HomeMy WebLinkAbout1998 08-04 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY - AUGUST 4, 1998 - 3:00 P.M.
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE.
INVOCATION
APPROVAL OF THE MINUTES OF THE ADJOURNED MEETING OF JUNE 15,
1998 AND APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JULY
28, 1998.
COUNCIL AGENDA
8/4/98 Page 2
MAYOR'S PRESENTATIONS
Bi-Annual Report to the Council (Port District) -- Jess VanDeventer
PRESENTATIONS
ARJIS Website and CAL -Photo Presentation — Pam Scanlon
PUBLIC HEARING
1. Public Hearing regarding levy of assessments for costs of maintenance --
Landscape Maintenance District No. 1 (LMD) - "Mile of Cars" ""Refer to Item
#9** (Community Development Commission)
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters which are of a routine or
noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of a
Councilmember, a staff member, or a member of the public.
2. Resolution No. 98-97
Resolution of the City Council of the City of National City accepting the work
and authorizing the filing of the Notice of Completion for the El Toyon Park
Scoreshack Rehabilitation Project. Engineering Specification No. 97-11.
(Engineering)
3. Resolution No. 98-98
Resolution of the City Council of the City of National accepting the work and
authorizing the filing of the Notice of Completion for the Sewer Repair Project.
Engineering Specification No. 97-3. (Engineering)
COUNCIL AGENDA
8/4/98 Page 3
CONSENT CALENDAR (Cont.)
4. Resolution No. 98-99
Resolution of the City Council of the City of National City approving the salaries
for NCFFA and NCMEA positions. (Personnel)
5. Resolution No. 98-100
Resolution of the City Council of the City of National City readopting the list of
identified historic sites in National City. (Planning)
6. WARRANT REGISTER #4 (Finance)
Ratification of Demands in the amount of $423,991.35.
7. Claim for Damages -- Hazel Villanueva (City Clerk)
8. Claim for Damages — San Diego Gas & Electric (City Clerk)
NON CONSENT RESOLUTIONS
9. Resolution No. 98-101
Resolution of the City Council of the City of National City confirming the
diagram and assessment and providing for the levy of the annual assessment in
a special Maintenance District. ''Refer to Item #1 *` (Community Development
Commission)
COUNCIL AGENDA
8/4/98 Page 4
ORDINANCE FOR INTRODUCTION
10. An Ordinance of the City Council of the City of National City amending the
National City Municipal Code by amending Title 1, Chapter 1.12 regarding right
of entry for inspection, Chapter 1.20 regarding general penalty, and Chapter
1.36 regarding abatement of a public nuisance. (City Attorney)
NEW BUSINESS
11. Consider joining amicus curiae brief in Lim v. City of Long Beach. (City
Attorney)
—> CITY MANAGER
-� CITY ATTORNEY
-> OTHER STAFF
—> MAYOR
-- CITY COUNCIL
PUBLIC ORAL COMMUNICATIONS (Five -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.
COUNCIL AGENDA
8/4/98 Page 5
NEW BUSINESS (Cont.)
CLOSED SESSIONS
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -
Government Code Section 54956.9(a). City of National City, Community
Development Commission of the City of National City v. State Water
Resources Control Board, et al.
CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section
54957.6.
Agency Negotiator: Personnel Director
Employee Organization: Firefighters' Association
ADJOURNMENT
Next Regular City Council Meeting — August 11, 1998 — 6:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
City of National City, California
COUNCIL AGENDA STATEMENT
August 4, 1998
Refer to Item #9
1
MEETING DATE AGENDA ITEM NO.
i ISM TITLE PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR COSTS OF \
MAINTENANCE — LANDSCAPE MAINTENANCE DISTRICT NO. 1 (LMD) — "MILE OF
CARS"
PREPARED BY
EXPLANATION.
Paul Desrochers
Executive Director
COMMUNITY DEVELOPMENT
DEPARTMENT COMMISSION (CDC)
This is the final public hearing relative to the levy and collection of assessments for costs of
maintenance to the LMD. A public meeting was held on July 29, 1998 in these council chambers for
the purpose of informing the proposed assesses of the cost and how the cost was divided amongst all
property owners in the LMD. Attached to this report is the ORDER OF PROCEDURE for the public
hearing.
Environmental Review N/A
Financial Statement
Maintenance costs for fiscal year 1998-99 operation of the LMD are estimated at $93,500; and, fees to
the property owners range from $332.00 to $6,557. Administrative fees are estimated at $2,000.
Account No.
IMF RECOMMENDATION
Conduct the public hearing per order ORDER OF PROCEDURE.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
1. Legal Notice to property owners
Resolution No.
A-200 (Rev. 9/80)
e principal clerK
STAR -NEWS, a
I circulation, pub-
_Y in the city of
the South Bay
ty of San Diego,
been adjudged a
circulation by the
County of San
ornia, under the
1, Case Number
ce, of which the
copy (set in type
)areil), has been
gular and entire
er and not in any
)n the following
inder penalty of
oing is true and
California 91910
ily , 19 qR
CLERK
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY DECLARING ITS INTENTION TO
PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT,
SETTING A tIME AND PLACE FOR PUBLIC HEARING
THEREON
WHEREAS, the CITY COUNCIL of the CITY OF
NATIONAL CITY has previously formed a special mainten-
ance district pursuant to the terms of the "landscaping and
Lighting Act of 1972," being Division 15, Pan 2 of the Streets
and Highways Code of the State of California, such special
maintenance distinct known and designated as LANDSCAPE
MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (the
"Maintenance District"); and,
WHEREAS, at this time the City Council desired to take
proceedings to provide for the annual levy of assessments for
the next ensuring fiscal year to provide for the costs and ex-
penses necessary to pay for the maintenance of the existing
improvements in such Maintenance District; and,
WHEREAS, there has been presented and approved by
this City Council the Assessment Engineer's Report, as re-
quired by law, and this City Council desired to continue with
the proceedings for such annual levy.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the
City Council of the City of National City as follows:
Section 1. Recitals The above recitals are all true and cor-
rect.
Section 2. Declaration of Intention The public interest and
convenience requires, and it is the intention of this legislative
body, to levy and collect assessmens to pay the annual costs
and expenses for the maintenance and/or service of the exist-
ing improvements for the above -referenced Maintenance Dis-
trict such existing improvements generally descnbed in the
Engineer's Report available at the City Clerk.
Section 3. Boundaries of Maintenance District The exist-
ing improvements are of special benefit to the properties
within the boundaries of such Maintenance Distract, which
Maintenance District the legislative body previously declared
to be the area specialty benefitted by such improvements. For
particulars, reference is made to the boundary map as pre-
viously approved by this legislative body, a copy of which is
on file in the Office of the Clerk of the City Council and open
for public inspection, and is designed by the name of this
Maintenance District.
Section 4. Report of Assessment Engineer The Assess-
ment Engineer's Report, as preliminarily approved by the leg-
islative body, is on file with the City Clerk and open for public
inspection. Reference is made to such Assessment Engi-
neer's Report for a full and detailed descriotion of the exstino
improvements proposed to be maintained, the boundaries of
the Maintenance District, and the proposed assessments
upon assessable lots and parcels of land within the Mainten-
ance District.
Section 5. Assessments All costs and expenses of the
maintenance and incidental expenses have been appor-
tioned and distributed to the benefitting parcels in accordance
with the special benefits received from the proposed work. No
assessments on any parcels within the Maintenance district
are to be Increased from those as previously authorized to be
levied within the Maintenance District.
Section 6. Public Hearing Notice is hereby given that a
public hearing is hereby scheduled in the regular meeting
Place of this legislative body located at 1243 National City
Boulevard, National City, California. on the following date
and time:
August 4, 1998 at 3:00 p.m.
At that time the legislative body will consider and finally de-
termine whether to levy the proposed annual assessment,
and to hear all oral protests and receive all wrinen protests re-
lating to the proposed annual assessment: and any and all
person interested may file a written withdrawal of that protest
prior to the conclusion of such hearing. Any such wrinen
protest must state all grounds for objection. A written protest
by a protest by a property owner must contain a description
sufficient to identify the property owned by such person, e.g.,
assessor's parcel number.
There will be an additional Public Meeting on July 29,
1998. at 590 p. m. in the council chambers. Those property
owners who denim to meet with city staff regarding the pro-
posed assessment may attend this meeting.
Any interested person may mail a protest to the following
address:
City Clerk
City of National City
1243 National City Uoulevard
National City, CA 91950
To be mnsioered by the legislative body, all protests must
be received prior to the conclusion of the public hearing. A
postmark poor to such date and time will not be sufficient.
Section 7. Notice of Public Bearing The City Clerk is au-
Ihonzed and directed to give nonce as required by law by
causing a copy of this Resolution to be published in a news-
paper of general circulation within the City of National City:
such publication to be completed not less than ten (10) days
prior to me date set for the public heanng.
Section 8. Proceedings Inquiries For any and all informa-
tion relating to these proceedings, including information relat-
ing to protest procedure, your attention is directed to the per-
son designated below:
PAUL DESROCHERS, EXECUTIVE DIRECTOR
COMMUNITY DEVELOPMENT COMMISSION
CITY OF NATIONAL CITY
140 EAST 12th. SUITE B
NATIONAL CITY. CALIFORNIA 91950
ORDER OF PROCEDURE
CITY OF NATIONAL CITY
LANDSCAPE MAINTENANCE DISTRICT NO. 1
DATE OF PUBLIC HEARING: August 4, 1998
MAYOR:
Announce that this is the time and place fixed for the public hearing
relating to the levy of the annual assessments for costs of maintenance of
improvements for LANDSCAPE MAINTENANCE DISTRICT NO. 1
CITY CLERK: Announce that notice has been given in the manner and form as required
by law.
STAFF:
Provide description of boundaries of District
Explain extent of maintenance work
Present and summarize the Modified Engineer's Report
Explain method and formula of assessment spread
END OF STAFF REPORT - - OPEN FOR PUBLIC DISCUSSION
MAYOR: ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR
PROPERTY.
First, ask to hear from those persons who wish to speak in opposition to
the following:
- Boundaries of the District
- Extent of works of maintenance
- Method of assessmerr. spread
Next, ask to hear from anyone who wishes to speak in favor of the
proceedings.
MAYOR: Declare Public Hearing CLOSED.
ASSESSMENT
ENGINEER: Report the tabulation of the protests to the City Council
IF THE LEGISLATIVE BODY WISHES TO PROCEED:
CITY COUNCIL:
Adopt RESOLUTION CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL
ASSESSMENT: This is the formal action to confirm the diagram and
assessments.
***
Finana4tatenj
from Purchase
4057.
City of National City, California
COUNCIL AGENDA STATEMENT
August 4, 1998
MEETING DATE AGENDA ITEM NO
K uuu11ur'T I�CC�Yi Tt� i. crhiGm FI. IPvG
% ITE ipTIT NOTICE OF COMPLETION FOR THE EL TOYON PARK SCORESHACK
REHABILITATION PROJECT, SPECIFICATION NO. 97-11
PREPAREDJames Slade
BY
DEPARTMENT
Engineering
2
EXPLANATION_
On February 10, 1998, by Resolution No. 98-15, the City Council
awarded a contract in the amount of $126,609.00 to Famania
Construction for the Score Shacks Rehabilitation Project.
On July 29, 1998, the final inspection was conducted and the work
was found to be completed in accordance with the approved plans and
specifications at a final cost of $130,525.00 which included
$3,916.00 in change orders. The increase due to change orders
was for the addition of modified prefabricated security screens for
the rolling shutters, service sinks complete with faucets, hot
water heaters and cabinets, and the replacement of a waterline and
some additional electrical work. All of these items were not
originally included in the contract.
It is recommended that the project be accepted, change orders
approved, and the Notice of Completion be filed.
Environmental Review N/A
The original contract was awarded for $126,609.00,
contract ost was $130,525.00. Funds are available
Order o B49844 and Account No. 301-409-500-598-
STAFF RE 0 ME DA 0
A opt ne eso u horizing
filing of the Notice of Completion
BOARD/COMMISSION RECOMMENDATION
N/A
Acr,,,aiWNo.
he accepta .c of work and the
ATTACHMENTS (Listed Below) Resolution No 98-97
1. Resolution 3. Nctice oz completion
2. Contract Final Balance 4. Location Map
4.1_o �,_
as follows:
RESOLUTION NO. 98 — 97
RESOLUTION OF IHE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ACCEPTING THE WORK
AND AUTHORIZING ME, FILING OF HIE NOTICE
OF COMPLETION FOR 1HE EL TOYON PARK
SCORESHACK REHABILITATION PROJECT
Engineering Specification NO. 97-11
BE IT RESOLVED by the City Council of the City of National City, California,
It appearing to the satisfaction of the Engineering Department that all work
required to be done by Famania Construction, Engineering Specification No. 97-11, for the El
Toyon Park Scoreshack Rehabilitation Project has been completed, the City Council of National
City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that
payment for said work be made in accordance with said contract.
PASSED and ADOYIED this 4th day of August, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Da11a, City Clerk
APPROVED AS TO FORM:
1/)4g04`4Zir
George H. Eiser, III
City Attorney
CONTRACT FINAL BALANCE
SPECIFICATION NO. 97-11
DATE: 7/30/98
PROJECT NO.
FINAL INSPECTION DATE: 7/29/98
COMPLETION DATE: 7/29/98
PROJECT: SCORE SHACKS REHABILITATION
TO (CONTRACTOR): FAMANIA CONSTRUCTION INC.
YOU ARE HEREBY REQUESTED TO COMPLY WITH THE FOLLOWING CHANGES
FROM THE CONTRACT PLANS AND SPECIFICATIONS.
ITEM
NO
ITEM DESCRIPTION
UNIT
UNIT
PRICE S
ORIGINAL CONTRACT
+ INCREASE
- DECREASE
TOTAL TO DATE
QUANTITY
AMT. S
QUANTITY
AMT.
S
QUANTI-
TY
AMT. S
DEMOLISH PORTIONS
OF THE EXISTING
LEAGUE BASEBALL
SCORE SHACK
(BUILDING). AND
RECONSCTRUCT THE
SCORE SHACK PER
THE CONSTRUCTION
PLANS. CONSTRUCT
RETAINING WALL.
INCLUDING ALL
WORK.
DEMOLISH PORTIONS
OF THE EXISTING
LEAGUE FOOTBALL
SCORE SHACK
(BUILDING). AND
RECONSTRUCT THE
SCORE SHACK PER
THE CONSTRUCTION
PLANS. CONSTRUCT A
RETAINING WALL.
INCLUDING ALL
WORK.
LS
-0-
-0-
I
SI26.609.00
S126.609.00
I
S126.609.00
SI26.609 00
TOTAL
LS
I
SPECIFICATION NO. 97-11
ITEM
NO
ITEM DESCRIPTION
UNIT
UNIT
PRICE
S
ORIGINAL
CONTRACT
- NCREASE
- DECREASE
TOTAL TO DATE
OUAN-
.EMT.
QUAN-
AMT. S
()LAN-
.NMT S
TITY
S
TITY
TITY
EXTRA WORK
CONTRACTOR REPLACED
US
625. 0
L S
-S625.00
LE
5625 _0
ELECTRICAL FEEDER CONDUIT
LEADING INTO BASEBALL
SCORESHACK PANEL BOX
JUSTIFICATION
EXISTING FEEDER CONDUIT WA
CORRODED EXPOSING
ELECTRICAL WIRING
''.
CONTRACTOR REPLACED
LS
325.00
LS
-S325.00
LE
332: -0
WATER SUPPLY LINE LEADING
INTO FOOTBALL SCORESHACK
JUSTIFICATION
EXISTING WATER SUPPLY LINE
CORRODED AND NEEDED
RELOCATION FOR IMPROVED
ACCESSIBILITY INTO BUILDING
CONTRACTOR FABRICATED AND
LS
400. 00
LS
-5400.00
T S
INSTALLED (2) SECURITY
SCREENS FOR FIRST FLOOR
ROLLING SHUTTERS
JUSTIFICATION
TO PROTECT ROLLING
SHUTTERS FROM VANDALISM
CONTRACTOR REPLACED i I)
LS :
, 566. CC'
LS
-52.566.00
LS
S2.5.2-'-
SINK AND INSTALLED
ASSOCIATED FAUCET. BASE
CABINETS AD (2) HOTv ATER
HEATERS FOR EACH BUILDING
JUSTIFICATION
EXISTING SINK AND HOT WATER
HEATERS CORRODED. BASE
CABINETS DI_TERIOR:IFE0
1VI.
SI26.6o))) ()
[he sum of S3,916.00 hereby/to the total contract price, and the total contract price to date thereby is S130,525.00. The total time
;provided for completion in the contract is unchanged. Therefore, the contract time remains unchanged. 45 working days. This
locument shall become an amendment to the contract and all provisions of contract will apply thereto. The Contractor accepts
:his Final Balance as full compensation for additional work and any delay to the project caused by all of the Change Orders.
Date: 7/71/%F
Prepared by:
f\
-Accepted: /
'Contractor'
Approved bv:
Resolution No.
CFB
✓'_/ /7.
Signature
Date:
Tide: n: v ,•
Date: 7/f) 0/%
Date:
CONTRACT CHANGE ORDER
SPECIFICATION NO. 97-1 1
CHANGE ORDER NO. 1
DATE: 6/19/98
PROJECT NO. 4057
PAGE 1 OF 2
PROJECT: SCORESHACKS REHABILITATION
TO: (CONTRACTOR): FAMANIA CONSTRUCTION. INC.
YOU ARE HEREBY REQUESTED TO COMPLY WITH THE FOLLOWING CHANGES
FROM THE CONTRACT PLANS AND SPECIFICATIONS:
ITEM
NO.
(1)
DESCRIPTION OF CHANGES --QUANTITIES.
UNITS. UNIT PRICES, CHANGE IN
COMPLETION SCHEDULE AND
JUSTIFICATION
(2)
DECREASE
IN
CONTRACT
PRICE
(3)
INCREASE
N
CONTRACT
PRICE
(4)
1.
Contractor replaced electrical feeder conduit leading into
baseball scoreshack panel box .
5625.00
JUSTIFICATION
Existing feeder conduit was corroded exposing electrical
wiring.
2
Contractor replaced water supply line leading into football
scoreshack.
S325.00
JUSTIFICATION
Existing water supply line corroded and needed relocation
for improved accesibility into building.
3
Contractor fabricated and installed (2) security screens for
first floor or rolling shutters.
S400.00
JUSTIFICATION
To protect rolling shutters from vandalism.
4
Contractor replaced (1) sink and installed assocated faucets.
base cabinet and (2) hot-water heaters. For each building.
S2.566.00
JUSTIFICATION
Existing sink and hotwater heaters corroded. Base cabinets
deteriorated.
CHANGE IN CONTRACT PRICE DUE TO THIS
CHANGE ORDER: S
S
TOTAL DECREASE:
S u 00
XXXXXXXX
TOTAL INCREASE: S
XXXXXXXX
S3.916.00
DIFFERENCE BETWEEN COLUMN (3) AND (4)
S 0.00
S3.916.00
NET (INCREASE)
S 0.00
S3.916.00
CONTRACT PRICES
S G0.5_=.00
)RIGINAL CONTRACT PRICE: S126.609.00
THE SLAI OF S _ .0! (1.00 IS HEREBY ADDED TO THE TOTAL CONTRACT PRICE. THE TOTAL
ADJUSTED CONTRACT PRICE TO DATE: Si ;0.52.5.00
THE TI\IF. PROVIDED FOR CO\IPLETION IN THE CONTRACT RE\IAINS UNCHANGED: -(5
CONTRACT CHANGE ORDER
SPECIFICATION NO. 97-11 DATE: 6/19/98
CHANGE ORDER NO. 1 PROJECT NO. 4057
PROJECT: SCORESHACKS REHABILITATION
TO: (CONTRACTOR): FAMANIA CONSTRUCTION. INC.
PAGE 2 OF 2
WORKING DAYS. THE DOCUMENT SHALL BECAME AN AMENDMENT TO THE CONTRACT
AND ALL PROVISIONS OF THE CONTRACT WILL APPLY HERETO. THE CONTRACTOR
ACCEPTS THIS CHANGE ORDER AS FULL COMPENSATION FOR ADDITTIONAL WORK AND
ANY DELAY TO THE PROJECT CAUSED BY THIS CHANGE ORDER.
THIS CHANGE ORDER WAS REQUESTED BY THE (CITY)
PREPARED BY: JAMES SLADE DATE: 6/19/98
1, h,./ = THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL
CONSIDERATION TO THE CHANGES PROPOSED AND HEREBY AGREE. IF THIS PROPOSAL
IS APPROVED, THAT WE WILL PROVIDE ALL EQUIPMENT, FURNISH ALL MATERIALS.
EXCEPT AS MAY OTHERWISE BE NOTED ABOVE, AND PERFORM ALL SERVICES
NECESSARY FOR THE WORK ABOVE SPECIFIED. AND WILL ACCEPT AS FULL PAYMENT
THEREFORE THE PRICE SHOWN ABOVE.
ACCEPTED BY
i
CO ACTORS SIGNATURE/'
�//
APPROVED BY: ,��/:!�� ��/
CITY ENG'I?v'EIrT.
APPROVED BY
CITY MANAGER
RESOLUTION NO.
DATE:
TITLE: : v
DATE: 7/1v, %
DATE:
DATE:
Famanist Construction, Inc.
General Contractor CSCL4558687
3241 Olive Street National City, Ca. 91950
Plat 267-3440 Faxt 267-3680
Cost Proposal #2 4/23/981
Project El Toyon Park Score Shacks Rehabilitation Project
Owner City of National City
Architect In House
Project No. 97-11
Type of Work Electrical
Upon acceptance of work we are hearby authorized to make the following changes in our work on
the above caption project, it is being understood that this change be excused under the
terms and conditions of our contract
Description of work:
Repair feeder conduit to baseball score shack that corroded and shorted the wire. Intercept conduit outside
building, set pullbox and new wire to panel.
1 Lump Sum $625.00
Contract time will be decreased by -1 - Calendar day beyond any day set forth.
,
ivwz� Accepted By: .Date: 2d 4 - , L �18
James O. Slade T
ity of National Gty Engineer Departme
Page 1
Famania Construction, Inc.
General Contractor CSCLt558687
3241 Olive Street National City, Ca. 91950
Ph/ 267-3440 Fax/ 267-3680
Date...
CTY uF V'TJo.V
AL Cm,
E !;J:^, DE°r.
U is yip
Cost Proposal #3
Project El Toyon Park Score Shacks Rehabilitation Project
Owner City of National City
Architect In House
Project No. 97-1 1
Type of Work Plumbing
4/24/981
Upon acceptance of work we are hearby authorized to make the following changes in our work on
the above caption project, it is being understood that this change be excused under the
terms and conditions of our contract
Description of work:
Re -wrought water supply line from shut off valve outside building, to supply sink & drinking fountain
1 Lump Sum $325.00
Contract time will be decreased by -1- Calendar day beyond any day set forth.
Accepted By:\
James O. Slade
City of National City Engineer Department
Date_ .41/79!CI
Page 1
F:imania Cons-iruction_ Inc._
General Contractor CSCZ:558687
3241 Olive Street National City, Ca. 91950
Ph; 267-3440 Fax; 267-3680
Cost Proposal
#9 Revised 6/18/981
Project Ei 'rayon Park Score Shacks Rehabilitation Project
Owner City of National City
Architect In House
Project No. 97-1 1
Type of Work Misc.
Upon acceptance of work we are hearby authorized to crake the following cnranges in our work on
the above caption project, it is being understood that this change be excused under the
terms and conditions of our cnrrtract_
Description of work:
1.) Provide & install One (1) Stainless steel sink & faucet, base cabinet with doors and counter tops.
two (2) 6 gal water heaters, also provide new designated electrical lines per water heater,
at both baseball and football score shacks.
1 Lump Sum
d es ric c c_e
--e work described above. _lease le-,
hori - _work.
$2,566.00
L
c- -
C3�r
r v_c±._ _r s ^c
Contract t;r,e •.veil be increased by -3- Calendar day bevene any day set `,., ,...
cobv serve as
Accented
Howard Moyle, Sr Construction Inspect
C:tv of National City Encineer Debarment
Date:
=ace
Date: June 10. 199E
To:
Famania Ccr,struc:ion Co.
3241 Olive Street
National City, Ca 919';0
Fax Number:
2F_- c0
-N: Oscar Famania
From: Howard MayIe, Sr Construction Inspector
City of National City
Our Phone: (619) 336-4380
Fax Phone: (619) 336-4376
No. of pages including cover page:
I
Engineering
Department
Message: r',C'eeC ..Ce Change Order for construction of Security SoresT `Or
Shacks. The City acrees to a lump sum chance of S 400.00 Total for the -a_ ca:icn of . eouncli
screens at the two score shacks. This orange shall include all cost incur ec or the . ___-a
and eouicment recuire::c construct and Install the new security with Se'V;, o ..^,COLAS a
City Esneer curing is"Ver sa i on this daze.
Iou have any the content of the F.AX please call me a:
/Howard v a ie. Cr Corsiruc: n
Please call if you experience any transmission problems.
the
IFCDRDING REQUESTED MY
WHEN ILCCIIDED MAIL TO
MAlQ CITY OF NATIONAL CITY
AO.Es 1243 NATIONAL CITY BLVD.
Qrr.
rrATE* i. NATIONAL CITY, CA (! ("-)
(space above this line for recorder's use)
NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on J,u r 29
EL TOYON PARK SCORESHACKS REHABILITATION PROJECT
. 19 98. of the
Work of improvement or portion of work of improvement under constriction or alteration.
on thepremiseslocatedat 2005 EAST 4TH STREET
Street Address City State Zip Code
The undersigned owns the following interest or estate in said property:
N,
A
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
FAMANIA CONSTRUCTION, INC.
Name of Original Contractor
The following work and material were supplied: CONCRETE, CONCRETE BLOCK,
General statement of :kind or labor. services. equipment or materials
STRUCTURAL WOOD, ROOF MATERIALS, TRUCKS, AND MIKER.
Tne names and addresses of co -owners are: N iA
Dated: . 19
Joint tentants. tenants in common. or other owners
Signature of Owner
City of National CiR. 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 per;ur: that the forgoing
is :rue and correct.
Executed on . 1 c . at
Califorata.
S ar.atura:
GEORGE ;. YV'.-\�L-RS.
- 1'ILJ ()5ZI)
71°OS' N''w 1
s�
1-1 71 ° 3Z' 3111 P. ,.(T16!. °' )
(1,171° I'-i 1011 -'71G'.4'1' -)
1i• LI
60$44,7-a jcr hVA-'_,7,
(,- C r, ri: "Ali. 1 1/.,• .
S710
' '7.
FOURTH
STREET
City of National City, California
COUNCIL AGENDA STATEMENT
August 4, 1998
MEETING DATE AGENDA ITEM NO.
Kfl5ULU11U1V til.l..uCi11VV ifl j ✓v )K'S' n1NL nv liiv i�i u.i. Avv li1L i ii..v ..,
% ITE TITrIAE NOTICE OF COMPLETION FOR THE SEWER REPAIR PROJECT
SPECIFICATION NO. 97-3
3
Din Daneshfar
PREPARED BY
EXPLANATION.
DEPARTMENT
SEE ATTACHMENT
Engineering
Environmental Review N/A
The original contract was awarded for $230,549.84,
riSP-ti)Tftftit contract cost was $212,548.78. Funds are available
from Purchase Order No. 49040 and Account No. 125-509-500-598-2014.
STAAF o `le IeSuiuLj o
filing of the Notic
Acco
�� elf/✓�v
razing t_ acceptancework and the
of Completion.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
1. Resolution
Resolution �No. 98-98
3. Notice or ompietion
2. Contract Final Balance 4. Location Map
A-;.,. (RP., --
EXPLANATION:
On June 17, 1997, by Resolution No. 97-72, the City Council awarded
a contract in the amount of $230,549.84 to Ortiz Corporation for
the Sewer Repair Project. The locations (location map is attached)
of the three construction sites are listed below:
1. 22nd Street from "B" Avenue to "D" Avenue (Site 1).
2. "D" Avenue at 22nd Street (Site 2A).
3. Stockman Street from Cagle to Alston Streets (Site 3).
On April 8, 1998, the final inspection was conducted and the work
was found to be completed in accordance with the approved plans and
specifications at a final cost of $212,548.78 which was 18,001.06
less than the amount of the contract award. The decrease in the
Contract amount was due to the reduction in the quantities of the
items for the sewer lateral work. A number of sewer laterals which
were shown on the original construction plans based on the
television inspection reports, were found to be nonexistence after
the trench excavation.
A change order (No. 1) was issued for the delay of the work during
construction due to the incorrect grade staking by the surveyor.
The change order is incorporated into the Contract Final Balance
for an additional amount of $636.58.
For additional information, attached is the Contract Final
Balance.
It is recommended that the project be accepted, and the Notice of
Completion be filed.
RESOLUTION NO. 98 - 98
RESOLUTION OF 1'11E CITY COUNCIL OF THE
CITY OF NATIONAL CITY ACCEPTING THE WORK AND
AUTHORIZING THE FILING OF ME NOTICE OF
COMPLETION FOR Ilik, SEWER REPAIR PROJECT
Engineering Specification NO. 97-3
BE IT RESOLVED by the City Council of the City of National City, California,
as follows:
It appearing to the satisfaction of the Engineering Department that all work
required to be done by the Ortiz Corporation, Engineering Specification No. 97-3, for the Sewer
Repair Project has been completed, the City Council of National City hereby accepts said work
and authorizes the filing of a Notice of Completion and orders that payment for said work be
made in accordance with said contract.
PASSED and ADOPTED this 4th day of August, 1998.
George H. Waters, Mayor
Al 1'EST:
Michael R. Da112, City Clerk
APPROVED AS TO FORM:
George H. Eriser, III
City Attorney
,.. :_-_=aC� _ -- Ea_a--ce
. _ Sewer _.'...a__
(Cc_ zreccc_. Cr___ Co rat_..._
Date.
Prc=ecz VC. 2014
F 1.ra- _ nsuec__c._ 2at_.4 8, 92
Comn'�� 2a:e:el4'98
Yo ar_ her_DY '�� =eC CO comr'd1C__ ___e folLow:Lna char.c7esfrom
___...
_Jo.
Item Desc •^- ^n
i;n-t
Ur___
Pr_ce
$
Cr- _.a_
Contract
Increase ( - )
Decrease( -
Tcca_ To Dace
Qua'tv I A.m't.S
Gusty
Am't.S
Oua'ty Am't.S
Base Bid:
SCHEDULE"A"
Site 1 - 22nd St. from "B" Ave to "D" Ave. ( from MH No. 1163-A to 1162 )
1
REMOVE AND REPLACE 3-INCH PVC PIPE
LF
57
475
0 0 0 0 o w co o o 0 o cQ
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O C) 0 0 0 0 0 CD C) 0 (7) C) 0 0 C)
U) 0 0 0 0 u) C] 0 0 0 0 0 6 C) 0
N. U) O (1) U) (A (,) V) V) 0 )n U) V) V) U)
0 K CD C) '1 tD .) -
V) V)
N V V) V) in ) V) (n
V)
S0.00
475
527.075.00
2
REMOVE AND REPLACE MH PER S-2
EA
$4.450.00
1
S0.00
1
54.450.00
3
SHORING AND SHEETING
LS
600
LS
S0.00
1
5600.00
4
RAFFIC CONTROL
LS
S1.190.00
LS
S0.00
1
51,190.00
5
• BANCON EXISTING SEWER FACILITIES
LS
S350.00
LS
S0.00
1
S350.00
6
REMOVE AND REPLACE PORTION OF
SEWER LAT. WITH 6-IN PVC AS NEEDED
EA
S675.00
11
(S5.400.00?
3
S2.025.00
7
NONE
$0.00
0
0
50.00
8
NCNE
S0.00
0
0
S0.00
9
NONE
S0.CO
0
0
SO.00
10
INSTALL SEWER LATERAL CLEAN CUT
EA
S600.00
11
(S4.800,00'
3
31.800.00
11
NONE
SO_CC
0
S0.00
0
SC.00
12 INSTALL
SEWER MANHOLE PER S-2
EA
S4 450.00
30,00
1
S4 450.00
13
NONE
S0.00
50.00
0
30.0C
14
NCNE
SC.00
0
S0.00
0
S0.00
15
REMOVE AND REPLACE UNSUITABLE
MATERIAL
CY
S25.00
5
(5150.004
0
SC 00
16
NONE
SUB -TOTAL S52.290.00 (S10.350.001 S41 940 "0
SCHEDULE "B" (SITE 2) NOT IN CONTRACT
Contract F-aI Balance
Scecs. `1c. 97-3
No.
DDITIVE BID:
SCHEDULE"A"
(ALTERNATIVE METHOD TO THE EASE BID. SCHEDULE "B". FCR INSTALLING THE MAIN SEWER LINE}
SITE 2A-"D" AVE AT 22ND ST r FROM MH NO. '170 TO 1 137
C ,0rac
:--.._ease _....a_ 7z Da_e
De,-=a�� -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
CONSTRUCT 8-INCH PVC SEWER PIPE
NONE
SHORING AND SHEETING
RAFFIC CONTROL
BANDON EXISTING SEWER FACILITIES
REMOVE AND REPLACE PORTION CF
SEWER LAT. WITH 6-IN PVC AS NEEDED
NONE
NONE
NONE
INSTALL SEWER LATERAL CLEAN OUT
NONE
NSTALL SEWER MANHOLE PER S-2
INSTALL 6-INCH PVC SE:lER LATERAL
NONE
REMOVE ANC REPLACE UNSUITABLE MAT
NONE
SUB -TOTAL
LF
LS
LS
LS
EA
EA
EA
EA
CY
2r_c
S
(Qua^l.I
S57 CO 720 S41.040.00 0
50.00 0 50.00 0
51,000.00 LS S1.000.00 0
31,800.00 LS 31.800,00 0
S1.500.00 LS S1,500.00 0
S675.00 5 S3.375.00 .5
50.00 0 S0.00 0
50.00 0 SC.00 0
50.00 0 S0.00 0
0.14 6 0.84 -1
30.00 0 50.00 0
S4.450.00 4 517,800.00 0
5675.00 1 S675.00 0
S0.00 C 50.CC 0
525.00 10 5250.00 -10
50.00 0 50.00 0
567 440.34
SCHEDULE "B":
SITE 3 - STOCKMAN ST FRCM CAGLE ST TO ALSTON ST (FROM MH NC
1 REMOVE ANC REPLACE 3-;NCH PVC PIPE LF 563.0C
2 REMOVE ANC REPLACE :'H RER S-2 EA
3 SHORING ANC SHEETING LS
4 RAFFIC CONTROL LS
BANDON EXISTING SEVER FACILITIES LS
6 REMOVE ANC REPLACE PORTION OF
SEWER LAT WITH, 6-IN -VC AS NEEDED EA 5875.00 24
7 NONE S0.00 0
8 NONE 50.00 0
9 NONE SO.00 0
10 INSTALL SEWER LATE -RA- CLEAN CUT EA 5500.00 25
REMOVE ANC REPLACE SEED HUMPS
PER DRAWING NC. Si-'-' LS 5700.00 LS
INSTALL MANHOLE PER S-- ER 54 450.001 2
INSTALL 5-INCH PVC E- LATERAL cA S675.00
NONE SC CO
'5 REMOVE ANC REPLACE _ „•T,AB_= 525 3C 0
:5 REMOVE EXIST _ -.N =2= ANC REPLACE
Vl'ITi i'-.VC;: :--NO:- R==
SUB-T C
708 TO -12`.
746 ; S46.998.00 0
34.450.CC 2 23.9'00.00 0
S746.00 LS 5746-00 0
32.100.0C LS 32,100.00 0
S350.00 LS S350.00 0
516.200.00
SO.CO
$0.00
50_CC
315.000.CC
S700 C0
S575 C3
SC :0
5250 :0
0
2
Am'tS IQua'tyl Ar't.S
C u s tM A. m". S
SC.:: 720
0
SC.::.
SC.::'
SC.CC .
S337.52 ' 5.5
SO.:: ; 0
0
(S0.
s0.:: 0
SC.:: 4
S0
SC.::
(S250._: 0
SC.:: 0
587 :_-
sc.:: -
sC.:: -
SC
sc.::
5675.::
SC_ -
SC ::
SO.__
01.200
SC ::
313 :CZ
040.00
SC.00 I
51, 000.00
31.8CC.00
51.500.00
S3.712.50
S0.00
SC.00
SO.00
50.70
S0.00
S17.300.00
5675.00
SC.00
SC 00
SC CO
367 523.20
46..
S8 :OC.:o
3746.00
5350.00
316.375.:C
so cc
SC.;O
o :0
SE SC: SC
T C T ,-;
Contract Final Balance
Pr =ect. Sewer ...a --
-actor Ortiz Corporation
?act
Date: 4,9 99
014
nay _- :a=e: _/8/9e
ate:
vou are hereby eSted to CcmPy ''izh the following changes from
s-=,-' _' ^ations
ns and
item
Nc.
_t m Desc --- on
Unit
unit
Price
S
Oricinal
Contract
Ircreasei-,
Decrease(-)
Total To Date
Quatv.
Am't.5
Qua'ty
Am't.S Qua'tvi Am't.5
I
Decrease in quantities (25% or more):
he decrease in the quantities of
he bid items per the original unit
price is incorporated into the work
items listed above.
Extra Work
LS
S636.58
LS
5636.58
LS
5635.58
Contractor nac :o delay :he work for two hours
•ue to a reverse flow line.
ctai Cost (force account oasis) = 5638.58
ustification:
he surveyor was cailed tack
c re_take the sewer'ine grace on Stockman
Street a "•-;.._ 75. 10-50. and 12-75 In
arcer :c ..,,,real a reverse now The. The grace
was nrtlaily staked nccrrectly.
Grand Total
8230.549.84
r518 001 06'
S212.548 8 ,
The
sum of s .err ' deducted fromthe tota_ contract price,
co-=c _-' _ o daze therebyis $212,548.78.
The 1-ot=1 time for completion in the contract is u _chanced.
-act time
remains unchanged, 45 work_. _ days.
and one Gaa1
This doc_meh= shall become an amendment to the contract and all provisions of contract
will aoo =---- _e Con^ - accepts this - -=ai Salerce as `u-- comp en - for
ad _t_ na- wcr.. and any delay to the protect caused by a-- ofth= Change Orders.
Precarec�v
G
=+cda:�re
�yU
Date:
Date:
Tide.
Date
Fesc rate
-7-za-�f'
J
O
Ih
X
X
XX XX XXX X XXX XXX XX
0
Extra Work
E: 6
N 7
U
7
0
U
0
X
U
(u
(U
(U
U
0
U
(U
C
()
U
L
C
I)
U
a)") U N
j. I:_
tl) ',
(J) (U U)
.Y II -U U_
dam 0 (1)
10 C Um u) ro .S
U 4 U)
o U N F
RI () U
-D U (U U)
C
- (u ri ; u
t) t) to CA _C
(V Cr) l7 U 1)
v
L S. !III- '- I(> W In
& N } NL.WT
2 O) IU .(U
7 (I-Ti t CI C
U - U (I) .
1 IU ,Il ` U
U
I- E V) U
I- __l
7 -
W s
W j O
Q (T) ,{ Z
rw ) -I.
(Y. C1 LI1 f 1
LY W Lil
U 1.- _) ()IlJ
I-p_J(nCL
U Z - r (_) Hi
(Y I W Ll ill 1
1- (-.1 L.) HI IL- O
U U) U U (II •I
v O 0' UJ O
r11 (t)
L11 '' T
_ ( U)
O U1
(L ?A. U
1 III
L11
11
I. I_
O I- ill
'-- U_ il.
w It
U) IX. C )
'' IL li
I V) lIJ
IL U) (Y
,L �( O U) LU LU IIJ
LU LIJ II) LI) O ) IC II- IL .(- V) �' I. II
O () 111 (_) O 111 I - II. O U) ((1 IL _I II' -� I
(1 (L V) IL O _I () 1 () WisfC_(I) L11
Z 0_ — _
U U )0 O (.l 'L Lll LIJ lu cr. j — U U ,1
11"
,( 4) - 111 -L U - Ui. () U III �)
(O
a) CL
U
N U)
N NI U)
v) (� 1 }
IU LU UJ Z
I- U-IU't
(V 7 --I U
(!1)-?.
� Y
W 1) I (L
U) U V) U i
Il- Z -L LL --
V) ,� (Y (7---))
- _7
UI I -,-I- Z-C
(9 U[JJZOZ
Z (1 (Y (� -. O «
`L
�- Z (3 W .L �� IA) n U (1
- 0-, ( OU �4 W W
1 IY 7_ lj
-I- 13 f Z L' 1(-)- 1U - \ V) U) W
1 I— IL� O I-- 1Y. tL U L- i « U -
(� (�
X- "IU)UJUJIZ ZU') 0 ZI_
u) :11. - X U L_ Il z t `L
L l _
iiOa i �_li v�r.I)(.)
7 7. O_ `t U) LU Lll
d 1- I- J - W a (n X- 7- I.1
to U) (-) `L 7 5 Q 7.. -L [D lIJ i- 1_ IJJ
of W I— O �( L W F— I I- __
y -)O __ �U-} �� L OO
'I) LI U I-- I-- Z J m it I- (r�
(j a Li -1 'L O _
N 7_ IU1f- O� Z
N . r LL U LU (1 (t C_)
O
LL
(r IU ai (C U 1- u- Z O U� I - tut
n
7
- Ill
U) O- O X- UOUvUUJIll-- IL) WRI II - I . I
LJW-O-I--(( O - ( I--
(n-I.I
I-
.II.L
VU Uuzv)UiLUOJ --) 11
_I _ _) - i C l IU -CI)
U V) - LjUU)
U1-OU'') It QI1) - U-l-1 OLW lJU uU) .U- UUI) If(
(11 l71,IUOl: (-.
C) 1ILL1II OUr�i L(IJ
r )
UUI- UI- I-ILI-- (II-(L __ 0-I. it_ (1- -1_ .1
T
ill III ill ill
-I I - .L
O) II
IJ
11
(•
2.E=r:i4hG ZEAL ; rD 3Y
Wt., 11.1=11LCK.0 WAIL
srarr:
ADDRESS
r. _.J:; n_ U.__. _...,
STATE • m
(toner above tiles tine for recorder's use)
NOTICE OF CONIPLETIOr
C.;L:FORNIA C.VIL. CODE SECTION 3093
NiO SCE IS :-LER= E'; GIVEN of the pl COrP. eti0n on
-R PoC ,7,C
A u u s[
Worx or :.^:proven:eat or port:on or '.vorK of'.mt:rovetnent sneer const oc::on or alter -orlon
on the preUses located at -• ad Sc. "Ti"
C. i
Scree: .Addr_ss
. of ^e
„D Ave.�2. 2. 'a" Ave. an _.d E:.. 3. CC:.Cv'?"°u_ .-`.C. from
Cis State
The undersigned owns the following interest or estate in said rope-n::
Zio Cocecc.A_="-cn Creeps.
Nacre or:ne :merest or Estate of owner mora_oor. lessee.
Said `.t-0ri of improvement was performed on the crone:Tv gu :roam to a contract with
CRT-- _ N
Name or`.r•c¢nal Can:.-ac:o
i ^e fcliowi..^.^ work and .. trial were supplied:
Tie names and ad±—esses or co -owners are:
Dated:
joint :enta .ts.._..a. tr Inzor=on. or other owner::
Sis.^.a:::e or Owner
orNat:cna.., :_-= Va...,.._. _ - 31 .... Nano a C: C-. ?I9.0
'nave _ read
the tore_oir.g. N„r.2_ of Comp ..,.,,__ and i:.cw the contents
thereof: a ,_ s , _r - go;
Ste._ _ .. own ti.Cw"ied_e. I ...__..�_ �..._ ..... J" '"'L.r' that :!":.�. _Cr
( II) ('I
',AN I'll (A)
(
Ill IIONAI
(
PI/
A
• (.3 ;
I PI I 'IV 77— !`•'J---
/!,i/,./k
!,i31/ Ili All ft 1 IOW ( ONIROI
(/1/ 1)1
( HUI A VISTA
: („1
‘, „'
)0
/I 0;
(III 0/
SAN 011(10
W 5/
17 /I/A
IN -
(
1..501Ir
(41
'1
,WI)
4111 SII
'fr
A
'I A/A
/\!
I: •I I bill I,/
/ "; I
(1 01
(11(11A VISIA
1,1)
I //V1 (UN Al 1,7
(IN/NI r//,'/'(//,'A ///)
/ Al/ // /I
10)./
/4,(
I A ;!/
IIII
, 3 iiii i ! A '
_./
, .1. / ()Hi! /
''4NO 'I
I_Ty I
1,; r 1
)'
111'1 III
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 4, 1998
4
AGENDA ITEM NO
1 ITEM TITLE
PREPARED BY
EXPLANATION
RESOLUTION APPROVING THE SALARIES FOR PARKING
REGULATIONS OFFICER AND DEPUTY FIRE MARSHAL
Roger C. DeFratis
Personnel Direcr
DEPARTMENT
Personnel
The approval of the preliminary budget included several program changes. Two of these changes
authorized new positions and the estimates for compensation. These positions and estimates have now
been translated in new job descriptions and recommended salaries. The new job descriptions have been
approved by the Civil Service Commission. Now the Personnel Director is recommending that the
Council approve the salary ranges based on marketplace value and internal adjustments so that the
positions can be filled and the programs started.
Listed below are the titles and recommended salaries for the newly established positions:
REPRESENTATION
POSITION
SALARY RANGE
MONTHLY
SALARY
NCFFA
Deputy Fire Marshal
F140
$3,560 - $4,327
NCMEA
Parking Regulations Officer
83
$1,933 - $2,350
Environmental Review X N/A
Financial Statement
No additional costs to the approved Fiscal Year 1998-99 Preliminary Budget.
Account No
STAFF RECOMMENDATION
Approve Resolution.
BOARD/COMMISSION RECOMMENDATION
The Civil Service Commission approved the new class specifications.
;B_TACi-3MENTS (Listed Below) Resolution No 98-99
1 Resolution
changes; and
RESOLUTION NO. 98 — 99
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE
SALARIES FOR NCFFA AND NCMEA POSITIONS
WHEREAS, approval of the preliminary budget included several program
WHEREAS, these changes authorized new positions at the conceptual stages
which have now been translated into new job descriptions and recommended salaries; and
WHEREAS, the new job descriptions have been approved by the Civil Service
Commission; and
WHEREAS, the Personnel Director is recommending that the Council approve
the salary bands/ranges so that the positions can be filled and the programs started.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the City Council hereby approves the salaries for NCFFA and NCMEA
positions, as set forth hereinbelow:
REPRESENTATION
POSITION
SALARY RANGE
NCFFA
Deputy Fire Marshal
F140
MONTHLY
SALARY
$3,560 - $4,327
NCMEA
Parking Regulations Officer
83
$1,933 - $2,350
PASSED and ADOYIED this 4th day of August, 1998.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
//3
George H. Eiser, III
City Attorney
George H. Waters, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 4, 1998 AGENDA ITEM NO 5
1 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
REESTABLISHING THE ADOPTED LIST OF HISTORIC SITES AS A SEPARATE DOCUMENT.
PREPARED BY
EXPLANATION
Steve Ray
DEPARTMENT
Planning
The attached resolution will maintain the City's previously adopted list of historic sites as a separate
document. This will streamline its future updating and is called for by the 1996 General Plan revision.
The list was formerly part of the appendix of the previous General Plan.
One technical change has been incorporated into the list. This places the Santa Fe Depot among the sites
on the National Register. It was previously included as one of the City's locally designated significant
buildings.
The Planning Department has recently received calls from individuals who have asked about removing
property from the list. No formal request has been yet received.
J
Environmental Review X N/A
Financial Statement
N/A
Account No
TAFF RECOMMENDATION
Adopt the attached resolution. t'
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below/
Resolution
98-100
Resolution No
J
RESOLUTION NO. 98 — 100
RESOLUTION OF TEE CITY COUNCIL OF THE
CITY OF NATIONAL CITY READOPTING THE LIST
OF IDENTIFIED HISTORIC SITES IN NATIONAL CITY
WHEREAS, the City Council recognizes the need and desirability to conduct
reviews of, and consider amendments to the list of identified historic sites in National City to
accommodate changing needs; and,
WHEREAS, the General Plan, revised in 1996, calls for incorporation of the list
of important historic sites into a document separate from the General Plan; and,
WHEREAS, the City's list of identified historic sites was previously adopted as
part of an appendix to the General Plan.
NOW, THEREFORE BE IT RESOLVED that the City Council finds that the
list of historic sites is in the public interest and its adoption as a separate list directly carries out
a specific General Plan program.
BE IT FURTHER RESOLVFD that the City Council hereby adopts the list of
identified historic sites in National City as further described by the list attached hereto as
Exhibit "A".
PASSED and ADOPTED this 4th day of August, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
City Attorney
Exhibit A
Identified Historic Sites in National City
National Register (date filed)
Brick Row
St. Matthew's Episcopal Church
Granger Music Hall
Santa Fe Depot
(California Southern Terminus Depot)
7/16/73 906-940 A Avenue
10/25/73 575 E. 8th Street
3/18/75 1615 E. 4th Street
4/18/96 900 W. 23rd Street
Locally Designated Significant Buildings
907 A Avenue Elizur Steel/Crandall/Ennis House
921 A Avenue Frank Kimball House
939 A Avenue John Proctor House
538 C Avenue Pinney House
907 D Avenue Boyd- Vurgason House
1108 D Avenue Fred Copeland House
540 E Avenue William Burgess House
305 F Avenue Mitchell -Webster House
341 F Avenue Tyson House
405 G Avenue Doctor's House
437
1735
1515
2525
636
926
3600
2202
1129
539
1504
541
1430
1433
1820
1941
702
G Avenue
I Avenue
L Avenue
N Avenue
E. 2nd Street
E. 7th Street
E. 8th Street
E. 10th Street
E. 16th Street
E. 20th Street
E. 22nd Street
E. 24th Street
E. 24th Street
E. 24th Street
Harding Avenue
Highland Avenue
Pleasant Lane
425 Shell Avenue
George Beermaker House
George Kimball House
Oliver Noyes House
John Steele House
Barber-Ferbita House
Wellington Estate
Tower House of Moses Kimball
Mrs. Eimar Home
Charles Kimball House
D. K. Horton House
Olivewood Clubhouse
Wallace Dickinson House
Dickinson Boal House
St. Anthony's Church
Floyd Home
Frank Kimball's Paradise Valley Lemon & Orange Packing
House
Josselyn House
Exhibit A
Identified Historic Sites in National City
National Register (date filed)
Brick Row
St. Matthew's Episcopal Church
Granger Music Hall
Santa Fe Depot
(California Southern Terminus Depot)
Locally Designated
A Avenue
A Avenue
A Avenue
C Avenue
D Avenue
D Avenue
E Avenue
F Avenue
F Avenue
G Avenue
G Avenue
J Avenue
L Avenue
N Avenue
E. 2nd Street
E. 7th Street
E. 8th Street
E. 10th Street
E. 16th Street
E. 20th Street
E. 22nd Street
E. 24th Street
E. 24th Street
E. 24th Street
Harding Avenue
Highland Avenue
Pleasant Lane
907
921
939
538
907
1108
540
305
341
405
437
1735
1515
2525
636
926
3600
2202
1129
539
1504
541
1430
1433
1820
1941
702
425 Shell Avenue
7/16/73 906-940 A Avenue
10/25/73 575 E. 8th Street
3/18/75 1615 E. 4th Street
4/18/96 900 W. 23rd Street
Significant Buildings
Elizur Steel/Crandall/Ennis House
Frank Kimball House
John Proctor House
Pinney House
Boyd- Vurgason House
Fred Copeland House
William Burgess House
Mitchell -Webster House
Tyson House
Doctor's House
George Beermaker House
George Kimball House
Oliver Noyes House
John Steele House
Barber-Ferbita House
Wellington Estate
Tower House of Moses Kimball
Mrs. Eimar Home
Charles Kimball House
D. K. Horton House
Olivewood Clubhouse
Wallace Dickinson House
Dickinson Boal House
St. Anthony's Church
Floyd Home
Frank Kimball's Paradise Valley Lemon & Orange Packing
House
Josselyn House
City of National City, California
COUNCIL AGENDA STATEMENT
6
MEETING DATE AUGUST 4, 1998 AGENDA ITEM NO
ITEM TITLE WARRANT REGISTER #4
PREPARED BY ADELLA M. SALAZAR DEPARTMENT FINANCE
EXPLANATION.
Ratification of Warrant Register #4
per Government Section Code 37208.
Environmental Review
Financial Statement
N/A
N/A
Account No
STAFF RECOMMENDATION
I recommend ratification of these warrants for a total
of $429,522.10
BOARD/COMMISSION RECOMMENDATION
Zed
ATTACHMENTS (Listed Below) Resolution No
1. Warrant Register #4
2. Worker's Comp Warrant Register dated 07/28/98
a.:::
IF :I: I I 1 1(1 :Al
:1: t 1AI Li
ELI pi 1-1
'1111 '11
L, 1 111
'o L1. ) ,)
'II I I
'I I
11!)Iii
III CI P-1
'tI 'Il 1-1 1
I, I i-'
1 :-: j
: ( 1 '1.1 r
I
t[. 111
I I
F II (2: .."; I-1
IF UI 1:21 :2:1.12
I-1 ;r-A
F-1
:1$ , 1-1 CI UI
1.11 F-1
A 1 1i II 1
Eli (I) 11.1
:0 (Jr :I;
I I 11,1
(Tr.) LI ▪ 21-1 tfl
0
111 C) :1.52
Cl III Ni1-11.
I-2 in
i • CO
:12 (1.1
'II
'Ti
,fi
• • C)
t-i
1-1
LAI
I °III 1:1
tS.)
:o
-
t r t I 1:11 111
I I
1./
I I k 1 ;121
FJIHi11 -z)
)7)
41--) c),
1),
) -: I
I I '111•.)
1 I • I LAI
'111 'LI
ui;L:H Lii
1 ,t+
F) ()) 1-
2‘) 1) _k .1/1 01 2-1 1-1 0
. Ln 1,1 112 1-• It/ I -' ' 1 0 121 co (3
( ) ) ) I -1 1 I-. 1/I (-7 (,)
I-' C) I 1,1 I III / Li_I II ) (3) ()
. . . . . . . . . . .
1,1 Ci I/I I (TI ')I I 1 ai I-' 11 () UI
F_I CI i I III .) Ili 01 I ,1 If) I-, 0) 0 1 )
) », (I) IT 'T1 C) !".11 C) -0 Ll Cl 1-i (,-) Cfl 'T1 H
:.-11 i ] L11 0 - :1-A L-ri Af1:1 X.A i---i 1TJ L1.1 L3d L. 0_1 0
(il i7)
2 'if H Ill III '11 ', A.(1 LAI
I \
.1 pl IF '11 CO r-1 '
•-_-; I-i Ill UI - HI ":": :X.', 1 Cm.1 ',=I: Il ( I :--k
' :0 ti.l I !1) :li ;7) :1, 0
IA
LLI ..s-' • PI I41 -.v ‚Ti Cl
UI 1_CII-A1 Ill '-.:f:, 1-1 '31 n C,1
IP 17' < , I ' I 'T-.1 TrJ I-. Z CT > 1-: C :11 :-.< /- 1
c , I I 1 I 1 (22 .1-1 I -I I -.1 !al 111 2: 1.11 .r.1 '(F2:•/ ' --a)r7 13 0 0
0_1 ( / ( I -1-.1, 2: (-__; '1.1 1---1 LTI (_-1 I --I 'i I U OF) 10 r1.1 8
,ii pl .1. ci 21 c: pi 7: IIC: 1---1 i i 1-i C.4
'l i_ ' i 1 C.) 2:11 > :' 2: Cul '--I :I-, :1.. '.--‘ 13 i<
1- i '41 or 0 '.-t, 'Pr_:, L-'(Ti I-1 F--I r-' (..) Z fut
111 (2 IF C) CI I..11 CI 1-' I-: %,.,/
ri
(F 'II 2: 1,.:', ('1CD !..11 > 0 CT)
'Ti '1.1 C 1-i (Ti) 4. 0
I C: n ~13 IA Z Hi 1\3 Z
;t3 C: 17! 0 0 ...ti > Cr) CL)
IF H •,-,. z > • -,-' i 1 z -i - CD fl)
r-I C
Ft.
"r.1 Z n
(.1 RI
I-' r-) I -I CO 0 =
V.) If) Z C.) I-]
20 F-' 1\1 0CI --0 (L) 1‘) l-1 0 :.:T-1 - 1-,C1 Z .+1 il)
- „ ... ... 51 -n
121 UI 221 12 / C) 12/ 1.11 20 Ili HI (J1 211 :r1 (21
I-- • I-' I ' Id 02 k/1 (1 I-' 1)1 1.11 1-1 Ni •' f -I ()
z'.2", C Z =
• • ' • • ' • - ' • • ' • F-]> Z 1.-14-4-) a) :
v ' )_)) (i) U-I 42 II) 41 I '-i 1il (X) I-. )/i --I Ell Z n - %,..<
o =
III (D (:) L'' (12 --I IX) -I 0 C) Ill 1,J (TI 1-1
LTJ I: ' 7 ••••%
F-i :-,:,• i--i c) L-- --rri I -I ro (-) a r a 1-] ri tii (Ti 01 C")
!T/ 0 '2:: 01 I-i T 1 01 C1 !II 1 -I 0 !II 1--1 --... 1-1 ..-..
0 !Xi to 7:
)() )--) 0 PI n) 11 'Ti 2: 'Ll M CD :;11 !TI [11 LII ‘.
11"i' A..)-1 It'd I -i L-' 0 ,T1 1---] !1-A X > a 0
-)-:), 31- i-' t 1 CO > I 01 C51 'Al ql 1-i 0
).:' .-:: ;I' 1--' I-i ) I I- I i< II r< .t.11 !Il 1‹: .1,' C.) 1,
VT I I H d I- i i•-.1 ,..',' • > :i- t.•: !li CO
IL' 1_1.; I-1 (II I‹: La.) 11 1:11 C..1 0 2: i--3 u) !LA
C., I i C, Eil 01 C) :...7: • CI) IA P,.1 n a cD
111 ( 1 ',ZI !II i-i :::,`, 1-3 LIJ ,_.,,‘ X (T-' 01
::::-". L-:' <I !_:f; ;:.< II) • '11 '11 in 0 L-' 0
,-) LA] (I) IF Cc) :1(:, ; I.) C:: IA 1-3 0 .1=.
1•:: ri 0 - 1-1 :1A • 1-3 ...ill> H ca
(ri !,I LLI :-2, 131 I-1 ID CD
--: --: co •=1 Fri !-T1 I-1 0 --i
CT) , I CT 'T1 1--1 171 H
( I 'Ti '2._, "11 C ' n 1-1 1-1 (i)
"1 [al CT: (71 C:,_
!, (Ti l',./ I-71
2: Cl 2:
2; ("I TI I Hi i-T I --I
City of National City, California
COUNCIL AGENDA STATEMENT
7
MEETING DATE August 4, 1998 AGENDA ITEM NO.
ITEM TITLE
CLAIM FOR DAMAGES: Hazel Villanueva
PREPARED BY Michael R. Dalla ' DEPARTMENT City Clerk
EXPLANATION.
The claim of Hazel Villanueva arises from an occurrence on June 1, 1998
and was filed with the City Clerk's Office on June 17, 1998
Environmental Review
Financial Statement
N/A
XX N/A
Account No
STAFF RECOMMENDATION
Deny the claim, and refer to the City Attorney.
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below) Resolution No
Copy of Claim for Damages.
City of National City, California
COUNCIL AGENDA STATEMENT
8
MEETING DATE August 4, 1998 AGENDA ITEM NO.
ITEM TITLE
CLAIM FOR DAMAGES: San Diego Gas & Electric
PREPARED BY Michael R. Dalla u5
EXPLANATION.
DEPARTMENT City Clerk
The claim of San Diego Gas & Electric arises from an occurrence on
April 24, 1998 and was filed with the City Clerk's Office on May 21, 1998.
It was amended on June 26, 1998.
Environmental Review XXN/A
Financial Statement
N/A
STAFF RECOMMENDATION
Deny the claim, and refer to the City Attorney.
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below)
N/A
Account No.
Resolution No
City of National City, California
COUNCIL AGENDA STATEMENT
August 4, 1998
MEETING DATE
Refer to Item #1
9
AGENDA ITEM NO.
ITEM TITLE RESOLUTION CONFIRMING
PROVIDING FOR THE LEVY OF THE
MAINTENANCE DISTRICT
Paul Desrochers
PREPARED BY Executive Director
EXPLANATION.
THE DIAGRAM AND ASSESSMENT AND
ANNUAL ASSESSMENT IN A SPECIAL
COMMUNITY DEVELOPMENT
DEPARTMENT COMMISSION (CDC)
Adoption of this Resolution will implement the 1998-99 levy and collection of assessments for costs of
maintenance of improvements to the Landscape Maintenance District (LMD). The Resolution
confirms that the required Public Hearing has been held and that all property owners were legally
noticed.
The Resolution confirms the assessments listed in the Engineer's Report and orders that the assessment
breakdown contained in the report be levied by the County of San Diego Auditors Office.
One property owner (Duck Pond) suggested that his assessment be deferred until his property is
deemed useable. Staff recommends against this action due to the precedent for other property owners
to request similar concessions. The Mile of Cars Association also refused to entertain this motion at a
recent meeting.
Environmental Review N/A
Financial Statement
Maintenance costs for fiscal year 1998-99 operation of the LMD are estimated at $93,500; and, fees to
the 46 property parcels range from $332.00 to $6,557. Total fees to be collected for 1998-99 total
98,000. Account No
STAFF RECOMMENDATION
Adopt Resolution.
BOARD/COMMISSION RECOMMENDATION
N/A
{
ATTACHMENTS (Listed Below)
1. Certificate of Compliance with Notice Requirements
98-101
Resolution No
A-200 (Rev. 9/80)
RESOLUTION NO. 98 — 101
RESOLUTION OF FHA CITY COUNCIL OF
TH F CITY OF NATIONAL CITY CONFIRMING
THE DIAGRAM AND ASSESS_MFNT AND PROVIDING
FOR FHI. LEVY OF THE ANNUAL ASSESSMENT
IN A SPECIAL MAINTENANCE DISTRICT
WHEREAS, the City Council of the City of National City, California, has
initiated proceedings for the levy of the annual assessment in a special maintenance district
created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division
15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping
Act"), Article X= of the Constitution of the State of California and the Proposition 218
Omnibus Implementation Act (Government Code Section 53750 and following; Article MED
and such implementation act may be referred to collectively herein as "Article X="), in a
special maintenance district known and designated as Landscape Maintenance District No. 1
(hereinafter referred to as the "District"); and
WHEREAS, at this time all notice and public hearing requirements have been
met relating to the levy of the annual assessments; and
WHEREAS, the City Council has received a report from the Assessment
Engineer (the "Assessment Engineer's Report") and this City Council is now satisfied with the
assessment and diagram and all other matters as contained in the Assessment Engineer's Report
as now submitted for final consideration and approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
RECITALS
Section 1. The above recitals are all true and correct.
PROCEDURES
Section 2. The City Council hereby finds and determines that the procedures
for the consideration of the levy of the annual assessment have been undertaken in accordance
with both the Act and Article =I) inasmuch as the proposed assessments for Fiscal Year
1998-1999 are not proposed to be increased over the assessments previously authorized to be
levied.
DETERMINATION AND CONFIRMATION
Section 3. The final assessment and diagram for the proceedings, as contained
in the Assessment Engineer's Report, is hereby approved and confirmed.
Resolution No. 98 - 101
August 4, 1998
Page Two
Rased upon the Assessment Engineer's Report and the testimony and other
evidence presented at the public hearing, the City Council hereby makes the following
determinations regarding the assessments proposed to be imposed:
a. The proportionate special benefit derived by each individual parcel
assessed has been determined in relationship to the entirety of the cost of
the operations and maintenance expenses.
b. The assessments do not exceed the reasonable cost of the proportional
special benefit conferred on each parcel.
c. Only the special benefits have been assessed.
d. There are no publicly owned parcels within the District.
The assessments for the District contained in the Assessment Engineer's Report
for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in
the District in the amounts as set forth in such Assessment Engineer's Report.
ORDERING OF MAINTENANCE
Section 4. The public interest and convenience requires, and this legislative
body does hereby order the maintenance work to be made and performed as said maintenance
work is set forth in the Assessment Engineer's Report and as previously declared and set forth
in the Resolution of Intention.
FILING WITH CITY CLERK AND CITY ENGINEER
Section 5. The above -referenced diagram and assessment shall be filed in the
Office of the City Clerk, with a certified copy to be flied in the Office of the City Engineer.
Said diagram and assessment and the certified copy thereof, shall be open for public
inspection.
FILING WITH THE COUNTY AUDITOR
Section 6. The City Clerk is hereby ordered and directed to immediately file a
certified copy of the diagram and assessment with the County Auditor. Said filing to be made
no later than the 3rd Monday in August.
ENTRY UPON THE ASSESSMENT ROLL
Section 7. After the filing of the diagram and assessment the County Auditor
shall- enter on the County assessment roll opposite each lot or parcel of land the amount
assessed thereupon, as shown in the assessment.
Resolution No. 98 - 101
August 4, 1998
Page Three
COLLECTION AND PAYMENT
Section 8. The assessments shall be collected at the same time and in the same
manner as County taxes are collected, and all laws providing for the collection and
enforcement of County taxes shall apply to the collection and enforcement of the assessments.
FISCAL YEAR
Section 9. The assessments as above authorized and levied for these
proceedings will provide revenue and relate to the fiscal year commencing July 1, 1998 and
ending June 30, 1999.
PASSED and ADOPTED this 4th day of August, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
ff3 L Z
George H. Eiser, III
City Attorney
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
CITY OF NATIONAL CITY
LANDSCAPE MAINTENANCE DISTRICT NO. 1
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF NATIONAL CITY
, under penalty of perjury, CERTIFIES as follows:
The undersigned is now, and at all times mentioned herein was, the duly qualified and acting
CITY CLERK of the CITY OF NATIONAL CITY, CALIFORNIA, and as such, accomplished
the notice requirements in connection with the referenced Assessment District, as noted:
RECORDATION
The original of the ASSESSMENT ROLL AND DIAGRAM was recorded in the Office of the
City Engineer on the day of , 1998.
A certified copy of the ASSESSMENT ROLL AND DIAGRAM was recorded in the Office of
the County Auditor on the day of , 1998.
POSTING
A copy of the AGENDA for the meeting of August 4, 1998, was posted in a location accessible to
the general public at least 72 hours before the time set for said meeting; said posting being
accomplished on the day of , 1998.
EXECUTED this day of , 1998, at National City, California.
CITY CLERK
CITY OF NATIONAL CITY
STATE OF CALIFORNIA
MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
August 4, 1998 AGENDA ITEM NO. 10
ITEM TITLE ORDINANCE AMENDING TITLE 1, CHAPTER 1.12 REGARDING RIGHT OF ENTRY FOR
INSPECTION, CHAPTER 1.20 REGARDING GENERAL PENALTY, AND CHAPTER 1.36 REGARDING
ABATEMENT OF PUBLIC NUISANCE.
PREPARED 8Y Rudolf Hradecky
EXPLANATION
DEPARTMENT Senior Assistant City Attorney
This ordinance amends portions of Title 1 to focus abatement of public nuisances. It adds
provisions to Sections 1.12.030, 1.20.030 and 1.36.080 to accomplish the following:
a) Require remediation of a site where illegal work (work without a permit) is occurring, and;
b) Prohibit issuance of any permits other than those necessary to correct a nuisance violation
during the pendency of any violation.
These additional provisions have been suggested to round out and further improve code enforcement.
Environmental Review X N/A
Financial Statement
N/A
Account No
STAFF RECOMMENDATION
Amend Title 1 of the National City Municipal Code.
BOARD/COMMISSION RECOMMENDATION
N/A
'T T A CHMENTS (Listed Below) Resolution No
Ordinance
ORDINANCE NO.
AN ORDINANCE BY THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
TITLE 1, CHAPTER 1.12 REGARDING RIGHT OF
ENTRY FOR INSPECTION, CHAPTER 1.20 REGARDING
GENERAL PENALTY, AND CHAPTER 1.36
REGARDING ABATEMENT OF A PUBLIC NUISANCE
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code be amended as follows:
Section 1. That Title 1, Chapter 1.12, Section 1.12.030 of the National City
Municipal Code is amended to read as follows:
1.12.030 Stop Orders. A. Scope. This section applies to any work,
construction, development or land grading for which a permit is required and has not been
obtained.
B. Definition. A "Stop Order" is a written notice directed to one or more persons
directing them to cease and desist immediately from continuing or performing work,
construction or development for which a permit is required but has not been obtained, or
for which a permit was issued, but the performance under which was contrary to the terms
of the issued permit or law or regulation.
C. Issuance of Stop Order. A public officer charged with the enforcement of the
Municipal Code or State law may issue a Stop Order to any person who is performing
work or allowing work to occur in violation of law or the Municipal Code. The Stop
Order may be issued to any employee, agent or contractor on site who is actually
performing the work. All work must immediately stop upon service, or posting of the
Stop Order, or both, and shall not proceed again until authorized.
D. Posting of Stop Order. One copy of the Stop Order shall be posted
conspicuously at the entrance to the site, and an additional copy be posted on any structure
which has been enjoined from construction. Additional copies may be posted every two
hundred feet along the perimeter if the work site consists of unimproved real property.
E. Removal prohibited. Once posted, Stop Orders shall not be removed until a
permit is issued or a determination is made by the Building Official, the City Engineer or
the Planning Director, as applicable, that a permit is not required or that the work is
consistent with an issued permit.
F. Cessation of work and remediation. While the stop order is in effect, no
person shall authorize, perform or allow an act or omission which directly or indirectly
allows the prohibited activity to proceed towards completion, except that material and
equipment may be removed from the site while the stop order is in effect. The owner and
contractor or other responsible person may additionally be required to secure the area
Ordinance No.
Page 2 of 4
against danger to the public by erecting barricades or fencing, and to fill in any excavation
and remove debris or other obstructions to pedestrian and vehicle safety that has occurred
by virtue of the enjoined activity.
G. Contents of Stop Order. Stop Orders posted on site will be comprised of an 8
1/2 x 11 inch cardboard backing against a red background on which will appear the words
"Stop Order" in one -inch (1") block letters. In smaller size type, the following
information shall also appear: a description or address of the site, time and date issued, a
notice that it is unlawful and a misdemeanor with a penalty of a $1,000 fine or
imprisonment not to exceed six (6) months, or both, to remove the sign or to continue
work without authority. The Stop Order shall be signed by or on behalf of the Building
Official, City Engineer or Planning Director and shall cite this Section 1.12.030 as
authority. Stop Orders issued to a person may be of non -cardboard paper material, but
shall contain the same information as the posted notice.
H. Violations and penalties.
1. It is unlawful and a misdemeanor for any person upon whom a Stop Order is
served, or who has actual notice of the Stop Order, to continue to perform or to authorize
or allow work to occur by which the enjoined activity will continue to proceed towards
completion, or to fail or refuse to install fencing or barricading, remove debris and other
obstructions to pedestrian or vehicle safety, or fill in excavations, as may be required in
order to remediate the site.
2. It is unlawful and a misdemeanor for any person to remove a Stop Order
lawfully posted pursuant to this Section 1.12.030 until a permit is issued or a determina-
tion of exemption or compliance is made about the enjoined activity.
3. Violators are subject to arrest and both criminal and civil liability for violating
this section and the underlying provisions of law governing the enjoined or regulated
activity. It shall be the duty of a peace officer to accept the custody of a violator who is
arrested pursuant to this section by a public officer who is not a peace officer.
Section 2. That Title 1, Chapter 1.20, Section 1.20.020 is amended to read as
follows:
1.20.020 Violation a public nuisance. A. In addition to the other penalties
provided in this code, any condition caused or permitted to exist in violation of any of
the provisions of this Code shall be deemed a public nuisance and may be, by this City,
summarily abated and/or enforced by civil action, and each day such condition
continues shall be regarded as a new and separate offense.
B. As part of a civil action filed to enforce provisions of this Code, a court
may assess, pursuant to Government Code Section 36901, a maximum civil penalty of
two thousand five hundred dollars per violation of the Municipal Code for each day
Ordinance No.
Page 3 of 4
during which any person commits, continues, allows or maintains a violation of any
provision of this Code.
C. During the period of time that a public nuisance exists on real property
and a stop order, civil injunction or nuisance abatement proceeding is in effect, no
permits or licenses other than those necessary to correct the violation shall be issued or
processed on behalf of an applicant who is the owner or occupant of the affected site.
D. Maintenance of a public nuisance, if not otherwise punishable by a
specific provision of law, is punishable under the provisions of Section 1.36.160.
Section 3. That Title 1, Chapter 1.36, Section 1.36.080 is amended to read as
follows:
1.36.080 Abatement by city personnel or city contractor --Report and
account. A. If the responsible person fails or neglects to abate the public nuisance
within the time frame specified by the City Council, or within the time frame specified
by the Planning Commission or the Advisory and Appeals Board when a final decision
is made by either of those bodies, the City Manager or his/her designee or the
department director shall cause the public nuisance to be abated. The abatement work
may be done by city personnel or by private contractor.
B. City personnel or a private contractor can enter upon private property in a
reasonable manner to abate the public nuisance as specified in the abatement notice or
abatement order.
C. If the responsible person abates the public nuisance before the City
performs the actual abatement pursuant to an abatement notice or abatement order, the
City may still assess all costs incurred by the City at that point against the responsible
person pursuant to the provisions set forth in this Chapter.
D. When abatement is completed, a report describing the work performed and
an itemized account of the total abatement costs shall be prepared by the City Manager
or his/her designee or by the department director. The report shall contain the names
and addresses of the responsible person for each parcel, and the tax assessor's parcel
number.
E. The City Manager or his/her designee or the department director shall
request the City Clerk to schedule a confirmation of costs hearing pursuant to this
Chapter, unless waived in writing by all responsible persons.
F. All administrative and actual costs incurred by the City in abating the
public nuisance may be assessed and recovered against the responsible person pursuant
to this Chapter.
G. Pursuant to Government Code Section 38773.5, attorneys' fees may be
awarded to the prevailing party in any administrative or judicial proceeding to abate a
Ordinance No.
Page 4 of 4
public nuisance. If the responsible party is the prevailing party, attorneys' fees shall not
exceed the amount of attorney fees incurred by the City in contesting or defending the
action.
H. Pursuant to Government Code Section 38773.7, treble damages may be
requested as part of any court order to abate a public nuisance which was the subject of a
previous criminal or civil judgement within the preceding two-year period.
I. Any personal property that is useable or that has some utility value and which is
removed from the premises as part of an abatement order shall be stored at the expense of
the responsible party. The responsible party may reclaim the property within ninety (90)
days, but may not return the property to the premises from which it was abated without
authorization of the City Manager, unless the property is stored within properly
conforming storage containers or structures. If the property is not reclaimed after ninety
(90) days, a notice shall be directed to the owner or other responsible party that the
property will be treated as abandoned property and be disposed of according to Civil Code
section 2080, et seq.
PASSED and ADOPTED this
Al LEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
day of , 1998.
George H. Waters, Mayor
C.ity of National City, California
CGUNCIL AGENDA STATEMENT
MEETING DATE August 4, 1998 11
AGENDA ITEM NO.
(-ITEM TITLE
PREPARED BY
EXPLANATION
CONSIDER JOINING AMICUS CURIAE BRIEF IN LIM V. CITY OF LONG BEACH.
! J4
George H. Eiser, III DEPARTMENT
City Attorney
The City of Long Beach has requested amicus curiae support from other California cities in a
case entitled Lim v. City of Long Beach.
This case involves many of the issues that are typically present in litigation dealing with
regulation of adult businesses, e.g., what is required in order for a community to provide a reasonable
number of sites for adult businesses, when they are banned from most areas.
Because the position of the City of Long Beach appears to be meritorious, and in view of the
strong support of other California cities during National City's "Chuck's Bookstore" litigation, it
seems appropriate to reciprocate by supporting Long Beach in its pending litigation.
X
Environmental Review N/A
Financial Statement
There is no cost to the City.
Account No.
STAFF RECOMMENDATION
Authorize City Attorney to add National City as an Amicus Curiae.
BOARD / COMMISSION RECOMMENDATION
N/A
( ATTACHMENTS ( Listed Below )
Letter requesting Amicus Curiae support.
Resolution N1o.
LAW OFFICES
DEBORAH J. FOX
MARGARET MOORE SOHAGI
RICHARD P. LOPEZ
LIORA FORMAN
City Attorney
Fox fi SOHAGI, LLP
R C6ISTCPICC 4NITCO L ABILITY rAOTMC14314,
10960 WILSHIRE BOULEVARD, SUITE 1270
Los ANGELES, CALIFORNIA 90024-3702
FACSIMILE
(310) 444-7813
TELEPHONE
(310) 444-7805
July 22, 1998
TCRRY P. KAUFMANN MACIAS
PHILIP A. SEYMOUR
OF COUNSEL
ncc,cico
Re: Request for Amicus Support — Lim v. City of Long Beach,
Ninth Circuit Court of Appeals No. 98-55915
Dear Colleague:
On behalf of the City of Long Beach, our office joins with the Legal
Advocacy Committee of the League of California Cities in urging you to add your
city as amicus in this important case titled Lim v. Long Beach involving the
regulation of adult businesses. By action on June 19, 1998, the Advocacy
Committee recommended that cities join the amicus brief that is being prepared by
Deborah J. Fox of Fox & Sohagi under the review of Marsha Moutrie, City
Attorney for Santa Monica. Several cities and the County Counsels' Association
of California have already indicated their support for Long Beach's position.
Long Beach's adult business ordinance was challenged by four adult
bookstores who claimed that the Long Beach ordinance was unconstitutional
because it failed to provide adequate relocation sites and required amortization of
non -conforming adult facilities. Roger Diamond represented the adult use
operators and this matter was heard in federal court before the Honorable Judge
Paez, Presiding. On May 15, 1998, Judge Paez issued his ruling declaring Long
Beach's ordinance to be constitutionally sound. Long Beach has requested
publication of the decision but to date, this request has not been granted.'
Plaintiffs have appealed to the Ninth Circuit.
If you would like to review the unpublished opinion in full, please contact
our office and we can see that a copy is timely provided.
FOX 8 SOHAGI, LLP
City Attorney
July 22, 1998
Page 2
This appeal may have a direct impact on your city's efforts to regulate
adult uses within your community and to amortize out any non -conforming adult
uses. The issues include:
1. What is constitutionally required in order for a community to
provide a reasonable range of alternative sites for adult facilities?
2. What is the standard for defining the potential "availability" of
sites within the relevant market under Topanga Press and City of Renton?
3. Who has the burden of proof on the sites issues?
4. Is an eighteen (18) month amortization period permissible?
5. Does a city violate equal protection if it applies amortization to
existing adult uses but not to non -adult uses within the community?
As amicus, we will argue that the adult use operator has the burden of
proving the reasonableness of the number of offered sites and that the relevant
market does not require that sites be unoccupied. One of the troubling aspects of
the trial court proceeding was that initially, Judge Paez was of the mind that to be
"available," a site must be unoccupied. While Long Beach was able to carry the
day in educating the court on the applicable standard of "availability" in a more
generic sense within the commercial real estate market, this issue continues to
plague municipalities at the trial court level.
An amicus brief from California cities will substantially bolster the
chance for a favorable ruling from the Ninth Circuit which will have far-reaching
significance for all California cities. We think this is a matter of widespread
interest to all cities, and that amicus assistance from cities will be of great help in
obtaining a clear recitation from the Ninth Circuit.
Fox 8 SOHAGI, LLP
City Attorney
July 22, 1998
Page 3
Currently, appellant's opening brief is due on September 8, 1998 and
we request that you obtain any necessary authority and notify Anne Munsell (legal
assistant) of my office on or before September 1, 1998. A consent form to
confirm your authorization is enclosed for your use. Your city will not be charged
in any way should it choose to support this effort.
Many thanks for your support and please feel free to telephone me
directly at (310) 41114 7805 should you have any questions on this case or Deputy
City Attorney Dan Murphy who handled the trial court proceeding.
Sincerely,
DEBORAH J. FOX
of FOX & SOHAGI, LLP
Enclosure
cc: JoAnne Speers, General Counsel,
League of California Cities
Dan1el S. Murphy, Deputy City Attorney,
City of Long Beach
Marsha Moutrie, City Attorney,
City of Santa Monica
d j tllb-amicus.I tr 70501.025
Fox 8 SOHAGI, LLP
City Attorney
July 22, 1998
Page 4
Authorization to Join Amicus Brief
Lim v. City of Long Beach
Return by mail or facsimile (310) 44^,-7813
Deborah J. Fox, Esq.
Fox & Sohagi, LLP
10960 Wilshire Boulevard, Suite 1230
Los Angeles, California 90024-3702
Re: Lim v. City of Long Beach
Authorization to Add City of
to Amicus Curiae Brief
Dear Ms. Fox:
Pursuant to the City's policy regarding joinder in friend -of -the -court
briefs, you are authorized to add the City of under
my name as the City's attorney to the amicus brief you are preparing in the above
matter.
The City understands that you are preparing this brief on a pro bono
basis and there will be no cost to the City associated with joinder in this brief.
Thank you for your advocacy efforts on behalf of public agencies in this matter.
Very truly yours,
, City Attorney
, State Bar Number
, Address