created. evolved, and developed by Patron Hallr Office Interiors as Instruments of Service In connection with Inc specified project depicted herein. No part of these drawings may be used Sy or. directly or indirectly, disclosed to any other person. firm, or araanidotl on Icr any purpose whotsaever, without the express written consent of Parr an Nall Office Interiors. Written dimensions on these drawings shall have preceedence Over scaled dimensions. Contractors shall be responsible f r verifying all dimensions on the job. Perron Hall Office Interiors shall be notified In Inc event of any as —built r atlons from the dimensions and conditions shown on these drawing NATIONAL CITY POLICE DEPT SERGEANT'S OFFICE PROPOSED f ^ I� I� ( ^\I \^ HALL ` OFFICE INTERIORS TREET SAN DEGO, CA820 WEST ASH Y21012480 PHONE:619 E39034S PAX: 019239 2734 www.parronhall.cmn PROJECT NRJ: 04.061 DRAWN 9Y: TAMMY H SCSI GATE: REVISION: (HOER NO: APPROVED DAT 1/4 9Y: E 1/4"=1'-0" 02.11.04 -- n..EETING DATE May 18, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 24 (-ITEM TITLE Continued Public Hearing — Conditional Use Permit and Tentative Subdivision Map for the conversion of 97 apartments to condominiums at 915 E. 4th Street (Applicant: Westone Management Consultants) (Case File No.: CUP-2003-8/S-2003-1) PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXT. EXPLANATION City Council held a public hearing on this item at the May 4, 2004 meeting. At the meeting, the applicant's representative contested recommended condition number 22, which requires all utility distribution facilities on the site and within the abutting public right-of-way to be undergrounded. Council continued this item in order for staff to determine the extent and potential costs associated with the condition. The attached memorandum from the Engineering Department summarizes this information. The previous City Council report, dated May 4, 2004, is also attached for your reference; it includes recommended findings and conditions of approval. CEnvironmental Review Financial Statement N/A N/A Categorical Exemption MS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD f C ISOC MENDATIO The Planning Commission recommends approval of the Tentative Parcel Map and Conditional Use Permit. Vote: Ayes Pruitt, Carrillo, Alvarado, Flores, Baca, Graham Nays-Saludares Absent- Ma.itiiiolli, Rcyiiulila ATTACHMENTS ( Listed Below ) Resolution No. 1. Engineering Department Memorandum on the Extent of Undergrounding of Utility Distribution Facilities 2. Previous City Council Report, dated May 4, 2004, with attachments A-200 (Rev. 7/03) CITY OF NATIONAL CITY DEPARTMENT OF PUBLIC WORKS/ ENGINEERING MEMORANDUM May 6, 2004 To: Stephen Kirkpatrick, Acting Director of Public Works/Engineering From: Adam Landa, Assistant Civil Engineer Subject: 4TH STREET AND J AVENUE CONDOS This memo is in response to your question concerning utilities undergrounding for the proposed condo conversion located at 4th and J Avenue. The requirement to underground all utilities comes from Chapter 17.07.032, Paragraph G of the subdivision ordinance, which states "all new utility distribution facilities within the boundaries of the subdivision and within the half street abutting any new subdivisions shall be placed underground". I also called Carmen at SDG&E to obtain an estimate for the conversion of overhead lines to underground and was told that the estimated cost would be approximately $100,000. AL/mla 4&Jcondos MEETING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 18 ITEM TITLE Public Hearing — Conditional Use Permit and Tentative Subdivision Map for the conversion of 97 apartments to condominiums at 915 E. 4th Street (Applicant: Westone Management Consultants) (Case File No.: CUP-2003-8/S-2003-1) PREPARED BY Roger Post 336 4310 DEPARTMENT Planning EXPLANATION This project is proposed for an existing 97 unit apartment complex, Villa Real, that is located on the west side of J Avenue between 3rd and 4th Streets in the Multi -Family Residential -Planned Development (RM-2-PD) Zone. The proposal before you will convert the apartments into condominiums, addressing the need for homeownership opportunities in the City. It is the first such proposal in the City since the City adopted an ordinance just over a year ago allowing the conversion of apartments to condominiums. The Planning Commission held a public hearing on this item at their April 5, 2004 meeting. The attached background report describes the conversion of the apartments to condominiums in detail. Environmental Review Financial Statement NIA Categorical Exemptiori1S Approval Approved Ry N/A TAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. 30APD 1 CONiMIS ION RE D MENDATI Finance Director Account Naas The Planning Commission recommends approval of the Tentative Parcel Map and Conditional Use Permit. Vote: Ayes -Pruitt, Carrillo, Alvarado, Flores, Baca, Graham Nays-Saludares Absent- _Iarrn"eiii ynolds ATT, 'NMENTS "eIa = 1. Background Report 2. Planning Commission Resolution No. 12-2004 Including Findings and Con itions of Approval 3, Location Map iv2O (v. 7t apartment and Agency Comments Resolr tlon Nam. 5. Notice of Exemption 6. Project Description by Applicant 7. Property Condition Assessment 8. Applications 9." AppTica ii: Plans (Fi iiTi is A-ReVaa, B an T BACKGROUND REPORT The 1.5 acre, L-shaped project site is located on the west side of J Avenue between 3rd and 4th Streets in the Multi -Family Residential Limited -Planned Development (RM-2-PD) Zone. It fronts mainly on J Avenue; however, it also fronts on both 3rd and 4th Street. The property is developed with the Villa Real apartment complex, which has seven buildings with a total of 97 units. One of the seven buildings is a single -story structure that has a three bedroom one bath living unit, a leasing office and a community laundry room in it; this building fronts on 4th Street. The other six two-story buildings, which were built in 1963, all front on J Avenue. There is also a 94 space surface parking lot at the north end of the site and a pool near the south end adjacent the single -story building. The attached Tentative Subdivision Map (Exhibit A -revised) clearly shows the layout of the property. The units generally face onto 30-foot wide courts or to the parking lot. The two-story buildings have wood and stucco exteriors with some brick veneer at the foundation levels. They have gable roofs, which were last re -done in 2000 according to the applicant. As shown in the attached site photographs provided by the applicant, all units are directly accessible from outside the buildings via walkways. There is only one unit type, with the exception of the previously noted three -bedroom unit in the single - story building, in the development. Each unit is approximately 407 square feet with one bedroom and one - bath. None of them have private balconies or patios. The previously mentioned pool is the only common useable recreation area on -site; the pool area is roughly 2,900 square feet in size. The setbacks, ten feet on J Avenue and about four feet on 4t Street, as well as the courts are landscaped. Landscaping consists mainly of grass with low growing shrubs at the foundations of some of the buildings and a number of palm trees spread throughout the property. The landscaping at the perimeter of the property and within the main courts is well maintained; however, it is in poorer condition in some of the smaller interior courts (see Exhibit C). Overall the property is in fair to good condition as noted in the Property Condition Assessment prepared for the project. The report specifically notes that there are no significant defects, and estimates the remaining economic life to be at least 35 years. Nearby uses consist mainly of single-family houses, especially to the north and to the east across J Avenue. There are also some apartments to the south across 4th Street, and adjacent to the west of the property, in the General Commercial Zone, are various retail businesses. The applicant originally proposed to covert the 97 existing apartment units in 97 condominium units for individual sale. As condominiums, the units will be the same size and have the same floor plan as they do as apartments. The applicant proposes to make a number of repairs/improvements to the exterior of the buildings and common areas. All of the buildings will be freshly painted, the exterior safety railings will be replaced with railing that meets current Building Code requirements, and the entry doors to each unit will be replaced with a wider door (36 inches wide). Additionally, a new fence and gates will be put up around the property, and the existing trash enclosures will be rebuilt. The parking lot will be patched, re -sealed and re -striped, and the pool will be re -plastered and fitted with a new pump and filter system. Finally, the existing grass will be replaced with new sod, and some more palm trees will be planted. The interior of each of the units will also be renovated. Each unit will be completely repainted. New carpet, tile and linoleum flooring will be put in along with new maple cabinets with cultured marble countertops in the bathroom and maple cabinets with formica tops in the kitchen. New appliances, lighting and interior doors will also be included as part of the renovation. The attached project description provides additional detail on the proposed renovation. Finally, the walls and floors of each unit will be augmented to have a one -hour fire rating, as required by the Fire Department, and the windows in each bedroom will be replaced with one with a lower sill height. The above noted improvements and sale of the individual condominiums will be phased. All of the exterior and common area improvements will be done concurrent with the renovation of the first of the seven buildings. Once the renovations of the first building and common areas are about finished (the applicant estimates that the renovations of each building will take approximately five weeks) work on the second building will begin, and the units in the first building will be sold. This process will continue until all units have been sold. Staff has inquired as to the projected sales price of the units; the applicant has indicated that they cannot accurately predict the sales prices because of the quick rate of change in today's market, but they anticipate the units will sell for between $135,000 and $150,000. In order to pursue the conversion of the Villa Real apartments to condominiums the applicant has requested approval of a Tentative Subdivision Map and a Conditional Use Permit as required by City ordinance. There are a number of General Plan policies that are relevant to the conversion of apartments to condominiums. The proposal obviously increases the number of home ownership opportunities, consistent with General Plan policy. It is possible in some instances that the conversion of apartments to condominium units might result in the loss of low-income housing. In this case, lower cost rental housing will be replaced with lower cost ownership opportunities. It is important to note that, according to records maintained by the Community Development Commission (CDC), there are only four Section 8 renters currently residing in the complex, and the applicant has indicated the average rent is between $650 and $750. General Plan policies also encourage high quality development and unit sizes that exceed the minimum requirements in the Land Use Code. Given that the buildings are existing, the options available to increase the overall quality of the development are limited. The applicant proposes to make several changes, such as new safety railing, wider entry doors, and renovation of the pool area that are not required by Code. Increasing the size of the units is one way to increase the quality and livability of the development, and would be consistent with City policy encouraging larger units because of the large family sizes in the City. However, the applicant has indicated to staff and the Planning Commission that they are not proposing to combine units, since they believe there is a strong market for one -bedroom units. Also, the benefit of larger units must be weighed against the total number of home ownership opportunities that will be created. Finally, Building and Safety Department staff has indicated that given the type and year of construction it would not be too difficult to combine the units. Since it is impractical for most proposals to convert apartments into condominiums to meet current Land Use Code requirements for new condominiums, the General Plan and Land Use Code do not require it. However, it is useful to compare the requirements for new condominiums and for new one -bedroom apartments to what will be provided to allow for a full analysis. The table below summarizes some Code requirements for new condominiums and one -bedroom apartments and what will be provided. Comparisons of current Code requirements with the existing development Required for new condominiums Required for new one bedroom apartments Provided Parking spaces 2 spaces/unit plus guest parking Unit size 1,000 square feet , Private open space per 134-200 square feet unit Common useable open 12,930-19,400 square 12,930 square feet space' feet Density 1.3 spaces/unit plus guest parking 650 square feet 134 square feet 22.9 units/acre 22.9 units/acre .97 spaces/unit with no guest spaces 407 square feet 0 square feet 2,970 square feet 63 units/acre 'Based on 97 units Given the small unit sizes and lack of private and common open space, staff suggested that the applicant not only consider combining existing units to create larger units, but that they consider converting the existing single-family house, which is partially used as a leasing office, into a common recreation room. The applicant originally indicated that they intended to convert the single-family house into a condominium unit rather than improve it for common recreational purposes; however, at the Planning ', Commission meeting the applicant agreed to convert it into a common recreation building. Finally, it is important to note that the current density of the development is approximately 63 units/acre, where the Land Use Code allows a maximum density of 22.9 units per acre for all new multi -family development. Again, combining units would reduce the overall density of the project and increase the ratio of parking spaces to units. In order to satisfy the application requirements for the Conditional Use Permit to convert apartments, the applicant had a Property Condition Assessment (PCA) report prepared. It included an assessment of all structural and mechanical systems, as well as a sound attenuation study and pest report. The sound attenuation report found that the unit should have a sound transmission classification of approximately 50 or more, which would meet the current Building Code requirements. As stated before, the PCA report found that generally the property is in fair to good condition without significant defects. It does however, contain recommended short-term and intermediate term repairs, repairs that should be made in the next five years. The identified repairs, which are fully detailed in the attached report, include re -sealing the pool deck, painting the buildings, and replacement of the heating system in each unit. A condition recommending that all of the short-term and intermediate term repairs identified in the report be completed prior to sale of any unit has been included. Finally, the pest report identified some dry rot and drywood termite infestations. However, there were no structural defects identified, and remedies to the existing conditions were identified in the report. A condition requiring that the recommendations of the pest report be implemented prior to sale of the units has been included. Typically the City would require a performance bond to put up by the developer to ensure that the proposed and required improvements be made. However, the applicant has suggested an alternative approach, a Lien Contract and Agreement not to Convey, to ensuring that the proposed and required improvements be made prior to the sale of all of the units. According to the City Attorney's Office, the document that they have suggested should generally guarantee the completion of all of improvements; however, it does not afford as much protection as a performance bond. A condition requiring review and approval of the Lien Contract and Agreement not to Convey by the City Attorney has been included with the recommended conditions of approval. Also, conditions recommended by the Fire and Engineering Departments have also been attached. The Planning Commission held a public hearing on this item at their April 5, 2004 meeting. Although there was no testimony from the public, the Commissioners discussed several elements of the project. Commissioners, while noting that the proposal would definitely increase the number of home ownership opportunities, raised concerns over the level of market demand for small one bedroom units. They considered the possibility of combining some of the units to create larger units, and added a condition that will allow the Home Owners Association Board of Directors to impose restrictions on the number of units that could be rented out. Commissioners also delved into the extent of the proposed exterior and interior renovations, and added conditions of approval requiring the single -story structure to be a common recreation room and requiring the laundry rooms be fitted with new machines. They inquired about the information sent to the current tenants and discussed whether likely affordability of the units. Finally, the Commission voted to recommend approval of the proposal finding it consistent with the goals and policies of the General Plan, and with the proposed renovations a likely improvement to the area. RESOLUTION NO. 12-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 97 APARTMENTS TO CONDOMINIUMS AT 915 E. 4'14 STREET APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NOS. S-2003-1/CUP-2003-8 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for the conversion of 97 apartments to condominiums at 915 E. 4th Street on property generally described as: That portion of the westerly half of 20 acre Lot 2 in Quarter Section 131 of Rancho de la Nacion , according to Map thereof No. 166 by Morrill, on file in the County Recorder's Office of said San Diego County, and all that portion of Lot "A" in Block 1 of Sunny Hill, according to Map thereof No. 1885, filed in the Office of the County Recorder of San Diego County, February 10, 1926, in the City of National City, County of San Diego, State of California. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on April 5, 2004 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2003-1 and CUP-2003-8 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the 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 introduced in the staff report and public hearing for said tentative subdivision map and conditional use permit support the following findings: RECMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUI I IVISIN MAP 1. The proposed map is consistent with the National City General Plan and applicable speci tic plans. since the project will create 97 newhomeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since the entire development is existing, and only theform of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDE!C FININGS FOAPPROVAL. OF THE CON ITIONAL. USE PERMIT That the site for the proposed use is adequate in size and shape, since the site is fully developed and since all existing improvements will remain. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the project, which consists solely of a change of ownership and repair and renovation of existing improvements, will not generate additional traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the multi -family development already exists and only the form of ownership will change. Conditions requiring the new owners to properly maintain the property are included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 96 new homeownership opportunities available to first time homebuyers will allow for •mobility in the housing market, and since the increased rate of ownership may translate into an improved property appearance. RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS The proposal is consistent with housing element goals and objectives, since the conversion of the existing apartment complexes will create 96 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the first phase of development and each unit will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map and conditional use permit for the conversion of 97 apartments to condominiums at 915 E. 4th Street subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of 97 apartment units to condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B, and C case file no. S-2003-1/CUP-2003-8, dated 2/24/2004, 3/19/2004, and 3/15/2004 respectively. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. A trash .enclosure shall be provided in accordance with city standards. It shall have an exterior to match the buildings. 4. Prior to recordation of the final map, the applicant shall submit a Lien Contract and Agreement not to Convey subject to review and approval by the City Attorney. 5. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 6. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common parking lot, walkways, stairs, trash enclosure(s), landscaping, recreation buidling, laundry room(s), fence(s) and pool prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 7. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 8. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 9. The smoke detectors shall be updated in each unit prior to release of said unit for sale. 10. Each unit shall be improved with one -hour rated fire walls and floors prior to its release for sale. 11. 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. 12. 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 Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 13. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 14. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 15. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 16. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 17. 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 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. 18. A title report shall be submitted to the Engineering Department after Planning Commission approval for a review of all existing easements and the ownership at the property. 19. A private sewer easement for 303 Highland Avenue is required for a sewer lateral running from 303 Highland Avenue and connecting into the city sewer easement. 20. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 21. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 22. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final map shall use the California Coordinate System for its "Basis of Bearing" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 25. Private Storm Water Treatment Maintenance Agreement must be signed by owner. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. 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. 28. 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. 29. Before this Tentative Subdivision Map and 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 Tentative Subdivision Map and 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 Tentative Subdivision Map and 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. 30. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. 31. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m., or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 32. The covenants, conditions and restrictions (CC&R's) shall include a provision that authorizes the Home Owner's Association Board of Directors to impose owner occupancy restrictions not to allow more than 15 percent (15%) of the units in the complex to be occupied other than by an owner -occupant. 33. The single -story structure fronting on 4th Street shall be improved in its entirety for use as a recreation room by the future owners of the Villa Rea complex. 34. The laundry room(s) are to be completely renovated with new machines. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning •Commission at their meeting of April 19, 2004, by the following vote: AYES: PRUITT, CARRILLO, ALVARADO, FLORES, BACA, GRAHAM NAYS: SALUDARES ABSENT: MARTINELLI, REYNOLDS ABSTAIN: HAI PROJECT LOCATION Ti ZONE BOUNDARY — Subdivision and Conditional Use Permit for the conversion of 97 apartment units to condominium units NATIONAL 44444-4744Ww..444T T p -2003-1/CUP-2003-8 Non ANN1 N G Drawn Dais 3/1/04 INITIAL HEARING: 4/5/04 April 11, 2003 City of National City Department of Public Work 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR THE REVIEW OF CONDOMINIUM CONVERSION AT 915 E. 4TH STREET To: Charly Marchesano, Planning Department From: Charles Nissley, Engineering Department Via: Stephen M. Kirkpatric1, Assistant Director of Public Works/Engineering Subject: CONDOMINIUM CONVERSION AT 915 E. 4TH STREET 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 Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Depaituient. 2. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. Planning Department April 11, 2003 Page 2 3. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 4. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 5. A permit shall be obtained from the 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 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 after Planning Commission approval for a review of all existing easements and the ownership at the property. 8. A private sewer easement for 303 Highland Avenue is required for a sewer lateral running from 303 Highland Avenue and connecting into the city sewer easement. TENTATIVE MAP REQUIREMENTS 1. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 2. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 3. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground 4. The final map shall .be recorded prior to issuance of any building permit. 5. All new property line survey monuments shall be set on private property, unless otherwise approved. Planning Department April 11, 2003 Page 3 6. The final map shall use the California Coordinate System for its "Basis of Bearing" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 7. Private Storm Water Treatment Maintenance Agreement must be signed by owner. Cn:jha2 915 City of National City Fire Department 333 E. 16th St,, National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 r Mi,t :1 .,_.1- Date: April 2, 2003 To: Planning Dept. From: Jeff Burriss, Deputy Fire Marshal If, Subject: 914 E. 4th Street Concern cited regarding fire extinguishers was addressed during an annual inspection of the property. Servicing of fire extinguishers is the responsibility of the management company. As for a condo conversion, the fire dept. will require updating of smoke detectors to current code requirements in all units. SWEETWATER AUTHORITY 505 GARRETTAVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org April 3, 2003 Mr. Charley Marchesano, Assistant Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 915 E. FOURTH STREET, NATIONAL CITY CASE NO.: CUP 2003-8/S-2003-1 SWA GEN. FILE: WATER AVAILABILITY, 2003 Dear Mr. Marchesano: 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 AT (DN A,. This letter is in response to an Application for Conditional Use Permit and Tentative Subdivision Map for the conversion of apartments to condominiums for the subject property, within the Sweetwater Authority ("Authority") service area. There is a six-inch main on the east side of "J" Avenue fronting the property. The Authority's records indicate that there are three domestic water services to this property. Enclosed is a copy of 1/4 SEC. 153 map, which shows the existing 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 the Authority requires a 10-foot horizontal separation between sewer and water laterals. If the Owner pays the appropriate fees, 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 79 p.s.i. to a minimum of 69 p.s.i. 4) .n pz t tr.??^ /o-PT- l"f,7t a sn=�^ t!„ttf v h`"',;rerr Ify,r$`,^',rn au xk'�'.rnr�,Rr?' %?R;r rax^nrrr Mr. Charley Marchesano Re: Water Availability — 915 E. Fourth Street, National City April 3, 2003 Page 2 If you have any questions, please contact Ms. Laurie Edwards at (619) 422-8395, extension 641. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vls Enclosure: photocopy of 1/4 SEC. 131 map Pc: DG&W, LLC 1640 Broadway, Suite "A" San Diego, CA 92101 Mr. Don Condon National City Fire Department 333 E. 16th Street National City, CA 91950 I:\engr\Gen\ dater Availability\char rnarch 915 E 4TH.tioc Subject Property: 915 E. 4th Ave. 1/4 SEC. 131 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: S-2003-1/CUP-2003-8 Project Location: 915 E. 4th Street Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map and Conditional Use Permit for the conversion of 97 apartments into condominiums Applicant Name and Address: Westone Management Consultants 1640 Broadway Ste. A San Diego, CA 92101 Exempt Status: Telephone Number: 619-645-9071 Statutory Exemption. (State type and Section No,, if applicable) Categorical Exemption. Class 1, Section 15301 (Existing Facilities) n Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exemrat: The proposal would permit the conversion of 97 existing apartments into 97 condominium units. No expansion of the existing structures is included in this proposal. Date: ANDREW HOSKINSON ASSOCIATE PLANNER 19 MAR 2004 PM 1:37 Project Description The project consists of 97 apartment rental units of which 96 are one bedroom and one bathroom of approximately 465 square feet and one unit which is three bedrooms and one bathroom approximately 1,000 square feet. The project was built in 1963 and consists of 7 building. The project has a pool and limited recreation facilities. However, there is room for additional recreation facilities to be developed within the current building envelope. Once converted to condominiums the project will be completely renovated as follows; Renovations to Exterior Common Area Paint exterior of buildings Pool Paint complete building with The following colors (See color board) new pump, filter & re -plaster decorate pool area with potted plants & seating Install metal security doors parking area Decorative metal security (optional) patch, seal, re -stripe & number the spaces Landscaping Trash area Tropical setting, Queen Palms, rebuild with cover and install new metal Re -sod grass areas, and install doors New sprinkler system Fence Replace fence & gates z.. Renovations to Unit interiors Complete paint & ceiling Walls Base Board Crown Mouldings Ceiling Bathroom Kitchen Kitchen Bountie Beige Swiss coffee Swiss Coffee flat Swiss coffee Semi -Gloss Semi -gloss Maple Cabinets with formica countertops New Appliances Kenmore Brand Stove, microwave, hoodfan Fridge (optional) New interior doors 6 panel Douglas fir interior doors entry door 4 panel New window coverings Mini blinds (optional) NOTE Flooring New Carpet, ceramic tile floors 12 X12, linoleum in bathroom Bathroom Maple Cabinets, cultured marble countertops, new sink, new tub & shower and shower valve, toilet Lighting New lighting package & ceiling fans $400 budget per unit New door hardware Brushed Knickel Some items are not included in the price of the unit however, the purchases may add items such as fringe, window coverings, hardwood floors, etc to the purchase price and add the cost to the mortgage financing Jun 12 03 1037a Ceilia Huang 8 375-8292 pal REPORT Property Condition Assessment Villa Real 915 E. 4th Street National City, San Diego County, California 91950-1503 Prepared For CRS/DG AND W LLC C/o Westone Management Consultants 294 Chamber Street Suite 44 El Cajon, California 92020 Attention: Mr, Joseph Searlatti Prepared By JCEP/E[uang Consulting Engineers, Inc. 217 Via Lora Dos Vientos Ranch, California 91320 Project No. 03-C-01758 March, 2003 Jun 12 03 10; 38a Ceilia Hung 80.-375-8292 p•2 JCEP/HUA,NG CONSULTING ENGINEERS, /NC. 217 Via Lara Dos Vientos Ranch, CA 91320 Tel: (805) 375-6292 Fax: (805) 375-8292 March 17, 2003 CRS/DG and W LLC C/o Westone Management Consultants 294 Chamber Street Suite 44 El Cajon, California 92020 Attn: Mr. Joseph Scarlatti Re: Transmittal of PCA Report Villa Real 915 E. 4th Street National City, San Diego County, California 91950-1503 Dear Joe: Attached is one copy of the referenced report. Your receipt of this report completes our scope of work under this contract. This PCA report is based on a walk through observation of the subject property on March 7, 2003 and the review of certain property related documents that you provided us. We appreciate the opportunity of providing this engineering service to you and look forward to a continuing working relationship in the future. Should there be any questions regarding this project, please contact Huang at 805-375-6292. Sincerely, Johnny G. Huang, P.E. Principal 7 Jun 12 03 10:38a is Huang 80 375-8292 p, 3 TABLE OF CONTENTS SECTION PAGE 1.0 EXECUTIVE SUMMARY 4 1.1 General Description 4 1.2 General Physical Codition 4 1.3 Recommended Immediate Repairs 5 1.4 Recommended Short Term & Intermediate Term Repairs 5 2.0 SCOPE OF WORK 7 3.0 SALIENT INFORMATION 8 4.0 SYSTEM DESCRIPTION AND OBSERVATION 9 A Buildings 9 B Common Area 12 z7 Jun 12 03 10.38a Celia Huang 1.0 EXECUTIVE SUMMARY 80375-8292 p.4 1.1 General Description JCEP/Huang completed a property condition assessment (PCA) of a multi- dwelling complex known as Villa Real located at 915 E. 4th Street, National City, San Diego County, California 91950-1503 at the request of Joseph Scarlatti of Westone Management Consultants. As part of the PCA, an on -site walk through observations was made on March 7, 2003 with Joseph Scarlatti. The subject property contains 96 one -bedroom and one -bathroom apartment units scattered in 7 two-story garden type apartment buildings, and a one-story single family house that contains 3 bedrooms with one bathroom and a leasing office. Additionally, the subject dwelling complex also provides 96 surfaced parking spaces, a laundry room, a swimming pool, and associated hardscape and landscape. Construction drawings were not available for JCEP/Huang's review. Reportedly, the subject property was developed in 1963 on a suburban lot in National City, San Diego County, Califomia. Due to its mild climate in the project area, and like many multi -dwelling complexes in coastal San Diego County, air conditioning for cooling is not provided for the subject apartments. Heating is supplied by gas -fired wall heaters. Domestic hot water for the 96 apartments is provided by 13 centralized gas -fired hot water heaters. The single family house and the laundry room also have one devoted gas -fired hot water heater each. Gas main and individual gas meters are hung on the exterior wall of the buildings, while the electric distribution panels and individual electric meters are housed in the utility closets of the buildings. Smoke detectors are available for the apaitiuents, and the public areas of the buildings are fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalks by the property as required by the current fire code. 1.2 General Physical Condition The subject property appears adequately maintained and in overall good condi- tion without significant defects noted. Original components of the buildings are composed of durable materials and sturdy construction. It is JCEP/Huang's opinion that the subject property is comparable to other similar properties of similar age in this area and, subject to a continued program of sustained pre- ventative maintenance, the remaining economic life of the subject apaitiiients should exceed 35 years, Jun 12 03 1038a Cecilia Huang -375-8292 p,5 1,3 Recommended Immediate Repairs Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, no objectionable property conditions that require immediate corrective works were identified, except the following: Item Quantity Unit Cost Immediate Cost Inspection labels of some observed fire extinguishers have expired. Contact the Fire Department of National City to have them inspected and certified. -- $0 $0 Examine and check irrigation system, and make necessary repairs and adjustments. -- Lump Sum $ 500 Fill in the bare spots in various areas that are planted with ground covets and/or grass. -- $600 $ 600 Total $1,100 1.4 Recommended Short Term and Intermediate Term Repairs The following objectionable property conditions need to be corrected within the next five (5) years before they evolve into more costly repair/replacement items: Replace all existing heating units with new energy -efficient models within the next three years. ESTIMATED COST: 96 units @ $300 each Replace hot water heaters within three years (3). ESTIMATED COST: 10 units @ $500 each Replace 30 window units within the next two years. ESTIMATED COST: 30 units @ $400 each $28,800.00 $ 5,000.00 $12,000.00 Repair, seal -coat and restripe the asphalt paved driveway and parking lot within three years. ESTIMATED COST: $16,300.00 Jun 12 03 10e38a Cec`lia Huang 805 375-8292 p.6 Paint building exteriors within the next four years, including exterior walls, stairs, second floor corridor railings, trash enclosure and wood posts. ESTIMATED COST: 8 buildings @ $12,000 each $ 96,000.00 • Paint wood and concrete block fence walls. ESTIMATED COST: Lump Sum $ 8,500.00 • The buildings are partially fitted with metal gutters and downspouts along the low edges of the roofs. Gutters and downspouts should cover the whole roof edges. This work should be carried out before the next raining season. ESTIMATED COST: Lump Sum $ 4,000.00 • Repair the swimming pool deck and resurface the pool within two years. ESTIMATED COST: $ 4,600.00 TOAL COST: $175,200.00 Jun 12 03 10:38a Celia Huang 80A375-8292 p.7 2,0 SCOPE OF WORK Scope of Work for this PCA is based upon the requirements as outlined by Joseph Scarlatti of Westone Management Consultants, and included the following: A. Buildings 1) Roofs 2) Foundations 3) Walls, Windows and Doors 4) Exterior Paint and Woodwork 5) Plumbing 6) Mechanical 7) Water Heaters 8) Electrical B. Common Area 1) Pavement 2) Walkways 3) Landscaping/Plantings 4) Irrigation System 5) Swimming Pools/Spas/Saunas 6) Common Recreation Rooms 7) Trash Areas 8) Mechanical 9) Electrical 10) Exterior Common Area Lighting 11) Walls and Fences 12) Drainage Facilities Jun 12 03 1038a Cecilia Huang 80„,375-8292 p•8 3.0 SALIENT INFORMATION Project 03-C-01758 Property Name Villa Real Property Address 915 E. 4th Street and 320 J Avenue National City, California 91950-1503 Year Built 1963 Year Renovated The buildings were reroofed in 2000 Zoning ' R3, Multiple Dwelling Occupancy Group B-2 s Construction Type V-1, Not Ere-sprinklered Number of Buildings 7 Apartment Building and One Single Family House Number of Apartments 96 1 x 1 Units and a 3 x 1 Single Family House Resident Manager Guillermina S.Wlido Tel: 619-477-8567 Occupancy Rate 97%, currently there are 3 vacant units Number of Stories Apartment Buildings: 2-Story Single Family House: One -Story Basement None 1 x 1 : .460 s.f. 1 x 3 : 1,000 s.f. Size of Apartment Total Building Area Approximately 45,160 square feet, rentable Number of Parking Spaces 96 Spaces on Asphalt Paved Surfaces Property Visit Date March 7, 2003 Property Visit Conducted by Johnny Huang, P.E. Accompanied By Joseph Scarlatti and Lindsay Erickson of Westone Management Consultants, and Guillermina Salido, the Resident Manager Weather Sunny, mid 60's . Jun 12 03 10:38a Cecelia Huang 805-375-8292 p.9 4.0 SYSTEM DESCRIPTION AND OBSERVATION A. Buildings 1) Roofs Description: The seven (7) apattwnent buildings and the single family house are weatherproofed with a conventional pitched roofing system. Design drawings of the Apartments were not available for our review. It is likely that the roofing systems are over plywood roof sheathing supported on wood frame composed of rafters, joists and studs. The pitched roofing systems appear to be composed of asphalt impregnated and Mineral surfaced roofing shingles over heavy felts supported on plywood roof sheathing. Pitched roofmg is a proven waterproofing product with a long and impressive performance record. A well constructed system of the project type with proper maintenance effort can easily last 20 to 25 years, provided that the felts are well shielded from the ultra -violet rays from the sun. Roofing cement, metal flashing and counterflashing, roof j acks, and other waterproofing materials and devices are implemented at joints of the roofs and penetration locations. Observations/Comments: Management of the property advised that the buildings were reroofed in year 2000. There are no roof leak reports, and no signs of leakage were noted during JCEP/Huang's on - site visit. The roofing systems appeared adequately maintained and in good condition. However, it was observed that all roofs are partially fitted with metal gutters and downspouts. JCEP/Huang recommends that all roofs should be fully covered by metal gutters and downspouts. This work should be carried out before the next raining season. No other repairs are recommended at this time. 2) Foundations Description: Original plans and specifications were not provided for JCEP/Huang's review. The apartment complex is likely to be founded on cast -in -place reinforced concrete perimeter footings, column footings, and interior grade beams with concrete slabs -on -grade. 33 Jun 12 03 10;39a Zia Huang -375-8292 p.10 Observations/Comments: Visible portions of the foundations were observed to be in good condition. No signs of cracking, settling, or distress were observed. No repairs are recommended at this time. 3) Walls, Windows and Doors Description: Exterior walls of the apartment buildings are observed to be constructed of painted wood sidings and stucco. Typically, the stucco is over lath and water-repellent building paper on plywood backing supported on wood studs, and sidings are over building paper and supported by wood studs too. Window and door openings are likely to have been reinforced with additional wood members for stress transferring continuity. Apartment unit entry doors are of solid core fire -rated type with twist - action door knob and dead bolt hardware. Entry doors to the single family house and the Leasing office are of solid wood with small glass panels. These doors have similar hardware as that of the apaitueent entry doors. Interior doors are typically of hollow cored units. Windows are of aluminum framed glass sliding units. Observations/Comments: No structural distresses were noted on the walls. The walls remain to be straight, in line and plumb. Generally, exterior walls appeared adequately maintained and in good to fair condition. However, watermarks were observed along the lower portion of the exterior walls at several buildings. They appear to be caused by irrigation. JCEP/Huang recommends that irrigation system be thoroughly examined and make necessary repairs and adjustment. Management of the property advised that building exteriors were painted about 6 to 7 years. ago. It is recommended that the building exteriors be painted within the next 4 years. Windows and doors appeared adequately maintained and in good to fair condition. However, it was estimated that about 30 window units need to be replaced within the next two years. 4) Exterior Paint and Woodwork Description: Woodwork is typically covered by painted stucco and sidings. Exterior paint includes the stairs, stucco and wood trims, railings along the 2nd floor corridor, trash enclosure and wood posts. Jun 12 03 10:39a Cecilia Huang 805-375-8292 p.11 Observations/Comments: It is recommended that all building exteriors be painted within the next four years. 5) Plumbing and Hot Water Heaters Description: Plumbing system of the subject apartments includes necessary hot and cold water supplies, drainage, waste, and vents. Water supply, waste, drainage and vent lines consist of copper water piping, cast iron and ABS waste and vent piping, and steel natural gas piping. Sanitary sewers and storm wastes are discharged to the respective public infrastructures. No sewage lift stations were observed during the property visit. Domestic hot water for the apartments is provided by 13 gas -fired hot water heaters. While the laundry room, which has 6 washers and 7 dryers, is equipped with a devoted gas -fired hot water heater. So is the single family house. Apartment bathroom fixtures consist of floor supported lavatories with wood cabinets, floor mounted toilets and white fiberglass bathtubs with showers. Observations/Comments; Plumbing system of the subject property was observed in good condition, and appeared adequately maintained. Management of the property advised that a total of 5 gas -fired hot water heaters were replaced within the last 5 years. The other 10 units are quite old, but functioning. It is recommended that these 10 hot water heaters be replaced within the next 3 years. Observed hot water heaters appeared properly strapped for seismic safety, no repairs are recommended at this time. 6) Mechanical Description: Due to the mild climate condition of the project area, no air conditioning for cooling is considered needed, and none is provided. Heating of each apartment is provided by individual wall heaters powered by natural gas. Bathrooms and kitchens are equipped with wall switches controlled exhaust fans. Exhausts are ducted through the roof. Ventilation of the apailuients is by gravity and natural breeze. Observations/Comments; Mechanical system of the subject property appeared adequately maintained and in good operative condition. Equipment capacities also appear adequate for the intended usages. No repairs are recommended at this time. Due to aging, it is estimated that 96 wall heaters need to be replaced with energy efficient units within the next three (3) years. • 3.. , Jun 12 03 10733a Cec lia Huang 80- 375-8292 p. 12 7) Electrical Description: Electrical service for the property is from electric pole supported, and San Diego Gas and Electricity owned transformers to the buildings' distribution panels. Tenants are individually metered for electric services. Power to the buildings is provided at 120/208-volts. Each apartment is provided with a 120-volt, 50-ampere single-phase service. Circuit breakers are provided for overload protection. Observed conductors and wiring appeared to be copper enclosed in metallic and plastic conduits. Observations/Comments: Electric system of the property appeared in good condition. No repairs are necessary for the electrical system. B. Common Area 1) Pavement and Walkways Description: Poured concrete curb and sidewalk parallel to 4th Street and J Avenue are provided as part of the City's sidewalk system. On - site driveways and parking lots are typically paved with asphalt concrete, while the curbs and sidewalks along the borders of the asphalt pavement are constructed of reinforced concrete slabs -on -grade. Walkways in courtyard areas and the entry way to apartments are composed of cast -in -place reinforced concrete slabs -on -grade for the ground floor units. Second floor corridor is composed of reinforced concrete slabs on wood framing. Observations/Comments: Reinforced concrete slabs -on -grade were observed in a good state of repair. No cracking or significant displacement of the concrete flat work was noted. Generally, asphalt paved driveways and parking lots appeared adequately maintained and in good condition. However, the asphalt pavement needs localized repairs, a new seal- coating and the parking spaces need to be restriped at 3 to 4 year intervals. 2) Landscaping/Plantings Description: Adequate landscaping of matured palms, evergreen and deciduous trees, flowers, bushes, and grass is provided along the sidewalks parallel to the city streets and inside the property. Observations/Comments: Landscaping and plantings appeared to be adequately maintained and in good condition. Except some bare spots Jun 12 03 10z40a Cecilia Huang 80 -375-8292 p.13 that should be filled with matching ground covers. This work should be done immediately. No other repairs are recommended at this time. 3) Irrigation System Descriptions: Automatic irrigation system is provided for all landscaped areas of the property_ Sprinkler lines appear to be PVC with 2" main and 3/4" branches, sprinkler heads appear to be brass. Observations/Comments: The irrigation system appears to be able to provide adequate coverage for the landscaping and planting. Landscaping and irrigation are serviced and maintained weekly by gardening services. Irrigation system of the property appeared adequately maintained and in good condition. It is noted that watermarks caused by irrigation are evident along the lower area of the exterior walls near the ground covers at several building locations. JCEP/Huang recommends that the irrigation system be thoroughly examined. Make necessary repairs and adjustments to assure the proper spraying of irrigation water. 4) Swimming Pool/Spa Description: A swimming pool is centrally located in this apartment complex. Automatic filtering system is provided, but the pool is not heated. Observations/Comments: Regular maintenance and service is routinely performed by local swimming pool services. The pool appeared adequately maintained and in good condition. Management of the apaihnents indicated that the pool has not been resurfaced for sometime. Irregularities were observed on the swimming pool surface. It is recommended that the pool be resurfaced and its deck be repaired locally in two years. 5) Common Recreation Rooms There are no common recreation rooms in the subject property, 6) Trash Areas Description: Painted wood fenced trash enclosure is provided for the property. It is conveniently located at the southeastern section of the , Jun 12 03 1040a Cecilia Huang 80-375-8292 parking lot near the gate facing J Avenue for garbage disposal and truck collection. A trash bin is placed inside the enclosure for dumping and collection by the garbage trucks. Trash is collected twice weekly by Pacific Waste Service. Observations/Comments: Trash area appeared clean and without objectionable odor. The area appeared adequately maintained and in good condition. Trash enclosure should be painted in conjunction with the exterior paint. 7) Mechanical There are no mechanical units provided for the common area. See A6 for mechanical system for the"dwelling units. 8) Electrical See A7 for details. 9) Exterior Common Area Lighting Description: Lighting for these areas is provided by building wall mounted and metal pole supported lighting fixtures. The city lights somehow help illuminate the site. Observations/Comments: The property was not observed at night, but it appears that lighting is provided for proper illumination of the site at night. New exterior lights can be considered to enhance the overall appearance of the property. 10) Walls and Fences Description: There is a combination of painted wood and concrete block wall fences along the boundary of the property, except the front where it faces 4`h Street. Additionally, painted metal fence and entry driveway gate to the parking lot are provided on the south side of the property facing J Street. Observations/Comments: Walls and fences appeared in good condition. Only minor repairs are required for the wood fences. This work can be carried -out in conjunction with the painting of the fences. p,14 Jun 12 03 10:40a Cecilia Huang 805-375-8292 p.15 11) Drainage Facilities Description: On -site drainage is primarily surface controlled. Building pads are raised above gradient for proper drainage. Rainwater from the roofs is carried by metal gutters and downspouts or splashed down to the site drainage system which, in turn, is connected to the public storm drainage infrastructure. Asphalt paved driveways are constructed with noticeable slopes that are away from the building structures and converge to the center swales of the pavements for proper drainage. Observations/Comments: Drainage systems of the property appear to have positive slopes that lead water away from the building structures and towards the collection devices. No significant ponding areas were noted during the property visit. No repairs are recommended at this time. c z x cL -----7,..) \Ala Pal Ripv-F-mulfs e LOD b NL-tS 4-- tAIC s -aCtilLY\ dia d4nIv ci rat, -3-1ovC, e, Loimvooykx e Lam.in 0,10se+ bck-HA rou r i i ) . I , 1 , 1 12.e[A,taf.r.. e,tos.ct NATIONAL CITY, CALIFO APPLICATION for V Conditional Use Permit Planned Development Pei uut Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number S"`2CX ` ! ! LuP2r — d Filing Fee $ 3 / i `�o'? Receipt No. ���S-1 Date Received '�j1g� 65 By C.\ E.A.F. Required °"°' Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) S� c Ae. 1 PROPERTY LOCATION �3 Li -On Rig. No. between 3Vl k urx and •, 1 COMBINED GENERAi PLAN/ZONING DESIGNATION Street Conditional Use/Planned Development/Planned U Revised Decetnlie , 199S t'age i of 4 Development Permit Application REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: Conversionfo tilfiv PRPERTY OWNER(S) of all property included in this applications (Attached extra sheets if necessary). Name: Signature gnature acknowledges application is being file ( Name: 10't3ignatur (Signature acknow ed that this application is being filed) ,) Address: MO c)jr'Q �' WaiOadd Phone No. (o/9 Z32 - l (e4/4'' Fax No. l - Z 3°, a '5t (72/ Date: Address: Phone No. Fax No. Date: Use/Planned Development/Planned Unit Development Permit Ar p nrt.p cation APPLICANT Name: Wat f Oat (Please type o Signature: rint) es° ignature certifies tha t o information submitted with this application is true and accurate to the best of the applicant's knowledge). a6oingoi C ahn fs Address: '4 C,�/i�'31 etr' € �1 e G4/4/2 PhoneNo. OR- 6 %-4693 Fax No. Udfq r 6g6' g511 Date: 4J60' , W42, ' 7/0 od/Amia /CE/A)4 549 7 Op ?k2 06' Conditional Use/Planned pvelopmentlPlanned Unit Development Permit Application Revised December, 1998 - 43 Page 1 Order No. 33040213 PARCEL 1: DESCRIPTION THAT PORTION OF THE WESTERLY HALF OF 20 ACRE LOT 2 IN QUARTER SECTION 131 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166 BY MORRILL ON FILE IN THE COUNTY RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF OF SAID 20 ACRE LOT 2; THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF 172.50 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT ON THE SOUTHERLY LINE OF SAID 20 ACRE LOT 2, WHICH IS DISTANT THEREON 171.46 FEET WESTERLY FROM THE SOUTHEASTERLY CORNER OF THE WESTERLY HALF OF SAID LOT; THENCE EASTERLY ALONG SAID SOrTHRRLY LINE TO SAID SOUTHEASTERLY CORNER; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID WESTERLY HALF OF 20 ACRE LOT 2 TO THE ,POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF FOURTH STREET AND "J" AVENUE AS SHOWN ON FRANK A. KIMBALL'S SUBDIVISION MAP NO. 98 ON FILE IN SAID RECORDER'S OFFICE OF SAN DIEGO COUNTY; THENCE NORTH 18° 21' 30" WEST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 71° 26' 00" WEST ALONG THE NORTHERLY LINE OF SAID FOURTH STREET, A DISTANCE OF 30.00 FEET; THENCE NORTH 18° 21' 30" WEST A DISTANCE OF 330.48 FEET TO THE NORTH PROPERTY LINE OF THIRD STREET; THENCE NORTH 71° 18' 00" EAST ALONG THE NORTH PROPERTY LINE OF THIRD STREET TO ITS INTERSECTION WITH THE CENTER LINE OF "J" AVENUE A DISTANCE OF 30.00 FEET; THENCE SOUTH 18° 21' 30" EAST ALONG SAID CENTER LINE A DISTANCE OF 330.48 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF LOT "A" IN BLOCK 1 OF SUNNY HILL, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1885, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 10, 1926, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT "A" WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 1 IN SAID BLOCK 1, THENCE NORTH 71° 26' 00" EAST ALONG SAID PROLONGATION AND SAID SOUTHERLY LINE 80.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTH 18° 35' 00" EAST ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 125.00 FEET; THENCE SOUTH 71° 26' 00" WEST PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 1 A DISTANCE OF 80.00 FEET IN THE WESTERLY LINE OF SAID LOT "A"; THENCE NORTH 18° 35' 00" WEST ALONG SAID WESTERLY LINE 125.00 FEET TO THE POINT OF BEGINNING. Justification to Section 18.116.020 #1 `fh =t the site for the proposed use is adequate in size and shape The site is 1.8 acres and has been developed to the building standards and the building code of the day. The project consists of 97 rental units of which 96 are one bedroom & one bathroom approximately 465 square feet and one unit of approximately 1,200 square feet. There are 98 parking spaces. The project have access to on -street parking on both Fourth Avenue and J Avenue. #2 That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use The site has pedestrian access from Fourth Avenue and J Avenue. The parking is accessed from J Avenue through double wide security gates. The street are to current standards and the change in use from apartments to condominiums will not increase traffic. Access to and from the project is by major arterial traffic routes and are adequate to carry the existing traffic. #3 That the proposed use will not have an adverse effect upon adjacent or abutting properties Given that the proposed change in use is from apartments to condominiums and that no additional structures will be added to the project there will be no adverse effect to the abutting properties. Condominium conversions have consistently enhanced the neighborhood and should exist well with the residential areas to the North and the East. #4 That the proposed use is deemed essential and desirable to the public conveniienc or welfare The proposed conversion will provide 97 first-time home -buyer opportunities which currently do not exist in the City of National city. Given the 'current rental rates, most of the tenants will have the ability to purchase their units given current interest rates and various first -time -buyer programs. CRS, INc. 1640 BROADWAY SUITE A SAN DIEGO, CA 92101 (61 9) 232-6644 FAX (6 1 9) 239-8934 July 29, 2002 RE: 304-320 "J" Ave. & 905-927 4th Ave., National City, CA 91950 To Whom It May Concern: I, Dan Furlan, give permission to Joseph Scarlatti to obtain any documents pertaining to the above referenced property. Mr. Scarlatti also has permission to sign any applications, forms, letters, or related documentation for the above referenced property. Dan Furlan NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map 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 C-1Q-2OO )S 2OD3-3 Filing Fee $15} 1 CD Receipt No. 31t%631,Or Date Received )) 114 05 By G E.A.F. Required Fee $ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. pq2 ` I $O - i (®OV PROPERTY LOCATION 9{3 E(.m!- 1-1h'i Ave o glf,¢fI0i9A/(idy G14 (Mal 30q cl / ve , itla fioha.� Cfy, G4i 1 3/0/ COMBINED GENERAL PLAN/ZONING DESIGNATION S`M - - D Tentative Parcei]Subdivision l\ap Application Revised December, 199E Name: TITER AUTHORIZE ') REPRESENTATIVE (A Signature Signature (Signature acknowledges (Signature acknowledges that this application is being filed) application is being filed) Address: .2.11/ Char/jogChar/jog St.Address: R40,1160 cum Phone No. um- 5z3z - 4/6 93 Phone No. Fax No. 660 - /69 I Fax No. Date: 3(1`3/Z003 Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: fl) 1 A SignatureSignature (Signature acknowledges at this (Signature acknowledges that this application is being filed) application is being filed) Address: 1100 Ora wag, w,iP A Phone No. 237 ._ la%y Fax No. hie[ Date: Address: Phone No. Fax No. Date: A Tentative ParceliSubdivi ' on Map Application c,c•so APPLICANT q�?t Q dtask Name: Wei -Once, M l� Alt )U/ (Please type o Signature: f�- - /g (Signature certifies the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 2'i' chambers 5free i 514 P �l. Ca. 1 , CA Q wzo Phone No. (a — c5 - Lt_3 Fax No. ! q - Date: Tentative Parcel/Subdivision i4ap Application Revised December, 199F. Page 3 of 3 4 GI CRS, INC. 1 640 BROADWAY SUITE A SAN DIEGO, CA 92101 (61 9) 232-6644 FAX (619) 239-8934 July 29, 2002 RE: 304-320 "J" Ave. & 905-927 4th Ave., National City, CA 91950 To Whom It May Concern: I, Dan Furlan, give permission to Joseph Scarlatti to obtain any documents pertaining to the above referenced property. Mr. Scarlatti also has permission to sign any applications, forms, letters, or related documentation for the above referenced property. Dan Furlan DATE City of National City, California COUNCIL AGENDA STATEMENT May 18, 7004 *Continued from 5/4/04 AGENDA ITEM NO. 25 (-ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish "No Parking" Zones South of the Driveway at 1506 L Avenue (G. Jarsulic, TSC Item No. 2004-15) PREPARED BY EXPLANATION Adam J. Landa 336-4580 DEPARTMENT Public Works/Engineering Mr. Gerald Jarsulic, the owner of 1506 L Avenue, has requested the installation of a red curb "No Parking" zone between his driveway and his neighbor's driveway to the south. Mr. Jarsulic stated that vehicles park there and encroach into his driveway, thereby not allowing ingress and egress from his house. Mr. Jarsulic also stated that there is fifteen feet between the driveways, which is not enough parking area for a vehicle or truck. Staff concurs with his evaluation. The Traffic Safety Committee, at their meeting of April 14, 2004, approved fifteen feet of red curb on the south side of the driveway at 1506 L Avenue. Environmental Review ., N/A Financial Statement N/A 7-STAFF RECOMMENDATION Adopt the Resolution. Approved BY: Finance Director Account No. I C/5RD / COMMISSOOK RECOMMENDATIOP The Traffic Safety Committee, at its meeting of April 14, 2004, approved the fifteen feet red "No Parking" Avenue. :AAV ' C M T ( Listed i eio 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution RESOLUTION NO. 2004 — 86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A RED NO PARKING ZONE SOUTH OF THE DRIVEWAY AT 1506 L AVENUE (G. Jarsulic, TSC ITEM NO. 2004-15) WHEREAS, Gerald Jarsulic, the owner of 1506 L Avenue, has requested the installation of a red no parking zone south of his driveway at 1506 L Avenue because vehicles that park there encroach into his driveway and obstruct ingress and egress from his property; and WHEREAS, at its meeting on April 14, 2004, the Traffic Safety Committee approved the installation of a 15 foot red no parking zone south of the driveway at 1506 L Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a 15 foot of red no parking zone south of the driveway at 1506 L Avenue. PASSED and ADOPTED this 18th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2004 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1506 L AVENUE (BY: G. JARSULIC) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Gerald Jarsulic, the owner of 150 L Avenue, has requested the installation of a red curb "No Parking" zone between his driveway and his neighbor's driveway to the south, According to Mr. Jarsulic, vehicles are parking in a fifteen foot space and are encroaching into his driveway thereby not allowing ingress and egress to his property. STAFF RECOMMENDATION: Staff recommends the installation of fifteen feet red curb "No Parking" zone on the south side of the driveway located at 1507 L Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2004-15 Dear sir I live at 1506 L ave. in National city I am requesting that one of the Grubs in between my driveway and the nieghbron driveway is to be painted red. My reason for this request is because the area is only 15 feet in lenght. It is not longe enought for a car to park thier . Also with acar park thier your view of the street is block when you are backing out of the driveway. Thier has been times when biger cars and truck have park thier and where blocking my driveway. Also my wife was hit when backing out bbecause she should not see good because view and the person who hit her did not she her al so . So again I am requesting this Grub to be painted red . I am attaching a picture of the Grub I want to be painted Your ps my phone number is 477 2645 please me if you have any question about this Gerald Jarsulic _ -7 / 16-bn STRF ET OCATI . 1 I iI i t .._.....___ N MAP SITE City of National City, California *Continued from 5/4/04 COUNCIL AGENDA STATEMENT }} `t„rEETlNG DATE May 18, 2004 AGENDA ITEM NO. 26 ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish A Red ` "No Parking" Zone on the Northeast and Southeast Corner of Wilson Avenue and 19th Street (L. Aguirre, TSC Item No. 2004-19) PREPARED BY Adam J. Landa 336-4580 DEPARTMENT Public Works/Engineering EXPLANATION Ms. Linda Aguirre, of the Neighborhood Council, has requested the installation of a red curb "No Parking" zone at Wilson Avenue and 19th Street. According to Ms. Aguirre, there is a motor home parking there and obstructing the view from vehicles that are entering Wilson Avenue from 19th Street. The speed limit is 25 mph. According to the speed limit and reaction time (see attached chart), the required length of red curb should be ten feet at the northeast and the southeast corner of Wilson Avenue and 19th Street. The Traffic Safety Committee approved staffs recommendation of ten feet red curb on the northeast and southeast corner of Wilson Avenue and 19th Street at their meeting of April 14, 2004. 2 Environmental Review - - NIA Financial Statement N/A Approved By: Finance Director Account N®. STAFF RECOMMENDATION Adopt the Resolution. R�9iiPD i COMMISSION COMMENDATION The Traffic Safety Committee, at its meeting of April 14, 2004, approved the ten feet red "No Parking" zone on the northeast and southeast corner of Wilson Avenue and 19th Street. ATTACHMENTS I Lasted 1. Resolution 2. Staff Report to the TraffiC Safety Committee Resolution No. RESOLUTION NO. 2004 — 87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH 10-FEET OF RED NO PARKING ZONE ON THE NORTHEAST AND SOUTHEAST CORNERS OF WILSON AVENUE AND 19TH AVENUE (L. Aguirre, TSC ITEM NO. 2004-19) WHEREAS, Linda Aguirre of the Neighborhood Council has requested the installation of red no parking zones at Wilson Avenue and 19th Street to prevent parked cars from obstructing the view of vehicles that are entering Wilson Avenue from 19th Street; and WHEREAS, at its meeting on April 14, 2004, the Traffic Safety Committee approved the installation of 10-feet of red no parking zone on the northeast and southeast corners of Wilson Avenue and 19th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish 10-feet of red no parking zone on the northeast and southeast corners of Wilson Avenue and 19th Street. PASSED and ADOPTED this 18th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2004 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE AT THE INTERSECTION OF WILSON AVENUE AND 19TH STREET (BY: L. AGUIIRE) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Ms. Linda Aguiire, from Neighborhood Council, has requested the installation of a red curb "No Parking" zone at Wilson Avenue and 19m Street. According to Ms. Aguiire, there is a motor home parking there and is obstructing the view for vehicles that are entering Wilson Avenue from 19th Street. The speed limit is 25 m.p.h. According to the speed limit and reaction time (see attached chart), the required length of red curb should be 10 feet at the northeast and southeast corners of Wilson Avenue and 19th Avenue. STAFF RECOMMENDATION: Staff recommends the installation of 10 feet red curb "No Parking" zones at the northeast and southeast corner of Wilson Avenue and 19th Street (see location map). EXHIBITS: 1. Action Request 2. Location Map 3. Chart 4. Photos 2004-19 r OFFICE OF THE CITY MANAGER ACTION REQUEST Date: 3/18/04 To Marylou Matienzo, Finance Director Problem At the Neighborhood Council, Linda Aguiire reports that at 19`h & Wilson there is a motorhome that is parked on the corner. It blocks the view of oncoming traffic. Ms. Aguirre suggests that the curb be painted red for 10 ft on all corners. Direction Please refer to Parking Officer for review and follow-up. March 29, 2004 TESS E. L1111FQECO 1 Respond By Assigned To RESPONSIBLE DEPARTMENT Summary of Action or Statement of Response According to Officer Ray Crawford, he has been dealing with this vehicle for a while now. The owner is aware of'the 72-hour regulation. Every time Officer Crawford marks the tires, the owner drives the motorhome to erase the marks, then parks it back on the same spot. Officer Crawford suggests that the matter about painting the curb red should be referred to the PW/Engineering Department. Officer Crawford will continue to monitor the vehicle for parking compliance. �-t Interim ci Final Ci Tickle To: Date Completed: 3/91/0 Department Manager MARYLOU M_ATIENZO DIRECTOR OF FINANCE Signature,, J i r I (;) W 18 Z n 1 - RED CURS CHURCH en Sc:, STR Deceleration Rate d =12.0 feet per second2 Reaction Time r = 1.00 second. Deceleration Distance = ohs dt2 or-Y2 Vt or 2d Deceleration Time = d Detector Setback = Deceleration Distance + Reaction Distance = V2 + Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEED SPEED DEC. TIME DEC. DIST. TOTAL TIME TOTAL DIST. USE Mile Per Hour Feet per Sec. Second Feet Second Feet Feet 2 36.7 3.06 56.1 4.06 92.8 30 44.0 3.67 35 51.3 4.28 5.50 181.5 73.3 6.10 • 223.9 80.7 6.72 271.4 88.0 ` 7.33 322.7 4.67 124.7 125 5.28 160.9 160 410.7 410 City of Nationai City, California COUNCIL AGENDA STATEMENT May 18, 2004 AEETING DATE *Refer to Item #23 AGENDA ITEM NO, 27 ITEM TITLE PREPARED BY EXPLANATION Resolution Authorizing Appropriation of FY 2003/2004 Supplemental Law Enforcement Services Fund. Lt. Keith Fifield 336-4543 DEPARTMENT Police Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the State COPS program, the City of National City was allocated $100,000 as its share for fiscal year 2003/2004. These funds must be expended or encumbered by June 30, 2005, or be remitted to the State Controller for deposit into the General Fund. hi the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. (Continued on page 2) Environmental ReviewXX NIA Financial Statement There is no local match required for these funds. There will be no impact to the General Fund. STAFF RECOMMENDATION Approve the Resolution. Qemiev BOARD! COMMISSION RECOMMENDATION N/A Approved By: Finance Direc Account No. SLESF FY 2003-2004 #208-411-304-248-0000 Acct. Numbers #208-411-304-306-0000 # 208-411-304-316-0000 # 208-411-304-355-0000 # 208-411-304-357-0000 ATTACHMENTS ; fisted Beiow Resolution No. A: Pistol Replacement Staff Report B: Proposed Sergeant Office Drawing Council Agenda Statement Resolution Authorizing Appropriation of FY 2003/2004 Supplemental Law Enforcement Services Fund. Page 2 Explanation (Continued) In prior years, the County Auditor & Controller transferred the funds to the cities without first involving the Supplemental Law Enforcement Oversight Committee (SLEOC). As of last year, the statute requires the SLEOC to certify receipt of an approved expenditure plan from the governing board of that agency, in this case either the Board of Supervisors or the City Councils. After the SLEOC approves the expenditure plan the funds will be transferred to the City. Proposal The National City Police Department and Acting Chief Pauu are therefore submitting a request that the City Council appropriate FY 2003/2004 Supplemental Law Enforcement Services Fund monies per the below requested propossis and request a resolution authorizing the expenditures. This year the Police Department requests authorization to fund two projects that were identified as front line needs within the Police Department that could not otherwise be funded. The first project proposal is the replacement of the Department issued service pistol. In 2003 Lt. Gary Clark prepared a detailed replacement study and staff report regarding the replacement of the current service pistols. The report is attached for review. In 1987 the Department began to transition from revolvers to semi -automatic pistols. The pistol purchased and issued to officers was the 9mm Smith & Wesson Model 5904. The expected service life for these pistols is ten years, which was surpassed in 1999. Our current inventory of pistols includes many that are no longer serviceable. Lt. Clark's report concluded that the Glock 35 and Glock 27 pistols were the best selection to replace our Smith & Wesson 5904 pistols. The current pistols are no longer suitable for police use and they should be replaced as soon as possible before a catastrophic failure of one of the pistols results in the injury or death to an officer or a citizen. This is a large expenditure that would severely impact the general fund since it is not a budgeted item, especially when considering the current budget crisis in California. By utilizing SLESF funds we can meet this pressing safety equipment need without impacting already limited public safety budgets while fulfilling the SLESF requirement to fund front line police services, which include personnel, equipment and programs. The estimated cost to replace our current pistols with the Glock 35 and Glock 27 pistols including all accessories and web gear is $58,500. This price is also based on a $17,550 credit for trading in 90 of the S&W 5904 pistols at a rate of $195.00 each. The second project proposal is the installation and purchase of eight new workstations in the patrol sergeant workspace. The sergeant's office currently consists of four decks, four phones and three computers. The desks only allow for one person to occupy them at a time, the computers are aging and barely adequate, and storage space for files and equipment is at its limit. Eight sergeants assigned to the patrol division share this workspace that, as currently designed, is adequate for four. (Continued on page 3). Council Agenda Statement Resolution Authorizing Appropriation of FY 2003/2004 Supplemental Law Enforcement Services Fund. Page 3 The sergeants as a group identified their work area as inadequate for their needs and requested that the office be updated to include eight separate workstations, each station with a desktop computer and a phone. Sergeants are the backbone of the organization and run the 24hour front line operations of the police department. Their workload and level of responsibilities is very high and with the way their workspace currently functions they often must wait for other sergeants to vacate the workspace to conduct business. After the sergeants made the request to update their workspace, patrol staff committed to identifying a funding source to complete the project. As we were identifying needs of the department to allocate SLESF funds, and after clearly identifying the need to replace the service pistols as the first priority, it became apparent that updating the sergeant's workspace would fit the purposes of SLESF and cost the balance of the SLESF funds. The police department staffviews updating the sergeant's office as a priority that will allow our front line supervisors to provide excellent service to the citizens by modernizing their workspace. Again, given the current status of the State budget crisis this type of project would not be considered through the normal budget process and we see the use of SLESF monies as an opportunity to provide an updated modern workspace to our supervisors that we would otherwise not be in a position to provide. The estimated cost of updating the sergeant's workspace with eight workstations, eight desktop computers, four additional phones, four additional office chairs, two digital audio recorders and wireless network hardware is $41,500. Listed on page four is the requested expenditure budget with account numbers. All amounts include budget for tax and shipping charges and are rounded up for possible cost increases in the purchasing process. See page four. Sole Source Request Sole Source purchasing is requested for several items on this proposal because of City contracts and MOP's that currently exist to purchase these products. Listed below are the items and vendors requested for sole source purchasing. Item: Desktop Computers Workstations and Cabinets Big and Tall Office Chairs Wireless Access Point And LAN Cards Wiring and Phones Vendor: Dell Parron Hal) Parron Hall (Kimball's Competitive Discount Agreement #6529). Haworth/San Diego Office Interior (US Community Contract) MOP Vendors Nexus Integrators (formerly Expanet of California) Council Agenda Statement Resolution Authorizing Appropriation of FY 2003/2004 Supplemental Law Enforcement Services Fund. Page 4 Expenditures Item: (8) Dell Desktop Computers w/monitors accessories and software (8) Workstations & File Cabinets installation and labor (4) Big & Tall Desk Chairs w/arms (4) Telephones and Line Drops (8) Wireless LAN Cards & (1) Wireless Access Point (2) PUMA Police Special Digital Audio Recorders w/accessories and Software (95) Glock 35 Pistols (25) Glock 27 Pistols including all accessories, web gear and $17,500 credit for 90 used S&W 5904 Pistols Cost: $16,000 $19,000 $3,000 $600 $800 $2,100 $58,500 Total = $100,000 Acct. No. 208-411-304-355-0000 208-411-304-357-0000 208-411-304-357-0000 208-411-304-248-0000 208-411-304-306-0000 208-411-304-355-0000 208-411-304-316-0000 RESOLUTION 2004 — 88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF 2003/2004 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes; and WHEREAS, under the COPS program, the City of National City received $100,000 as its share for fiscal year 2003/2004, which must be spent by June 30, 2005, or be remitted to the State Controller for deposit into the General Fund; and WHEREAS, the City Council is required to appropriate existing and anticipated COPS monies exclusively to find front line municipal police services pursuant to written requests from the Chief of Police; and WHEREAS, the City Council pursuant to the recommendation of the Chief of Police has determined that the purchase of the following equipment purchases will be an appropriate expenditure of said grant funds: Quantity Equipment Estimated Cost 8 Dell desktop computers with monitors, accessories $ 16,000.00 and software 8 Workstation and file cabinets $ 19,000.00 4 Big and tall desk chairs with arms $ 3,000.00 4 Telephones and line drops $ 600.00 8 Wireless LAN cards and one wireless access point $ 800.00 2 PUMA police digital audio recorders with accessories $ 2,100.00 and software 95 Glock 35 pistols $ 58,500.00 25 Glock 27 pistols including all accessories, web gear, and $17,500 credit for 90 used S&W pistols $100,000.00 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby designates and therefore appropriates the FY 2003/2004 Supplemental Law Enforcement Services Funds for various police equipment purchases. — Signature Page to Follow — Resolution No. 2004 — 88 Page Two May 18, 2004 PASSED and ADOPTED this 18th day of May, 2004. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ArrAelitme ►-r: A NATIONAL CITY POLICE DEPARTMENT Staff Report Project Plan For: Replacement of the Department Issued Smith & Wesson Model 5904 January 12, 2003 Prepared By: Lt. Gary K. Clark BACKGROUND; The currently issued Department Service Pistol is the Smith & Wesson Model 5904. The Smith & Wesson Model 5904 is a 9mm semi -automatic pistol. These pistols were purchased in 1987 when the Department transitioned from revolvers to semi -automatic pistols. The Range Staff did not recommend the Smith & Wesson Model 5904. The 5904 has a finish that was known to corrode and adjustable sights, which are difficult to maintain, and not needed for a Department issued firearm. The Range Staff bad recommended a Smith & Wesson model with fixed sights in stainless steel or the Glock 17. At the time of transition, the Department chose a 9mm pistol based on an FBI study that suggested the 9mm round was superior. At the same time, nationwide, most police departments adopted the 9mm as their standard caliber firearm. Unfortunately, within one year of that 1987 FBI study, the FBI acknowledged it had erred and began transition to .40 caliber pistols. Many Departments (like NCPD) were unable to finance an immediate change to larger caliber pistols such as a .40 or .45 caliber. The 9mm was not considered the best available round for Law Enforcement, but was acceptable. Since 1987, the FBI has conducted more extensive research into ammunition ballistics and publishes the results every five years. The most current study was published in 1997. The FBI no longer suggests what caliber or ammunition may be the best for Law Enforcement use, it merely provides guidance in setting some minimum recommendations. The expected ten-year service life for the Department issued Smith & Wesson Model 5904 pistols has been surpassed. Our current inventory of pistols includes many that are no longer serviceable. At the time we purchased the Smith & Wesson pistols, Smith & Wesson had factory authorized service representatives throughout the country. Smith & Wesson no longer provides service for their weapons except for repair at the factory or sending officers to their factory gunsmith class. I do not recommend that officers be trained to be gunsmiths for our currently owned, complicated pistols. This makes it a costly and time consuming endeavor to repair weapons. It is therefore recommended that the Department replace the worn out Smith & Wesson pistols during the 2003/2004-budget year. In doing so, I recommend changing to a .40 Caliber Pistol. t NCPD RANGE STAFF RECOMMENDATIONS: S: The first step in this process was sending out a survey to all Range Staff officers. Once the surveys were in, a meeting was scheduled. On November 6d', 2002, the Range Staff met to consider specific recommendations. The Range Staff agreed upon the following minimum specifications: • The pistol magazines should have no less than ten rounds. • The pistol should be easy to use and train with. • The pistol should be easy to maintain by the officer. • The pistol should have night sights. • The pistol should have an incorporated accessory rail. • The pistol material should be resistant to wear. • The pistol should have an excellent warranty. • The pistol should be capable of being serviced "in-house". • The caliber should be either a .40 or .45 caliber. • As much as possible, the pistol should have a grip size that will conform to the majority of the officers on the Department. • The pistol should be extremely reliable. • The pistol should have a consistent trigger pull of a minimum 4.5 lbs, to a maximum 5 5 lbs. • The pistol should not be a "Browning" design. • The manufacturer should have extensive experience in Law Enforcement pistols. • The pistol should be reasonably priced. After two hours of discussion, it was unanimously felt that there was only one firearms manufacturer that could meet the minimum specifications agreed upon. Range Staff recommended the purchase of a Glock pistol for replacement of the Smith & Wesson Model 5904. Since the FBI Ballistics Report had not yet been received, the caliber was not agreed upon at this meeting. However, all Range Staff felt that the selection of another 9mm pistol would not be acceptable. It was felt that a Glock pistol was the best choice for the following reasons: • Reliability. (Glock extensively tested its pistols. Glock test fired over 700,000 rounds through a pistol and simply stopped testing, since further testing would be senseless.) • Reputation. (Several Armies throughout the world, including Austria and Norway, as well as fifty percent of the United States Law Enforcement community are currently using Glock pistols. In 1999 Glock manufactured its two -millionth pistol.) • Ease of use and training. (Glock's safety system eliminates the need to additional training and the trigger pull is the same for every shot.) • Ease of general maintenance. (Glock pistols have less moving parts than others and are easy to break down and clean.) 4 • Ability to train all Range Staff to repair "in-house". " (Glock is the only manufacturer that builds a pistol where parts are completely interchangeable, without having to gunsmith replacement parts. The Annorer's course is a one - day course that currently costs $85.00 per student. The course is routinely offered locally. The number of tools needed to repair a Glock pistol is ONE. In contrast, to qualify an officer as an Armorer for Smith & Wesson pistols the course is several days at their factory and an extensive/expensive tool kit is required.) • Ability to obtain replacement parts. (Our experience with Glock indicates about a three-day wait for parts, in comparison to two to six weeks with other manufacturers.) • Glock's "government " warranty is 40,000 rounds (This is generally accepted to be a guns barrel life. This would roughly equal a thirty plus year warranty at the present ammunition use rate by our officers. Compared to most manufacturers one-year warranty.) • Glock pistols have the highest magazine capacity available, compared to similftr caliber pistols. • The finish on the Glock pistols is rated on the Rockwell scale one level below diamonds. (Staff experience indicates it has the most durable finish experienced on pistols to date. Including aftermarket finishes.) It was determined that the caliber selection should be based on the following two principles: 1. What caliber best meets the needs for defensive firepower, and; 2. What caliber is easiest to control by the average police officer, taking into consideration the recoil and grip size? 5 NCPD SURVEY: To get an idea of what firearms are popular among the rank and file officer for the National City Police Department, I obtained information from the last qualification shoot (Summer 2002). This determined what pistols NCPD officers are currently carrying. The following is the result of that study: Currently carrying: Manufacturer Pistol Caliber Number of Officers Colt 1911 style .45 6 ICimber 1911 style .45 2 Para -Ordinance 1911 style .45 1 Springfield 1911 style .45 1 HK USP40 .40 2 HK USP45 .45 3 Sig Sauer P226 9mm 3 Sig Sauer P229 .40 2 Sig Sauer P220 .45 5 Berretta 92 9mm 3 Berretta 96 .40 2 Smith & Wesson 5904 9mm 12 Smith & Wesson 4506 .45 1 Glock 17 9mm 7 Glock 22 .40 12 Glock 23 .40 6 Glock 21 .45 11 Glock 36 .45 1 (Note: This information does not reflect officers that did not attend the last firearms qualification shoot.) These statistics indicate that out of the (80) listed officers who qualified during the last qualification shoot: • 46.25% are carrying Glock pistols. • 15.00% are carrying the Department issued Model 5904. • The most popular caliber carried is the .45 caliber, being carried by 38.75% of the officers compared to 30.00% carrying the .40 caliber and 31.25% carrying the 9nim ammunition. 6 SAN DIEGO COUNTY LAW ENFORCEMENT AMMUNITION& ISSUED PISTOL INFORM 4TION: Sgt. William Strasen surveyed Police Departments within San Diego County to determine what pistol theyissue and what caliber. He also found that Chula Vista P.D. is the only Department found out of those surveyed that mandates carrying of the issued Department firearm. All of the other agencies responding allowed options for officers to carry pistols purchased by the officers. However, all Departments surveyed required the officer's optionally purchased pistol to be of the same caliber as the Department issuedpistol. The results of Sgt. Strasen's survey is: AGENCY PISTOL CALIBER Chula Vista P.D. San Diego P.D. Carlsbad P.D. Coronado P.D. El Cajon P.D. La Mesa P.D. San Diego S.D. Escondido P.D. Sig Sauer P-226 S&W 5906 Berretta Cougar Glock 22 Glock 22 Glock 22 Glock 22 Sig Sauer P-226 9 mm 9 mm .40 caliber .40 caliber .40 caliber .40 caliber .40 caliber 9 min (Note: Escondido P.D. is in the process of purchasing Glock Model 35s.) Oceanside P.D. Did not respond to our inquiry. (Although not surveyed, the California Highway Patrol, FBI, and the San Diego County D.A.'s Office use the .40 caliber round. NYBI) and U.S. Customs issue Glock pistols.) FBI BALLISTICS STUDY: On December 2, 2002, Charles Willkomm forwarded his range staff report concerning the current FBI Ballistics study. The study (in it's most basic form) suggests that ammunition selection should be based on the size of the projectile (including weight retention) and the penetration capability of the round. It is recommended that a bullet consistently penetrate 12 inches or more and have retained nearly all its weight after striking the object. It also dictates that the larger the bullet, the more damage it will inflict and therefore be more likely to cause quick incapacitation. All three of the currently issued NCPD pistol rounds meet the minimum recommendations suggested by the FBI for penetration and weight retention. The Range Staff felt that either a .40 or .45 caliber pistol would be acceptable for replacement of the 9mm. Both are large, heavy bullets. The .40 caliber issued by NCPD has a much better penetration capability than the .45 caliber, but is known to be less controllable due to a sharper recoil The .45 caliber produces a "softer" recoil due to the round being slower. Since all Range Staff felt that a Glock pistol would be preferable, we invited a Glock representative to NCPD to have several non -range staff officers test fire a variety of pistols and calibers. This "survey" would act as a basis to determine the controllability of the .40 caliber vs. .45 caliber in Glock pistols. Twenty -Four non -Range Staff Officers shot various Glock pistols. Seventeen survey forms were turned in for the Glock Model 35 and Twenty -One survey forms for the Model 21. Several Range Staff Officers were present during the shoot to make inquires of officers concerning controllability and handling. The written and verbal "survey" indicated the Glock 35 (a .40 caliber pistol) with its longer barrel length had about the same recoil as the Glock 21 (.45 caliber pistol). The "survey" also concluded that the grip size of the Glock 35 was smaller than the Glock 21. The Glock 35 would therefore accommodate more officers' hand sizes than the larger gripped Glock 21. Based on the FBI Ballistics study and the in-house Glock "survey" shoot, I recommend that if the Department replaces the Smith & Wesson 5904, we change to the .40 caliber Glock 35 pistol, as the primary issued handgun for the National City Police Department uniformed officer use. However, the Glock 35 is a long pistoL The slide length is 8.15 inches long. This would make it difficult to carry concealed. I therefore recommend the Department purchase the Glock 27 for plain -clothes officers. The Glock 27 is essentially a compact version of the Glock 35 and other .40 caliber Glock pistols. Magazines from the Glock 35 can be used in the Glock 27, yet with the standard Glock 27 magazine, this pistol is very concealable and can be carried in an ankle holster comfortably. Plain -clothed officers would carry the Glock 27 during the time 8 they are assigned a primary assignment involving plain -clothes work. When in a uniformed assignment, the Glock 35 would be carried. Since the magazines for the Glock 35 fit the Glock 27, there would be no need to purchase extra Glock 27 magazines. 9 TACOMA WASHINGTON POLICE DEPARTMENT PISTOL STUDY: Lieutenant Ray Allen obtained information from Sergeant Jenkins, Tacoma Washington Police Department, concerning extensive testing they conducted to determine what pistol Tacoma P.D would issue. Although we are waiting for the written report from Tacoma P.D., Lt. Allen discussed their study and results by telephone. (Lt. Allen has had to formally request the study materials in writing. This has caused a significant delay in receiving the information.) Tacoma Police Department studied various pistols. In particular they looked at the ergonomics of the pistol grips and how well officers liked shooting the various pistols.. The result of their study led them to approve a choice between the Kimber .45 caliber or Glock 22 or 23 pistols (both Glocks are .40 caliber). The Kimber .45 caliber is based on the "Browning" automatic design. It is a cocked and locked .45 caliber pistol. The range staff does not feel this type of pistol would be a wise selection for a Department issued pistol. (The Kimber .45 also costs about $1,000.00 per pistol). The Glock 22 and 23 have the same grip size as the Glock 35. They are essentially the same gun as the Glock 35, with shorter barrels. The Glock 35 uses the Glock 22 frame, but has a longer barrel, making the recoil less aggressive. 10 PISTOL PRICES; Sergeant Murray obtained prices for various pistols from two local firearms dealers. Neither of these dealers is a Law Enforcement dealer for Glock pistols; therefore no information was obtained from these dealers on Glock prices. However, the Glock representative (Paul Pechner) did informally advise Range Staff that the expected cost per firearm would be around $500.00. Glock also offers a buy back program, where our Smith & Wesson pistols could be sold back to Glock. Sgt. Murray obtained the following prices: San Diego Police Equipment Beretta 8045F Cougar No night sights available Extra magazine, 8 rds. HK USP45 Night sights Extra magazine, 12 rds. Ruger KP97DAO Night sights Extra magazine, 8 rds. Ruger KP9OD Night sights Extra magazine, 7 rds Smith & Wesson 4586TSW Night sights Extra magazine, 8 rds. Smith & Wesson 4583TSW Night sights Extra magazine, 8 rds. $639.00 112.00 38.00 $789.00 $770.00 150.00 55.00 $975.00 $430.00 112.00 25.00 $567.00 $419.00 112.00 25.00 $556.00 $730.00 105.00 38.00 $873.00 $719.00 112.00 38.00 $869.00 American Shooting Center Beretta 8045F Cougar Night Sights Extra magazine, 8 rds. HK USP45 Night sights Extra magazine, 12 rds. Ruger KP9DAO Night sights Extra magazine, 8 rds. Ruger KP9OD Night sights Extra magazine, 7 rds. Smith & Wesson 4586TSW Night sights Extra magazine, 8 rds. Smith & Wesson 4583 TSW Night sights Extra magazine, 8 rds. $764.00 150.00 50.00 $964.00 $827.00 150.00 50.00 $1027.00 $495.00 150.00 50.00 $695.00 $539.00 150.00 50.00 $739.00 $942.00 150.00 40.00 $1132.00 $921.00 150.00 40.00 $1111.00 Of the weapons priced, only the HK USP45 met the minimum specifications the range staff suggests for a Department issued firearm. The HK USP45 would be nearly double the price of a Glock pistol. 11 NCPD TEST FIRE: CLOCK PISTOLS; On November 21, 2002, Paul Pechner presented several Giock pistols at NCPD for testing. Officers were allowed to shoot as many rounds as they wished through a variety of models and calibers. Officers were asked to evaluate each firearm they test fired. Ninety evaluations forms were subsequently turned in to Range Staff. Sgt. John Murray collected and evaluated the officer's input. Sgt Murray found, of the full sized Giock pistols fired, most officers preferred either the Model 21 (.45 caliber) or the Model 35 (.40 caliber). The Model 35 (developed in 1997) was found to be a surprise during the test firing. The Model 35 has nearly the same recoil as the Model 21, yet was being shot more accurately by officers. It had been expected that the Model 21 would be more accurate due to reduced recoil involving the .45 caliber round. However the Model 35 has a longer barrel and therefore a longer sight radius and better balance. This results in better accuracy in the same way that a six-inch revolver is more accurate than a four -inch revolver. The Model 35 also has a smaller grip size and would accommodate the majority of the officers on the Department. The large grip size of the Model 21 could cause problems with a number of officers that have smaller hands. The following are the basic specifications of the Glock 35: Caliber Action Slide Length Height Width Sight Radius Barrel Length Magazine Capacity Number of Safeties Trigger Pull .40 Safe Action System 8.15 in. 5.43 in. 1.18 in. 7.56 in. 5.32 in. (15) Standard Law Enforcement magazine 3 4.5 lbs. The following is the basic specifications of the Giock 27: Caliber Action Slide Length Height Width Sight Radius Barrel Length Magazine Capacity Number of Safeties Trigger Pull .40 Safe Action System 6.29 in. 4.17 in. 1.18 in. 5.67 in. 3.46 in. 9 (Standard magazine) 3 4.5 lbs. 12 OPINIONS AND CONCLUSIONS: There is no doubt that the replacement of the Department issued Smith & Wesson pistols is a costly suggestion. My reason for making this proposal is primarily citizen and officer safety. Continued use of firearms that have passed the expected service life is a liability to the citizens, officers and the City. There will be persons that will disagree with the make and model selection. In fact, many Range Officers would prefer to carry other designs, including Heckler & Koch and various "Browning" design firearms. However, all Range Staff Officers agreed that the purchase of a replacement pistol should be based on what is best for the Department and not the individual. Yet individual desires must be taken into account or morale may be severely affected. By studying the FBI Ballistic information, taking into account the Tacoma Washington P.D. study, the San Diego County Community Standards reflected by the survey of San Diego County Law Enforcement Agencies, obtaining input from the Range Staff and Officers throughout the Department, I feel the best selection of pistol for the National City Police Department uniformed service is the Glock 35. For plain clothed officers I recommend the Glock 27 for it's conceal ability. 13 OPE13ATINq PROCEDURE SUQGESTIONS: Should the Department replace the Smith & Wesson Model 5904 it is my recommendation that the Department Operating Procedure be changed. The National City Police Department has always allowed officers to optionally purchase their own weapon and carry it. I agree with this for the following reason: • No single pistol will satisfy every shooter's grip or desire. • This is the Community Standard in San Diego County. I disagree with this procedure for the following reasons: • Having all officers carry magazines that can be used by other officers in an emergency is a legitimate officer safety consideration. • Having officers' carry and train with firearms of the same caliber makes it easier to purchase ammunition. • Having officers carry pistols with interchangeable parts allows for quicker repair should a gun break. • Having all officers carry the same pistol type, allows issuing a replacement pistol the officer is already familiar with, if needed. • Having all offirers carry the same pistol type reduces training time. Currently, most officers carry their own pistol. Officers have invested a lot of their own money into their firearms. I believe the Police Department needs to move toward limiting training ammunition purchase problems associated with officers carrying such a variety of firearms. The range staff agrees the Department needs to move away from having so many different firearms carried by officers, while acknowledging the feelings many have toward carrying firearms they select themselves. I believe a compromise is needed. My suggestion to changing the Operating Procedure is the following: I suggest that with the purchase of Glock pistols, officers that were hired prior to the date of purchase be allowed to select an optional firearm, from the current listed firearms, at their own cost, to carry as their primary service pistol. Officers hired after the date of purchase must carry the Department issued pistol as their primary service pistol. Furthermore, officers hired before the purchase should no longer be allowed to switch from one optional primary service pistol to another. The selection of an optional firearm should be done once and only once. Thereafter, officers carrying optional weapons will either carry their "one time designated optional firearm" or the Department issued firearm. This will allow those officers hired prior to the purchase to keep the firearm of their choice but provide a long-term solution to the problems associated with the current Operating Procedure. 14 Those officers that carry any optional firearm under this recommendation would be allowed to return to the use of their own pistol if it were impounded as evidence or need service. During the time the officer did not have his/her own pistol they would carry a Department issued pistol. I recommend no change in the Operating Procedure that applies to off duty or back-up firearms. 15 PURCHASE RECOMMENDATION: Ronni Zengota has obtained quotes from two different suppliers for Glock Pistols (EEE and LC Action Police Equipment). Ms. Zengota is waiting for a third quote. LC Action Police Supply's quote is based on the trade-in of (90) S&W Model 5904s w/three magazines each. It therefore offers a substantial savings. I would therefore recommend serious consideration of trade-in. Based on LC Action Pistols quote it is possible to trade in our 5904s and equip all NCPD Officers with Glock pistols, holsters, magazine pouches and magazines for $52,796.20. This compares to around $77,000.00 without trade-in. I would also recommend that officers be given an option of uniformed holster. The availability of uniformed holsters for the Glock 35 is limited. Safariland offers three holsters for the Glock 35. They offer a Level I, Level II and Level III holster. I do not recommend a Level I holster for uniformed use. The bids obtained are based on the SSIII Level III holster. Not all officers like this high-level retention holster. The Level II holster offered by Safariland is the model 6280 or 6285. Both of these holsters have the SLS (Self Locking System) with the rotating hood design (This is what CVPD issues). My personal experience with the SLS system indicates that people with short thumbs may not be able to push the rotating hood clear of the sights, thus the pistol will not come out of the holster without moving your hand from the grip to move the hood completely forward. The bids were based on the Safariland SSIII holster. If we were to consider options of holsters we would need to find out exactly how many of each we would be purchasing before moving forward. This has not been done, since a decision by Staff to replace the Smith & Wesson Model 5904 has not yet been made. Attachments: 1. Purchase Quotations. 2. Giock Pistol Information. 3. Holster Information 4. Smith & Wesson 5904 Evaluation. 5. Price Information — Other Pistols. 6. San Diego County L.E. Survey. 7. Tacoma Washington P.D. Information (waiting for report). 8. Range Staff Memos, e-mails and original Range Staff surveys. 9. In-house Glock pistol test results. 10. FBI Ballistics Information. 16 AwrActit -r: B 6036 R 3036A 0< 202 0 M A0 008 5 0 Tn 001 01 002 9C 3l 8OZ FCW36 5YS FB181 d01 WW1 EY196 KEY195 m 51 m KEY 97 0Y20 DO N V 0 O N 007 '9 03 006 n ZE Al 009 NET202 Z9M031 I SYS F8181 ISMS F0181 LFCW36 NEY202 '—paAxX Ir, 9619 19E6189 50R LD LF 36 005 fe 003 004 KET18 m MZb l 804 nl KEY20 02 my EY1ae ® Olb V9 9 An twill V9t09 11h V94 9 j vJco9 116,A Mt l99 09 Fraviog. 5:\DE9GN\D,o ',National Cl1y Police Dept \S090C.ENTS 0f919009069001EEp6P9iceseargen;z0e9 apu.: PLAN reb Il, 2009, 12.1899, Patron Holl Office Interiors is the owner of these drawings and oil i000 , oesions. arrangements, and plans depicted herein. These drawing were created, evolved, and developed by Parton Hall Office Interiors as Instruments f Service in connec0ion with the specified project depicted herein. No part of these drawings m y be used by or, directly or indirectly, disclosed to any other person, firm, or organization for any purpose whatsoever. without the express written consent of Perron Hall Office Interiors. Wrlllen dimensions on these drawings shall have precedence froovertscaled 0:nensl0nd conditionsContractors shall obettresponnsllbller drawing verifying all dimensions an the job. Perron Hall Office Interiors shop be notified In the event of any as —built v rn NATIONAL CITY POLICE DEPT SERGEANT'S OFFICE PROPOSED HALL OFFICE INTERIORS 82a WEST ASH STREET SAN DIEGO, CA 92101.2488 111106E: 619 239 0343 FAX: 019 239 2234 www.parronhall.com PROJECT NO: 04.061 DRAWN 83, TAMMY H 99P0E' 1 /4"=1'-0" DATE: 02.11.04 REVISION: ORDER NO: APPROVED 8Y: DATE: City of National City, California COUNCIL AGENDA STATEMENT .,cETING DATE May 18, 2004 SECOND READING AGENDA ITEM NO. 28 7-ITEM TITLE AN ORDINANCE AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), CHAPTER 8.08 (LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING), CHAPTER 8.16 (DOG REGULATIONS), CHAPTER 8.24 (KENNELS), AND CHAPTER 8.32 (KEEPING OF BIRDS AND ANIMALS) PREPARED BY Rudolf Hradeck i,), DEPARTMENT City Attorney ¢04 (EXT.4222) EXPLANATION Please see attached staff report. Environmental Review X N/A Financial Statement There is no cost to the City. STAFF RECOMMENDATION Adopt ordinance. Approved By: Finance Director Account No. BOARD < COMMISSION RECOMMENDATION N/A TACHMENTS ed Eek w ) Staff Report Strike -out version of ordinance Proposed Ordinance F esoluit ora No, STAFF REPORT ORDINANCE TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO ANIMALS BY AMENDING CHAPTERS 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), 8.08 (LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING), 8.16 (DOG REGULATIONS), 8.24 (KENNELS), AND 8.32 (KEEPING OF BIRDS AND ANIMALS REPORT The revisions proposed to Title 8 of the Municipal Code regarding animal control regulations will enhance public health parameters by improving greater restrictions on the keeping of fowl, and minimize the serious exposure to Newcastles disease, avian flu and West Nile virus. The revisions also make administrative clarifications to Title 8, as well as imposing some new restrictions. Section 8.04.005 adds language regarding control of zoonotic conditions, such as Newcastles disease, avian flu and West Nile virus. 'Section 8.04.015 amends the definitions of "animal", "owner" and "rooster". Section 8.12.010 is amended to require persons owning, handling or possessing a dog to be responsible for licensing compliance. Section 8.16.005 is expanded to address the responsibility of owners and handlers for compliance with dog care and control regulations. Section 8.16.050 incorporates language from Title 12 regarding specific noise control standards for barking dogs, making the process more objective. Section 8.16.060 amends the prohibition against dogs in eating establishments to allow dogs in outdoor seating or serving areas. Section 8.16.070 is clarified to include language applicable to both "dangerous" as well as "potentially vicious" dogs. Section 8.16.100 makes substantive changes to fence height requirements for yards containing dogs. Section 8.16.120 adds substantive provisions applicable to the operation and licensing of attack, guard, and sentry dog businesses. Chapter 8.24 is revised in part to clarify that it applies only to commercial kennels and catteries, and requires operating permits and compliance with zoning laws. Section 8.32.010 is amended to prohibit pigs from being maintained in the City limits, removing the previous exemption for pot-bellied pigs, and prohibits any roosters, in order to remove vectors for avian zoonotic diseases. Section 8.32.015 is amended to prohibit pigs of any size or breed; to limit the number of small rabbits, hens ducks, geese or pigeons to a maximum combination of 20 on property zoned for single-family residential use that is greater than 20,000 square feet in area; and to prohibit roosters (even if surgically decrowed). The section contains editorial revisions to clarify its provisions, and will also prohibit the keeping of chickens in apartments. Section 8.32.020 adds prohibitions on the feeding of feral cats to existing prohibitions on the feeding of other feral or wild animals and birds, except within a coop or house. Noise restrictions on noisy animals are amended to include reference to the specific noise control standards of Title 12. It also limits persons acting as rescue shelters to the number of animals allowed under section 8.32.015. Section 8.32.040 makes the transition provisions affecting the new restrictions and prohibitions applicable on and after July 1, 2004. (Previous exemptions pertaining to restricted/prohibited species imposed by Ordinance 2171 enacted in calendar year 2000, are no longer applicable to exempt any classes of animals that are now being regulated). i Animal Control — 2004 Staff Report Title 8 ANIMALS Chapter 8.04 ANIMAL CONTROL AND IMPOUNDMENT --GENERALLY* 8.04.005 Purpose and intent. It is the purpose and intent of the city council to provide for the administration of animal control services, to maintain public healtb through the restrictions on keeping certain animal species with their attendant diseases and zoonotic conditions including exotic Newcastles disease, avian flu and West Nile virus, and to supplement the provisions of the humane laws contained in the Food and Agricultural Code, the Penal Code and the various miscellaneous laws of the state of California respecting animal control in this title within the city limits. 8.04.015 Definitions. Within this Title 8, the following definitions apply, 1. "Animal" means any dumb creature, including but not limited to any non -human biped or any quadruped, reptile or bird. It includes a "large animal," "large bird," or a dog or cat. 2. "Assistance animal" means any animal trained for and used by a disabled person to assist that person in dealing with his or her disability. It includes an "assistance dog". 3. "Assistance dog" means any service dog, guide dog, signal dog or other dog trained and used by and licensed to a disabled person to assist that person in dealing with his or her disability. Assistance dogs are also described in Food and Agricultural Code Section 30580. It shall also include a dog being trained for such service. 4. "At large" or "run at large" means to be untetered, unleashed, or not confined to the limits of the owner's or handler's property by a fence or enclosure capable of containment, or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. 5. "Cat" means only a domesticated feline (fells domesticus) of either sex. It specifically excludes any feral cat, wild cat, leopard, puma, ocelot, lion, tiger, jaguar, or any other feline considered ferae naturae regardless of its actual or alleged state of domesticity. 6. "Dog" means only a canine (canis familiaris) of either sex. It specifically excludes a wolf (lupine), fox (canid), coyote (canis la trans) or any canine hybrid. 7. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. 8. "Large animal" means any animal, other than a dog or cat, that,attains a body weight at maturity that exceeds twenty-five pounds in weight. It includes, without limitation: horse, mule, donkey, burro, jackass, pony, oxen, cattle (bull, cow or calf), hog, pigs (including potbelly pigs), sheep, goats, any non -human primate (monkey, chimpanzee, ape, simian, etc.), llama, alpaca, dromedary. 9. "Large bird" means any emu, cassowary, ostrich; any turkey, flightless fowl or any other avian exceeding three pounds in weight; or any raptor (hawk, owl, falcon, etc.). 10. "Leash" means a cord or strap of leather, canvas or other strong, non -elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. 1.1. "Not gn a Leash". See "unleashed" 12. "Owner" means a person or entity that has legal title to or the right to dispose of or euthanize an animal. The term may include any person who exercises apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no 1 Deleted:: Deleted: h - - - { Deleted: is expected to Deleted: 0 documentation establishing a legally protected or protectible property right of that person in that animal. When the owner is a corporation or business entity, the acts. liability or omissions of its officers, agents or employees regarding the care, maintenance or control of an animal shall also be imputed to the corporation or business entity, in addition to the liability of the individual responsible for the act or omission. Deleted: 1z 13. "Rooster" means a male chicken regardless ofpge. 14. _Run At Large_. See "at,large." ' feted: size 15. "Small animal" or 'small bird" means any animal or bird that is not a large animal or large ;Deleted: 13 bird. Deleted: 14 ,16. "Stray" means the same as "at large:' 17. "Unleashed" or "not on a leash" means that&dog or other animal is not attached topne end of a leash the other end of which ispeither fastened to a stationary object.por held by a person who,possesses the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained ,does not possess the physical ability to restrain it. Chapter 8.08 LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING 8.08.010 Definitions. The terms "handler, "owner", " "large animal," "large bird," "at large" or "run at large" are as defined in Section 8.04.015. `Deleted: 15 :Deleted: 16 k. Deleted: any I Deleted: a leash, or is attached to `Deleted: not . ' Deleted: or is j Deleted: lacks t Deleted: lacks Deleted: Chapter 8.12 DOG LICENSES 8.12.010 License required. A. Except as provided in subsection B of this section, it is unlawful to own, handle, possess or maintain a dog over the age of four months within the city limits unless the dog is licensed in accordance with this chapter. B. Any person owning, handling, possessing or maintaining a dog over the age of four months shall be exempted from licensing for a period not to exceed thirty continuous days from the dog's first arrival in the city, provided satisfactory proof by way of written declaration under penalty of perjury establishing the date of entry is presented to the animal control officer by the owner or person responsible for the dog. C. ,Any dog licensed in another jurisdiction that remains within the corporate limits of the city for i Deleted: A more than thirty days shall be licensed in accordance with this section. To encourage registration, at the option of the owner a license shall be issued for the duration of any unexpired portion of the previous license upon payment of the transfer fee specified in the National City fee schedule, or a new or original license be issued upon payment of the standard license fee. This option shall be available only during the first thirty days following arrival of the dog in the city. 8.12.030 License tag. A. A numbered receipt bearing a brief description of a licensed dog and a correspondingly numbered metal license tag bearing the expiration date shall be issued with each license granted. The numbered metal license tag shall be firmly attached by the licensee to the collar or harness and shall be worn by the dog for which issued at all times, except when the dog is securely confined on or within the property or vehicle of the owner. B. NO CHANGE Chapter 8.16 DOG REGULATIONS* 8.16.005 Definitions. The terms "handler "'owner', "leash," "run at large," and "unleashed",as defined in Section 8.04.015 are restated for clarity: A. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. B. "At large" or "run at large" means to be untethered, unleashed, or not confined to the limits of the owner's or handlers property by a fence or enclosure capable of containment, or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. C. "Leash" means a cord or strap of leather, canvas or other strong, non -elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. D. "Not On a Leash." See "unleashed." E. "Unleashed" or "not on a leash" means that a dog is not attached to one end of a leash, the other end of which is neither fastened to a stationary object nor held by a person who possesses the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained does not possess the physical ability to restrain it. F. "Owner' means a person who has the legal title to or right to dispose of or euthanize an animal. The term may include any person who exercises the apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. 8.16.020 Dogs at large or unlicensed. A. It is unlawful for an owner or handler of a dog to,allow that dog to run at large within the city limits. A dog is not at Iarge if confined within a motor vehicle. B. It is unlawful for an owner or handler of any dog required by this title to be licensed to suffer, allow or permit such dog to be within the city limits without the license tag issued for that dog, or without a collar or harness around its neck to which is attached the Jicense tag issued pursuant to Section 8.12.030, except when the dog is securely contained in a motor vehicle or upon the owner or handler's property. C. It shall be rebuttably presumed that a person acting as a handler and weighing less than the weight of the dog being restrained lacks the physical capacity to restrain the dog, and thereby prevent it from running at large. D. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care control or custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody or control of the animal. E. . "Owner" means a person who has the legal title to or right to dispose of or euthanize an animal. The term may include any person who exercises the apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. 8.16.030 Trespassing. A. It is unlawful for an owner or handler of a dog to suffer, allow or permit such dog to enter or remain upon any public or private property within the corporate limits without the consent of the city manager for public property or the owner or lessee of.private property. This prohibition applies whether the dog is on a leash or not. Deleted: are - - t Deleted: . J Deleted: suffer, allow or permit such 1 - ( Deleted: metal Deleted: that B. It is unlawful for any person in the actual or apparent control of a dog to allow that dog to I defecate upon the streets, sidewalk4 and other public property or on another's private property without thereafter immediately cleaning up and disposing of the deposited feces in a trash receptacle or other suitable receptacle. If the offending dog is at large and no person claims ownership or control, the dog shall be impounded. I C. It is unlawful for an owner or handler of a dog to fail or refuse to immediately cleanup and dispose of feces deposited by that dog upon any street, sidewalk or public or private property I following notification to the owner or,handler by the owner or person in charge of the property upon which the dog defecated. 8.16.050 Barking dogs. A. It is unlawful for any person to keep, maintain or permit upon any premises under his or her -- ownership or control within the city limits any dog which, by excessive and continuous barking, howling and yelping, or any similar noise, disturbs the peace and comfort of any resident of normal and reasonable sensitivity on neighboring property so as to interfere with their reasonable and comfortable enjoyment of life or property. Any such interference also constitutes a public nuisance. Pursuant to section 12.10.120, a doq that howls, barks or makes a sound characteristic of that breed which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period constitutes a public nuisance. B. AND C NO CHANGE D. In order for a violation to be processed by an animal control officer under either subsection B or C of this section, the following requirements are established: 1. That the complainant has made at least one reasonable verbal or written request to the owner or the person responsible for the custody and possession of the dog to either stop the dog from barking, or to eliminate the cause for the dog's disturbances. (This requirement may be waived for good cause where it may appear that there is a potential and credible threat to the physical well-being of the complainant); 2. That the dog can be heard audibly from an adjoining public right-of-way or at the exterior of any building on any immediately contiguous property adjacent to the property on which the dog is kept; 3. That the dog: (a) was not acting in defense of its property against a trespasser; and (b) was not being provoked by any person other than the owner of the property upon which the dog was situated or the person responsible for the dog. A person who is merely a lawful passerby on a public street or sidewalk shall not be considered a source of provocation; 4. That the barking Constituted a public nuisance as defined in section 8.16.050A; 5. The identity of other witnesses or complainants. E. At the time of a first complaint, the complainant shall be instructed to maintain a log to establish the following: 1. Date and time of barking episodes; 2. Duration of barking; 3. Address of violation; 4. Any factors, or the non-existence of factors, which may have contributed to the barking, I howling or yelping by the doq. F. AND G NO CHANGE. Deleted: Deleted: - Deleted: upon Deleted: 1 Formatted: Justified Deleted: cognizable and be Deleted: and civil Deleted: was of a duration and periodicity as to be disturbing to a person of normal and reasonable sensitivity, or was disturbing to the residents of at least two or more adjoining properties 8.16.060 Dogs in food establishments-- Prohibited. It is unlawful for any owner or handler of any dog other than an assistance dog to suffer, allow or permit it to enter any restaurant, grocery store, milk depot, fruit or vegetable market, meat market or any other place of business in the city where food or foodstuffs of any character used for human consumption is manufactured, sold, served or handled. This prohibition shall not apply ,at an outdoor eating establishment, or seating area. Formatted: Not Highlight 8.16.070 Potentially dangerous or vicious dogs --Regulations and prohibitions. A. This section supplements the definitions, procedures and penalties governing potentially dangerous and vicious dogs contained in Food and Agricultural Code, Sections 31601 through 31683, and Penal Code Section 399.5. The animal control officer is authorized to initiate proceedings under those sections to declare a dog to be potentially dangerous or vicious. The animal control officer shall immediately impound any dog that, by its actions in biting or menacing a human being or other animals, meets the definition of a potentially dangerous or vicious dog. B. It is unlawful and a misdemeanor for any person to maintain a dog within the city limits after it has been adjudicated a potentially dangerous or vicious dog pursuant to proceedings conducted under Food and Agricultural Code Sections 31621 through 31626, or this section. C. NO CHANGE D. Pursuant to the authority of Food and Agricultural Code Section 31621, as an alternative abatement proceeding for a potentially dangerous or vicious dog, the animal control officer may post a notice on the property from which the dog was impounded advising the owner, or its handler when the owner cannot be ascertained, that the dog will be declared a potentially dangerous or vicious dog and be euthanized five business days after its impound or as soon thereafter as is practicable, unless the owner or handler, during the interim, requests an administrative hearing to contest the determination. A duplicate copy of the notice shall be mailed to the owner, or the handler if the owner cannot be ascertained, by certified mail and first class mail with return address. The request for the hearing may be verbal or written, or both. The animal control officer or the head of the department shall immediately cause a hearing to be held following the procedures of Penal Code Section 597.1. Any city officer or official, other than the animal control officer ordering the impound, may conduct the hearing. The hearing shall be informal in nature and the formal rules of evidence shall not apply. The hearing shall be limited to the question of whether the dog is potentially dangerous or vicious, and whether or not the dog should be euthanized or some alternative method for its care and custody be provided. The notice of decision shall be served personally on the owner, or by mail, certified and first class with return address; receipt of either shall constitute service of notice. Failure to receive the notice shall not affect the validity of service or the proceedings. Failure to request the hearing within the time allowed shall constitute a waiver of the right to contest the determination or the euthanization of the dog. The owner or handler shall be liable for all costs and fees pursuant to Section 8.04.030. E. The animal control officer shall order the euthanization of any dog determined to be potentially dangerous or vicious pursuant to this section. Euthanization may occur immediately only upon the waiver of the hearing; otherwise, it may occur only after five working days following the date of the service of the notice of decision under subsection D of this section Apo appeal has been filed with the Superior Court. If an appeal is filed, the dog shall remain in impound pending the decision on the appeal. F. The city attorney is,authorized to file a civil action to abate a potentially dangerous or vicious dog, when appropriate. 1.1crrnatted: Not Highlight Deleted: and Deleted: further 8.16.100 Yard fences required. A. It is unlawful to allow a dog to run loose in any yard in the city unless the yard in which the dog is maintained is fully enclosed with fences and/or enclosures of sufficient height, strength and method of construction to restrain and contain the animal within the yard or enclosure and prevent the animal from escaping therefrom.,Subiect to the height limits prescribed in chapter 18.50 of this code, a fence,shall be considered insufficient to contain,a dog unless,it is at least the greater of four feet in height or the height of the dog to be contained measured at its shoulders plus twelve inches. B.—C NO CHANGE D. Notwithstanding compliance with the height requirements for fencing of section A. no person shall maintain a dog on property where the height of the fence is actually insufficient to prevent the dog from jumping pr leaning over the fence so as to be able to menace pedestrians who are using a public sidewalk or right of way. 8.16.110 Assistance dogs. In general, the regulations of this title as they may relate to assistance dogs and assistance dogs in trainingtshall be interpreted and administered in a way as to afford maximum compliance with the spirit and intent of the Americans With Disabilities Act. 8.16.120 Attack. Guard and Sentry Doq Regulations. This section implements the provisions of "The Dog Act of 1969""as amended, Health and Safety Code sections 121875 through 121945, regulating attack, guard and sentry dogs.. Definitions within the DogAct of 1969, as amended, govern the interpretation and effect of this section., Formatted: Bullets and Numbering . The provisions, requirements and prohibitions contained in the Doq Act of 1969 and in particular the provisions of Health and Safety Code section 121918 are hereby adopted as an Formatted: Not Highlight ordinance of the City of National City. It is unlawful and a misdemeanor for an operator of a Formatted: Not Highlight sentry dog company, or any handler employed by that operator, to fail to observe any of the mandatory provisions or prohibitions contained in Health and Safety Code section 121918 as adopted by this section of the Municipal Code, or any of the requirements of this Title 8 as it applies to dogs. Those provisions of state law which are separately punishable as a violation of state law shall not be deemed adopted by ordinance as a city misdemeanor to avoid state preemption issues, and shall be administered by the animal control officer for regulatory purposes under this Title 8. The Chief of Police, through. the Animal Control Officer as designee, is responsible for implementing the provisions of state law and this code regulating attack, guard and sentry dogs. B. In addition to a business license, any person who owns or operates a sentry dog company shall apply for and obtain a separate sentry dog operator permit to operate within the City of Formatted: Not Highlight National City and shall pay the permit fees established in the National City Fee Schedule prior to posting any dog for assignment within the city limits, This licensing requirement does not apply to the owner or operator of a business or premise who owns and maintains an attack, guard or sentry dog on that specific premise., • I Formatted: Not Highlight C. An application for sentry dog operator permit may be denied for good cause. Good cause shall include the making of a materially false application, the demonstrated failure of the applicant to observe animal control regulations or the state humane laws in this or other jurisdictions, or the conviction of or violation of probation for animal control regulations or the state humane laws in this or other jurisdictions within the state of Calfornia. If denied, no application may be resubmitted for one year, or the successful completion of probation whichever shall be longer. Appeals from denial of application shall be handled under subsection E of this section. f Deleted: A Deleted: may Deleted: if Formatted: Not Highlight , Deleted: , • -I Formatted: Underline Formatted: Indent: Left: 0", First 1 line: 0", Tabs: 0", List tab + Not at Formatted: Underline •.,l Formatted: Not Highlight .."1. Formatted: No bullets or numbering rFormatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight i I Formatted: Not Highlight I Formatted: Not Highlight Formatted Not Highlight ...� D. A sentry doq operator shall notify ,both the Chief of Police and the Fire Chief of .each address within the city of assignment of each attack guard or sentry doq at least 15 days rior to the posting of the dog at that address. This notification requirement shall also apply to any owner or operator of a business or industrial or commercial premise which owns and maintains an attack, guard or sentry doq on that specific premise. E. Permits issued under this section may be revoked., suspended or conditions ofprobation be imposed by the Animal Control Officer for violations of the Dog Act of 1969 or this Title 8. The denial of an application or the revocation or suspension of a permit by the Animal Control Officer may be appealed by anlapplicant or operator in writing to the Chief of Police within ten (10) calendar days from the date of denial, revocation, or suspension of a license or application. The Chief of Police shall appoint an examiner to conduct an informal administrative hearing and make recommendations to the Chief conceminqlhe denial, revocation or suspensiorof a license or application. ,Conditions of probatiorrimposed 41, the Animal Control Officer that are consistent with the Dog Act of 1969 or this Title 8 shall note appealable unless revocation or suspension results from violation of those conditions of probation. Unless appealed, the action of the Animal Control Officer shall be administratively final. If appealed, the decision of the Chief of Police shall constitute the exhaustion of administrative remedy and shall be administratively final. F. Any notices required for administration or enforcement of this section shalt be sent in accordance with section 1.42.030. Chapter 8.24 COMMERCIAL KENNELS and CATTERIES. 8.24.010 Commercial Kennel or cattery. A commercial kennel is as defined in Section 18.04.368. For purposes of this chapter, the term shall also include a commercial cattery where cats are raised or bred for sale or boarded for compensation. 8.24.020 Commercial Kennel and cattery operating permits. A. Commercial kennels and catteries require an operating permit issued by the Animal Control Officer, and must comply with zoning regulations Applications to maintain a commercial kennel or cattery shall be processed$hrough the planning commission. Applications shall be denied if impermissible with the zoning of the property, or, if the operation and maintenance of a kennel or cattery at that location, with due consideration for noise, sanitation and drainage, would be incompatible with, and inimical to, existing uses on contiguous parcels, contrary to public health and welfare. B. Once approved„Lkennel or cattery operating permit,shall be renewed annually by the Animal Control Officer upon payment of the annual licensing fee established in the National City fee schedule, provided the kennel or cattery,continues to be maintained in accordance with Chapters 8.24 and 8.32. (Ord. 2171 § 7 (part), 2000) 8.24.040 Inspection —Suspension and revocation of issued kennel and cattery operating permits. A. NO CHANGE B. A kennel or cattery operating permit may be revoked for any violation of the Penal Code, the Food and Agricultural Code ,pr this title as it relates to the care and custody of animals. The holder of the permit may appeal an order of,fevocationjin accordance with the procedures established in Chapter 1,42 for administrative bearings. C. AND D. NO CHANGE Formatted: Not Highlight fFormatted: Not Highlight t, Formatted: Not Highlight j Formatted: Not Highlight 1 •r Formatted: Not Highlight 1 Formatted: Not Highlight Formatted: Not Highlight I Formatted: Not Highlight . I Formatted: Not Highlight Formatted: Not Highlight I Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight t Formatted: Not Highlight ;[Forma ttedHigh : Not light Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight t Formatted: Not Highlight �.'.� Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight i Formatted: Not Highlight Formatted: Not Highlight ± Formatted: Underline ; Formatted: Not Highlight Deleted: • Formatted: Not Highlight Formatted: Not Highlight '.' Formatted: Not Highlight Deleted: as conditional use permits Deleted: the Deleted: may Deleted: is Deleted: and J Deleted: suspension •: Deleted: upon ten days written notice to the city clerk for a he Til i Deleted: 48 i Deleted: abatement Chapter 8.32 KEEPING OF BIRDS AND ANIMALS* 8.32.010 Prohibitions on keeping animals and birds. A. Except as provided in Section 8.32.015 and in order to protect the public health and welfare and prevent the spread of exotic Newcastle disease, avian flu and West Nile virus , it is unlawful to keep, possess or maintain anywhere within the city limits any of the following animals, birds p_r reptiles. Prohibited animals shall include, without limitation, the following: 1. Any venomous snake, lizard or reptile; 2. Any lizard or reptile, including a nonvenomous snake, exceeding six feet in lengtt><or twenty-five pounds in weight; 3. Any ferret, skunk or polecat; 4. Any lion, tiger, leopard, cheetah, wildcat or other members of the feline family, other than a "cat" as defined in Section 8.04.015, regardless of actual weight or age; 5. Any primate (monkey, chimpanzee, etc.) except a monkey which is trained as a service animal and being used to assist a disabled person in dealing with their disability, provided the monkey does not exceed twenty pounds in weight. 6. Any pig; 7. Any wolf, fox, coyote or similar member of the canid or lupus family or any canine hybrid; I 8. Any rooster{egardless of size or whether it has been surgically de -crowed; 9. Any other large animal that is not a horse, burro, jackass, mule, cow, sheep or goat, llama or alpaca; 10. Any animal or bird whose possession is restricted by federal or state law without a permit. B. The prohibitions on animals in subsection A of this section shall not apply in the case of a traveling circus or camival which has obtained a temporary use permit pursuant to Chapter 15.60 to conduct exhibitions of a temporary nature and duration. Animals shall be securely kept and maintained in enclosures or cages in accordance with applicable humane and sanitary laws. It shall be a condition of any permit that the permit holder will be subject to unannounced inspections. (Ord. 2171 § 8 (part), 2000) 8.32.015 Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any other animal, bird or reptile not prohibited by section 8.32.010, except as follows: 1. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas, or alpacas may be kept, possessed or maintained, either alone or in combination with. each other, not to exceed a total of five combined, on a parcel of land with a minimum of at least a twenty thousand square feet area. g. Any combination of the following classes of animals, not to exceed a total of Twenty (20), with each class limited by a maximum of four adult rabbits, four ch°nchillas,, our hen chickens, four turkeys, four ducks, four geese, or twenty,pigeons may be kept on any property zoned for single family residential use that is greater than twenty thousand (20,000) square feet in area. 3. Domesticated rats or domesticated mice, hamsters or parakeets or small ornamental songbirds, or any combination not to exceed a total of twenty, may be kept in cages or similar enclosures on any property used for residential purposes., 4. Any number of domesticated mice or domesticated rats, hamsters, parakeets or small , combination with other chickens on ornamental songbirds, pr otherpirds or animals not prohibited by section 8.32.010. may be kept j the same parcel, not to otal allowed by subsection exceed the • ided the of r� at any laboratory or pet shop properly located in a zone allowing for such use, p animals are kept under humane sanitary conditions in cages or enclosures which are designed to prevent them from being at large. I „ . A maximum of three dogs and three cats, all over the age of four months, may be kept on r any property used for single-family residential dwelling. 8 Deleted: and Deleted: , I Deleted: including a pot-bellied pig, exceeding one hundred pounds in 1 body weight, or twenty-four inches in height at the shoulder Deleted: that has not Deleted: 1. Only one pig not exceeding one hundred pounds in 'i weight or twenty-four inches in height :1 at the shoulder may be kept on any tract or parcel of land of at least twenty thousand square feet in area.¶ Deleted: 2 -- I' Deleted: 3 :.,t Deleted: thirty :if Deleted: five •i:i Deleted: twenty hamsters ' `. Deleted: twelve J •:i>'i Deleted: pigeons, or twenty 1 parakeets or similar small domestic ornamental or song bird, may f Deleted: The mice or rats may be „1d ;I kept in addition to any other animal r combination allowed by this section ;Deleted: 5 I Deleted: or combination, Formatted: Not Highlight l� 1 Deleted: may Deleted: 5 Deleted: a. Roosters that have been :i surgically de -crowed may only be kept on a parcel of land of at least a twenty thousand square feet area. I The total number of surgically de- i crowed roosters shall not exceed five, and may be maintained in this section.% I b. Surgically de -crowed roosters may be kept in combination with any i other animal or combination of animals regulated and allowed by this f.subsection.% 't Deleted: 7 1 i Z. A maximum of two dogs or two cats, all over the age of four months, or a combination not to exceed two may be kept or maintained in any one dwelling unit located within a mobile home park, multifamily dwelling or apartment or condominium complex, if allowed by the regulations of the owner or condominium association. 79. Large birds not exceeding a total of two may be kept on any parcel exceeding twenty thousand (20,000) square feet pursuant to a permit issued by the animal control officer. Z. In addition to any animals allowed by subsection A of this section, a resident of a dwelling unit located in a mobile home park, multifamily apartment or dwelling or condominium may keep a maximum of two small ornamental birds or song birds, if allowed by the regulations of the owner or condominium association. Except as provided otherwise in this section„po more than three cats,exceeding four months of,rage shall be kept on any parcel of land within the city. 10. Only onelion-venomous snake not exceeding six feet in length or one reptile or lizard not exceeding twenty-five pounds in weight, may be kept on any property, either alone or in combination with any other animal or combination allowed by this section. B. 1. Exemptions to the above limits may be allowed for educational, conservation, religious or preservation purposes upon issuance of an animal permit by the city council or city manager. No permit shall be issued unless it shall affirmatively appear that the increase in numbers or combinations will not adversely affect the public health and safety or be incompatible with uses on contiguous properties. Each permit issued is subject to revocation or nonrenewal, or both, for violations of this title. An annual permit fee as established in the National City fee schedule shall be paid at the time of application and each renewal. 2. Violations of issued permits shall result in the impoundment of any animals, birds or reptiles in excess of the number or species allowed by subsection A of this section, and the revocation of the permit. The permit holder may appeal the permit revocation,in accordance with chapter 1.42, within ten calendar days from the date of revocation to show cause why the permit should not be permanently revoked. Impounded animals shall be kept at the owner's expense during the appeal or pending decision, following which disposition pursuant to Section 8.04.020 shall occur. 3. Violations are also subject to administrative or criminal actions, as appropriate, notwithstanding the revocation of the permit. C. The authority granted by subsection A of this section to keep or maintain animals, reptiles or birds shall not apply on any property, including a mobile home park, condominium association or apartment, where other restrictions or prohibitions on the keeping of animals, birds or reptiles exist, either by regulation, lease, Toning or restrictive covenants. (Ord. 2171 § 8 (part), 2000) ( Deleted: 8 Deleted: 10 i Deleted: 11 i. Deleted: No Deleted: , each - +( Deleted: age, t Deleted: 12 ) i Deleted: reptile, lizard, or J Deleted: to the city council by filing a ! written appeal wit ! i Deleted: h the city clerk `Deleted: or 8.32.020 Conditions of keeping or maintaining permitted animals, birds and reptiles. Except where a prohibition or restriction is specifically made applicable to "any person", it is : Deleted: It unlawful for an owner handler or any other person charged with the keep, care, possession or maintenance of an animal, bird or reptile to fail to comply with the following regulations: A. All dead birds, animals and reptiles, and all manure, feces, feathers, skins and related detritus shall be removed and disposed of in a sanitary manner within forty-eight hours of death or occurrence. Pending disposal, the materials shall be stored in fly tight, air tight containers. B. THROUGH I. NO CHANGE J. Except for cats, no animals shall be allowed to run at large. Notwithstanding, a cat owner shall,control,his or her cat or cats so as to avoid the creation of a public nuisance. Cats at large ( Deleted: attempt to may be trapped by any person using a nonlethal, humane trap and,shall be tumed over to an Deleted: the animal sheltei;or,pn animal control officeixwithin twenty-four hours. The city shall not be Deleted: must responsible for trapping or transportation. K. No feral pigeons or cats at large shall be fed or maintained on any public or private property in the city by any person. In order to prevent attracting wild animals and birds, domestic Deleted: , Deleted: the Deleted: , pigeons may only be fed within a coop on the property of the owner or handler, and cats may only be fed within a residence or an enclosure on the property of the owner. L. No rat or mouse that is being lawfully maintained pursuant to this chapter shall be released or allowed to run at large within the surrounding community. M. No person shall feed any wild bird upon the premises of any restaurant or facility serving or selling food for human consumption. �I. It is unlawful to allow any animal or bird to make excessive and continuous noise which disturbs the peace and comfort of any resident of normal and reasonable sensitivity on neighboring property so as to interfere with his or her reasonable and comfortable enjoyment of life or property. Interference by noise shall also constitute a public nuisance. Pursuant to section 12.10.120, any animal or bird that howls, barks, meows, squawks, or makes a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period is a public nuisance. The procedures set forth in Sections 8.16.050 and 8.16.055 shall be utilized in responding to noise complaints and requests for abatement, in so far as applicable, under this section. O. Persons who are affiliated with animal and avian rescue organizations are restricted to keeping only that number or combination of birds, animals or reptiles allowed by this chapter 8.32 on the property where the operation is conducted notwithstanding the charitable nature of their enterprise. 8.32.040 Transition provisions. The prohibitions and restrictions enacted and made applicable to the possession of animals and birds in Chapter 8.32 pursuant to Ordinance ( ) shall not apply to any animal or bird currently and lawfully owned by a resident of this city until July 1, 2004, after which date the animal shall be immediately removed from the city or be surrendered to the Animal Control Officer for disposition or placement when possible or for destruction when not possible. After July 1, 2004 it is unlawful for any person to possess or maintain an animal or bird in violation of chapter 8.32. This transition provision shall not apply to any bird or animal that was regulated or prohibited by the adoption of Ordinance 2171 in the year 2000, the transition period for compliance having since expired, and for which any prohibition, regulation or restriction is now fully applicable. 10 Deleted: M Deleted: A. No species of animal —1 prohibited by Section¶ 8.32.010 shall be kept or maintained following the date of adoption of that section; provided however that no violation will be charged against any owner or handler who. during the first sixty days following adoption of Section 8.32.010, relinquishes custody of the species to the animal control officer for placement with a zoological society, when possible, or destruction.1 B. The provisions of Section 8.32.015(A) shall be effective and in full force and effect upon the date of I its adoption; provided however, that any person lawfully owning a species regulated by Section 8.32.015 as of that date will be permitted to keep those species, even if in excess of the numbers authorized, for a period not I to exceed two years following the adoption of this ordinance or until the death of the animal, whichever shall occur first, and further provided the owner or handler obtains a permit from the animal control officer which lists by description, species and detail �.._. each animal, bird or reptte owned of the date of adoption of Section 8.32.015(A). Application must be made within the first sixty days following the date of adoption of this ordinance, and the permit shall be renewed annually thereafter upon payment of the fee authorized in the National City fee schedule. Upon the death of an animal, bird or reptile listed in the permit, no replacement shall be allowed until the number or species decreases so as to permit compliance with Section 8.32.015. Failure to obtain the permit within those first sixty days shall render the owner fully subject to compliance with, and enforcement under, Section 8.32.015(A). After two years has elapsed, the permit will not be renewed, and the keeping of all animals, birds and reptiles in the city limits shall thereafter conform to this chapter as to species of animal and -:; number. (Ord. 2171 § 8 (part), 2000) Deleted:11 ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO ANIMALS BY AMENDING CHAPTERS 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), 8.08 (LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING), 8.16 (DOG REGULATIONS), 8.24 (KENNELS), AND 8.32 (KEEPING OF BIRDS AND ANIMALS) BE IT ORDAINED by the City Council of the City of National City that Title 8 of the National City Municipal Code is amended as follows: Section 1. Title 8 of the Municipal Code is amended by amending the Table of Contents to read as follows: Title 8 ANIMALS Chapters: 8.04 Animal Control and Impoundment — Generally 8.85 Large Animals and Large Birds at Large or Grazing 812 Dog Licenses 8.16 'Dog Regulations 8.24 Commercial Kennels and Catteries 8.32 Keeping of Birds and Animals 8.36 Transportation of Animals in Vehicles Section 2. That Chapter 8.04 is amended by amending sections 8.04.005 and 8.04.015 to read as follows: 8.04.005 Purpose and intent. It is the purpose and intent of the city council to provide for the administration of animal control services, to maintain public health through the restrictions on keeping certain animal species with their attendant diseases and zoonotic conditions, including exotic Newcastles disease, avian flu and West Nile virus, and to supplement the provisions of the humane laws contained in the Food and Agricultural Code, the Penal Code and the various miscellaneous laws of the state of California respecting animal control in this title within the city limits. 8.04.015 Definitions. Within this Title 8, the following definitions apply: 1. "Animal" means any dumb creature, including but not limited to any non -human biped or any quadruped, reptile or bird. It includes a "large animal," "large bird," or a dog or cat. 1 Animal Control Ordinance (2004) 2. "Assistance animal" means any animal trained for and used by a disabled person to assist that person in dealing with his or her disability. It includes an "assistance dog". 3. "Assistance dog" means any service dog, guide dog, signal dog or other dog trained and used by and licensed to a disabled person to assist that person in dealing with his or her disability. Assistance dogs are also described in Food and Agricultural Code section 30580. It shall also include a dog being trained for such service. 4. "At large" or "run at large" means to be untetered, unleashed, or not confined to the limits of the owner's or handler's property by a fence or enclosure capable of containment, or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. 5. "Cat" means only a domesticated feline (fells domesticus) of either sex. It specifically excludes any feral cat, wild cat, leopard, puma, ocelot, lion, tiger, jaguar, or any other feline considered ferae naturae regardless of its actual or alleged state of domesticity. 6. "Dog" means only a canine (canis familiaris) of either sex. It specifically excludes a wolf (lupine), fox (canid), coyote (canis la trans) or any canine hybrid. 7. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. 8. "Large animal" means any animal, other than a dog or cat that attains a body weight at maturity that exceeds twenty-five pounds in weight. It includes, without limitation: horse, mule, donkey, burro, jackass, pony, oxen, cattle (bull, cow or an primate calf), hog, pigs (including potbelly pigs), sheep, goats,any (monkey, chimpanzee, ape, simian, etc.), llama, alpaca, dromedary. 9. "Large bird" means any emu, cassowary, ostrich; any turkey, flightless fowl or any other avian exceeding three pounds in weight; or any raptor (hawk, owl, falcon, etc.). 10. "Leash" means a cord or strap of leather, canvas or other strong, non -elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. 11. "Not on a Leash". See "unleashed.°' 12. "Owner" means a person or entity that has legal title to or the right to dispose of or euthanize an animal. The term may include any person who exercises apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. When the owner is a corporation or business entity, the acts, liability or omissions of its officers, agents or employees regarding the care, maintenance or control of an animal shall also be imputed to the corporation or business entity, in addition to the liability of the individual responsible for the act or omission. 13. "Rooster" means a male chicken regardless of age. 14. "Run at Large". See "at large." 2 Animal Control Ordinance (2004) 15. "Small animal" or "small bird" means any animal or bird that is not a large animal or large bird. 16. "Stray" means the same as "at large." 17. "Unleashed" or "not on a leash°' means that a dog or other animal is not attached to one end of a leash the other end of which is neither fastened to a stationary object nor held by a person who possesses the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained does not possess the physical ability to restrain it. Section 3. That Chapter 8.08 is amended by amending section 8.08.010 to read as follows: 8.08.010 Definitions. The terms "handler", "owner", "large animal", "large bird", "at large" or "run at large" are as defined in section 8.04.015. Section 4. That Chapter 8.12 is amended by amending sections 8.12.010 and 8.12.030 to read as follows: 8.12.010 License required. A. Except as provided in subsection "B" of this section, it is unlawful to own, handle, possess or maintain a dog over the age of four months within the city limits unless the dog is licensed in accordance with this chapter. B. Any person owning, handling, possessing or maintaining a dog over the age of four months shall be exempted from licensing for a period not to exceed thirty continuous days from the dog's first arrival in the city, provided satisfactory proof by way of written declaration under penalty of perjury establishing the date of entry is presented to the animal control officer by the owner or person responsible for the dog. C. Any dog licensed in another jurisdiction that remains within the corporate limits of the city for more than thirty days shall be licensed in accordance with this section. To encourage registration, at theoption of the owner a license shall be issued for the duration of any unexpired portion of the previous license upon payment of the transfer fee specified in the National City fee schedule, or a new or original license be issued upon payment of the standard license fee. This option shall be available only during the first thirty days following arrival of the dog in the city. 8.12.030 License taq. A. A numbered receipt bearing a brief description of a licensed dog and a correspondingly numbered metal license tag bearing the expiration date shall be issued with each license granted. The numbered metal license tag shall be firmly attached by the licensee to the collar or harness and shall be worn by the dog for which issued at all times, except when the dog is securely confined on or within the property or vehicle of the owner. B. (No change). Section 5. That Chapter 8.16 is amended by amending sections 8.16.005, 8.16.020, 8.16.030, 8.16.050, 8.16.060, 8.16.070, 8.16.100, 8.16.110, and adding section 8.16.120 to read as follows: 3 Animal Control Ordinance (2004) 8.16.005 Definitions. The terms "handler," "owner", "leash," "run at large" and "unleashed" as defined in section 8.04.015 are restated for clarity: A. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. B. "At large" or "run at large" means to be untethered, unleashed, or not confined to the limits of the owner's or handler's property by a fence or enclosure capable of containment, or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. C. "Leash" means a cord or strap of leather, canvas or other strong, non- elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. D. "Not On a Leash." See "unleashed." E. "Unleashed" or "not on a leash" means that a dog is not attached to one end of a leash, the other end of which is neither fastened to a stationary object nor held by a person who possesses the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained does not possess the physical ability to restrain it. F. "Owner" means a person who has the legal title to or right to dispose of or euthanize an animal. The term may include any person who exercises the apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. 8.16.020 Dogs at Iarge or unlicensed. A. It is unlawful for an owner or handler of a dog to allow that dog to run at Iarge within the city limits. A dog is not at Iarge if confined within a motor vehicle. • B. It is unlawful for an owner or handler of any dog required by this title to be licensed to suffer, allow or permit such dog to be within the city limits without the license tag issued for that dog, or without a collar or harness around its neck to which is attached the license tag issued pursuant to section 8.12.030, except when the dog is securely contained in a motor vehicle or upon the owner or handler's property. C. It shall be rebuttably presumed that a person acting as a handler and weighing less than the weight of the dog being restrained lacks the physical capacity to restrain the dog, and thereby prevent it from running at large. D. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control or custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody or control of the animal. E. "Owner" means a person who has the legal title to or right to dispose of or euthanize an animal. The term may include any person who exercises the apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal 4 Animal Control Ordinance (2004) 8.16.030 Trespassing. A. It is unlawful for an owner or handler of a dog to suffer, allow or permit such dog to enter or remain upon any public or private property within the corporate limits without the consent of the city manager for public property or the owner or lessee of private property. This prohibition applies whether the dog is on a leash or not. B. It is unlawful for any person in the actual or apparent control of a dog to allow that dog to defecate upon the streets, sidewalks and other public property or on another's private property without thereafter immediately cleaning up and disposing of the deposited feces in a trash receptacle or other suitable receptacle. If the offending dog is at large and no person claims ownership or control, the dog shall be impounded. C. It is unlawful for an owner or handler of a dog to fail or refuse to immediately cleanup and dispose of feces deposited by that dog upon any street, sidewalk or public or private property following notification to the owner or handler by the owner or person in charge of the property upon which the dog defecated. 8.16.050 Barking dogs. A. It is unlawful for any person to keep, maintain or permit upon any premises under his or her ownership or control within the city limits any dog which, by excessive and continuous barking, howling and yelping, or any similar noise, disturbs the peace and comfort of any resident of normal and reasonable sensitivity on neighboring property so as to interfere with their reasonable and comfortable enjoyment of life or property. Any such interference also constitutes a public nuisance. Pursuant to section 12.10.120, a dog that howls, barks or makes a sound characteristic of that breed which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period constitutes a public nuisance. B. (No change). C. (No change). D. In order for a violation to be processed by an animal control officer under either subsection B or C of this section, the following requirements are established: 1. That the complainant has made at least one reasonable verbal or written request to the owner or the person responsible for the custody and possession of the dog to either stop the dog from barking, or to eliminate the cause for the dog's disturbances. (This requirement may be waived for good cause where it may appear that there is a potential and credible threat to the physical well-being of the complainant); 2. That the dog can be heard audibly from an adjoining public right-of- way or at the exterior of any building on any immediately contiguous property adjacent to the property on which the dog is kept; 3. That the dog: (a) was not acting in defense of its property against a trespasser; and (b) was not being provoked by any person other than the owner of the property upon which the dog was situated or the person responsible for the dog. A person who is merely a lawful passerby on a public street or sidewalk shall not be considered a source of provocation; 4. That the barking constituted a public nuisance as defined in section 8.16.050A; 5 Animal Control Ordinance (2004) 5. The identity of other witnesses or complainants. E. At the time of a first complaint, the complainant shall be instructed to maintain a log to establish the following: 1. Date and time of barking episodes; 2. Duration of barking; 3. Address of violation; 4. Any factors, or the non-existence of factors, which may have contributed to the barking, howling or yelping by the dog. F. (No change). G. (No change). 8.16.060 Dogs in food establishments —Prohibited. It is unlawful for any owner or handler of any dog other than an assistance dog to suffer, allow or permit it to enter any restaurant, grocery store, milk depot, fruit or vegetable market, meat market or any other place of business in the city where food or foodstuffs of any character used for human consumption is manufactured, sold, served or handled. This prohibition shall not apply at an outdoor eating establishment or seating area. 8.16.070 Potentially dangerous or vicious dogs —Regulations and prohibitions. A. This section supplements the definitions, procedures and penalties governing potentially dangerous and vicious dogs contained in Food and Agricultural Code sections 31601 through 31683, and Penal Code section 399.5. The animal control officer is authorized to initiate proceedings under those sections to declare a dog to be potentially dangerous or vicious. The animal control officer shall immediately impound any dog that, by its actions in biting or menacing a human being or other animals, meets the definition of a potentially dangerous or vicious dog. B. It is unlawful and a misdemeanor for any person to maintain a dog within the city limits after it has been adjudicated a potentially dangerous or vicious dog pursuant to proceedings conducted under Food and Agricultural Code sections 31621 through 31626, or this section. C. (No change). D. Pursuant to the authority of Food and Agricultural Code section 31621, as an alternative abatement proceeding for a potentially dangerous or vicious dog, the animal control officer may post a notice on the property from which the dog was impounded advising the owner, or its handler when the owner cannot be ascertained, that the dog will be declared a potentially dangerous or vicious dog and be euthanized five business days after its impound or as soon thereafter as is practicable, unless the owner or handler, during the interim, requests an administrative hearing to contest the determination. A duplicate copy of the notice shall be mailed to the owner, or the handler if the owner cannot be ascertained, by certified mail and first class mail with return address. The request for the hearing may be verbal or written, or both. The animal control officer or the head of the department shall immediately cause a hearing to be held following the procedures of Penal Code section 597.1. Any city officer or official, other than the animal control officer ordering the impound, may conduct the hearing. The hearing shall be informal in nature and the formal rules of evidence shall not apply. The hearing shall be limited to the question of whether the dog is potentially dangerous or vicious, and whether or not the dog should be euthanized or some 6 Animal Control Ordinance (2004) alternative method for its care and custody be provided. The notice of decision shall be served personally on the owner, or by mail, certified and first class with return address; receipt of either shall constitute service of notice. Failure to receive the notice shall not affect the validity of service or the proceedings. Failure to request the hearing within the time allowed shall constitute a waiver of the right to contest the determination or the euthanization of the dog. The owner or handler shall be liable for all costs and fees pursuant to section 8.04.030. E. The animal control officer shall order the euthanization of any dog determined to be potentially dangerous or vicious pursuant to this section. Euthanization may occur immediately only upon the waiver of the hearing; otherwise, it may occur only after five working days following the date of the service of the notice of decision under subsection D of this section if no appeal has been filed with the Superior Court. If an appeal is filed, the dog shall remain in impound pending the decision on the appeal. F. The city attorney is authorized to file a civil action to abate a potentially dangerous or vicious dog, when appropriate. 8.16.100 Yard fences required. A. It is unlawful to allow a dog to run loose in any yard in the city unless the yard in which the dog is maintained is fully enclosed with fences and/or enclosures of sufficient height, strength and method of construction to restrain and contain the animal within the yard or enclosure and prevent the animal from escaping therefrom. Subject to the height limits prescribed in chapter 18.50 of this code, a fence shall be considered insufficient to contain a dog unless it is at least the greater of four feet in height or the height of the dog to be contained measured at its shoulders plus twelve inches. B. (No change). C. (No change). D. Notwithstanding compliance with the height requirements for fencing of section "A", no person shall maintain a dog on property where the height of the fence is actually insufficient to prevent the dog from jumping or leaning over the fence so as to be able to menace pedestrians who are using a public sidewalk or right of way. 8.16.110 Assistance dogs. In general, the regulations of this title as they may relate to assistance dogs and assistance dogs in training shall be interpreted and administered in a way as to afford maximum compliance with the spirit and intent of the Americans with Disabilities Act. 8.16.120 Attack, Guard and Sentry Doq Regulations. This section implements the provisions of `The Dog Act of 1969", as amended, Health and Safety Code sections 121875 through 121945, regulating attack, guard and sentry dogs. Definitions within the Dog Act of 1969, as amended, govern the interpretation and effect of this section. A. The provisions, requirements and prohibitions contained in the Dog Act of 1969 and in particular the provisions of Health and Safety Code section 121918 are hereby adopted as an ordinance of the City of National City. It is unlawful and a misdemeanor for an operator of a sentry dog company, or any handler employed by that operator, to fail to observe any of the mandatory provisions or prohibitions contained in 7 Animal Control Ordinance (2004) Health and Safety Code section 121918 as adopted by this section of the Municipal Code, or any of the requirements of this Title 8 as it applies to dogs. Those provisions of state law which are separately punishable as a violation of state law shall not be deemed adopted by ordinance as a city misdemeanor to avoid state preemption issues, and shall be administered by the animal control officer for regulatory purposes under this Title 8. The Chief of Police, through the Animal Control Officer as designee, is responsible for implementing the provisions of state law and this code regulating attack, guard and sentry dogs. B. In addition to a business license, any person who owns or operates a sentry dog company shall apply for and obtain a separate sentry dog operator permit to operate within the City of National City and shall pay the permit fees established in the National City Fee Schedule prior to posting any dog for assignment within the city limits. This licensing requirement does not apply to the owner or operator of a business or premise who owns and maintains an attack, guard or sentry dog on that specific premise. C. An application for a sentry dog operator permit may be denied for good cause. Good cause shall include the making of a materially false application, the demonstrated failure of the applicant to observe animal control regulations or the state humane laws in this or other jurisdictions, or the conviction of or violation of probation for animal control regulations or the state humane laws in this or other jurisdictions within the state of California. If denied, no application may be resubmitted for one year, or the successful completion of probation, whichever shall be longer. Appeals from denial of application shall be handled under subsection E of this section. D. A sentry dog operator shall notify both the Chief of Police and the Fire Chief of each address within the city of assignment of each attack, guard or sentry dog at least 15 days prior to the posting of the dog at that address. This notification requirement shall also apply to any owner or operator of a business or industrial or commercial premise which owns and maintains an attack, guard or sentry dog on that specific premise. E. Permits issued under this section may be revoked, suspended or conditions of probation be imposed by the Animal Control Officer for violations of the Dog Act of 1969 or this Title 8. The denial of an application or the revocation or suspension of a permit by the Animal Control Officer may be appealed by an applicant or operator in writing to the Chief of Police within ten (10) calendar days from the date of denial, revocation or suspension of a license or application. The Chief of Police shall appoint an examiner to conduct an informal administrative hearing and make recommendations to the Chief concerning the denial, revocation or suspension of a license or application. Conditions of probation imposed by the Animal Control Officer that are consistent with the Dog Act of 1969 or this Title 8 shall not be appealable, unless revocation or suspension results from violation of those conditions of probation. Unless appealed, the action of the Animal Control Officer shall be administratively final. If appealed, the decision of the Chief of Police shall constitute the exhaustion of administrative remedy and shall be administratively final. F. Any notices required for administration or enforcement of this section shall be sent in accordance with section 1.42.030. Section 6. That Chapter 8.24 is amended by amending sections 8.24.010, 8.24.020 and 8.24.040 to read as follows: 8 Animal Control Ordinance (2004) 8.24.010 Commercial Kennel or cattery. A commercial kennel is as defined in section 18.04.368. For purposes of this chapter, the term shall also include a commercial cattery where cats are raised or bred for sale or boarded for compensation. 8.24.020 Commercial Kennel and cattery operating permits. A. Commercial kennels and catteries require an operating permit issued by the Animal Control Officer, and must comply with zoning regulations. Applications to maintain a commercial kennel or cattery shall be processed through the planning commission. Applications shall be denied if impermissible with the zoning of the property, or, if the operation and maintenance of a kennel or cattery at that location, with due consideration for noise, sanitation and drainage, would be incompatible with, and inimical to, existing uses on contiguous parcels, contrary to public health and welfare. B. Once approved, a kennel or cattery operating permit shall be renewed annually by the Animal Control Officer upon payment of the annual licensing fee established in the National City fee schedule, provided the kennel or cattery continues to be maintained in accordance with Chapters 8.24 and 8.32. 8.24.040 Inspection —Suspension and revocation of issued kennel and cattery operating permits. A. (No change). B. A kennel or cattery operating permit may be revoked for any violation of the Penal Code, the Food and Agricultural Code or this title as it relates to the care and custody of animals. The holder of the permit may appeal an order of revocation in accordance with the procedures established in Chapter 1.42 for administrative hearings. C. (No change). D. (No change). Section 7. That Chapter 8.32 is amended by amending sections 8.32.010, 8.32.015, 8.32.020 and 8.24.040 to read as follows: 8.32.010 Prohibitions on keeping animals and birds. A. Except as provided in section 8.32.015 and in order to protect the public health and welfare and prevent the spread of exotic Newcastle disease, avian flu and West Nile virus, it is unlawful to keep, possess or maintain anywhere within the city limits any of the following animals, birds or reptiles. Prohibited animals shall include, without limitation, the following: 1. Any venomous snake, lizard or reptile; 2. Any lizard or reptile, including a non -venomous snake, exceeding six feet in length or twenty-five pounds in weight; 3. Any ferret, skunk or polecat; 4. Any lion; tiger, leopard, .cheetah, wildcat or other members of the feline family, other than a "cat" as defined in section 8.04.015, regardless of actual weight or age; 5. Any primate (monkey, chimpanzee, etc.) except a monkey which is trained as a service animal and being used to assist a disabled person in dealing with their disability, provided the monkey does not exceed twenty pounds in weight. 6. Any pig; 7. Any wolf, fox, coyote or similar member of the canid or lupus family or any canine hybrid; 9 Animal Control Ordinance (2004) crowed; 8. Any rooster regardless of size or whether it has been surgically de- 9. Any other large animal that is not a horse, burro, jackass, mule, cow, sheep or goat, llama or alpaca; 10. Any animal or bird whose possession is restricted by federal or state law without a permit. B. The prohibitions on animals in subsection A of this section shall not apply in the case of a traveling circus or carnival which has obtained a temporary use permit pursuant to Chapter 15.60 to conduct exhibitions of a temporary nature and duration. Animals shall be securely kept and maintained in enclosures or cages in accordance with applicable humane and sanitary laws. It shall be a condition of any permit that the permit holder will be subject to unannounced inspections. 8.32.015 Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any other animal, bird or reptile not prohibited by section 8.32.010, except as follows: 1. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas, or alpacas may be kept, possessed or maintained, either alone or in combination with each other, not to exceed a total of five combined, on a parcel of land with a minimum of at least a twenty thousand square feet area. 2. Any combination of the following classes of animals, not to exceed a total of twenty (20), with each class limited by a maximum of four adult rabbits, four chinchillas, four hen chickens, four turkeys, four ducks, four geese, or twenty pigeons may be kept on any property zoned for single family residential use that is greater than twenty thousand (20,000) square feet in area. 3. Domesticated rats or domesticated mice, hamsters or parakeets or small ornamental songbirds, or any combination not to exceed a total of twenty, may be kept in cages or similar enclosures on any property used for residential purposes. 4. Any number of domesticated mice or domesticated rats, hamsters, parakeets or small ornamental songbirds, or other birds or animals not prohibited by section 8.32.010, may be kept at any laboratory or pet shop properly located in a zone allowing for such use, provided the animals are kept under humane sanitary conditions in cages or enclosures which are designed to prevent them from being at large. 5. A maximum of three dogs and three cats, all over the age of four months, may be kept on any property used for single-family residential dwelling. 6. A maximum of two dogs or two cats, all over the age of four months, or a combination not to exceed two may be kept or maintained in any one dwelling unit located within a mobile home park, multifamily dwelling or apartment or condominium complex, if allowed by the regulations of the owner or condominium association. 7. Large birds not exceeding a total of two may be kept on any parcel exceeding twenty thousand (20,000) square feet pursuant to a permit issued by the animal control officer. 8. In addition to any animals allowed by subsection A of this section, a resident of a dwelling unit located in a mobile home park, multifamily apartment or dwelling or condominium may keep a maximum of two small ornamental birds or song birds, if allowed by the regulations of the owner or condominium association. 10 ! Animal ContrOi Ordinance (2004) 9. Except as provided otherwise in this section, no more than three cats exceeding four months of age shall be kept on any parcel of land within the city. 10. Only one non -venomous snake not exceeding six feet in length or one reptile or lizard not exceeding twenty-five pounds in weight, may be kept on any property, either alone or in combination with any other animal or combination allowed by this section. B. 1. Exemptions to the above limits may be allowed for educational, conservation, religious or preservation purposes upon issuance of an animal permit by the city council or city manager. No permit shall be issued unless it shall affirmatively appear that the increase in numbers or combinations will not adversely affect the public health and safety or be incompatible with uses on contiguous properties. Each permit issued is subject to revocation or nonrenewal, or both, for violations of this title. An annual permit fee as established in the National City fee schedule shall be paid at the time of application and each renewal. 2. Violations of issued permits shall result in the impoundment of any animals, birds or reptiles in excess of the number or species allowed by subsection A of this section, and the revocation of the permit. The permit holder may appeal the permit revocation in accordance with Chapter 1.42 within ten calendar days from the date of revocation to show cause why the permit should not be permanently revoked. Impounded animals shall be kept at the owner's expense during the appeal or pending decision, following which disposition pursuant to section 8.04.020 shall occur. 3. Violations are also subject to administrative or criminal actions, as appropriate, notwithstanding the revocation of the permit. C. The authority granted by subsection A of this section to keep or maintain animals, reptiles or birds shall not apply on any property, including a mobile home park, condominium association or apartment, where other restrictions or prohibitions on the keeping of animals, birds or reptiles exist, either by regulation, lease, zoning or restrictive covenants. 8.32.020 Conditions of keeping or maintaining permitted animals, birds and reptiles. Except where a prohibition or restriction is specifically made applicable to "any person", it is unlawful for an owner, handler or any other person charged with the keep, care, possession or maintenance of an animal, bird or reptile to fail to comply with the following regulations: A. All dead birds, animals and reptiles, and all manure, feces, feathers, skins and related detritus shall be removed and disposed of in a sanitary manner within forty- eight hours of death or occurrence. Pending disposal, the materials shall be stored in fly tight, air tight containers. B. - I. (No change). J. Except for cats, no animals shall be allowed to run at large. Notwithstanding, a cat owner shall control his or her cat or cats so as to avoid the creation of a public nuisance. Cats at large may be trapped by any person using a nonlethal, humane trap and shall be turned over to an animal shelter or an animal control officer within twenty-four hours. The city shall not be responsible for trapping or transportation. K. No feral pigeons or cats at large shall be fed or maintained on any public or private property in the city by any person. In order to prevent attracting wild animals 11 Animal Control Ordinance (2004) and birds, domestic pigeons may only be fed within a coop on the property of the owner or handler, and cats may only be fed within a residence or an enclosure on the property of the owner. L. No rat or mouse that is being lawfully maintained pursuant to this chapter shall be released or allowed to run at large within the surrounding community. M. No person shall feed any wild bird upon the premises of any restaurant or facility serving or selling food for human consumption. N. It is unlawful to allow any animal or bird to make excessive and continuous noise which disturbs the peace and comfort of any resident of normal and reasonable sensitivity on neighboring property so as to interfere with his or her reasonable and comfortable enjoyment of life or property. Interference by noise shall also constitute a public nuisance. Pursuant to section 12.10.120, any animal or bird that howls, barks, meows, squawks, or makes a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of. 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period is a public nuisance. The procedures set forth in sections 8.16.050 and 8.16.055 shall be utilized in responding to noise complaints and requests for abatement, in so far as applicable, under this section. O. Persons who are affiliated with animal and avian rescue organizations are restricted to keeping only that number or combination of birds, animals or reptiles allowed by this chapter 8.32 on the property where the operation is conducted, notwithstanding the charitable nature of their enterprise. 8.32.040 Transition provisions. The prohibitions and restrictions enacted and made applicable to the possession of animals and birds in Chapter 8.32 pursuant to Ordinance ( ) shall not apply to any animal or bird currently and lawfully owned by a resident of this city until July 1, 2004, after which date the animal shall be immediately removed from the city or be surrendered to the Animal Control Officer for disposition or placement when possible, or for destruction when not possible. After July 1, 2004, it is unlawful for any person to possess or maintain an animal or bird in violation of Chapter 8.32. This transition provision shall not apply to any bird or animal that was regulated or prohibited by the adoption of Ordinance 2171 in the year 2000, the transition period for compliance having since expired, and for which any prohibition, regulation or restriction is now fully applicable. PASSED and ADOPTED this day of , 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: -sue Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney 12 Animal Control Ordinance (2004) /D City of National City, California COUNCIL AGENDA STATEMENT FETING DATE May 1f3, 2004 SECOND READING AGENDA ITEM NO. 29 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 14.04.070 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING' TO COLLECTION OF DELINQUENT SEWER SERVICE CHARGES PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT Please see attached memorandum. City Attorney Environmental Review X N/A Financial Statement N/A Approved By. Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A YTACi-IMENTS c Listed Below ) Memorandum Proposed Ordinance Resohxtior City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: April 22, 2004 FROM: City Attorney SUBJECT: Amendment of Notice Requirement for Collection of Delinquent Sewer Service Charges Sections 5470-5474.10 of the California Health and Safety Code, and Chapter 14.04 of the National City Municipal Code, set forth procedures for the collection of current and delinquent sewer charges on the tax roll. Before such charges may be collected on the tax roll, the City Council must hold a public hearing to consider the amount of charges to be collected on the tax roll, and to give persons to be assessed the opportunity to appear and object to the charges. State law provides that notice of the hearing shall be by publication. Additionally, where charges are to be collected on the tax roll for the first time, written notice shall be mailed to the persons to whom charges will be assessed. Section 14.04.070 C. of the National City Municipal Code also sets forth notice requirements for the public hearing where delinquent charges are to be collected on the tax roll. In addition to the requirements for notice by publication and by mail. Subsection C.2. provides for serviceof the notice in the same manner as a summons is served in a civil court lawsuit. Service of a summons is generally required to be by personal service. In the case where hundreds of delinquent accounts are to be collected on the tax roll, the requirement of personal service imposes an undue burden on the City. Because service of notice in the same manner as service of a summons is not required by state law, it is recommended that Section 14.04.070 C.2. of the Municipal Code be amended to delete this requirement. r -7. GEORGE H. EISER, III City Attorney GHE/gmo Recycled Paper Section 14. as follows: ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 14.04.070 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO COLLECTION OF DELINQUENT SEWER SERVICE CHARGES BE IT ORDAINED by the City Council of the City of National_ City that 04.070 C.2. of the National City Municipal Code is hereby amended to read 2. The City Clerk shall cause notice of the hearing to be published pursuant to Section 6066 of the California Government Code. Additionally, before charges are collected on the tax roll for the first time, the City Clerk shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to said clerk. If the City Council adopts the report, then the requirements for notice in writing to the .persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as herein provided shall be adequate. PASSED and ADOPTED this day of , 2004. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. User, III City Attorney AEETING DATE May 18, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 30 Z-ITEM TITLE PREPARED BY EXPLANATION TEMP USE PERMIT - NATIONAL CITY AUTO HERITAGE DAY Rosi G i rrez 336-4210 Building and Safety DEPARTMENT This is a request from the National City Chamber of Commerce to conduct the Annual National City Heritage Days Annual Parade of Vintage Cars and Auto Show in Kimball Park from 9:00 a.m. to 4:00 p.m., on Sunday, August 1, 2004. The Parade of Vintage Cars will form at 20th and Cleveland Avenue at 8:30 a.m. ending at Kimball Park at 10:00 a.m. There will also be food vendors, live international entertainment, games and local vendors booths. The Chamber is requesting to use the City's P.A. system, stage and the City's 1925 Fire Engine to be on display. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. CEnvironmental Review Financial Statement The City has incurred $1,310.00 in costs: $345.00 for processin a 0. ongh va i a'r;c City tor departments, $300.00 for Public Works and $665 for Parks and Recreation. N/A rry STAFF RECOMMENDATION,�y�\ 1 Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of ail fees. N/A Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Belo Resolution No. Application For A Temporary Use Permit with recommended approvals and conditions of approval. atheritge.doc A-200 (9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: Heritage Days Annual Parade of Vintage Cars and Auto Show DATE OF EVENT: Sunday, August 1, 2004 TIME OF EVENT: 9:00 a.m. to 4:00 p.m. APPROVALS: PLANNING FIRE PUBLIC WORKS FINANCE POLICE PARKS & REC. 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 [ ] YES [x] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: FIRE 336-4550 1. Fire access to be maintained at all times at a width of 20 feet with a vertical clearance of 13"6". 2. Access to be maintained at all times for all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. Site map to be provided showing the layout of the display area, fire access points. 4. 2A:10BC fire extinguishers required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of fifty (50) feet. 5. Provide metal cans and label 'HOT COALS ONLY" for those that barbecue. FINANCE 336-4330 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. 2. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. PARKS & REC. 336-4290 1. Pay for overtime for this event $665.00 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, including product liability coverage. 2. Name the City of National City, its officials, employees, agents and volunteers as additional insureds on all policies. The certificate refers to an endorsement that was not attached. 3. Execute standard hold harmless. 4. If streets are closed off for parade, please provide vehicle insurance, including non -owned vehicles. (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPT. AND NATIONAL CITY TRANSIT HAVE BEEN NOTIFIED) a\heritge.doc Type of Event: _ Public Concert Parade _ Motion Picture Festival Circus Other `XCommuBioa �t ® IN `4 1 pia Event Title: Na '. n a/ C/7r Atai 7 t Ae_ D i NPR Nktl !��i p J J O,�0 Event Location: � �1iirJ jai/' Gi)-�C Event Date(s): Fron 4st4: /72€49to ena abut Total Anticipated Attendance: del 41-n • Li Month/Day/Year / ( x Participants) ( >e Spectators) Fair _ Demonstration _ Grand Opening Actual Event Hours: 9 arr pm to 3/ amOi Setup/assembly/construction Date: ��+/Dy Start time: 7 et. , . Please describe the scope of your setup/assembly work (specific details): _O. of I ct n 1 6i-' "7 ?d s7/`r .ri 'he a frrti et,7- C.ak.c , 4p Am7 SfieW, J-Tajt.. 8- /.'A syr in,4r erg rp'ainrr�on7 Dismantle Date: 1S'/0/ Completion Time: ..5 am) List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. I Gemarac/e n Uih�aGP Garr Cotpa.r aT a-O e- (7/eve-Anti or '30 4,114, 'anet antr ea" /O: OD ra.ire. Nd ,rret r../or.'nq 2C�J'.P qr./ Sponsoring`Organization: NATIONAL CITY CHAMBER OF COMMERCE For Profit / X Not -for -Profit Chief Officer of Organization (Name) .a—ci, •77 . /9 ,44t f At e Applicant (Name): NATIONAL CITY CHAMBER OF COMMERCE c/ Address: ! ,Pi i7 , al l.' j•,. veim/evct,r1,/1/4,72onof C<T C/ 9i7se Daytime Phone: (6/f) 977. 9339 Evening Phone: (679) Y/5•6/,2 % Fax: (6J9)V77-S0J f Contact Person "on site" day of the event: A, M .A:n„e,q an eat'.4-4 *IA4' Pager/Cellular: 392 12„7// ?90 a 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? 2LYES _ NO Are admission, entry, vendor or participant•fees:required? . YES NO If YES, please explain the purpose and provide amount(s) A 2 e sf cra,Ct.€ao7% 4f3G °° aame ,6arti 4 20-°-! mr's.r i en $ J$ 5013 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ /S; 92 S Estimated Expenses for this event. $ 3, S7 S 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 i nf ormation about/the--event. ,,rr-- � Ge/'eprat. 4/Qfior7a/ C/�"J Mille 0721re-AI:r7777. UeAidea• /O s1/ow w//17dale- Ah7.1'vex C/a.rric , Vinta'c, Cccr7erne +Paye- Tars 7 a a/s.r !e1 /tea ni,77 e aan7 0/edi fi p /iM c . �i�e to r vi �/1h. �i »e.< er�7e,-7 /,//nen7 g4ine„r ce", venc/a 4,fa/'7'�da ,r. We-w/Y/ a�.ra ref e,r% -Ci f ./gas re Za�ine- Ti, .64.0reily/al. A Q P7` tr,(Je.- a '• fi/ r / GtJle.r a CNM G`'z/Pr oca7-.4 le-- C8/ ✓.71s^matQ G-Gt e/r - 414 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 saila YES X 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: 6.0//%&D% i Items Ad 64 Iog.tl o®er47ii .l; C47ii[ Commerce.. xYES _ 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. el'ES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies / Sizes Aa X a.0 Teh7` rep only NOTE: A separate Fire Department permit is required for tents or canopiers. YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas / Please describe how food will be served at the event: &a r i c c Me) . a m uYye ,r w ni %a7 a/n Jq s wi /f de .roll �i 7x , /Y. c. (' 44 v4r ,AC®mmetce_ If you intend to cook food in the event area please specify the method: GAS X ELECTRIC K 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 imrpediate area available to the public during the event) .S re, //renal=°cafe ar ea etrank .%a,cr°l.' :c.,s > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity ➢ Canopies or tent locations (include tenticanopy 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/rev/ tc.I Trash containers with lids: by c'Ty Describe your plan for clean-up and removal of waste and garbage during and after the event: Lie 1/ 771e1a wa°ea Please describe your procedures for both Crowd Control and Internal Security: PO t`c.e— dfed' e) v r YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES X 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 whatarrangement.you have made for°providing.First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: •c ee- eARX. ARE'GL Please provide a detailed description of your PARKING plan: Ark,`n q c.k" un dt-- AtrK Please describe your plan for DISABLED PARKING: ?Oki- r"raj ,'a ,. a,'/016 /e, 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: La rs wi �� fc .rent. wc.Ilior'lei pGai clu+ts' 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: / Number of Bands: Type of Music: Cetnni tnr,ty 0 I d'c i®B/ gh0G+,, X YES s NO Will sound amplification be used?/If YES, please indicate: Start time: ,' D a pm Finish Time YES, NO Will sound checks be conducted prior to 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: C '7y s Le A a yrte.177 YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES XNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 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 Non -profit -organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a'waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state The name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization NATIONAL CITY CHAMBER OF COMMERCE Type of Organization SeY'Vi ce_ Organ/ _a.tfd11 —AMA( Pmrr t. (Service Club, Church, Social Service Agency, etc.) �l 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. No (Please proceed to Question 5) 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. /xr ic-iii9ani;, and a ri&rideer w/.// car ar,1.r4�'' in Nan onu C1. . i'cy m41; alto stiy /.7 and Mor No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? x Yes (Please provide an explanation and details. G,--Ln - •Zaa71/a wi'//de. run non 16-d.4^Toryu.nizaf Vas No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X No (P lease sign the form and submit it with the TUP Application) Mar Date a.S 2de A 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. NATIONAL CITY CHAMBER OF COMMERCE Organization Person in Charge of Activity "-Cl/744 A // t y 4 Address '8/ /Yali'erja/ Gi'y ,fau/evarDC Telephone 679. 5177. 9.339 Date(s) of UseAu r ) 02 ao y 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 l.4e�Exrcaf:'ue Official Title /1164.rci 2 s 2Oc!Y Date }-or Ottice Use Onl Certificate of Insurance Approved Date 7 ITEM #31 5/18/04 DISCUSSION OF FEE WAIVERS AT CITY FACILITIES (COUNCIL INITIATED) City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dab - City Clerk (619)336-4226 (619) 336-4229 ,April30, 2004 Susanna Hernandez Peredo c/o The V.I.D.A. Foundation 728 Market Street Suite 12 San Diego CA 92101 Dear Ms. Peredo, ITEM #32 5/18/04 WRITTEN COMMUNICATIONS The Mayor's office has forwarded to me your April 14, 2004 letter and related documents regarding a National City Public Art Committee. You have obviously devoted both time and effort to the Art Committee project. Historically, the City Council has created numerous official Boards and Commissions to address community needs. All official City Boards and Commissions are created by acts of the legislative body (the City Council) through an Ordinance, Resolution, or by Minute action and are subject to City Council established requirements such as duties, application and appointment procedure, residency requirements and terms office. In order for the proposed Art Committee to be an official Committee of the City, it must first be created and approved by the City Council. All Appointments to such a committee would be by the Mayor subject to confirmation by the City Council. Unless a committee is formally created by the City Council, liability and similar issues may preclude use by such a committee of City facilities. Peredo Letter Page Two I realize you are anxious to proceed with the creation of the National City Arts Committee. The most logical step towards that worthwhile goal is for you to have the City Council take the necessary steps to formally consider and approve the committee. Sincerely, Michael R. Dalla, CMC City Clerk MRD File No. 103-7-2