HomeMy WebLinkAbout1997 09-16 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY - SEPTEMBER 16, 1997 - 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 REGULAR MEETING OF
SEPTEMBER 9, 1997.
COUNCIL AGENDA
9116197 Page 2
PRESENTATIONS
Employee Introduction Program
PROCLAMATIONS "POLLUTION
Proclaiming
the week of September 15-21, 1997 to be:
PREVENTION WEEK"
CONSENT CALENDAR
items involve adopted bya
t Calendar: Consent Calendarconsent calendaratems aretters ch are adop o item
routine o royad p e
approval of noncontroversial motion
by the CityllCouncil. Prior to such p and separately
single motion portion of the agendap
a or a member of
may be removed fromrequest of a Councthe tlmember, a staff member,
considered, upon
the public.
1. WARRANT REGISTER #11 (Finance)
Ratification of Demands in the amount of $156,614.56.
NON CONSENT RESOLUTIONS
2. Resolution No. 97-118
Resolution of the City Council of
Mayor to execute the Regional
Agreement on behalf of the City
Party. (Public Works)
the City of National City authorizing the
Solid Waste Association
Special Powers
Contract
of National City
COUNCIL AGENDA
9/16/97 Page 3
NON CONSENT RESOLUTIONS (Cont.)
3. Resolution No. 97-119
Resolution of the City Council of the City of National City authorizing the
Mayor to execute an Amendment to the Agreement for collection of rubbish
and trash in the City of National City. (Public Works)
4. Resolution No. 97-120
Resolution of the City Council of the City of National City approving a
Memorandum of Understanding between the City of National City and the
National City Police Officers' Association. (Personnel)
5. Resolution No. 97-121
Resolution of the City Council of the City of National City in support of a
county -wide ballot to permit local voter approval for a one -quarter cent
sales tax for libraries. (Library)
NEW BUSINESS
6. Report on new voting procedure for San Diego County Water Authority.
(City Attorney)
7. Temporary Use Permit - Mission Young Adult Group. (Building & Safety)
8. Temporary Use Permit - New Covenant Tabernacle. (Building & Safety)
City of National City
Personnel Department
1243 National City Boulevard
Phone: (619) 336-4200
TDD: (619) 336-1615
MEMORANDUM
DATE
TO
FROM
SUBJECT
September 9, 1997
Park Morse, Assistant City Manager
Roger C. DeFratis, Personnel Dir
EMPLOYEE INTRODUCTION PROGRAM
The City Council has requested that all new full-time employees hired each month be
invited to the third City Council meeting of each month.
The attendance of the employee is voluntary and will not be paid overtime for such
appearance.
The below department director(s) are requested to extend such an invitation to the
listed employee(s) and confirm the employee(s) attendance, if applicable, with the City
Manager by the Thursday preceding the meeting.
,7„
DEPARTMENT DIRECTOR
Marylou Matienzo
Roger Post
EMPLOYEE/POSITION
Charles Reid/Accounting Records Supv
Ernie Contreras/Planning Technician
Chief Kimble
Sergio Mora/Firefighter
Karin Berg/Sr Office Assistant
Nikos Wizner/Firefighter
Brian Krepps/Firefighter
Jeff Snow/Firefighter
Bruce Sherwood/Firefighter
Greg LaFave/Firefighter
Shane Sherwood/Firefighter
Ryan Chapin/Firefighter
DATE OF HIRE'
July 15, 1997
September 9, 1997
July 29, 1997
July 29, 1997
July 30, 1997
July 31, 1997
August 1, 1997
September 10, 1997
September 11, 1997
September 12, 1997
September 13, 1997
RCD:lm
xc: Marylou Matienzo
Roger Post
Chief Kimble
SIENIOS.DO(' I
® Recycied Paper
AN EQUAL OPPORTUNITY/CIVIL SERVICE EMPLOYER
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
gePin
rrnrlttmtttinn
The City of National City supports a healthy environment and a healthy
economy for its residents; and
Pollution prevention is an approach to environmental protection that
focuses on efficient use of materials, conservation of resources such as
water and energy, and minimizing hazardous materials; and
Pollution prevention increases economic competitiveness and reduces
hazardous emissions to our air, land and water; and
By focusing attention on pollution prevention and resource conservation
the City of National City can continue to address the challenge of
maintaining a sustainable quality of life that is valued by its residents; and
Recognizing that successful cooperation at the community level
strengthens our ability to envision and implement the economic,
environmental and social goals which are the cornerstones of
sustainability.
NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National
City, do hereby proclaim the September 15-21, 1997 to be:
"POLLUTION PREVENTION WEEK"
and urge all our citizens and businesses to become active participants in
local and regional pollution prevention activities.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
National City be affixed this 16'h day of September, 1997.
FOR E H WATERS
1
City of Notional City, California
COUNCIL AGENDA STATEMENT
MEETING DATE SEPT .16 ,19 9 7
ITEM TITLE WARRANT REGISTER #11
PREPARED BY TESS E. LIMFUECO
EXPLANATION
AGENDA ITEM NO.
DEPARTMENT FINANCE DEPT.
RATIFICATION OF WARRANT REGISTER #11
PER GOVERNMENT SECTION CODE 32708.
Environmental Review N/A
Financial Statement
N/A
.GAFF RECOMMENDATION
I RECOMMEND RATIFICATION OF THESE WARRANTS FOR A TOTAL
OF $161,721.11
BOARD COMMISSION RECOMMENDATION
TAC_ HMEiHTS (Listed Below)
Account No.
1. WARRANT REGISTER #11 Resolution No.
2. WORKER'S COMP WARRANT REGISTER DATED 9/9/97
1
A000 (Rev. 9/80)
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City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE SPptamber 16, 1997
AGENDA ITEM NO.
2
ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A JOINT POWERS
AGREEMENT TO BECOME A MEMBER OF THE REGIONAL SOLID WASTE ASSOCIATION AND
APPOINTMENT OF A REPRESENTATI AND ALTERNATE TO THAT ASSOCIATION'S BOARD.
PREPARED BY C.R. Williams, J� DEPARTMENT Public Works
EXPLANATION
See attached report.
Environmental Review X N/A
Financial Statement
Costs associated with membership can be met from the Refuse Enterprise Fund.
STAFF RECOMMENDATION
Approve Resolution to join and a Representative and Alternate.
BOARD/COMMISSION RECOMMENDATION
N/A
Account No. N/A
ATTACHMENTS (Listed Below)
1. City Attorney comments
2. Agreement (Copy is available in the Office of the City Clerk)
Resolution No. 97-118
A-200 (Ray. 9/801
SUBJECT:
Joint Powers Agreement to Form a Regional Solid Waste Association
ISSUE:
Should the City of National City join with the Cities of Del Mar, Encinitas, Lemon Grove,
Poway, Solana Beach, and Vista (or any 3 or more of them) to form a REGIONAL SOLID
WASTE ASSOCIATION through a JOINT POWERS AGREEMENT.
RECOMMENDATION:
A. That National City become a Member of the REGIONAL SOLID WASTE
ASSOCIATION with future negotiation of SPECIAL CONTRACT PARTY status.
B. That Elected persons be named as Representative and Alternate Representative to the
Board of the Association with authority to vote on behalf of the City of National City.
FISCAL IMPACT:
None of the debts, liabilities or obligations of the Regional Solid Waste Association
(RSWA) shall be the debts, liabilities or obligations of PARTIES to the agreement unless
assumed in a particular case by resolution of the legislative body of the PARTY.
NATIONAL CITY would be liable for its portion of the operative costs of the Association.
The Refuse Enterprise Fund would be a proper source for such funds, not the General Fund.
BACKGROUND:
As you will recall, the poor stewardship of the solid waste disposal sites by the County led to
the formulation of the Solid Waste Authority (since disbanded) which had the intent to own
and operate the solid waste disposal sites.
The current volatility of the local refuse systems is of great concern, and the persons from
the Solid Waste Authority Cities most closely related to the waste stream have remained in
contact and have kept abreast of developments. Their analysis of the current and potential
future conditions surrounding refuse have led them to the conclusion that the interests of
each of the cities represented would be best served by join collective action. The rationale
being that the combined cities would provide economics of scale, shared overhead, and
significantly greater bargaining strength than any city on its own.
From this conclusion stems the recommendation for a Regional Solid Waste Association
operating under a Joint Powers Agreement, and having the commitment of all Association
cities for all City controlled refuse.
DISCUSSION:
The proposed Agreement has been reviewed by the City Attorney, whose analysis is
elsewhere in this package. The need for and urgency of providing for solid waste handling
by the other cities is more urgent than that of National City in that the closure of the
County's North County Resource Recovery Center at San Marcos and of the San Marcos
landfill has deprived them of a disposal facility that is usable without transfer of refuse from
collection vehicles to over -the -road vehicles. Their need for a transfer facility and an end
depository is large and immediate. The potential operation of the Dalbergia transfer station
by EDCO, and the alternative construction of a transfer station at La Mesa by EDCO give
National City possible alternatives for the near future that most of the other agencies do not
have.
The above is in large part the reason that National City is being offered a SPECIAL
CONTRACT PARTY membership that would permit aggregating National City refuse with
that of the other agencies to obtain most favorable pricing and other conditions of landfill. It
would also minimize National City participation in any transfer station obtained -by the
Association both from a voting and financial standpoint. The details of the SPECIAL
CONTRACT PARTY membership are to be worked out. The Agreement provides that
Members may apply for SPECIAL CONTRACT PARTY status, and if negotiations are not
successful, the Member may withdraw from the ASSOCIATION, on terms set by the
ASSOCIATION. This could result in costs or other considerations by the City.
As an additional item, the agreement will require that elected members be appointed as
National City's Representative and Alternate to the Board which will govern all activities of
the Association. These members will receive compensation, and are vested with the
authority to vote on behalf of the City.
ALTERNATIVES:
A. Take No Action.
This will forgo the opportunity to aggregate our trash with other Regional Cities, with
the potential economies of scale, shared overhead and bargaining strength. It would,
however, provide unfettered opportunity to deal with refuse. This would put the City in
the position of negotiating its own deal for landfill or of relying on EDCO to make its
best deal for landfill for the City.
B. Join the Regional Solid Waste Association. NOT RECOMMENDED, in that this would
expose the City to costs associated with the obtaining of or contracting for a trash
transfer facility that is needed by the Northern cities but not necessarily by National City.
C. Join the Regional Solid Waste Association, and apply for SPECIAL CONTRACT
PARTY status. This would permit aggregating our trash with the other cities, but would
not expose the city to their transfer related costs. If we could not consummate the
SPECIAL CONTRACT PARTY agreement, we would withdraw from the Association,
at a cost as determined by the Association.
D. Offer to join the REGIONAL SOLID WASTE ASSOCIATION, contingent upon prior
satisfactory negotiation of the SPECIAL CONTRACT PARTY status. This would put
the City in position to not joining the Association unless the SPECIAL CONTRACT
PARTY negotiations are finalized. This would eliminate potential costs to NATIONAL
CITY that would be occasioned by withdrawal from the ASSOCIATION if we joined
and then subsequently could not agree on terms of the SPECIAL CONTRACT PARTY
participation.
CONCLUSION:
It appears that Membership in the Association would provide National City with its best
financial bargaining position with respect to the disposition of refuse. The SPECIAL
CONTRACT PARTY status should limit National City's obligations pertaining to facilities
required by the Association members but not necessarily by National City. The question of
whether to join the Association, and subsequently negotiate the SPECIAL CONTRACT
PARTY agreement; or to only join subject to prior negotiation of the SPECIAL
CONTRACT PARTY status on terms satisfactory to NATIONAL CITY is one of trust. The
representatives of the cities have worked together for so long and so well that trust is not an
issue.
RESOLUTION NO. 97-118
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE 1'HE REGIONAL SOLID
WASTE ASSOCIATION JOINT POWERS AGREEMENT
ON BEHALF OF i'Hi CITY OF NATIONAL CITY
AS A SPECIAL CONTRACT PARTY
WHEREAS, pursuant to California Government Code Sections 6500 et seq.
(the "Joint Exercise of Powers Act"), the City may jointly exercise with other public
agencies any power common to them as contracting parties; and
WHEREAS, the City has the power to site, develop, construct, maintain,
operate, lease and/or contract for disposal sites, sanitary landfills, resource recovery
facilities, transfer stations and other facilities and services used for the collection,
transfer, management and disposal of solid waste generated within the territorial
boundaries of the City; and
WHEREAS, the City must comply with applicable federal, state and local
laws and regulations governing solid waste, such as the California Integrated Waste
Management Act of 1989, as amended from time to time (the "Act"); and the Resource
Conservation and Recovery Act of 1976 ("RCRA"); and
WHEREAS, the City Council finds that it will be to the City's advantage
and benefit to reasonably work together with other public agencies to meet the goals for:
(i) siting, developing, acquiring, constructing, maintaining, operating, owning, leasing
and/or contracting for disposal sites, sanitary landfills, resource recovery facilities,
transfer stations and other facilities and services; (ii) achieving the best practical
collection, transfer, management and disposal of solid waste; and (iii) compliance with
applicable federal, state and local laws and regulations governing solid waste, including
but not limited to the Act; and
WHEREAS, it is the desire of the City to join with other public agencies
to use any power that they have in common as reasonably necessary and appropriate to
aid in the accomplishment of these goals; and
WHEREAS, a Joint Powers Agreement has been proposed which would
establish a separate agency, known as the Regional Solid Waste Association, ("RSWA"),
to accomplish these goals; and
WHEREAS, Section V of said Agreement provides that a public agency
may become a party to the Agreement as a "Special Contract Party", whereby that public
agency may enter into a Special Contract with RSWA which would limit the obligations
and entitlements of that party as a participant in RSWA; and
Resolution No. 97-118
September 16, 1997
Page Two
WHEREAS, the City Council has determined that it is in the best interests
of the City to enter with the Joint Powers Agreement and participate in RSWA as a
Special Contract Party, with the understanding that a Special Contract will be negotiated
at a later date with RSWA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to execute the Regional Solid Waste
Association Joint Powers Agreement, with the City of National City participating in the
Regional Solid Waste Association as a Special Contract Party, with the understanding that
a Special Contract will be negotiated at a later date with RSWA. Said agreement is on
file in the office of the City Clerk.
PASSED and ADOPTED this 16th day of September, 1997.
George H. Waters, Mayor
A I"1'bST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
/3g-1.4
George H. Eiser, III
City Attorney
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950
George H. Eiser, Ill • City Attorney
(619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615
TO: Mayor and City Council DATE: September 11, 1997
FROM: City Attorney
SUBJECT: Proposed Regional Solid Waste Association Joint Powers Agreement
Following is a summary of the proposed Joint Powers Agreement to be entered into by
the City of National City and the Cities of Del Mar, Encinitas, Lemon Grove, Poway,
Solana Beach and Vista.
I. Formation
As of September 1, 1997, there is created a joint powers agency known as the
Regional Solid Waste Association ("RSWA"). RSWA is a public entity
separate and distinct from the parties to the agreement.
II. Mission
The mission of RSWA includes:
• Promotion of economic efficiency in management and handling of solid
waste;
• Management of all aspects of solid waste;
• Approaching the subject of solid waste as a regional concern;
• Operating in a fiscally sound manner; and
• Protecting the parties from liabilities arising from the management and
operation of RSWA.
1
III. Purposes
The purposes of RSWA include:
• Providing stable, long-term, cost-effective options for all aspects of regional
solid waste disposal;
• Negotiating and entering into contracts for disposal of solid waste;
• Coordinating and developing all aspects of collecting, disposing, recycling,
transferring and regulating solid waste; and
• Exercising other powers necessary to carry out the mission and purposes of
the agreement.
- IV. Power and Authority
RSWA shall have the powers common to the parties, including:
• The power to acquire, site, develop, construct, finance, maintain, operate,
own, lease, and/or contract for solid waste disposal sites, sanitary landfills,
resource recovery facilities and transfer stations;
• To collect, transfer, manage, dispose, recycle, reduce and otherwise alter
solid waste, provided that RSWA may collect solid waste in a party's
jurisdiction only so long as the party agrees;
• To prepare solid waste management plans;
• To comply with laws and regulations governing solid waste;
• To sue and be sued;
• To enter into contracts;
• To secure agents, consultants and employees;
• To acquire, construct, maintain, operate, lease, sell, exchange, finance
and/or otherwise transfer real and personal property, provided that the
power of eminent domain shall not be exercised within the territorial limits
of a party without that party's consent;
• To establish a budget;
• To incur and discharge debts;
• To hold accounts and real and intangible assets;
• To manage funds and make investments;
• To make and receive gifts and contributions;
• To provide and accept assistance from persons and other entities;
• To prepare and take positions on legislation related to solid waste issues;
• To accept and manage grants;
• To establish ordinances and regulations;
2
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• To issue bonds, notes and other indebtedness;
• To obtain necessary permits and licenses;
• To impose rates, fees and charges; and
• To form non-profit corporations.
V. Special Contract Party
An existing party, or an agency applying to participate in RSWA, may
propose to RSWA a special contract which would limit the obligations and
entitlement of that party as a participant in RSWA, e.g., the obligations of that
party with respect to bond financing or other financial commitments. Such a
party would be known as a "Special Contract Party".
VI. Bylaws
The Board of RSWA shall adopt bylaws, which shall include provisions for
compensation for members for each day of attendance at meetings of the
Board; formation of an executive committee; designation of powers and duties
of officers and employees; and establishment of official bonding requirements
for officers and employees.
VII. Organization
RSWA shall be governed by a Board composed of one elected member of the
legislative body of each of the signatory parties. One or more alternate
representatives shall also be chosen. The appointment in National City's case
is by the Mayor, with the approval of the City Council. The Board is also
empowered to appoint officers and employees.
VM. Meetings
Meetings shall be conducted in accordance with the Ralph M. Brown Act.
IX. Vote
Each party shall have one vote, provided that with respect to voting on bond
matters, a vote of a least one-half of the parities plus one additional party and
representing 51% of the population of the represented parties shall be
necessary to take action.
3
XVIII. Additional Parties
Additional public entities may join RSWA upon such terms and conditions as
the RSWA Board shall establish.
XIX. Staff
RSWA is authorized to hire employees and retain independent contractors,
who may include employees of the parities if those parties consent.
XX. Accounting, Investment, Financial. Personnel and Other Professional Services
This Section specifically authorizes RSWA to exercise the same authority
granted in Section XX to secure accounting and other professional services.
XXI. Accountability
RSWA is accountable for all funds and shall make an annual report of receipts
and disbursements to the parties.
XXII. Dissolution
The Agreement may be terminated and RSWA dissolved upon a two-thirds
vote of the RSWA Board. Upon termination , all net assets are returned to the
parties in proportion to their contributions.
XXIII. Insurance
RSWA is authorized to obtain appropriate insurance or to self -insure.
XXIV. Breach
This Section provides an informal dispute resolution procedure for disputes
involving a claim of breach by RSWA or any party. After the informal
process is exhausted by RSWA or the involved party, there is full access to
the courts.
6
XXV - XXI.
These sections include standard contractual language. Notable is Section
XXX, Amendment, which requires unanimous consent of the parties to amend
the Agreement.
GHE/gmo
c:\rswa.97
7
GEORGE H. EISER, III
City Attorney
FINAL: 9/01/97
REGIONAL SOLID WASTE ASSOCIATION
JOINT POWERS AGREEMENT
THIS AGREEMENT is made and entered into by and among the CITIES OF
DEL MAR, ENCINITAS, LEMON GROVE, NATIONAL CITY, POWAY,
SOLANA BEACH, VISTA or any four or more of them, each a municipal
corporation in San Diego County, California (acting through their respective
legislative bodies and collectively referenced herein as the "PARTIES").
INDEX
PAGE
I. FORMATION 2
II. MISSION 2
III. PURPOSES 3
IV. POWER AND AUTHORITY 3
V. SPECIAL CONTRACT PARTY 5
VI. BYLAWS 6
VII. ORGANIZATION 6
VIII. MEETINGS 8
IX. VOTE 8
X. DEBTS AND OBLIGATIONS OF PARTIES 8
XI. ASSETS AND OBLIGATIONS 8
XII. WASTESTREAM COMMITMENT _ 10
XIII. LIMITATION OF LIABILITY 11
XIV. INDEMNIFICATION OF PARTIES 11
XV. NO RIGHT OF CONTRIBUTION 13
XVI. IMMUNITY _ 13
XVII. WITHDRAWAL OF PARTIES 14
XVIII. ADDITIONAL PARTIES 16
XIX. STAFF 16
XX. ACCOUNTING, INVESTMENT, FINANCIAL, PERSONNEL
AND OTHER PROFESSIONAL SERVICES 16
XXI. ACCOUNTABILITY 16
XXII. DISSOLUTION 17
XXIII. INSURANCE 17
XXIV. BREACH 17
XXV. SEVERABILITY 18
XXVI. NOTICES 18
XXVII. DUPLICATE ORIGINALS 18
XXVIII. APPLICABLE LAW 18
XXIX. COUNTERPARTS 18
XXX. AMENDMENT 18
XXXI. DEFINITIONS 19
9/1/97
NIP
REGIONAL SOLID WASTE ASSOCIATION
JOINT POWERS AGREEMENT
(RSWA)
THIS AGREEMENT is made and entered into by and among the CITIES OF DEL MAR,
ENCINITAS, LEMON GROVE, NATIONAL CITY, POWAY, SOLANA BEACH, VISTA
or any four or more of them, each a municipal corporation in San Diego County, California
(acting through their respective legislative bodies and collectively referenced herein as the
"PARTIES").
WITNESSETH:
WHEREAS, the PARTIES to this Agreement are "public agencies" as this term is
defined in Section 6500 of the Government Code of the State of California;
WHEREAS, pursuant to California Government Code Sections 6500 et seed. (the
"Joint Exercise of Powers Act"), the PARTIES may jointly exercise any power common to
them as contracting parties;
WHEREAS, each of the PARTIES hereto has the power to site, develop, construct,
maintain, operate, lease and/or contract for disposal sites, sanitary landfills, resource
recovery facilities, transfer stations -.nd other facilities and services used for the collection,
transfer, management and disposal of solid waste generated within the territorial boundaries
of each of the PARTIES respectively;
WHEREAS, each of the PARTIES must comply with applicable federal, state and
local laws and regulations governing solid waste, such as the California Integrated Waste
Management Act of 19F , as amended from time to time (the "Act"); and the Resource
Conservation and Recovery Act of 1976 ("RCRA");
WHEREAS, the PARTIES find that it will be to their mutual advantage and benefit
to reasonably work together to meet the goals of: (i) siting, developing, acquiring,
constructing, maintaining, operating, owning, leasing and/or contracting for disposal sites,
sanitary landfills, resource recovery facilities, transfer stations and other facilities and
services; (ii) achieving the best practical collection, transfer, management and disposal of
solid waste; and (iii) compliance with applicable federal, state and local laws and
regulations governing solid waste, including but not limited to the Act;
WHEREAS, it is the desire of the PARTIES to use any power that they have in
common as reasonably necessary and appropriate to aid in the accomplishment of these
goals: and
WHEREAS, the PARTIES desire, by means of this Agreement, to establish a
separate agency and procedure to accomplish these goals.
9/1/97
NOW THEREFORE, based upon the mutual promises contained herein, the
PARTIES hereby agree as follows:
I. FORMATION
As of September 1, 1997 (the "Effective Date"), there is hereby created by the PARTIES
the Joint Powers Agency to be known as Regional Solid Waste Association (RSWA), which
is formed and organized pursuant to California Government Code Sections 6500 et mg.
RSWA is a public entity separate and distinct from the PARTIES.
II. MISSION
RSWA shall carry out its purposes and exercise its powers and authority in accordance with
the following mission statements:
A. RSWA shall promote economic efficiency in the management and handling of solid
waste;
B. The RSWA Members and Officers and, as appropriate, employees and consultants
of RSWA shall maintain an attitude of public service in the carrying forth their
assigned and assumed duties;
C. RSWA shall manage all aspects of solid waste utilizing the environmental protection
reasonably achievable as a matter of sound fiscal policy;
D. The PARTIES of RSWA shall approach the subject of solid waste as a matter of
regional concern;
E. The RSWA Members and Officers of RSWA shall endeavor to adopt the best
regional approach for management of solid waste;
F. RSWA shall operate in a fiscally sound manner utilizing resources such as fees, rates
and charges for the use of facilities, the provision of the services, and the cost of
operations as well as grants and bond proceeds.
G. RSWA shall provide protection to the PARTIES and hold each of them harmless
from liabilities arising from the management and operation of the RSWA.
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•
III. PURPOSES
The purposes of RSWA shall be:
A. To provide stable, long term, cost effective options for all aspects of regional solid
waste disposal.
B. To negotiate and enter into contracts for disposal of solid waste, as appropriate.
C. To coordinate and develop, as appropriate, all aspects of collecting, disposing,
recycling, transferring and regulating solid waste (including but not limited to
recyclables and hazardous waste).
D. Exercise of all other appropriate powers reasonably necessary to carry out the
mission and purposes of this Agreement.
IV. POWER AND AUTHORITY
RSWA shall have any and all powers authorized by law and common to all of the PARTIES
hereto, and separately to the Agency herein created, as reasonable and necessary to:
A. Acquire, site, develop, construct, finance, maintain, operate, own, lease and/or
contract for solid waste disposal sites, sanitary landfills, resource recovery facilities,
transfer stations and other facilities and services;
B. Collect, transfer, manage, dispose, recycle, reduce, and otherwise alter solid waste.
C. RSWA may collect solid waste in a Parry's jurisdiction, so long as the Party agrees.
D. If required by law, prepare solid waste management plans meeting the requirements
of the Integrated Waste Management Act;
E. Comply with applicable federal, state and local laws and regulations governing solid
waste.
F. Sue and be sued in its own name;
G. Make and enter into contracts;
H. Make and enter into agreements for the creation of separate public entities and
agencies pursuant to the Joint Powers Act;
I. Secure agents and employees by contract or at will;
9/1/97
3
J. Acquire, construct, maintain, operate, lease, sell, exchange, finance and/or otherwise
transfer real property, such as land, buildings and other works of improvement;
K. Acquire, maintain, operate, sell, lease, exchange, finance and/or otherwise transfer
personal property;
L. Establish a budget and authorize expenditures therefrom;
M. - Incur and discharge debts, liabilities and obligations, such as Financial Obligations;
N. Hold accounts, security interests, real and intangible assets;
O. Manage public funds and make investments according to California law;
P. Make and receive gifts, contributions and donations of real and personal property
and funds;
Q. Cooperate and provide other forms of assistance, and accept the same from persons,
firms, corporations and other governmental entities;
R. Cause to be prepared plans and studies related to solid waste management;
S. Prepare and support or oppose legislation related to solid waste issues;
T. Make application for, accept and manage grants;
U. Establish ordinances, requirements, and regulations applicable to the proper
functioning of the RSWA and create such penalties, fines and methods of
enforcement as shall be allowable by law for the carrying out of such ordinances,
requirements and regulations;
V. Contract for and utilize professional consultants and such new technologies as are
consistent with prudent solid waste management practices;
W. Undertake all tasks and do any and all things necessary or convenient to accomplish
the purposes as set forth herein.
X. Acquire and dispose of all kinds of property. The power of eminent domain shall not
be exercised within the territorial limits of any PARTY without the consent of said
PARTY;
9/1/97
4
MI
Y. Issue or cause to be issued bonds, notes, refunding and other indebtedness, and
pledge any property or revenue as security to the extent permitted by law (including,
but not limited to Articles 1 through 4 of Chapter 5, Division 7, Title 1 of the
California Government Code commencing with Section 6500, as amended from time
to time) or otherwise, including but not limited to bonds, or other evidences of
indebtedness of a nonprofit corporation issued on behalf of RSWA or any of its
PARTIES;
Z. Obtain in its own name all necessary permits and licenses, opinions and rulings;
AA. Impose rates, fees and charges;
BB. Whenever necessary to facilitate the exercise of its powers, form and administer
nonprofit :orporations to do any part of what RSWA could do, or to perform any
proper corporate function, and enter into agreements with such a corporation; and
CC. Take all actions necessary to comply with the terms, conditions and requirements of
this Agreement and all Financial Obligations.
DD. In obtaining facilities to accomplish its purposes, RSWA will obtain permits and
enter into agreements only if such documents contain a provision that the permit
issuing agency or other contracting party shall not act in an arbitrary or capricious
manner. For example: to obtain a permit or enter into a contract for the operation
of a facility to transfer or dispose of solid waste, RSWA may agree to conditions to
mitigate the impacts of the facility on the host agency that do not give the host
agency arbitrary control.
V. SPECIAL CONTRACT PARTY
An existing PARTY, or an agency applying to participate in RSWA, may propose to RSWA
a special contract that may limit the obligations and entitlements of the PARTY/applicant
as a participant in RSWA. If and when the special contract is executed, the
PARTY'S/applicant's obligations and entitlements would be the same as any other PARTY,
except as expressly modified by the special contract; and the PARTY/applicant would
thereafter be identified as a SPECIAL CONTRACT PARTY. If the special contract is not
executed, the applying PARTY may withdraw from RSWA in accordance with the provisions
of this Agreement, and the applicant agency may withdraw its application to participate in
RSWA.
The SPECIAL CONTRACT PARTY document may provide, among other things, a
limitation on the right to vote on matters related to bond financing, bond refinancing or
bond refunding, or other matters of which the contract has limited the financial obligations
of the SPECIAL CONTRACT PARTY.
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5
VI. BYLAWS
The Board shall adopt and may amend from time to time Bylaws for the administration and
management of RSWA. The RSWA Bylaws shall implement this Agreement, including but
not limited to:
A. Each RSWA Member shall receive compensation in an amount established in the
RSWA Bylaws. Compensation shall be per day for each day of attendance at
meetings of the Board or for each day of service rendered as a RSWA Member by
request of RSWA, together with any expenses reasonably incurred in the
performance of his or her duties as required or authorized by the Board.
B. An Executive Committee shall be formed with powers and duties as set forth in the
RSWA Bylaws;
C. The duties, functions, requirements, delegated powers and terms of service of the
chairman, vice-chairman, secretary, treasurer, controller and other officers, the
Executive Committee and other established committees, the General Manager and
General Counsel shall comply with all applicable laws and shall be as set forth in the
RSWA Bylaws; and
D. As required by the Joint Powers Act, the RSWA Bylaws shall set forth the officers
and other persons who shall have charge of or access to any property of RSWA and
shall require such persons to file official bonds in an amount set forth in the RSWA
Bylaws.
VII. ORGANIZATION
RSWA shall be governed by a Board composed of one elected member of the legislative
body of each of the signatory PAR1YS. The Board shall be the administering agency for
this Joint Powers Agreement, shall be vested with the powers set forth in this Agreement,
and shall execute and administer this Agreement in accordance with the purposes and
functions provided herein.
A. As required by law, a PARTY'S representative to the Board shall be appointed in
accordance with the respective PARTY'S appointing procedures, and the appointed
representative shall serve at the will of the represented PARTY.
B. RSWA Members shall be vested with the authority to vote on behalf of their
respective PARTY. Each RSWA Member shall be empowered by the appointing
resolution, proclamation or letter to be the representative of the PARTY. Each
Member shall participate by affirmation, rejection or abstention in the business of
RSWA before the Board. The decisions of the RSWA shall bind each PARTY,
unless otherwise provided.
9/ 1/97 6
C. Each PARTY shall designate one or more alternate representative(s). The alternate
shall be an elected official of the legislative body of the PARTY and in the absence
of the primary representative shall be empowered to act on behalf of the PARTY.
The alternate shall serve at the will of the appointing PARTY and shall be selected,
approved and empowered to act as set forth hereinabove.
D. The RSWA Board shall:
1. Elect a chairman, vice-chairman, treasurer/controller and appoint or elect a
secretary, and such other officers as the Board shall find appropriate. The
secretary or treasurer/controller may, at the discretion of the Board, be a
person who is not an elected representative of the legislative body of any
PARTY; however, if the secretary or treasurer/controller are not an elected
representative of the legislative body of any PARTY, then they shall not vote
on any matter before the Board. The chairman, vice-chairman,
treasurer/controller, secretary and other officers shall serve the Board at its
pleasure for such term as may be provided by the RSWA Bylaws. No more
than one Special Contract Parry may serve as an officer at any one time.
2. Form an Executive Committee, and such other committees as the Board shall
find appropriate. The Executive Committee shall make policy
recommendations to the Board and may exercise any other power of the
Board delegated to it by the RSWA Bylaws. The Executive Committee shall
be composed of RSWA Members representing PARilhS of geographic
diversity.
3. Provide general directives for the work of additional committees.
E. Chairman. The Chairman of RSWA shall preside at all meetings of the Board and
perform such other duties as the Board shall instruct or the RSWA Bylaws may
require. The duties of the Vice -Chairman shall be the same duties as for the
Chairman, in his or her absence.
F. Treasurer/Controller. The Board shall establish the Office of the
Treasurer/Controller or may contract with one of the PARTIES to perform these
functions. The Treasurer or the contracting PARTY shall be the depository of and
have custody of the money of RSWA and shall otherwise comply with the
requirements of California Government Code Section 6505.5, as the same may be
amended from time to time. The Controller shall comply with the requirements of
California Government Code Section 6505, as the same may be amended from time
to time.
G. General Manager. The Board may appoint a General Manager.
H. General Counsel. The Board may appoint legal counsel.
9/1/97
VIII. MEETINGS
RSWA shall conduct all regular and special meetings in accordance with the requirements
of the Ralph M. Brown Act, California Government Code Section 54950 et sea., as the same
may be amended from time to time, or in accordance with such other regulations as the
State legislature may hereinafter provide.
IX. VOTE
Except as may be otherwise set forth herein, RSWA Board shall urili7e the following voting
structure:
A. The method of voting for the Board shall be one PARTY/one vote (the "Primary
Vote").
B. Notwithstanding the above, with respect to any vote of the Board taken with respect
to bond financing, bond refinancing, bond refunding, or any other matter related to
bond obligations, a vote of at least one-half of the PARILhS plus one additional
PARTY and representing fifty-one percent (51%) of the total population of the then
represented PAR1ihS (as established annually by the State Department of Finance)
shall be required to approve such matters.
X. DEBTS AND OBLIGATIONS OF PAR1`LES
None of the debts, liabilities or obligations of RSWA shall be the debts, liabilities or
obligations of the PARTIES of RSWA unless assumed in a particular case by resolution of
the legislative body of the PARTY to be charged.
Notwithstanding the above, as may be allowed by law, any PARTY of RSWA may agree to
undertake Financial Obligations on behalf of RSWA pursuant to separate agreement
negotiated for the purpose of acquiring funding for the RSWA.
Nothing in this Agreement shall create any rights in any third party, nor shall this
Agreement waive any rights under law otherwise available to RSWA or any PARTY, except
as explicitly provided herein.
XI. ASSETS AND OBLIGATIONS
A. Accounts and Funds.
RSWA shall establish such accounts or funds as may be appropriate to the
management, operation, financing and support of the RSWA. The deposits of the
PARTIES to the accounts or funds shall be accumulated in a manner customary and
lawful for the support of solid waste enterprises by local authorities.
9/1/97 8
B. SoIid Waste Costs.
RSWA shall utilize other financing methods as may be appropriate to assure the
reasonable management, operation, financing and support of the RSWA.
C. Rates. Fees and Charges.
1. RSWA shall impose and collect rates, fees and charges for the use of
facilities, the provision of the services, and the cost of operations.
- 2. RSWA covenants that all rates, fees and charges shall be imposed, ch2rged
and revised from time to time so that the revenues of RSWA, together with
other funds or projected funds properly allocable to RSWA, will be sufficient
to satisfy the debts and Financial Obligations of RSWA, and all costs related
to the Obligations and Liabilities, if any, when the same are due and payable.
D. Audit.
At least once annually RSWA shall cause to be prepared a written audit for the
review of items of accounting (the "Rate Audit"), which shall include but is not
limited to:
1. The estimated revenues to be derived;
2. The estimated operating expenses;
3. The estimated amounts payable to debt service;
4. All general accounts, funds and other established accounts or subaccounrs of
RSWA;
5. AlI investment income to be derived from money on deposit;
6. The estimated tonnage of waste, rubbish, and garbage expected to be handled
or disposed of by the RSWA; and
7. A reasoned estimate of the minimum rates, fees; charges and other income
for the ensuing twelve (12) month period necessary and required to assure the
Financial Obligations and the covenants of this Agreement will be met.
The Rate Audit shall otherwise be prepared in accordance with the requirements for
such audit as are accepted or agreed to by RSWA in connection with any Financial
Obligation.
9/1/97
9
XII. WASTESTREAM COMMITMENT
To the extent allowed by law, each PARTY agrees that 100% of the garbage, rubbish and
solid waste, except as hereinafter provided, normal and customary for disposal at a Class III
landfill, generated within its jurisdiction and subject to control of the PARTY, shall be
committed to the RSWA. RSWA may, by vote of the Board, adjust the percentage
commitment of solid waste hereinabove stated from time to time. In no event shall a
PARTY be required to commit solid wastes generated by a state or federal governmental
entity, unless the PARTY has control over such solid wastes and elects to commit it.
Notwithstanding the above, each PARTY shall have the right, without penalty, to recycle
any solid waste by any means selected by said PARTY and all recycled solid waste, other
than recycling waste residue, shall be excluded from this commitment.
To the extent allowed by law, each PARTY shall establish, implement and carry out a waste
flow enforcement program in cooperation with RSWA. To the extent necessary and
appropriate to ensure that the PARTY's committed solid wastes are delivered to the RSWA,
each waste flow enforcement program may include one or more of the following:
A. License, permit, franchise or enter into agreements with solid waste haulers (whether
on an exclusive or non-exclusive basis), as necessary to assure compliance with the
solid waste commitment;
B. At the earliest date practicable, amend, revoke and/or revise any license, permit,
franchise or solid waste hauler agreement, to effect changes necessary to assure
compliance with the solid waste commitment hereinabove stated, including if and to
the extent necessary, amendments to provide explicitly that the affected party shall
have the right without material restriction to direct the delivery of the committed
garbage. rubbish and solid waste in accordance with the solid waste commitment;
C. Adopt ordinances or resolutions requiring the compliance of the general public or
any portion thereof with measures necessary to assure compliance with the solid
waste commitment;
D. Take authorized enforcement action pursuant to any license, permit, franchise or
waste hauler agreement, ordinance or resolution;
E. Defend against legal challenges to the validity of the affected PARTY's wastestream
commitment;
F. Undertake local municipal solid waste collection programs;
G. Implement alternative or substitute means of assuring compliance with the solid
waste commitment;
9/1/97
10
H. Impose fees and charges as necessary to fulfill its obligation to RSWA.
On and after the Effective Date, no PARTY shall enter into, issue or adopt any license,
permit, contract, agreement, lease, franchise, ordinance or resolution which is materially
inconsistent with the solid waste commitment.
XIII. LIMITATION OF LIABILITY
A. The debts, liabilities and obligations of RSWA shall be the debts, liabilities and
- obligations of RSWA alone, and shall not be a debt, liability or obligation of any of
the PARTIES.
B. Pursuant to Government Code Section 6508.1,any PARTY may separately contract
for responsibility for specific assets, debts, liabilities or obligations of RSWA.
C. Except with regard to the obligations that exist between RSWA and the PARTIES
as specified herein, nothing in this Agreement is intended to create any liability of
any PARTY to any person, organization, entity, or corporation, whether public or
private, which the PARTY would not otherwise have had; nor shall this Agreement
modify, increase, nullify or otherwise in any way affect any liability of any PARTY
to any person, organization, entity, or corporation, whether public or private.
XIV. INDEMNIFICATION OF PARTIES
A. RSWA shall protect, defend, indemnify and hold each PARTY harmless from any
loss, liability, or damage, including attorneys' fees, suffered by such PARTY by
reason of Iitigation, administrative action, or the imposition of administrative or civil
penalties under state or federal law, arising out of the operation and management
of the RSWA, whether prior to or following the Effective Date, including the
obligation to defend all PARTIES from and against any and all liabilities, claims,
penalties, forfeitures, suits, costs, and expenses incident thereto (including re-:. onable
attorney's fees), which said PARTIES may hereafter incur, become reapon` ale for,
or pay out as a result of the death or bodily injury to any person, and/or destruction
or damage to any property, contamination of, or other adverse effect on the
environment, costs of response to and/or penalties for violation of governing laws,
regulations or orders, resulting from or due to the release of Hazardous Substances
(defined beow). Notwithstanding the above, in no event shall the above
indemnification be provided to any PARTY where the act, omission to act or event
that is the subject matter of the indemnification is the result of the gross negligence,
wilful or intentional misconduct of the PARTY.
9/1/97
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Any such indemnification shall be recoverable only out of the RSWA's funds,
financing options available under law to RSWA, or other assets, and not from the
PARTIES.
As used hereinabove the term Hazardous Substance(s) shall mean any substance
included within the definitions of "hazardous substance," "hazardous waste,"
"hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant"
as defined under any federal, state or local statute, ordinance, code or regulation now
existing or hereafter enacted or amended, including but not limited to the following:
1. 42 United States Code Section 9601 et seq., which generally refers to
CERCLA., hazardous substances releases, liability and compensation;
2. 42 United States Code Sections 6901 et se ., which generally refers to the
Resource Conservation and Recovery Act (Solid Waste Disposal Act);
3. 33 United States Code Section 1251 et seq., which generally refers to the
Federal Clean Water Act;
4. 15 United States Code Sections §§ 2601 et sea., which generally refers to the
Toxic Substances Control Act;
5. 49 United States Code §§ 1801 et sea., which generally refers to the
transportation of hazardous materials;
6. 49 Code of Federal Regulations 172.101, which generally refers to the
transportation of hazardous materials;
7. 40 Code of Federal Regulations 302, which generally refers to the
management of hazardous materials;
8. California Health & Safety Code § 25316;
9. California Water Code § 13050(p);
10. Any substance listed in 26 California Code of Regulations §22-6680(d); and
11. Any other petroleum or refined petroleum product, asbestos, polychlorinated
biphenyl, a flammable explosive or radioactive material, or other material
which could cause a detriment to or impair the beneficial use of RSWA's
Assets, adjoining properties or otherwise or constitute a health, safety or
environmental risk to any person.
B. Pursuant to the provisions of the California Ton Claims Act (Government Code
Sections 810, et sea.), RSWA shall be required to indemnify, defend and hold
harmless each and every director, officer and employee of RSWA (including but not
9/1/97 12
limited to the staff and employees from any PARTY that performs any service or
function or provides any advice to RSWA on its business), from all claims, demands
and lawsuits that may be filed against any such person stemming from the activities
of the person in the course and scope of their employment and/or service on behalf
of RSWA; provided however, that any such claim or demand shall only be valid when
filed in compliance with the California Tort Claims Act.
C. No PARTY shall, solely by virtue of being a PARTY to this Agreement or by
performing any of the obligations or responsibilities of a PARTY, including but not
limited to, acting as a Member of the Board of RSWA Member's of RSWA or
directing or influencing policy decisions of RSWA, incur liability by reason of any
lawsuit or other actions brought under state or federal law, or any alleged violation
of any plan, rule, regulation, ordinance, criteria or guideline promulgated by any
federal or state regulatory agency.
XV. NO RIGHT OF CONTRIBUTION
Neither the Agency nor any of the PAR1IES shall have the right of contribution against any
other of the PARTIES for any liability of the Agency or any PARTY arising out of this
Agreement.
XVI. I fMUNrITY
All of the privileges and immunities from Iiabilities, exemptions from laws, ordinances and
rules, and all pension, relief, disability, workers' compensation and other benefits which
apply to the activity of officers, agents and employees of any PARTY when performing their
respective functions within the territory limits of their respective public agencies, shall apply
to them in the same degree and extent while engaged in the performance of any of their
functions or duties extraterritorially under this Agreement.
XVII. WITHDRAWAL OF PARTIES
Any PARTY may withdraw from RSWA in accordance with the provisions of this section.
A. Conditions Precedent to Filing for Withdrawal
If a PARTY desires to withdraw from RSWA, it must first provide a Notice for
Withdrawal to the Board in accordance with the following procedures.
1. Obligation to Meet and Confer
Prior to filing a notice of withdrawal, the PARTY shall meet and confer
diligently and in good faith with RSWA to discuss the reasons for the
9/1/97
13
proposed withdrawal and the likely results thereof, including, but not limited
to the following issues:
a. The alternate means of solid waste disposal reasonably available to the
PARTY.
b. Any offer of RSWA to provide services equivalent to the alternative
the PARTY is considering.
c. The financial effects of withdrawal on RSWA including the assets,
debts and Financial Obligations of RSWA.
d. The possible terms and conditions and date for withdrawal, and the
likely mitigation required . of the PARTY to offset the withdrawal's
adverse effects on RSWA.
2. PARTY Adopts Resolution
After the meet and confer process has concluded, the PARTY shall have the
right to notice its withdrawal from RSWA; provided, however, that the
legislative body of the PARTY shall only adopt a resolution of withdrawal
from RSWA after a noticed, public hearing by the P.ARTY'S governing body.
RSWA shall receive notice and a full opportunity to attend and comment on
the proposed resolution at the public hearing.
3. PARTY Files Notice
The notice of withdrawal of any PARTY shall include the following:
a. A copy of the resolution.
b. A statement of the reasons for the proposed withdrawal from RSWA,
including a narrative analysis of the meet and confer process and the
criteria set forth hereinabove.
c. A description of the means that the PARTY will use to meet its solid
waste disposal obligations if withdrawal occurs.
d. Such other reasonable information as RSWA may request.
B. RSWA Duty to Formulate Terms and Conditions for Withdrawal
RSWA, after a noticed. public hearing shall formulate the tentative terms and
conditions for the withdrawal of the PARTY. RSWA shall meet and confer in good
faith with the PARTY regarding the terms and conditions.
9/1/97 14
C. Terms and Conditions for Final Withdrawal
RSWA shall set such terms and conditions for withdrawal as are reasonably necessary
to mitigate, as a minimum, the pro rata share of any financial effects of withdrawal
on RSWA, including the assets, debts, operations and Financial Obligations of
RSWA. The terms and conditions shall reflect the following factors:
1. The effects of withdrawal on the RSWA and RSWA's ability to satisfy any
obligations undertaken pursuant to this Agreement, which will be caused by
the loss of revenues, charges or fees contributed from the PARTY for the
RSWA.
2. RSWA shall set a reasonable date for the PARTY's withdrawal; however, the
date shall be set so as to reasonably avoid impairment to the RSWA, RSWA's
ability to satisfy Financial Obligations, or any obligation of RSWA reasonably
related to the withdrawal of the PARTY.
3. The present value of the PARTY's contributions to the RSWA, including but
not limited to new facilities, existing facilities and operations, reserve funds,
and remaining landfill capacity and other assets, any or all of which will inure
to the benefit of the RSWA following withdrawal.
4. WithdrawaI shall be conditioned on the mitigation of any material and
adverse financial impacts to the holders of the Financial Obligations or on
other PARTIES resulting from the withdrawal.
D. Method of Compliance with Termination Conditions
Each PARTY, with RSWA's approval, may utilize any combination of methods for
mitigatinz the impacts of the PARTY's withdrawal, including but not Iimited to the
following:
1. Cash payment;
2. Continuing disposal of a portion of the PARTY's solid waste, rubbish or
garbage at a mutually agreed upon fee, which may or may not otherwise be
applicable to other PARTIES;
3. All methods for payment shall be sufficient to offset the adverse effects of
withdrawal on RSWA.
E. Time Frame for Completion of Withdrawal Process
RSWA shall in good faith and with due diligence process the PARTY's notice of
withdrawal. RSWA shall issue the terms and conditions for withdrawal within six (6)
months of the date of the resolution of withdrawal of the governing body of the
PARTY.
9/1/97
15
F. Recision of Withdrawal Decision
Withdrawal by a PARTY may be terminated by a resolution of the legislative body
of the PARTY submitted at any time during the process of withdrawal or after
issuance of the PARTY's notice for withdrawal; provided, however,: that the PARTY
shall bear the reasonable costs to RSWA of the consideration and processing of the
withdrawal to the date of the notice of recision.
XVIII. ADDITIONAL PARTIES
It is recognized that public entities other than the original PARTIES may desire to
participate in RSWA. Additional public entities may become parties to RSWA upon such
terms and conditions as may be set forth in a. resolution approved by a majority of the
Members of the RSWA Board.
XLX. STAFF
The employees of RSWA may be hired as full-time or part-time employees or may be hired
by independent contract for the provision of professional services. Employees or contract
employees of one or more of the PARTS may also be appointed to serve RSWA, and
shall be paid for by RSWA or, upon agreement of RSWA and any PARTY, may be
provided at the expense of the contributing PARTY. RSWA staff, other than employers
of a PARTY performing services for RSWA, shall be hired, promoted, disciplined or
terminated and shall have such rights of employment as RSWA shall determine, subject to
any applicable provisions of federal or state law.
XX. ACCOUNTING. INVESTMENT. FINANCIAL. PERSONNEL AND OTHER
PROFESSIONAL SERVICES
RSWA may hire such accounting, investment, financial and personnel services or other
professional consulting services as necessary, either on a full-time or part-time basis or by
use of full or part-time employees. Further, RSWA may independently contract for the
provision of necessary professional and other services. The existing staff of one or more of
the PARTIES may also be appointed to serve RSWA and shall be paid for by RSWA or,
upon agreement of RSWA and any PARTY, may be provided at the expense of the
contributing PARTY.
XXI. ACCOUNTABILITY
RSWA shall be held strictly accountable for all funds and shall make an annual report to
all PARTIES to this Agreement of all receipts and disbursements, all in accordance with
applicable provisions of the California Government Code and any other applicable statutes.
9/1/97
16
XXII. DISSOLUTION
This Agreement may be terminated, and the RSWA may be dissolved, upon a two-thirds
vote of the Members of the Board, subject to such terms and conditions for termination and
dissolution as the Members may establish; provided that, upon termination of this
Agreement any money or assets in possession of RSWA after the payment_ of all liabilities,
costs, expenses and charges validly incurred under this Agreement shall be returned to the
PARTIES in proportion to their contributions determined as of the time of termination.
XXIII. INSURANCE
The Board of RSWA is authorized to and shall procure general comprehensive liability and
other insurance or its equivalent by such means and in such amounts as may be reasonably
available and as the Board deems advisable to protect the RSWA and each of the PARTIES
hereto, charging the cost thereof to the operating costs of the RSWA. In the event coverage
is not available at a reasonable cost in the open market, RSWA shall establish such self-
insurance or pooled insurance participation or its equivalent as the Board deems advisable.
XXIV. BREACH
In the event that RSWA or any PARTY should at any time claim that RSWA or any
PARTY in any way breached or is anticipated to be in breach of this Agreement, the
complaining PARTY or RSWA shall file with the governing body of the entity alleged to
be in breach a written claim describing said breach or anticipated breach, The written claim
shalt state fully the facts and circumstances giving rise to the claim. The legislative or
governing bodies of the entities in disagreement, or their duly appointed representatives,
shall meet and confer in good faith no later than forty-five (45) days following the delivery
of the written claim for the purpose of resolving the claim.
Thereafter, but no later than ninety (90) days following the delivery of the written claim, the
Board shall hold a hearing on the matter giving all affected parties a right to be heard.
Immediately following the conclusion of said hearing, the Board shall cause the preparation
and delivery of a full report of its findings and recommendations to the legislative or
governing bodies of the PARTIES to the dispute. The report shall be advisory only, shall
not in any way bind RSWA nor any of the PARTIES to this Agreement, nor shall the report
be deemed to establish any presumptive or ultimate fact in issue.
Excepting only equitable or injunctive relief, which is necessary to prevent serious and
irreparable harm, no action arising from the breach of this Agreement may be filed and no
action shall be allowed by any PARTY to rescind or terminate this Agreement, unless and
until the dispute resolution process hereinabove stated is completed. However, in no event
shall any PARTY or RSWA be foreclosed from seeking additional dispute resolution
following the conclusion of the dispute resolution process.
At the conclusion of all dispute resolution undertaken in accordance herewith, RSWA
andior any PARTY may seek such equitable relief or damages as may otherwise be
available by law.
9/1/97
17
XXV. SEVERABILITY
Itis hereby declared to be the intention of the signatories to this Agreement that the
paragraphs, sentences, clauses and phrases of this Agreement are severable, and if any
phrase, clause, sentence or paragraph of this Agreement shall be declared .unconstitutional
or invalid for any reason by a valid judgment or decree of a Court of competent jurisdiction,
such unconstitutionality of invalidity shall not affect any of the remaining paragraphs,
clauses, phrases, and sentences of this Agreement.
XXVI. NOTICES
All notices required or given pursuant to this Agreement shall be deemed properly served
when deposited, postage prepaid, in the United States mail, addressed to each PARTY at
the address indicated on this Agreement adjacent to the signature line of each PARTY.
XXVII. DUPLICATE ORIGINALS
This Agreement may be executed in one or more duplicate originals, each bearing the
original signatures of the executing PARTY, and when so executed each duplicate original
shall be deemed an original of the Agreement admissible in court as evidence of the terms
of the Agreement.
XXVIII. APPLICABLE LAW
This Agreement shall be governed by the laws of the State of California and any legal action
with respect hereto shall be brought before an appropriate California court.
XXIX. COUNTERPARTS
This document may be executed in counterparts and the signatures of the PARTIES shall
be attached creating one Agreement.
XXX. AMENDMENT
No amendment to this Agreement shall be effective unless approved by unanimous consent
of the PARTIES pursuant to the Primary Vote. Further, all amendments to this Agreement
shall be in writing and signed by the PARTIES, and each provision of this Agreement and
each amendment thereto shall apply to and bind the legal representatives, successors and
assigns of the PARTIES hereto.
9/1/97 18
XXXI. DEFLhfITIONS
For the purposes of this Joint Powers Agreement forming the REGIONAL SOLID WASTE
ASSOCIATION, the following terms shall have the following meanings:
A. "Act" shall mean the California Integrated Waste Management Act of 1989, as may
be amended from time to time.
B. "Assets" shall mean real property and personal property of the RSWA. At the
election of RSWA, the term "Assets" may also include other items, including but not
limited to leases, easements, licenses, conditional use permits and other documented
land use approvals or restrictions, debt instruments, security instruments, warranties
and guarantees, personnel and labor contracts, hauler agreements, environmental
permits and regulatory approvals (such as federal, state, regional or local air quality
permits, NPDES permits, waste discharge permits, health department permits, EPA
documents, State Integrated Waste Management Board approvals or documents,
OSHA Permits, Business Plans and other Health and Safety Plans).
C. "Board" shall mean the governing board of RSWA organized in accordance with the
provisions of this Agreement.
D. "Financial Obligations" shall mean the instruments of financial obligation, including
but not limited to loans, guarantees, secured instruments, bonds, mortgages or other
financial obligations becoming due or payable from RSWA.
E. "Member" shall mean the individual representing the "PARTY".
F. "PARTIES" shall mean the Cities which sign the Joint Powers Agreement establishing
the Regional Solid Waste Association and such other local governing entities as may
be approved for membership in RSWA pursuant to the terms and conditions hereof.
The term "PARTY" shall mean any individual entity which signs the Joint Powers
Agreement establishing the Regional Solid Waste Association.
G. "RSWA" shall mean the Regional Solid Waste Association as duly formed and
authorized by this Agreement.
H. "RSWA Bylaws" shall mean the rules, regulations and requirements for the conduct
of the business of RSWA as prepared by the Executive Committee and approved by
the Board.
I. "Special Contract Party" shall mean an entity whose obligations and entitlements are
limited by a special contract with RSWA.
9/1/97
19
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement to be
effective on the date first above written.
DATE SIGNED:
PARTY:CITY OF
BY:
MAYOR
ATTEST:
CITY CLERK
Approved As to Form:
BY:
CITY ATTORNEY
9/1/97 REGIONAL SOLID WASTE ASSOCIATION
20
NIP
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 16, 1997
3
AGENDA ITEM NO
AT T W.110N AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT
WITH EDCO FOR COLLECTION OF RUH AND TRASH IN THE CITY
PREPARED BY C.R. Williams, Jr,
EXPLANATION _
See attached Report.
DEPARTMENT Public Works
Environmental Review X N/A
Financial Statement
No direct impact on finances of National City.
Account No.NiA
STAFF RECDMMENDATb0N .
RPPT� + of ion authorizing t
with EDCO pertaining to Term.
ayor to execute a modification to the current Rubbish contract
HARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below) Resolution No 97-119
A-200 (Bev. 9/80)
RESOLUTION NO, 97-119
RESOLUTION OF THr; CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AMENDMENT TO
THE AGREEMENT FOR COLLECTION OF RUBBISH
AND TRASH IN THE CITY OF NATIONAL CITY
WHEREAS, on September 25, 1990, the City and Edco Disposal
Corporation entered into an agreement entitled "Agreement for Collection of Rubbish and
Trash in the City of National City by and between the City of National City and Edco
Disposal Corporation for Services Rendered", and
WHEREAS, said agreement was amended on June 22, 1993 pursuant to
Resolution No. 93-86, and on November 9, 1993 pursuant to Resolution No. 93-176; and
WHEREAS, the City and Edco Disposal Corporation now desire to amend
Section I of said agreement, concerning the term of the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to execute an Amendment to the
Agreement for Collection of Rubbish and Trash in the City of National City by and
between the City of National City and Edco Disposal Corporation for Services Rendered.
Said amendment is on file in the office of the City Clerk.
PASSED and ADOPTED this 16th day of September, 1997.
Al 'EST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
/3 gi,
George H. Eiser, III
City Attorney
George H. Waters, Mayor
SUBJECT:
Request for Extension of EDCO Contract
ISSUE:
Should the current contract with EDCO for trash services, which expires 30 June 1999, be
renewed.
RECOMMENDATION:
That the current EDCO CONTRACT be amended to a "5 year EVERGREEN" contract.
ADDITIONAL RECOMMENDATIONS:
That this "Evergreen" amendment remain in force so long as the Company is owned by Ed
Burr. If the Company is sold, the contract will revert to a fixed term in which the term will
be from the date of sale to the next anniversary date (30 June) plus 2 years.
FISCAL IMPACT:
No change in impact on City funds is anticipated as a result of this contract amendment.
BACKGROUND:
The City has contracted with EDCO for trash services for many years. Some of the
provisions have been changed, and the contract itself has been extended in 10 year and 5
year increments, the last being a 5+ year teen extension which expires June 1999. The City
has in the past approved early extension, primarily to permit amortization of capital
equipment costs over a reasonable period.
The CALIFORNIA LEGISLATURE, recognizing the special nature of refuse services and
the heightened need for stability in the obtaining of those services has provided authority for
Refuse services to be obtained or extended by Jurisdictions without the otherwise required
bidding process. As indicated, that authority has been used in the past to extend our
franchise agreement with EDCO and it is proposed to use that authority again.
DISCUSSION:
EDCO's current fixed term contract expires in June 1999. EDCO has made significant
capital expenditures in the recent past, and anticipates making significantly more in the near
future. A contract extension beyond the June 1999 date is required to permit amortization of
the portions of those costs directly (and indirectly) related to provision of economical refuse
services to National City. Significant portions of this capital investment offer the
opportunity of increased flexibility in refuse disposal by the City. Such flexibility will help
ensure maximum economies and minimum prices to our citizens in relation to refuse
services.
The anticipated capital facilities and equipment will offer to the City an enhanced capability
of obtaining a higher level of recycling (especially in the multi -family accommodations),
which will make it much easier to meet the AB939 goal of reducing refuse going into the
landfills by 50% in 2000 over the amount being landfilled in the base year of 1990.
In the area of quality of service, EDCO has been providing refuse services for a significant
time. A good measure of the quality relates to the complaints received. I receive 3 to 5 per
year, not all of which the result of poor quality service. EDCO representatives have been
quick to respond. and have gone the extra mile to obtain customers satisfaction. I am
unaware of complaints reaching the Iviayor/Council level in the recent past.
The cost of the service, while not the lowest in the region, is certainly among the lowest.
The aggressive effort by EDCO to increase recycling, to increase green waste recycling, to
find a reduced cost recipient for processing green wastes, and to make the investment in
articulated trash trucks have all servedto enhance the among -the -lowest position with
respect to price.
As you are aware, EDCO has become a respected member of Our Community. Even though
Mr. Burr personally lives elsewhere, and the seat of his business is in Lemon Grove, he has
encouraged his staff to become a part of our Community. They have done so with a high
level of effort. Their personal involvement in the City and the Company's contributions in
terms of money and other support are well-known.
With the Legislative provision for awarding and/or extending refuse contracts based upon
"best interest"' of the City, most refuse contracts in the State were renewed. In the past, 10
year fixed length contract seems to have been standard, with some jurisdictions going for
bids and some shortening the term to less than that. Recognizing, in yet another way the
capital requirements of the business, the Legislature made it mandatory for Jurisdictions to
provide 5 years notice to solid waste enterprises if the Jurisdiction decided to change from
an "open"' solid waste handling serviced to an "exclusive" franchise solid waste handling
service (AB939 (SHER) Public Resources Code).
A type of contract has come to forefront recently that provides assurance to both parties of
continued refuse service. It is termed an "Evergreen" type contract. In this particular
instance" it is proposed that the term of the existing contract be modified as follows:
• The Anniversary date will be 30 June (to coincide with our fiscal year).
• It will be a 5 year "Evergreen contract.
• On the first anniversary, the contract will run for 5 years.
• Either party, within 30 days of an anniversary date, may notify the other party that the
"automatic- one year extension will not occur. The contract will then have 5 years to
run.
• If neither party exercises its authority to not renew, then the term of the contract will be
automatically extended by one year. Hence the name EVERGREEN.
• The Contract may be terminated at anytime, in accord with its existing provisions, for
cause.
• This "Evergreen" provision is revised if the Company is sold, to become a fixed term
contract with the term being from the date of sale to the next anniversary date plus two
years.
This type contract is similar in many respects to a fixed term type contract. A fixed term
runs for a set number of years, and is subject to termination for cause. If either party
determines that the "Evergreen" option is not to be exercised, and so notifies the other party
in the 30 days prior to the anniversary date, the contract then becomes essentially a 5 year
fixed term. The advantage of the Evergreen type contract is that if both parties are satisfied
with the contract at its anniversary, it is automatically renewed, with no action required by
either party.
The additional provision pertaining to sale of the Company has been included as additional
protection for the City. The "Evergreen" type contract is being recommended primarily
because of the excellent service and reputation of EDCO. I would not have that same
confidence if the Company were sold to some outside group. My recommendation is that if
sold (outside of Ed Burr family - since it is a family business) that the new owners have a
year plus to show us what kind of a job they can do, and a year to either establish a longer
term relationship or go out to bid for the service.
ALTERNATIVES:
Three alternatives are available:
1. Deny EDCO request to renew the contract early, and deal with the situation at a later
date. prior to its expiration June 1999. NOT RECOMMENDED. This approach would
not give either EDCO or the City adequate time to effect alternatives to the current refuse
service provision.
Advise contractor that extension will not be considered, and that contract will be placed
for bid in time to commence collection 1 July 1999. NOT RECOMMENDED. I have
no confidence that bidding out the contract will have any long term benefits to the City.
We have a good contractor who does an outstanding job for a comparable price, who has
been amenable to contract changes requested by the City, and who has become a solid
member of our Community. I am not sure what the long range impact will be of the
larger waste services companies expanding almost exponentially by buying up smaller
companies. In some areas, that situation itself has served to reduce competition.
3. Extend contract for 10 year or 5 year fixed term. These are viable options but they are
not recommended. Ten years, although many refuse contracts I understand are for such a
period, my reading of Council is that this may be too long a commitment for us. A 5
year fixed term could work, but in 3 or 4 years, the Contractor, of necessity, will be back
for an extension. And, assuming we are still satisfied with performance, an extension
would probably be granted. The net result being that we will have the same contractor
without the benefits that accrue to both of us by stability in refuse service.
CONCLUSION:
There appears to be little probability that long term savings can be realized by bidding out
the refuse services. Recent Industry wide consolidations have had the effect of reducing
completion, while our present contractor has an -among -the -lowest price at present. There is
also concern that the present excellent service being received would certainly degrade
initially under another contractor, and might never recover.
A contract extension at this time appears warranted for the benefit of both parties in view of
the volatile nature of the Refuse situation locally. Although a fixed term contract is a viable
alternative, an EVERGREEN type contract, being automatically extended by one year at its
anniversary date and running for 5 years if either party determines that it is not in their best
interest to renew, would provide the stability in refuse services that both the contractor and
the City need in this environment.
AMENDMENT TO AGREEMENT
FOR COLLECTION OF
RUBBISH AND TRASH
IN THE CITY OF NATIONAL CITY
This Amendment to Agreement is made and entered into this 16th day of September
1997, by and between the City of National City, hereinafter referred to as "CITY", and Edco
Disposal Corporation, hereinafter referred to as "CONTRACTOR".
RECITALS
A. On September 25, 1990, CITY and CONTRACTOR entered into an
agreement entitled "Agreement for Collection of Rubbish and Trash in the City of National
City by and between the City of National City and Edco Disposal Corporation for Services
Rendered".
B. Said agreement was amended on June 22, 1993 pursuant to Resolution No.
93-86.
C. Said agreement was amended on November 9, 1993 pursuant to Resolution
No. 93-176.
D. CITY and CONTRACTOR now desire to amend Section I of said agreement,
concerning the term of the agreement.
NOW, THEREFORE, the parties hereto mutually agree to amend Section I of the
Agreement for Collection of Rubbish and Trash in the City of National City by and between
the City of National City and Edco Disposal Corporation for Services Rendered, as follows:
TERM. The term of this Agreement shall be amended to commence October 1, 1997
and expire June 30. 2003, provided however, that commencing July 1, 1998 and every year
thereafter, automatic one year extensions shall be applied to said Agreement so that the term
of the Agreement shall remain between five (5) and six (6) years.
Should either party desire that said automatic one year renewal and extension provision be
terminated. such party may give the other written notice of such termination not less than
thirty (30) days prior to July 1 of any year of the Agreement. Such notice will terminate the
automatic one year renewal and extension provision, and the Agreement shall remain in
effect for the balance of the term then outstanding.
This amendment is to remain in force so long as the Company is owned by Ed Burr. If the
Company is sold, the contract will revert to a fixed term contract wit the fixed term being
from the date of sale to the next anniversary date (1 July) plus two years.
Except as otherwise provided herein, all of the provisions of the Agreement for
Collection of Rubbish and Trash in the City of National City by and between the City of
National City and Edco Disposal Corporation for Services Rendered, dated September 25,
1990, and as amended on June 22, 1993, and on November 9, 1993, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the
date first above stated.
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
George H. Waters, Mayor
EDCO DISPOSAL CORPORATION
By:
By:
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 16, 1997
AGENDA ITEM NO 4
ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL
CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION
PREPARED BY
EXPLANATION
Roger C. DeFratis
Personnel Dire
DEPARTMENT
Personnel
Representatives of the City met and conferred with representatives of the National
City Police Officers' Association and reached an agreement on a proposed two (2)
year Memorandum of Understanding concerning salaries, benefits, and other
conditions of employment. The proposed Memorandum of Understanding has been
approved by the members of the Association. The effective date of this M.O.U.
would be July 1, 1997, and continuing through the end of fiscal year 1998-1999.
A summary of the significant changes to the current M.O.U. is attached, and a full
copy of the agreement is on file in the Office of the City Clerk.
Environmental Review
xx N/A
Financial Statement
This agreement would direct the City Manager to allocate the necessary funds to the
appropriate accounts. The estimated general fund cost is approximately $142,500 for
1997-98 fiscal year for increases in salary and benefits. Account No
STAFF RECOMMENDATION
Recommend approval of the Memorandum of Understanding and proposed Resolution.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No 97-120
1. Proposed Resolution
2. Summary of Changes
A-200 (Rev. 9/801
RESOLUTION NO. 97-120
RESOLUTION OF '1'HE; CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
A MEMORANDUM OF UNDERSTANDING BETWEEN
1'HE CITY OF NATIONAL CITY AND '1HE
NATIONAL CITY POLICE OFFICERS ASSOCIATION
WHEREAS, the City has met and conferred with representatives of the
National City Police Officers' Association; and
WHEREAS, said meet and confer was conducted pursuant to California
Government Code Section 3500, et seq.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The City Manager is hereby authorized to enter into a
Memorandum of Understanding (MOU) between the City of National City and the
National City Police Officers' Association for the period July 1, 1997 through June 30,
1999.
SECTION 2. The City Manager is hereby directed to reflect the
compensation plan as set forth in the subject MOU in the final budget for Fiscal Year
1997-98.
Said Memorandum of Understanding is on file in the office of the City
Clerk and reference is made thereto for all particulars contained therein.
PASSED and ADOPTED this 16th day of September, 1997.
AllEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
242sar
George H. Eiser, III
City Attorney
George H. Waters, Mayor
SUMMARY OF TENTATIVE AGREEMENT
CITY!POA
08-25-97
TERM
2- YR.
SALARY
2.5"/o (07-01-97) ALL EMPLOYEES PLUS 1% FOR SERGEANTS
1% (06-30-98) ALL EMPLOYEES
3% (01-12-99) ALL EMPLOYEES
HEALTH
02-01-98 EMP. ONLY - $285/MO.
EMP. + 1 - $295/MO.
EMP. + 2 - $305/MO.
VACATION
SELL BACK
CONTINUE SUSPENSION OF ACCUMULATION LIMIT UNTIL JANUARY 1998
POLICE OFFICERS, SENIOR OFFICERS AND LIEUTENANTS:
IF EMPLOYEE USES AT LEAST 1/2 ACCRUAL,IN DECEMBER.
MAY SELL MIN. 20 HRS/MAX. 40 HRS.
SERGEANTS: IF EMPLOYEE USES AT LEAST 1/2 ACCRUAL,
IN DECEMBER MAY SELL MIN. 40 HRS./MAX. 80 HRS.
EDUCATIONAL
INCENTIVE
LIMIT REIMBURSEMENT TO $1500/YEAR AT ANY ACCREDITED
SCHOOL WITH MORE SPECIFIC GUIDELINES ON JOB -RELATEDNESS
UNIFORMS
INCREASE TO $525/YEAR FOR SWORN OFFICERS AND ALLOW
COUNCIL TO DECIDE WHETHER SCHOOL LIAISON PAY TO CONTINUE
OVERTIME
ELIMINATE DAILY OVERTIME PROVISIONS
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE Sept. 19, 1997
5
AGENDA ITEM NO
ITEM TITLE Resolution of the City Council of the City of National City
supporting a County -Wide ballot measure to permit local voter approval
for A one -quarter cent sales tax for Libraries.
PREPARED BY Anne Campbell at,. DEPARTMENT Library
EXPLANATION.
A temporary sales tax increase of one -quarter cent in San Diego County to benefit
libraries is proposed for the June 1998 ballot. In November of 1996 the citizens
of National City supported a similar measure with a 71% majority. In October, the
San Diego County Board of Supervisors is scheduled to consider the creation of a
regional Library Authority. The Library Authority would then consider drafting a
ballot question to be placed before the voters on June 2, 1998.
Revenues collected from the tax would be used for funding public libraries in San
Diego County, including the County Library System and city library jurisdictions.
The revenue collected would be distributed on a "point of sale" formula, with
revenue for National City expected to be more than415 million. The funds would be
used to supplement existing appropriations.
Environmental Review
X N/A
Financial Statement Actual fiscal impact for National City is unknown at
this time.
Account No.
TAFF RECOMMENDATION Approve resolution
BOARD/COMMISSION RECOMMENDATION The Library Board of Trustees support
the 1/4 cent sales tax measure for library improvements.
ATTACHMENTS (Listed Below) 97-121
Resolution No
Resolution
A-200 (Rev. 9/80)
From a memo sent to all senior International Telephone &
Telegraph Co. managers during the early years of Geneen's mem-
orable reign:
Effective immediately, I want every report to spe-
cifically, directly and bluntly state at the beginning a
summary of the unshakable facts. The highest art of
professional management requires the ability to smell
a real fact from all others and, moreover, to have the
intellectual curiosity, guts or plain impoliteness neces-
sary to be sure that what you have is what we will call
an unshakable fact.
Harold Geneen is chairman emeritus of Interna-
tional Telephone & Telegraph Co.
NOTE: COUNCIL AGENDA STATEMENTS ARE DUE IN THE CITY MANAGER'S OFFICE
BY 9 A.M. THURSDAY PRECEDING THE CITY COUNCIL MEETING.
OW
RESOLUTION NO. 97-121
RESOLUTION OF 1'HE: CITY COUNCIL
OF THE CITY OF NATIONAL CITY
IN SUPPORT OF A COUNTY -WIDE
BALLOT TO PERMIT LOCAL VOTER
APPROVAL FOR A ONE -QUARTER
CENT SALES TAX FOR LIBRARIES
WHEREAS, citizens throughout the San Diego County region rely on
their community libraries for a variety of services; and
WHEREAS, current funding levels are insufficient to provide for essential
library programs and operations; and
WHEREAS, a number of library facilities are in desperate need of
replacement, repair, remodeling or expansion to properly serve library patrons; and
WHEREAS, hours of operation have been reduced for many libraries due
to funding constraints; and
WHEREAS, current funding levels are insufficient to pay for an
information -age library system; and
WHEREAS. libraries serve youngsters from pre-school to college, parents
and seniors, as well as businesses; and
WHEREAS, libraries are a vital part of each community; and
WHEREAS, a sales tax increase of one -quarter cent for a period of five
years would generate over $50 million annually for the entire region; and
WHEREAS, the San Diego County Board of Supervisors may authorize
the formation of a San Diego County Library Authority to place the ballot measure on
the June, 1998 ballot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the City Council hereby supports a ballot measure for local voter
approval of a one -quarter cent sales tax rate increase for five years to be used
exclusively for library purposes.
Resolution 97-121
September 16, 1997
Page Two
BE IT FURTHER RESOLVED that the City Council urges the San Diego
County Board of Supervisors to support the formation of a San Diego County Library
Authority.
PASSED and ADOPTED this 16th day of September, 1997.
Al iLST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
/' oer) g#4
George H. Eiser, III
City Attorney
t
George H. Waters, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 16, 1997
AGENDA ITEM NO. 6
ITEM TITLE
PREPARED BY
EXPLANATION
REPORT ON NEW VOTING PROCEDURE FOR SAN DIEGO COUNTY WATER AUTHORITY.
George H. Eiser, III
See attached memorandum
DEPARTMENT
City Attorney
X
Environmental Review N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Provide direction as to designation of Water Authority Director from another member agency to
vote in the absence of the City's representative.
BOARD/ COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
Memorandum from City Attorney
Memorandum from General Counsel of County Water Authority, with sample resolution.
A•200 (Rev. 9/801
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950
George H. Eiser, I11 • City Attorney
(619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615
TO: Mayor and City Council DATE: September 12, 1997
FROM: City Attorney
SUBJECT: Report on New Voting Procedure for San Diego County Water Authority
Recently, the State Legislature adopted AB692, effective January 1, 1998, amending the
County Water Authority Act, as follows:
• Notwithstanding that representatives are appointed for a fixed term of six
(6) years, members of the board of directors serve at the will of the governing
body of the public agency from which the member is appointed and may be
removed by a majority vote of the governing body without a showing of good
cause.
• In addition to one representative, any public agency may, at its option,
designate and appoint one additional representative for each full 5 percent of the
assessed value of property taxable for authority purposes which is within the public
agency. (The total of National City's assessed valuation does not equal 5 percent
of the member agencies' total assessed valuation; see Attachment "A").
• Each member of the board of directors shall be entitled to vote on all
actions coming before the board and shall be entitled to cast one vote for each five
million dollars, or major fractional part thereof, of the total financial contribution
paid to the authority that is attributable to the public agency of which the member
is a representative, provided that no public agency shall have votes that exceed the
number of the total votes of all other public agencies. (National City's total
financial contribution as of July 1, 1997 is $45,046,563; see Attachment "A").
• The affirmative votes of members representing more than 50 percent of the
number of votes of all the members shall be necessary to carry any action coming
before the board of directors. However, if the public agency member having the
largest total financial contribution to the authority has more than 38 percent of the
total financial contribution to the authority, (i.e. the City of San Diego) the
affirmative votes of members representing more than 55 percent of the number of
votes of all the members shall be necessary to carry any action coming before the
board of directors.
® Recycled Paper
September 12, 1997
Page Two
• "Total financial contribution" includes all amounts paid in taxes, assessme-
nts, fees, and charges to or on behalf of the authority with respect to property
located within the boundaries of member public agencies, including, but not
limited to, standby charges, capacity charges, ready to serve charges, connection
and maintenance fees, annexation fees and charges for water delivered to member
public agencies by the authority excluding the cost of treatment for the water.
(The total financial contribution and the number of votes of each member public
agency of the Water Authority is shown on Attachment "A").
• Subject to confirmation by his or her public agency, a member of the board
of directors may designate another member of the board of directors to vote in his _
or her absence. The designation and the confirmation shall be by a written
instrument filed with the authority. If a director will be absent and wishes the
designee to cast the vote, a written notice shall be filed with the secretary of the
board of directors. If the notice is not received by the authority, the vote of the
absent director will not be counted. The designation, confirmation, and notices
shall be maintained on file with the authority. The designation may be changed
from time to time with the confirmation of the representative's agency. The
designation shall not direct how the absent representative's vote shall be cast on
any matter.
City Council direction is requested as to whether the Council wishes to exercise its option
to designate another member of the Board of the Water Authority to vote in the absence
of the City's regularly -appointed representative. The Council may wish to solicit the
input of Frank Chenelle, its appointed representative, on this issue. If the Council
decides to proceed, the appointment would be made by the Mayor, with approval of the
City Council. The appointment would be memorialized by adoption of a resolution,
similar to the sample resolution provided by the Water Authority's General Counsel, a
copy of which is attached.
GHE/gmo
Attachments
c:lvote.wtr
GEORGE Fi. EISER, III
City Attorney
AGENCY
Carlsbad Municipal Water District
City ofDel Mar
City of Escondido
Fallbrook Public Utilities District
Helix Water District
tVational City
City of Oceanside
OGyenhara Municipal Water
District
Otay Water District
Padre Darn Municipal Water .
District
Pendleton Military Res.
City of Poway
Rainbow Municipal Water District
Ramona Municipal Water District
Rincon Del Diablo Municipal
Water District
City of San Diego
San Dreg ..Tito Water District
Santa Fe Irrigation District
South Bay Irrigation District
Vallecitos Water District
Valley Center Municipal Water
District
Vista Irrigation District
Mama Municipal Water District
TOTALS:
Total Financial
Contribution
July 1, 1997
$129,787,,887
13,712,188
123,,9 _9 059
116,801,107
356,506,629
4,5 046.563
192, 690,117
Attachment "A"
VOTES
25.96
2.74_
25.78
23.36
71.30
9.01
38.53
73, 73 .684 14.75
j46, 294,367 29.26
142,768,544
10,921, 265
82,602, „57
194,841,500
55,220,318
69, 024,271
1,864, 642 414
51,831,643
64 850,359
139, 063, 067
64 994, 093
243.877685
118, 493,118
15,146,776
$4,331, 789 341
28.55
2.18
16.32
38.96
13.04
13.80 .
37? 97
10.37
1?97
27.81
13.00
48.77
23.70
• 3.03
86636
6 San Diego County Water Authority
VLNCENT F. BIONDO, JR.
General Counsel
JAMES J. TAYLOR
Deputy General Counsel
A Public Agency
3211 Fifth Avenue • San Diego, California 92103-5718 • 3
(619) 682-4113 FAX (619) 295-2815 (---1C�? -B
�'I' I i •
September 3, 1997
TO: Member Agency General Managers
FROM: Vincent F. Biondo, Jr., General Counsel
RE: AB 692 (Morrow) New Authority Voting Procedure
The above -referenced bill was signed by the Governor on August 27, 1997, and has
been chaptered as Chapter 368, Statutes of 1997. It substantially amends Section 6,
Chapter 45 of the Water Code -Appendix to provide a new voting procedure for the Authority,
based on total financial contribution. A copy of AB 692 is enclosed.
The bill also adds a new subsection (g) to Section 6 of the Water Authority's Act to
provide an option for a member agency to have its votes cast when its representative is
absent from a meeting. An agency's representative to the Authority Board may designate
another member of the Authority's Board of Directors to cast that agency's votes. The
governing body of the agency must then adopt a resolution confirming that designation. If
your agency wishes to implement the new option, a sample resolution to do that is enclosed.
As it stands now, an agency's votes are not cast when its representative is absent. If
no action is taken on the resolution, the existing situation will continue. However, you may
want to keep in mind that AB 692 now requires a yes vote by 55 percent of the total possible
votes for all Authority actions, so if an absent agency's votes are not cast, that will have the
same effect as a no vote.
Although the resolution can be adopted at any time, please consider submitting the
question to your legislative body, and having a decision made prior to January 1, 1998, the
effective date of the legislation. A certified copy of the resolution should be filed with Janet
Maltman, Board Secretary, at the above address. Please let her know either way, so the
administrative steps necessary to implement the alternative voting system can be
programmed into the Authority's computer.
VFB:ps
Enclosures
cc: Board of Directors
Member Agency Attorneys
Mien A. Stapleton
• Del Mar • Elmndldo • National Gh
• Ocean„de • ,o..o. • Son D.ego
COUNTY
• San 04e,
VINCENT F. BIONDO, JR.
General Counsel
MEMBER AGENCIES
IRRIGATION DISTRICTS WATER DISTRICTS MUNICIPAL WATER DISTRICTS
- soma '.Spurn Say • Owr • Corl,00d • Ramona
. V.v. • Son Doequ, n • O6.n • a,n n del Ombto
• Vallecn0, • Pod eDom • Valle, Center
• Pa,n00.. • canna
PUBLIC UTILITY DISTRICT
ailbroo.
FEDERAL AGENCY
• Pendleton M,I,Io(d PerervanOn
PRINTED ON RECYCLED PAPER
RESOLUTION NO 97-
A RESOLUTION OF THE f NAME OF GOVERNING BODY)
OF THE (NAME OF AGENCY) CONFIRMING (NAME OF
DESIGNEE) TO VOTE IN THE ABSENCE OF THE
AGENCY'S REPRESENTATIVE TO THE SAN DIEGO
COUNTY WATER AUTHORITY
WHEREAS, Section 6(g) of the County Water Authority Act (Chapter 545 of the
Statutes of 1943, Chapter 45 Water Code -Appendix) provides that a member agency's
representative . the San Diego County Water Authority may designate another
member of the Board of Directors of the Water Authority to vote in the absence of such
representative, provided the designee is confirmed by the governing body of the
member agency; and
WHEREAS, (name of agency representative to the Authority) has designated
(name of another Authority Director);
NOW, THEREFORE, BE IT RESOLVED, by the (Board of Directors or City
Council), as follows:
Section 1. That (name of designated Authority Director from another member
aaencv) is hereby confirmed and authorized to vote for the (name of aaencv)
representative to the San Diego County Water Authority when (he/she) is absent from a
meeting of the Authority.
Section 2. That the (Secretary of the Board - City Clerk) is directed to file a
certified copy of this Resolution with the Board Secretary of the San Diego County
Water Authority.
PASSED, APPROVED AND ADOPTED, this day of 1997.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
(Secretary to Board of Directors - City Clerk)
H:\WCRD6\REOLLITN\MEM-AGC.00C
(Chair of the Board of Directors - Mayor)
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 16, 1997 7
AGENDA ITEM NO.
I. ITEM TITLE
TEMPORARY USE PERMIT - MISSION YOUNG ADULT GROUP
PREPARED BY
Michael Bouse, Director
EXPLANATION.
DEPARTMENT Building and Safety
This is a request from Mission Young Adult Group to pass through the City of National City during
their San Diego walk -a -ton. Approximately 70 walkers will pass through National City from 11:00
a.m. to 1:00 p.m. on Saturday, September 20, 1997. The walkers are scheduled to enter National City
walking South on Euclid Avenue, West on 8th Street, then South on National City Blvd. to the Chula
Vista City limits. An admittance fee will be charged for each walker. Proceeds for this fund-raiser
will go to the construction of a church in the Tijuana/Baja California area. The event does not qualify
for a waiver of fees pursuant to City Council Policy No. 704, in that the proceeds from the event will
accure solely to the sponsoring organization.
Environmental Review X N/A
Financial Statement
The City has incurred $137.00 in costs for processing the T.U.P. Application through various City
departments. N/A
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval and deney the request for a waiver of fees.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
Application For A Temporary Use Permit with Approvals and/or Stipulations
A200-z
A•200 (Rey. 9/80)
001-3585-13000
CITY OF NATIONAL CITY
BUILDING & SAFETY
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
APPLICATION FOR A TEMPORARY USE PERMIT
APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE
NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW.
When completed and signed by the Director of Building and Safety, this form becomes a permit.
Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective
management of a specific list of temporary land that uses have exceptional characteristics requiring their review
and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code
section 15.60.045.
Application for a Temporary Use Permit must be filed 15 working gays prior to the commencement of.the
activity/event.
Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less
than six(6) rnonths prior to the requested activity/event.
PLEASE COMPLETE (Print or Type):
SPONSORING ORGANIZATION(s): //11.5
4d.//-!- Giou(
ORGANIZATION ADDRESS: /YI, 1Sj y j. $a sit /h>n!() et. fl /P [. /rt. , /OJP/' if,'Divgp
! U "VI a.. 2oa�
�(kn Q "o pd LW- PHONE (o'it1) aA9- G`/G�
City J State Zip
LOCATION OF EVENT: /YftSSree, 1/'/(Pcj (9/47 eF it„z, a, / y o4/./41/7,»a/ (,-�y/
1 / �/ nj aFS1.a pic,e,/
DATE TIME PERIOD REQUESTED FOR EVENT: FROM S 0 �2D TO 1*.er-1-.20411
REQUEST FOR EXTENSION: FROM dIA TO /1✓%
HOURS OF USE: //; 00 flv P.M. TO I? Ca A.M.
BRIEF DESCRIPTION OF EVENT: Fundro t_f¢n /i%. v Fir t:t/7t/ 6_or,.f - `L /a+�f-/'vi .-43+
(X C%t a rGGI A Ve nz Pdy area- 0 iL ri LLAnc, , 3 C„, <far✓lnc o - SOou 7rtmJtu.
(A brief summary of the event/activity may Oie attached td the application) JJ�� /
SPECIFIC USE REQUEST: tar SSro1T 1.4Al (T - tv-ousiN '�'I-e_ C[41 O.f /l/ IO- / 67, a
JUSTIFICATION: rR/ fine 7 -/4✓ 510-ecu07 r!Q/tfQ .
WAIVER OF FEES REQUESTED: YESX] NO[ ] (If "YES" complete attached supplemental questionnaire form)
REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ ] NOVri (Note: Consumption or sale of alcohol
(circle one) beverages in City Parks is prohibited.)
WILL FOOD OR BEVERAGES BE SOLD: YES[ ] NO[)(] WILL MERCHANDISE SOLD BE SOLD: YES[ ] NOV]]
WILL ADMITTANCE BE CHARGED: YES[' NO( ] MORE THAN ONE VENDOR PARTICIPATING: YES[ J NO)(]
STATEMENT OF FUTURE INTENTION (MOBILE UNITS): /4".
FACILITIES (When Applicable)
REQUEST ASSISTANCE WITH THE FOLLOWING:
NOISE, CROWD, TRAFFIC CONTROL: {// s
A/C) SECURITY CONTROL: A
PARKING/BARRICADES: ND
EXTERIOR LIGHTING: N v
TRASH DISPOSAL/SITE CLEAN-UP AFTER EVENT: AID
SANITARY FACILITIES: y Q7
(Note: If requesting to use City streets or property , please attached a map or site plan hi -lighting the route or area to be used.)
PLEASE COMPLETE (Print or Type)
NAME OF APPLICANT: "9 r, a e 'n, a
ADDRESS: 6./5/ Rarvho tSSilr. /0 / . S/I. to 4. -ia? PHONE/9gX0 -5413
SIGNATURE OF APPLICANT: \/ DATE: -3r / /9 9 %
(FOR OFFICE USE ONLY)
PERMIT FEES: $137. / Paid PERMIT NO.:
USE GROUP: A USE CLASS: A
SOND: PERMIT EXPIRATION DATE:
SPECIFIC STIPULATIONS / COMMENTS:
(See Attached)
(DATE APPLICATION RECEIVED)
BUILDING AND SAFETY DEPT.
RECEIVED
SE TOZ 1997
NATIONAL CITY, CALIF.
APPROVALS (Check Where Applicable):
Inreal
Impel
Initial
Intel
Initai
Inteai
Initial
PLANNING YES [ ] NO [ ] SEE STIP [ ]
Date
FIRE YES [ ] NO [ ] SEE STIP [ ]
Dale
PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ j
Date
FINANCE -YES ] NO [ ] SEE STIP [ ]
Dale
POLICE YES [ ] NO [ ] SEE STIP [
-PARKS -& YES [ ] NO [ ] SEE STIP [ ]
Date
ENGINEERING YES [ ] NO [ ] SEE STIP [ ]
Date
CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ]
Date
RISK MANAGER YES [ ] NO [ ] SEE STIP [ ]
Date
COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ]
Date
DEPT. OF TRANS. YES [ ] NO [ ] SEE STIP [ ]
Inptal Data
CITY COUNCIL MEETING DATE: SeD tember 16, 1997, 3:00 D.cl.
TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ]
MICHAEL ROUSE, DIRECTOR BUILDING & SAFETY
DATE
City of National City
Building & Safety Department
1243 National City Boulevard
National City, CA. 91950
TEMPORARY USE PERMIT FEE WAIVER REOUEST
SUPPLEMENTAL OUESTIONNAIRE
City Council Policy No. 704 contains the criteria for granting waivers of T.U.P.
processing fees by the City Council. This Supplemental Questionnaire will be used to
evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a
fee waiver. Accordingly, please answer all questions fully and completely.
City Council Policy No. 704
The City Council shall waive T.U.P. processing fees only in the case of anon -profit
organization, and when such organization can demonstrate that the event for which the
T.U.P. is requested will not generate any income to the organization, or that the net
proceeds of the event for which the T.U.P. is requested result in:
1. direct financial benefit to an individual who resides or is employed
in the city, and who is in dire financial need due to health reasons
or a death in the family; or
2. direct financial benefit to city government such as the generation of
sales tax; or
3. 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; or
4. direct financial benefit to an organization which has been the direct
recipient of City or Community Development Block Grant (CDBG)
funding.
PLEASE FULLY AND COMPLETELY ANSWER 111E FOLLOWING:
1. Is the event for which the T.U.P. is sought sponsored by a non-profit
organization?
// YES (If YES, please proceed to Question No. 4)
NO (IfNO, please sign the bottom of this form and submit this
fonts with the T.U.P. Application to the Building & Safety
Department)
2. If the answer to Question No. 1 was YES, please state the name and type of
organization sponsoring the event for which the T.U.P. is sought and then proceed
to Question No. 3.
Name of Sponsoring Organization ("4k 3"71-- K /Sc, r✓Zc ct/ u
Type of Organization (Service Club,
Church, Social Service
Agency, etc.) C ti L J
4i'G C la-{-h0 (' 1
3. Will the event generate net income or proceeds to the sponsoring organization?
YES (If YES, please proceed to Question No. 4)
NO (If NO, please sign the bottom of this form and submit the with the
T.U.P. Application to the Buiiding & Safety Department)
4. If the answer to Question 3 is YES, 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 (If YES, please provide explanation and details in space provided
below)
NO (IfNO, please proceed to Question No. 5)
If YES, please explain who is to benefit from the proceeds and the general nature
- of the financial hardship:
5. Will the event provide a direct financial benefit to city government such as the
generation of sales tax?
YES (If YES, please provide explanation and details in space provided
below)
!----(IfNO, please proceed to Question No. 6)
If YES, please explain how the direct financial benefit to the city will occur:
6. Will the proceeds provide a direct financial benefit to a service club, social services
agency, or other secular non-profit organization located within the city such as
Kiwanis, Rotary, Lions, Boys and Girls Club?
YES (If YES, please provide explanation and details in space provided
below)
NO (IfNO, please proceed to Question No. 7)
If YES, please explain the organizations that are to benefit from the proceeds of
the event and how the proceeds will be used by those organizations.
.........................
7. Will the proceeds provide a direct financial benefit to an organization which has
been the direct recipient of City of Community Development Block Grant (CDBG)
funding?
YES (If YES, please provide explanation and details in space provided
below)
v NO (If NO, please sign the bottom of this form and submit the with the
T.U.P. Application to the Building & Safety Department)
If YES, please state the year the City of Community Develop Block Grant
(CDBG) funds were received and how those funds were used:
Year funds were received.
Funds were used to
O
SIGNATATE
97
cA.) leff /
UrtLiX r.2.iG
pA%iC:
THE CATHOLIC MOTUAL RELIEF SOCIETY
4223 CENTER ST, OMABA, NE 58105
CERTIFICATE OY GOV$RAGB
This is to certify that the following coverage is in force issued in the name
• of �
THE ROMAN CATHOLIC BISHOP 'OP SAN DIEGO A CORPORATION SOLE
PASTORAL CENTER
P 0 BOA 15728
SAN-DIECO, A1A 92186
Certificate Namber: 8585 Term: 7/01/97 - 7/01/98
Covered Premises;
Location/Property mlssxam SAN DIEGO DE ALCALA, 10818 SAN DIEGO
MISSION RD, 1MN DIEGO, CA 92108
Real Property
Personal Property
Deductible
Coinsurance
Additional CITY OP CHULA VISTA & CITY OP NATIONAL CITY
Protected
Person t s }
General Liability 510,000 Medical - Payments
(Combined single limit) (Each person -excluding school students)
Excess Liability 500,000
CURRENTS: COVERAGE EXTENDS TO MISSION YOUNG ADULT GROUP WA/A*1110N
BEGINNING ATMISSION' SAN DIEGO DE ALCALA TO u.S. /M X/CAN
BORDER ON SEPTEMBER 1C-21, 1937.
In the -event -of -cancellation of this coverage the Society Kill assail notice
thereof to: CHANCERYOFFICE
-SAN DIE'GO, CA
Should any of this above described coverages be cancelled before the expiration
dates thereof, the carrier will endeavor to mail 30 days written notice to the
certificate balder, but failure to mail such notice will impose ne obligation
llor liability upon the Society.
at OMAHA, NEBRA5 A
ocrm N.._bor H70250
This 4 H Day of SEPTERBER
1957
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
APPROVALS AND/OR STIPULATIONS
SPONSORING ORGANIZATION: Mission Young Adult Group
DATE OF ACTIVITY: Saturday, September 20, 1997
TIME: 11:00 a.m. to 1:00 p.m.
APPROVALS:
FINANCE YES [ x ] NO [ ] SEE STIP [ ]
POLICE YES [ x ] NO [ ] SEE STIP [ x ]
CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ x ]
RISK MANAGER YES [ x ] NO [ ] SEE STIP [ x
SPECIFIC STIPULATIONS:
POLICE
1. Obey all traffic laws and traffic control devices.
2. All participants to stay grouped together.
3. Walkers to stay on sidewalks. In the areas where no sidewalks exist, Mr. Ignacio Romo will insure
there are traffic monitors at the rear of the walkers.
3. Lt. Ray Allen to coordinate, 336-4514
CITY ATTORNEY
1. Requires hold harmless, and policy of general liability insurance with the City and its officers,
employees and volunteers as additional insureds, with amount of coverage to be determined by the
Risk Manager.
RISK MANAGER
1. Provide minimum limits of one million dollars per occurrence of general liability insurance,
including product liability coverage. (Done)
2. Name the City of National City, its officials, employees, agents and volunteers as additional
insureds on all policies. (Done)
3. Execute standard hold harmless. (Done)
TUPAPRV2
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 16, 1997 8
AGENDA ITEM NO.
ITEM TITLE
TEMPORARY USE PERMIT - NEW COVENANT TABERNACLE
PREPARED BY Michael Bouse, Director
EXPLANATION
DEPARTMENT Building and Safety
This is a request for New Covenant Tabernacle to conduct a concert in the Kimball Park Bowl area, -
from 8:00 a.m. to 6:00 p.m., on Saturday, October 18, 1997. Approximately 200 people are expected to
attend the event. The request includes a live band performance. Food will be cooked and served.
Nothing will be sold. This event is free and open to the public. A waiver of fees is requested. The
applicant and the event qualify for a waiver of fees pursuant to City Council Policy No. 704, i.e. the
sponsor is a non-profit organization and the event will not generate any income to the sponsoring
organization.
Environmental Review
Financial Statement
The City has incurred $164.00 costs for processing the T.U.P. Application through various City
departments. The Fire Department is requiring an Assembly Permit and payment of a $65 permit fee.
Account No N/A
X N/A
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval and grant the request for a waiver of fees.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
Application For A Temporary Use Permit with Approvals and/or Stipulations
A200-z
A-200 (Rev. 9/801
-ENDORSEMENT
fro OEAt tps TE
Effective Cate IdEndorsernent September 4, IW Charge Credit
Certiffoate Haider Diocese of Sart Diego
Location San Diego. CA
Certificate No. e15115 of The Cathoiic Mutual Retied Society is,amended.as foliates:
c
ADOM NAL PROTECTED•PERSON(5)
it is understood and -agreed heat Who bra Protec2ed•Petson(a) fSecttan` i) is amended to
include as-a:-Peotereed Persons) thcrpersat-arorganizatiorrspatvn below, but -only with
respect to ieY' tgvut atttre-ownersttie. ntaintenatCr cruse a/thatpart attic
-designateci prernisesgeetbythe Protected Psesonis) .ndthen only while the Pruiecied
Persons) is usingthe wed its_
A+ddi renaiPt P t Y City of Chula Y>srs & CIty &Nationat City
Oesignated Preeee and Use: icti,aiart Bart Dleg° De Aicafa. San Diego. CA wit have
a Mission Young Adult Group Wafltathon starting at
Mission San De Meal& to S4itt Street to ath Street in
Nationid City to 4th Ave in aiut r 111s a to Seiler Blvd
in South San Diego to San Ysidro m September 20-21,
1997.
PIM-1230-89t
TOTAL P.03
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
APPROVALS AND/OR STIPULATIONS
SPONSORING ORGANIZATION: Mission Young Adult Group
DATE OF ACTIVITY: Saturday, September 20, 1997
TIME: 11:00 a.m. to 1:00 p.m.
APPROVALS:
FINANCE YES [ x ] NO [ ] SEE STIP [ ]
POLICE YES [ x ] NO [ ] SEE STIP [ x ]
CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ x ]
RISK MANAGER YES [ x ] NO [ ] SEE STIP [ x ]
SPECIFIC STIPULATIONS:
POLICE
1. Obey all traffic laws and traffic control devices.
2. All participants to stay grouped together.
3. Walkers to stay on sidewalks. In the areas where no sidewalks exist, Mr. Ignacio Romo will insure
there are traffic monitors at the rear of the walkers.
3. Lt. Ray Allen to coordinate, 336-4514
CITY ATTORNEY
1. Requires hold harmless, and policy of general liability insurance with the City and its officers,
employees and volunteers as additional insureds, with amount of coverage to be determined by the
Risk Manager.
RISK MANAGER
1. Provide minimum limits of one million dollars per occurrence of general liability insurance,
including product liability coverage. (Done)
2. Name the City of National City, its officials, employees, agents and volunteers as additional
insureds on all policies. (Done)
3. Execute standard hold harmless. (Done)
TUPAPRV2
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 16, 1997 8
AGENDA ITEM NO
ITEM TITLE
TEMPORARY USE PERMIT - NEW COVENANT TABERNACLE
PREPARED BY DEPARTMENT
Michael Bouse, Director/ Building and Safety
EXPLANATION
This is a request for New Covenant Tabernacle to conduct a concert in the Kimball Park Bowl area,
from 8:00 a.m. to 6:00 p.m., on Saturday, October 18, 1997. Approximately 200 people are expected to
attend the event. The request includes a live band performance. Food will be cooked and served.
Nothing will be sold. This event is free and open to the public. A waiver of fees is requested. The
applicant and the event qualify for a waiver of fees pursuant to City Council Policy No. 704, i.e. the
sponsor is a non-profit organization and the event will not generate any income to the sponsoring
organization.
Environmental Review X N/A
Financial Statement
The City has incurred $164.00 costs for processing the T.U.P. Application through various City
departments. The Fire Department is requiring an Assembly Permit and payment of a $65 permit fee.
Account No. N/A
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval and grant the request for a waiver of fees.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
Application For A Temporary Use Permit with Approvals and/or Stipulations
A200-2
A-200 (Rev. 9/90/
001-3585-13000
CITY OF NATIONAL CITY
BUILDING & SAFETY
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
APPLICATION FOR A TEMPORARY USE PERMIT
APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE
NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW.
When completed and signed by the Director of Building and Safety, this form becomes a permit.
Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective
management of a specific list of temporary land that uses have exceptional characteristics requiring their review
and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code
section 15.60.045.
Application for a Temporary Use Permit must be filed 15 working ¢ prior to the commencement of.the
activity/event.
Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less
than six (6) months prior to the requested activity/event.
PLEASE COMPLETE (Print or Type): (� -
SPONSORING ORGANIZATION(s): Cove oCtr2 [ Ct,let' /(0c e.
ORGANIZATION ADDRESS: 1.C,C ( PrCl.r i'il5(.)l ! P.
KAtli[fCut (,i;fLl , Cali-Fcomc
City - State Zip
LOCATION OF EVENT: kin/ 1061 cl rCI Y K - bU L:, i
PHONE: ,�,(g - 03 oQ
DATE/TIME PERIOD REQUESTED FOR EVENT: FROM I L I �$1 TO (CI e I C'
REQUEST FOR EXTENSION: FROM TO
HOURS OF USE: `t ) C C. M /P.M. TO 1 C' [ Y i ''A\ A.M./PM.. rr
BRIEF DESCRIPTION OF EVENT: Conce.r4 a. U ram& - /IJ7Li,,,,q w,/( (; a �rfG1
lf1-r-i( !c'ICc_ rerein'C-; ae75,-/,,PT cc/no Er' r��-t�n •
(A bnef summary of the event/activity may be attached to the application)
SPECIFIC USE REQUEST:
JUSTIFICATION:
WAIVER OF FEES REQUESTED: YES[Xj NOt (If "YES" complete attached supplemental questionnaire form)
REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ j NOW' (Note: Consumption or sale of alcohol
(circle one) beverages in City Parks is prohibited.)
WILL FOOD OR BEVERAGES BE SOLD: YES[ ] NO[;-4 WILL MERCHANDISE SOLD BE SOLD: YES{ ] NO()<]
WILL ADMITTANCE BE CHARGED: YES[ j NO{j MORE THAN ONE VENDOR PARTICIPATING: YES[ ] NO[x]
STATEMENT OF FUTURE INTENTION (MOBILE UNITS):
FACILITIES (When Applicable)
REQUEST ASSISTANCE WITH THE FOLLOWING:
NOISE. CROWD, TRAFFIC CONTROL:
SECURITY CONTROL:
Nv
PARKING/BARRICADES:
EXTERIOR LIGHTING:
TRASH DISPOSAL'SITE CLEAN-UP AFTER EVENT:
J
Arc
SANITARY FACILITIES:
(Note: If requesting to use City streets or property , please attached a map or site plan hi -lighting the route or area to be used.)
PLEASE COMPLETE (Print or Type)
NAME OF APPUCANT: p11o14N-2
Sorren-%.,o -Yor Ne,v CnierrfLT 4berrac%
ADDRESS: /DO / 174rrbr5, ' , _e
SIGNATURE OF APPUCANT:
PHONE: o247+-03VO
DATE: 3"://7/9�
(FOR OFFICE USE ONLY)
PERMIT FEES: 164.00 PERMIT NO.:
USE GROUP: A USE CLASS: A
BOND: N/A PERMIT EXPIRATION DATE:
SPECIFIC STIPULATIONS / COMMENTS:
(SEE ATTACHED)
(DATE APPLICATION RECEIVED)
BUILDING AND SAFETY DEPT.
RECEIVED
AUG 18 1997'
NATIONAL CITY, CAUF.
APPROVALS (Check Where Applicable):
Ini a
InNW
InTual
Imea
Ina
Initia
Data
Ina
Innis
PLANNING YES [ ] NO [ ] SEE STIP [ ]
Date
FIRE YES [ ] NO [ ] SEE STIP [ ]
Date
PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ ]
Data
FINANCE YES [ ] NO [ ] SEE STIP [ ]
DataPOLICE YES [ ] NO [ ] SEE STIP [ I
Date
PARKS & REC. YES [ ] NO [ ] SEE STIP [ I
OatsENGINEERING YES [ I NO [ ] SEE STIP [ ]
CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ]
Date
RISK MANAGER YES [ ] NO [ ] SEE STIP ( ]
Innlm Date
Ina Date
Data
CITY COUNCIL MEETING DATE:
COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ]
DEPT. OF TRANS. YES [ ] NO [ ] SEE STIP [ ]
September 16, 1997, 3:00 pm
TEMPORARY USE PERMIT: APPROVED [ ] DENIED ( ] WAIVER OF FEES: APPROVED [ ] DENIED [ ]
MICHAEL SOUSE, DIRECTOR BUILDING & SAFETY
DATE
SFS
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
APPROVALS AND/OR STIPULATIONS
SPONSRING ORGANIZATION: New Covenant Tabernacle
DATE OF ACTIVITY: Saturday, October 18, 1997
LOCATION: Kimball Park Bowl Area
TIME: 8:00 a.m. to 6:00 p.m.
APPROVALS:
FIRE YES [ x ] NO [ ] SEE STIP [ x ]
PUBLIC WORKS YES [ x ] NO [ ] SEE STIP [ ]
FINANCE YES [ ] NO [ ] SEE STIP [ x ]
POLICE YES [ x ] NO [ ] SEE STIP [ ]
PARKS & REC. YES [ ] NO [ ] SEE STIP [ x ]
RISK MANAGER YES [ ] NO [ ] SEE STIP [-x
CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ x
SPECIFIC STIP/COMMENTSULATIONS:
FIRE
1. Permit for public assembly. All fees apply unless waived by the City Council. Fee is $65, and is to
be paid at the Fire Department.
2. Need to provide metal cans with lids, to be used for disposal of charcoal. Cans to be labeled "HOT
COALS ONLY."
4. 2A:1-BC fire extinguisher is required for cooking the area. Fire extinguisher locations to be plainly
marked and visible.
5. Any electrical power being used is to be properly grounded.
FINANCE
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. If the church is currently licensed, they may operate on that existing license. 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.
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.
TUP-New Covemamt Tabermac;e
Page 2
RISK MANAGER
1. Provide minimum limits of one million dollars per occurrence of general liability insurance,
including product liability coverage. (Done)
2. Name the City of National City its officials, employees, agents and volunteers as additional insureds
on all policies. (Done)
3. Execute standard hold harmless. (Done)
PARKS & REC
1. Church will provide their own power with portable generator and propane barbeque. They will be
responsible for cleaning up the area. Parks Dept. will provide additional trash containers. No
additonal man power is necessary for Parks Dept.
TUP-APRV
City of National City
Building & Safety Department
1243 National City Boulevard
National City, CA. 91950
TEMPORARY USE PERMIT FEE WAIVER REQUEST
SUPPLEMENTAL QUESTIONNAIRE
City Council Policy No. 704 contains the criteria for granting waivers of T.U.P.
processing fees by the City Council. This Supplemental Questionnaire will be used to
evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a
fee waiver. Accordingly, please answer all questions fully and completely.
City Council Policy No. 704
The City Council shall waive T.U.P. processing fees only in the case of a.non-profit
organization, and when such organization can demonstrate that the event for which the
T.U.P. is requested will not generate any income to the organization, or that the net
proceeds of the event for which the T.U.P. is requested result in:
1. direct financial benefit to an individual who resides or is employed
in the city, and who is in dire financial need due to health reasons
or a death in the family; or
2. direct financial benefit to city government such as the generation of
sales tax; or
3. 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; or
4 direct financial benefit to an organization which has been the direct
recipient of City or Community Development Block Grant (CDBG)
funding.
PLEASE FULLY AND COMPLETELY ANSWER [HE FOLLOWING:
1. Is the event for which the T.U.P. is sought sponsored by a non-profit
organization?
VYES (If YES, please proceed to Question No. 4)
NO (If NO, please sign the bottom of this form and submit this
form with the T.U.P. Application to the Building & Safety
Department)
2. If the answer to Question No. 1 was YES, please state the name and type of
organization sponsoring the event for which the T.U.P. is sought and then proceed
to Question No. 3.
Name of Sponsoring Organization A)etJ CoUe_r1Q nil- /a Jernac./e
Type of Organization (Service Club,
Church, Social Service
Agency, etc.) Chvr-CJ'1
3. Will the event generate net income or proceeds to the sponsoring organization?
YES (If YES, please proceed to Question No. 4)
X_ NO (If NO, please sign the bottom of this form and submit the with the
T.U.P. Application to the Building & Safety Department)
4. If the answer to Question 3 is YES, 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 (If YES, please provide explanation and details in space provided
below)
NO (If NO, please proceed to Question No. 5)
If YES, please explain who is to benefit from the proceeds and the general nature
of the financial hardship:
5. Will the event provide a direct financial benefit to city government such as the
generation of sales tax?
YES (If YES, please provide explanation and details in space provided
below)
NO (If NO, please proceed to Question No. 6)
If YES, please explain how the direct financial benefit to the city will occur:
6. Will the proceeds provide a direct financial benefit to a service club, social services
agency, or other secular non-profit organization located within the city such as
Kiwanis, Rotary, Lions, Boys and Girls Club?
YES (If YES, please provide explanation and details in space provided
below)
NO (If NO, please proceed to Question No. 7)
If YES, please explain the organizations that are to benefit from the proceeds of
the event and how the proceeds will be used by those organizations.
2
7. Will the proceeds provide a direct financial benefit to an organization which has
been the direct recipient of City of Community Development Block Grant (CDBG)
funding?
YES (If YES, please provide explanation and details in space provided
below)
NO (If NO, please sign the bottom of this form and submit the with the
T.U.P. Application to the Building & Safety Department)
If YES, please state the year the City of Community Develop Block Grant
(CDBG) funds were received and how those funds were used:
Year funds were received.
Funds were used to
3
ACORD
FIC
F
IABILI�
ANC
DATEIMM/DD/YYI
08/12/97
. ..
. ....
PRODUCER 619-238-1828
ROBERT F. DRIVER COMPANY, INC.
1620 FIFTH AVENUE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SAN DIEGO, CA 92101
' ' COMPANIES AFFORDING COVERAGE
COMPANY A PREFERRED RISK GROUP
INSURED
New Covenant Tabernacle
COMPANY
B
Pastor John F. Sorrentino
1001 Harbison Ave.
COMPANY
C
National City CA 91950
COMPANY
D
OVERAGES :'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
BEEN REDUCED BY PAID CLAIMS.
CD
LTR
TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE IMM/DDNY1 DATE IMM/DONYI
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
1168001
3/05/97
3/05/98
GENERAL AGGREGATE S 2000000
PRODUCTS - COMP/OP AGG $ 2000000
PERSONAL & ADV INJURY
S 1000000
CLAIMS MADE II OCCUR
EACH OCCURRENCE
$ 1000000
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any one Iirel
S 1000000
MED EXP (Any one person)
S 5000
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person) $
I HIRED AUTOS_._.
NON -OWNED AUTOS
.. .. —
!Pcr ,+c�itle�ill '
'ROPEHTY
DAMAGE
GARAGE LIABILITY P AUTO GNLY . EA ACCIDENT
ANY AUTO
� . OTHER THAN AUTO ONLY:
EACH ACCIDENT $
I;
I
AGGREGATE S
EXCESS LIABILITY
UMBRELLA FORM
1 OTHER THAN UMBRELLA FORM
I EACH OCCURRENCE $
AGGREGATE
WORKERS COMPENSATION AND
-
WC STATUOTH
TORY LIMITS �R
EMPLOYERS' LIABILITY
THE PROPRIETOR/ 71 INCL
AETi E=Sr EXECU T I-<E 1_.—I
OFFICERS ARE. I EXCL
EL. EACH ACCDEN'
EL DISEASE EN EUIPLOY EE
OTHER I
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER HAS BEEN NAMED AS ADDITIONAL INSURED IN RESPECTS TO
CONCERT & DRAMA PLAY BEING HELD AT KIMBALL PARK -BOWL AREA
OCTOBER 18, 1997
CERTIFICATE HOLDER
CITY OF NATIONAL CITY
BUILDING & SAFETY
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 'HE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
1243 NATIONAL CITY BLVD.
CITY, CA 91950
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES.
NATIONAL
ACORD 25-S f'6196? 7- 73
AUTHORIZED REPRESE1�,TA�TI�VI.
l - ..
I r I�_�_
9 V,=L� / (_
0 ACORD CORPORATION 1988
CITY OF NATIONAL CITY
PUBLIC PROPSRTY USE HOLD HARML=88 AND INDIMNIFICATICK AORUMINT
Persons requesting use of City property, facilities Or personnel are
required to provide a minimum of $1,000,000 combined single limit
insurance for bodily injury and property damage which includes the
City, its officials, agents and employees named as additional insured
and to sign the Hold Harmless Agreement. Certificate of insurance
must be attached to this permit.
Organization NIif) 111Vle Orl dF
Person in charge of activity V t tl1. CX1d Sudo L vh r
Address 421.1 1-AfC1 IYT LCW1F, N tU1/W C u\ Telephone
City facilities and/or property requested Jarliik)041lox k
Cato be r lctei
HOLD HARMLESS AGREENEH r
The undersigned hereby agree(s) to hold the City of National City and
the Parking Authority of the City of National City harmless and
indemnify the City of National City and the Parking Authority of the
City of National City from and against all claims, demands, costa,
losses, damages, injuries, litigation and liability arising out of or
related to the use of public property by permittee or permittee's
agents, employees or contractors.
Date(s) of use
Signature of Applicant
Certificate of Insurance approved
198712
Official Title Date