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HomeMy WebLinkAbout2001 10-02 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — OCTOBER 2, 2001 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF SEPTMEBER 4, 2001 AND THE REGULAR MEETING OF SEPTEMBER 18, 2001 PROCLAMATIONS Proclaiming the month of October, 2001 to be: "THE COLUMBIAN FOUNDATION FOR PEOPLE WITH MENTAL RETARDATION MONTH" Proclaiming the week of October 7-13, 2001 as "FIRE PREVENTION WEEK" COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 10/2/01 PAGE 2 PUBLIC HEARING 1. Public Hearing — Police Department Expenditure Proposal for Local Law Enforcement Block Grant Funds. (Police Department) **Refer to Item # 13** CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Council member, a staff member, or a member of the public. 2. Resolution No. 2001-148 Resolution of the City Council of the City of National City authorizing the City Engineer to install speed humps on Olive Avenue between Plaza Boulevard and Plumas Street. (Petitioners of Olive Avenue, TSC Item No. 2001-30) (Public Works/Engineering) 3. Resolution No. 2001-149 Resolution of the City Council of the City of National City authorizing the City Engineer to install a red no parking zone adjacent to the driveway at 1709-1749 East 16th Street. (J. Weaver, TSC Item No. 2001-32) (Public Works/Engineering) 4. Resolution No. 2001-150 Resolution of the City Council of the City of National City authorizing the City Engineer to install a red no parking zone on the south side of 1st Street, east of Euclid Avenue. (B. Wilson, TSC Item No. 2001-33) (Public Works/Engineering) COUNCIL AGENDA 10/2/01 PAGE 3 CONSENT CALENDAR (Cont.) 5. Resolution No. 2001-151 Resolution of the City Council of the City of National City amending City Council Policy No. 203 pertaining to the National City Investment Policy. (Finance) 6. Resolution No. 2001-152 Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with Thermo Electron Corporation for installation of four groundwater monitoring wells along Cleveland Avenue and 18th Street. (Engineering) 7. Resolution No. 2001-153 Resolution of the City Council of the City of National City declaring a public calamity and authorizing the repair of a deep sewer line/lateral at 2121 Hoover Avenue by Pacific Southwest Construction Company. (Public Works) 8. WARRANT REGISTER NO. 11 (Finance) Ratification of Demands in the amount of $250,025.21 9. WARRANT REGISTER NO. 12 (Finance) Ratification of Demands in the amount of $1,348,900.67 10. WARRANT REGISTER NO. 13 (Finance) Ratification of Demands in the amount of $169,975.29. COUNCIL AGENDA 10/2/01 PAGE 4 CONSENT CALENDAR (Cont.) 11. Claim for Damages: Cristina Briano (City Clerk) 12. Claim for Damages: Mima Navarro (City Clerk) NON CONSENT RESOLUTION 13. Resolution No. 2001-154 Resolution of the City Council of the City of National City authorizing the appropriation of $145,654 in FY 2001/2002 Local Law Enforcement Block Grant funds for the purchase of Police Department equipment. (Police) **Refer to Item #1** ORDINANCE FOR ADOPTION 14. An Ordinance of the City Council of the City of National City amending Section 11.32.400 of the National City Municipal Code pertaining to penalties for parking violations. (City Attorney) OLD BUSINESS 15. Request for direction from City Council regarding the draft lease agreement between Caltrans and the City of National City for the property located at the northwest corner of the Palm Avenue and Division Street intersection. "The Bridge Proposal" (Public Works/Engineering) WRITTEN COMMUNICATIONS 16. National City Firefighters — Presentation regarding negotiations COUNCIL AGENDA 10/2/01 PAGE 5 NEW BUSINESS 17. City Council Vacancy. (City Manager) 18. Notice of Decision — Conditional Use Permit for a wireless communications facility on an existing building at 3007 Highland Avenue. (Applicant: Nextel) (Case File No. CUP-2001-12) (Planning) 19. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) 20. Temporary Use Permit — Sweetwater Town & Country Merchants -Fabulous 50's. (Building & Safety) 21. Temporary Use Permit — Father and Son Auto Sales - Used Vehicle Tent Sale. (Building & Safety) 22. Temporary Use Permit — Pentecostal Missionary Church of Christ — National Convention Parade. (Building & Safety) —> CITY MANAGER -4 CITY ATTORNEY -* OTHER STAFF COUNCIL AGENDA 10/2/01 PAGE 6 NEW BUSINESS (Cont.) --> MAYOR -* CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Caltrans Workshop - October 16, 2001, at 2:30 p.m. — Large Conference Room, Civic Center Next Regular City Council meeting — October 16, 2001 at 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, sLci I,Irt' rtamatiutt Mental retardation is a condition which today affects an estimated 1,700 National City children and adults and their families; and Mental retardation and related disorders are debilitating illnesses for patients and families affecting thousands worldwide physically, emotionally, and financially; and The most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding; and The potential for citizens with mental retardation to function more independently and productively must be fostered; and The Columbian Foundation for Persons with Mental Retardation, Inc., has been outstanding in their efforts to help persons with mental retardation participate in all activities and experiences life has to offer; and The Knights of Columbus exemplify the true spirit of concern for their active involvement in the well-being of the people of our community by the their Annual Fundraising support for the Columbian Foundation. NOW THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the month of October, 2001 to be: "THE COLUMBIAN FOUNDATION FOR PEOPLE WITH MENTAL RETARDATION MONTH" in the City of National City. • IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City be affixed this 2" day of October, 2001. GEORGE H. WATERS Mayor it C' WHEREAS, CY, --w I1r�rtamatirni ADDED ITEM Cooking, heating, and electrical fires represent three of the nation's leading causes of home fires, and are collectively responsible for nearly half of all home fires and almost one-third of the associated fire deaths; and WHEREAS, Developing a home fire escape plan and practicing it at least twice a year are critical to escaping a fire safely; and WHEREAS, Proper installation, testing, and maintenance of smoke alarms are part of a thorough home fire escape plan; and WHEREAS, The Fire Prevention Week 2001 theme, "Cover Your Bases & Strike Out Fire," teaches the public how to prevent cooking, heating, and electrical fires, and encourages people to develop a home fire escape plan that includes working smoke alarms; and WHEREAS, The fire service of the City of National City is dedicated to the safety of life and property from the devastating effects of fire; and WHEREAS, The members of the fire service are joined by other concerned citizens of the City of National City, as well as other emergency services providers and safety advocates, businesses, schools, service clubs, and organizations in their fire safety efforts. NOW THEREFORE, 1, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the week of October 7 — 13, 2001 as: "FIRE PREVENTION WEEK" and call upon the people of the City of National City to participate in fire prevention activities at home, work, and school, and to take the steps needed to make their home and families safe from the leading causes of home fires, which include cooking, heating and electrical. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City be affixed this 2nd day of October 2001. GEORE H. WATE City of National City, California COUNCIL AGENDA STATEMENT 10/02/2001 MEETING DATE *Refer to Item #13 1 AGENDA ITEM NO. (-ITEM TITLE L PREPARED BY Hold Public Hearing on Police Department Expenditure Proposal for Local Law Enforcement Block Grant Funds. Lt. Keith Fifield DEPARTMENT Police Department Cri — EXPLANATION In the August 21, 2001 council meeting, the council approved resolution 2001-120, authorizing the acceptance of the 2001 Local Law Enforcement Block Grant award funds in the amount of $147,125, with local matching funds in the amount of $16,347 from asset forfeiture. It was noted in the resolution that we will probably be penalized 10% for failure to comply with one of the special conditions, reducing the amount to $132,413 with a local match of $13,241, making the final award total $145,654. After the resolution was passed, the police department began the "Request for Drawdown" of funds process. This process requires that the Local Law Enforcement Block Grant Advisory Board meet to discuss and vote on the police department's expenditure proposal and hold a public hearing. The Advisory Board met on Tuesday, September 18t. The board consisted of the same members as last year. The expenditure proposal was presented to the LLEBG Advisory Board and at the end of the meeting the board voted unanimously to recommend approval of the proposed expenditures. The police department's expenditure proposal consists of equipment that will improve officer and public safety. Attached is the expenditure proposal that lists the specific equipment and preliminary cost budget. The proposed expenditures are based on the award amount and matching funds total of $145,654, which is the amount anticipated after the 10% penalty for non-compliance with one of the special conditions. (Continued) Environmental Review Financial Statement N/A No impact to General Fund Budget. Local match from Asset Forfei • e Funds. Account No. STAFF RECOMMENDATION Approve Resolution / Hold Public Hearing at Council Meeting BOARD / COMMISSION RECOMMENDATION On 09/18/01 the Local Law Enforcement Block Grant Advisory Board voted unanimously (5-0) to recommend the approval of the proposed expenditures. 233-411-000-316-0000 233-411-000-318-0000 233-411-000-502-0000 233-411-000-508-0000 233-411-000-518-0000 233-411-000-599-0000 ATTACHMENTS ( Listed Below ) FY 2001 LLEBG Application FY 2001 LLEBG Expenditure Proposal Resolution No. A-200 (9/80) COUNCIL AGENDA STATEMENT RESOLUTION TO HOLD PUBLIC HEARING ON REQUEST FOR LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS PAGE 2 Proposal The Police Department is requesting that a Public Hearing be held at the October 2, 2001 City Council meeting. The Public Hearing is required before funds from the Local Law Enforcement Block Grant program can be received and to complete the program's required "Request for Drawdown" of funds process. Attached is the Police Department's expenditure proposal. The Police Department proposes the purchase of equipment that will significantly improve officer and public safety. The LLEBG Advisory Board approved this expenditure proposal at a meeting on September 18', 2001. The total expenditure amount is $145, 654. (See attached expenditure proposal). Print Application Page 1 of 1 Application was submitted on July 19, 200105:01:42 PM EDT. LLEBG FY 2001 Application Date Certified : 19-JUL-01 IData Submitted : 19-JUL-01 Jurisdiction information lurisdlsctlon: National City County: SAN DIEGO State: I CALIFORNIA CDFA Number I 16.592 Budget Information Eligible Award Amount $147,125 Final Award Amount $147,125 Match Amount: 516,347 Matching Funds Description: State and Local Government Units CEO information Title: City Manager Name Prefix: Mr. Last Name : McCabe First Name : Tom Address: 1243 National City Boulevard National City, California, CA 91950-4397 Telephone: (619)336-4240 Fax: (619)336-4327 Email: cm o@d.national- dty.ca.us Program Contact Information Title: Lieutenant Name Prefix: Dr. Last Name : Afield First Name : Keith Address: 1200 National City Boulevard National City, CA 91950-4397 Telephone: 619-336-4543 Fax: 619-336-4525 Email: kfiffeldeci.national- dly.ca.us Application Details Date Agreed to Trust Fund Requirement 19-JUL-01 Applicant is PSONB Compliant Yes Date Agreed to SPOC Requirement 19-JUL-01 Date Agreed to SAA Review Requirement 19-JUL-01 Date Agreed to Certifications: 19JUL-01 Date Agreed to Assurences: 19-JUL-01 https://grants.ojp.usdoj.gov:8004/gms user/p1sgl/11ebg main.app read only?p bgid-3&p act,.. 9/24/01 2001 Local Law Enforcement Block Grant Proposal Funds Available: S145, 654 (This is alter the anticipated 10% penalty for non-compliance with one of the Special Conditions). Requests: Item (40) Protective Gas Masks with carriers, $98.00 ea. (24) Auger Mini.14 Rifles w/ two 20 round magazines (13) SWAT Colt M4 Carbines and assorted accessories (95) Kevlar Tactical Ballistic Helmets w/ 65 face -shields (6) XTS Portable Digital Radios (4) $4,000 ea. includes extra battery and belt holder. (15) Tactical Raid Vests for Detectives (Qa $1,000 ea. (1) CVSA Laptop Computer (1) Alternate Light Source Total= Balance Amount $4,90630 S10,304.52 S35,995.41 $29,668.23 S24,000 $16,485 S10,000 S8.404.50 $139,763.96 +55,891 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 2, 2001 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO INSTALL SPEED HUMPS ON OLIVE AVENUE BETWEEN PLAZA BOULEVARD AND PLUMAS STREET (PETITIONERS OF OLIVE AVENUE, TSC ITEM NO. 2001-30) PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering EXPLANATION The attached petition requests the installation of speed humps on Olive Avenue between Plaza Boulevard and Plumas Street. According to the Petititioners, vehicles are speeding on Olive Avenue. Staff has investigated the site and found that it meets all five (5) conditions listed in the City Council Adopted Warrants for the installation of speed humps (see attachments). The Traffic Safety Committee approved the installation of speed humps on Olive Avenue between Plaza Boulevard and Plumas Street at their meeting on September 12, 2001. Therefore, this location will be placed on the list for future installation of speed humps. CEnvironmental Review X N/A Financial Statement N/A STAFF RECOMMENDATI Adopt the Resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its of September 12, 2001, approved the installation of speed humps on Olive Avenue between Plaza Boulevard and Plumas Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 7001-148 A-200 (9/99) RESOLUTION NO. 2001 — 148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL SPEED HUMPS ON OLIVE AVENUE BETWEEN PLAZA BOULEVARD AND PLUMAS STREET (Petitioners of Olive Avenue, TSC Item No. 2001-30) WHEREAS, the residents of Olive Avenue have signed a petition requesting the installation of speed humps on Olive Avenue between Plaza Boulevard and Plumas Street because of the high volume of traffic that exceeds the posted 25 mph speed limit; and _WHEREAS, this section of Olive Avenue meets all 5 conditions listed in the City Council Adopted Warrants for the installation of speed humps; and WHEREAS, at its meeting on September 12, 2001, the Traffic Safety Committee approved installation speed humps on Olive Avenue between Plaza Boulevard and Plumas Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install speed humps on Olive Avenue between Plaza Boulevard and Plumas Street. PASSED and ADOPTED this 2" a day of October, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 12, 2001 ITEM TITLE: REQUEST FOR INSTALLATION OF SPEED HUMPS ON OLIVE AVENUE BETWEEN PLAZA BOULEVARD AND PLUMAS STREET (BY: PETITIONERS OF OLIVE AVENUE) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: The attached petition requests the installation of speed humps on Olive Avenue between Plaza Boulevard and Plumas Street. According to the Petitioners, vehicles are speeding on Olive Avenue. Staff has investigated the site and found that it meets all five (5) conditions listed in the City Council Adopted Warrants for the installation of speed humps. The results are as follows: (1) The warrants require a minimum of 1000 vehicles per day. This street has an ADT of 5013 vehicles. This condition is met. (2) The warrants require a minimum of 60% of the vehicles surveyed must exceed a speed of 25 mph. On this street, 77% of the vehicles surveyed exceed the speed of 25 mph. This condition is met. (3) The road must have no more than 2 traffic lanes. This condition is met. (4) The road must have a speed limit of 25 mph in accordance with State Law or City Council action. This condition is met. (5) The road must be a local street, i.e., not on the City's Classified Street System. This condition is met. STAFF RECOMMENDATION: It is recommended that this location for speed humps be placed on the list for future installation, since the location does meet the City Council Policy. EXHIBITS: 1. The Petition 2. Location Map 3. Speed and Volume Survey 2001-30 July 28, 2001 To whom it may concern: CITY Of NATIONAL 111 E�?•^11VEERII DEit RIT,CEIVED. We the residents of Olive Avenue are concerned for the safety of our family and neighbors. It is not unlikely that we see and/or hear of car accidents on this street. Many of these accidents could have been fatal. We would like to see something done about this before it becomes fatal. There is a need for something to eliminate traffic problems. For E. example, speed bumps and/or traffic lights at Olive Avenue and cross street Plaza Boulevard We are convinced that our safety is at stake. We hope you seriously consider fixing a problem that has long been overlooked. sincerely, Residents at Olive Avenue C q7 3q Nor V(>41:\u-A-N\ IEREsa - H H2- °LWV. /Iv `44/ , a, g. 11 c e. veto-Lzos3 ,4.1.1• �v Jam - 110 o►, > ry cris 3 s pz,v I11I Oulvg ACE. 1\4:r\doRV Cv1-1, CA 6:1\°5a r,. (19P fn 1 G u 1v1 Ih c,-Tail 6 /PC ,a-v�- ) -PiCbt t C_fE (.rL4tf'a 4 L/ 1,964,-re,c4,0 o)k\Kck.sk__ APt CITY OF SAN 'DrEgO p JAMAS LOCATIA) MAP I -tom: martin A. Pansn 01-33U-842f To: Adam Landa Uate: 8117/2001 lime: 9:58:04 AM Page 2 of VehicleCount-90 Page 1 VehicleCount-90 DATASETS: Site: Direction: Survey Duration: File: identifier: Algorithm: PROFILE: Filter time: Included classes: Speed range: Direction: Headway: Scheme: Name: Method: Units: In profile: Traffic Data Services Southwest Vehicle Counts 1253011 !Olive Ave Plaza Blvd to Plumes 7 - North bound A>B, South bound B>A., Lane: 0 18:56 Mon 13 Aug 2001 to 12:51 Thu 16 Aug 2001 C:1Data From Z\McdataWtlCtyt2001125301\UM25301816.EC0 (Plus) A278EP2X MC56-1 [MC551(c)Microcom 07/06/99 Factory default 19:00 Mon 13 Aug 2001 to 21:00 Wed 16 Aug 2001 1, 2, 3, 4, 5, 6, 7, 8, 9,10, 11, 12, 13 0 -100 mph. South (bound) All Scheme F99 Factory default profile Vehicle classification Non -Metric (ft, mi, fls, mph, lb, ton) 4833 Vehicles Mon 13 Aug 2001 - Total=386(incompiete) ,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 22 25 32 34 Z3 6 22 27 23 28 22 20 18 13 19 10 13 5 14 10 Tue 14 Aug 2001 - Total=2313,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 27 13 7 15 34 81 131 144 114 106 107 106 107 104 119 134 138 159 174 132 133 86 86 $6 12 4 2 7 6 21 33 40 30 15 29 28 35 26 27 30 43 43 36 44 54 24 24 20 4 1 1 1 6 22 35 35 25 29 30 18 26 27 34 38 27 45 50 41 32 18 28 16 6 5 0 2 9 14 34 37 34 34 24 25 27 27 30 35 29 39 46 31 23 23 21 15 5 3 4 5 13 24 29 32 25 28 24 35 26 24 28 31 39 32 42 16 24 21 13 5 AM PkHr 07:00 fo 08:00 (na144), AM PHFaO.90 PM PkHr 18:15 to 19:15 (na182), PM PHFro.91 Wed 15 Aug 2001 - Total=2134(incomplete) ,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 31 20 9 22 20 09 143 128 126 130 101 123 131 116 119 122 136 10 9 0 9 2 21 29 30 29 35 25 26 32 23 32 35 27 10 4 3 3 4 26 35 27 27 27 26 22 38 34 32 27 39 7 4 1 5 7 16 45 41 22 33 31 34 25 35 32 29 43 4 3 5 5 7 26 34 30 37 35 19 41 35 24 23 31 27 AM PkHr 11:30 to 12:30 (na145), AM PHF=0.88 1700 1800 1900 2000 2100 2200 2300 158 136 163 122 - - - 43 27 36 42 - - - 34 35 36 26 42 36 36 26 39 38 45 28 12 4 6 5 10 10 7 4 From: Martin A. Parish 019-390-8427 To: Adam Landa Date: 8/17/2001 Time: 9:58:04 AM rage o or o SpeedStat-S1 DATASETS: Site: Direction: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Included classes: Speed range: Direction: Headway: Scheme: Name: Method: Units: In profile: Traffic Data Services Southwest Speed statistics [25301] !Olive Ave Plaza Blvd to Plumes 7 - North bound A>B, South bound B>A., Lane: 0 18:56 Mon 13 Aug 2001 to 12:51 Thu 16 Aug 2001 C:\Data From Z\Mcdata NtICty\2001\25301\UM25301816.ECO (Plus) A2T8EP2X MC56-1 [MC55] (c)Microcom 07/06/99 Factory default 19:00 Mon 13 Aug 2001 to 21:00 Wed 15 Aug 2001 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 5 -100 mph. North (bound) All Scheme F99 Factory default profile Vehicle classification Non -Metric (ft, mi, f/s, mph, Ib, ton) 5649 Vehicles Speed Statistics (Bin size = 0.1 m/s) Total vehicles in profile= 5649 Posted speed limit = 25 mph Number speeding = 4198 (74.31%) Maximum speed = 47 mph Minimum speed = 6 mph Mean speed = 27.71 mph 85% speed = 32.2 mph Median speed = 27.7 mph 10 mph pace = 23 to 33 Number in 10 mph pace = 4253 (75.29%) Variance = 21.38 Standard deviation = 4.62 mph Speed I Bin 0 - 5 I 0 5 - 10 1 10 10 - 15 I 41 15 - 20 I 226 20 - 25 I 1174 25 - 30 I 2486 30 - 35 I 1437 35 - 40 I 255 40 - 45 I 18 45 - 50 I 2 50 - 55 I 0 55 - 60 1 0 60 - 65 1 0 65 - 70 I 0 70 - 75 I 0 75 - 80 I 0 80- 85 I 0 85 - 90 I 0 90 - 95 I 0 95 - 100 I 0 0.0% 0.2% 0.7% 4.0% 20.8% 44.0% 25.4% 4.5% 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total Speed Factor = 0.00 Below 0 10 51 277 1451 0.0% 0.2% 0.9% 4.9% 25.7% 3937 69.7% 5374 95.1% 5629 99.6% 5647 100.0% 5649 100.0% 5649 100.0% 5649 100.0% 5649 100.0% 5649 100.0% 5649 100.0% 5649 100.0% 5649 100.0% 5649 100.0% 5649 100.0% 5649 100.0% Above 5649 100.0% 5639 99.8% 5598 5372 4198 1712 275 20 2 0 0 0 0 0 0 0 0 0 0 0 99.1% 95.1% 74.3% 30.3% 4.9% 0.4% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% sfact 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 n*Sfact 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 From: Martin A. Parish U19-390.8427 To: Adam Lands Date: 8l1712001 Time: 9:58:04 AM Page 3 of 5 VehicleCount 90 Page 1 VehicleCount-90 DATASETS: Site: Direction: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Included classes: Speed range: Direction: Headway: Scheme: Name: Method: Units: In profile: Traffic Data Services Southwest Vehicle Counts [25301] !Olive Ave Plaza Blvd to Plumes 7 - North bound A>B, South bound B>A., Lane: 0 18:56 Mon 13 Aug 2001 to 12:51 Thu 16 Aug 2001 C:\Data From Z\Mcdata\NtlCty12001\25301\UM253C11816.EC0 (Plus) A278EP2X MC56-1 [MC55] (c)Microcom 07/06/99 Factory default 19:00 Mon 13 Aug 2001 to 21:00 Wed 15 Aug 2001 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,13 0 -100 mph. North (bound) All Scheme F99 Factory default profile Vehicle classification Non -Metric (ft, mi, f/s, mph, Ib, ton) 5650 Vehicles Mort 13 Aug 2001 - Total 5$6(incompiete) ,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - - 151 110 117 103 27 31 30 29 49 15 33 18 32 28 29 26 43 36 25 30 85 30 23 17 15 Tue 14 Aug 2001 - TotaI=2700,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 45 24 8 13 9 22 50 62 73 99 101 133 133 164 142 196 243 241 236 159 170 178 107 92 9 6 1 1 2 3 15 14 16 14 22 29 29 31 30 54 57 51 58 46 42 50 29 29 15 7 1 3 0 9 10 12 18 25 29 32 40 42 41 46 50 64 58 40 42 50 25 18 10 3 2 3 5 5 12 20 24 31 23 34 29 42 36 44 63 57 67 38 41 46 27 17 11 8 4 6 2 5 13 16 15 29 27 38 35 49 35 52 73 69 53 35 45 32 26 28 AMPkHr11:30to12:30(n 141),AMPHF 0.88PMPkHr17:45to18:45(no252),PMPHF 0.91 Wed 15 Aug 2001 - Total=2384(incompiete) ,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0500 1000 1100 1200 1300 1400 1500 1600 1700 1000 1900 2000 2100 2200 2300 58 20 11 11 9 24 42 65 102 92 131 127 144 130 155 223 241 250 206 186 157 - - - 14 7 2 3 1 5 14 12 23 24 28 25 36 31 36 64 55 60 51 59 35 22 5 5 5 2 11 12 17 24 29 40 31 36 30 35 51 63 78 49 42 46 3 5 2 0 3 4 11 318 28 35 34 34 45 52 60 60 50 44 35 13 3 2 3 3 4 10 25 22 21 35 36 38 35 39 56 63 52 46 41 41 AM PkHr 11:30 to 12:30 (n-143), AM PHF=0.99 9 15 10 11 14 22 a 13 From: Martin A. Parish 619-390-8427 To: Adam Landa Date: 811772001 Time: 9:58:04 AM Page 4 of e SpeedStat-91 DATASETS: Site; Direction: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Included classes: Speed range: Direction: Headway: Scheme: Name: Method: Units: In profile: Traffic Data Services Southwest Speed statistics [25301] !Olive Ave Plaza Blvd to Plumes 7 - North bound A>B, South bound B>A., Lane: 0 18:56 Mon 13 Aug 2001 to 12:51 Thu 16 Aug 2001 C:\Data From Z\McdataWtlCty\20011253011UM25301816.ECO (Plus) A278EP2X MC56-1 IMC55) (c)Microcom 07/06/99 Factory default 19:00Mon 13Aug 2001to21:00Wed 15Aug 2001 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 5-100mph. South (bound) All Scheme F99 Factory default profile Vehicle classification Non -Metric (ft, mi, f/s, mph, Ib, ton) 4831 Vehicles Speed Statistics (Bin size = 0.1 m/s) Total vehicles in profile= 4831 Posted speed limit = 25 mph Number speeding = 3844 (79.57%) Maximum speed = 54 mph Minimum speed = 6 mph Mean speed = 28.58 mph 85% speed = 33.1 mph Median speed = 28.6 mph 10 mph pace = 23 to 33 Number in 10 mph pace = 3564 (73.7746) Variance = 24.81 Standard deviation = 4.98 mph Speed I Bin Below I Above i sfact I n*Sfact 0- 5 I 0 0.0% 0 0.0% I 4831 100.0% I 0.00 I 0.00 5 - 10 I 12 0.2% 12 0.2% I 4819 99.8% I 0.00 I 0,00 10 - 15 I 44 0.9% 56 1.2% I 4775 98.8% I 0.00 I 0.00 15 - 20 I 149 3.1% 205 4.2% I 4626 95.8% I 0.00 I 0.00 20 - 25 I 782 16.2% 987 20.4% I 3844 79.6% I 0.00 I 0.00 25 30 I 2009 41.6% 2996 62.0% 1835 38.0% I. 0.00 I 0.00 30 - 35 I 1446 29.9% 4442 91.9% I 389 8.1% 1 0.00 I 0.00 35 - 40 I 325 6.7% 4767 98.7% I 64 1.3% I 0.00 I 0.00 40 - 45 I 53 1.1% 4820 99.8% I 11 0.2% I 0.00 I 0.00 45 - 50 I 10 0.2% 4830 100.0% I 1 0.0% I 0.00 I 0.00 50 - 55 I 1 0.0% 4831 100.0% I 0 0.0% I 0.00 I 0.00 55 - 60 I 0 0.0% 4831 100.0% I 0 0.0% I 0.00 I 0.00 60 - 65 I 0 0.0% 4831 100.0% I 0 0.0% I 0.00 I 0.00 65 - 70 I 0 0.0% 4831 100.0% I 0 0.0% I 0.00 I 0.00 70 - 75 i 0 0.0% I 4831 100.0% I 0 0.0% I 0.00 I 0.00 75 - 80 I 0 0.0% I 4831 100.0% I 0 0.0% I 0.00 I 0.00 80 - 85 I 0 0.0% I 4831 100.0% I 0 0.0% I 0.00 I 0.00 85 - 90 I 0 0.0% I 4831 100.0% I 0 0.0% I 0.00 I 0.00 90 - 95 I 0 0.0% I 4831 100.0% I 0 0.0% I 0.00 I 0.00 95 - 100 I 0 0.0% I 4831 100.0% I 0 09y% I 0.00 I 0.00 Total Speed Factor = 0.00 City of National City, California COUNCIL AGENDA STATEMENT .JIEETING DATE October 2, 2001 3 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A RED CURB "NO PARKING " ZONE ADJACENT TO THE DRIVEWAY AT 1709 - 1749 E. 16TH STREET (J. WEAVER, TSC ITEM NO. 2001-32) PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering EXPLANATION Mrs. Weaver, the manager of 1709 - 1749 E.16th Street, has requested the installation of a red curb "no parking" zone adjacent to the driveway serving the apartments. According to Mrs. Weaver, parked vehicles are obstructing visibility from vehicles egressing the apartments. The Traffic Safety Committee approved 12 foot of red curb on the east side of the driveway at their meeting on September 12, 2001. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDA Adopt the Resolution Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its September 12, 2001, approved the 12 foot red "no parking" zone on the east side of the driveway at 1709 - 1749 E. 16th Street ATTACHMENTS ( Listed Below Resolution No. 2001-149 1. Resolution 2. Staff Report to the Traffic Safety Committee A-200 (9/99) RESOLUTION NO. 2001 - 149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL A RED NO PARKING ZONE ADJACENT TO THE DRIVEWAY AT 1709-1749 EAST 16r" STREET (J. Weaver, TSC Item No. 2001-32) WHEREAS, Jackie Weaver, the Association Manager for Southscape Homeowners Association, has requested the installation of a red no parking zone adjacent to the driveway serving the apartments at 1709-1749 Fast 16'h Street due to parked vehicles obstructing visibility of persons trying to enter 16'h Street from the apartment parking lot; and WHEREAS, at its meeting on September 12, 2001, the Traffic Safety Committee approved installation of a 12-foot red no parking zone adjacent and on the east side of the driveway serving the apartments at 1709-1749 Fast 16th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install a 12-foot red no parking zone adjacent and on the east side of the driveway serving the apartments at 1709-1749 East 16th Street. PASSED and ADOPTED this 2E' day of October, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: fr) g":21r George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 12, 2001 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1709 — 1749 EAST 16TH STREET (BY: J. WEAVER, TEL. NO. 528-4200) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Ms. Jackie Weaver, the manager of the property at 1709 — 1749 E. 16th Street, has requested the installation of a red curb "no parking" zone adjacent to the apartment driveway. According to Ms. Weaver, parked vehicles from the neighborhood are parking next to the driveway and they are obstructing the visibility from persons trying to enter 16th Street from the apartment parking lot. This property is located near other apartment complexes in the area. The posted speed limit is 35 m.p.h. According to the posted speed and reaction time (see attached chart) the required length of red curb should be twelve feet. STAFF RECOMMENDATION: Staff recommends the installation of a twelve foot red curb "No Parking" zone adjacent to the driveway on the east side at 1709 —1749 E. 16th Street. EXHIBITS: 1. Letter 2. Location Map 3. Chart 2001-32 16192826500 PMC, INC PAGE 02/02 08/16/2001 15:11 Property Management Consultants, Inc. MENSES FAA. CAS. CAMµ & SAN MOO 80MD of REAI.TORS August 16, 2001 Traffic and Safety committee Attn: Burton Myers, City Engineer 1243 National City Blvd. National City, CA 91950 RE: Southscape HOA 1709-1749 East 16th Street Dear Mr. Myers: I am writing this letter to you on the behalf of the Board of Directors of Southscape. We are writing this letter to request permission for a. red curb to be painted at the above address. The reasons we feel a red curb is necessary at this location is the heavy traffic and an old Chevy truck equipped with an old style camper shell parked at the curb we feel is causing a hazardous situation for other vehicles. The truck and camper is a visual hindrance to drivers navigating down this road, in an addition to blocking the drivers view parking at and pulling out from this location. We feel as a matter of safety and to avoid a potentially dangerous situation or accident we would like to have a red curb painted at the above listed address. Thank you. Sincerely, Jackie Weaver Association Manager MISSION VALLEY 3a11 Camino Del Rlo South, Suns 206 tan Diego, Calhomia 92108 (619j 8264200 RANtO`BERNARDO 11770 8 plaza Ct., Suite 483 San Diego, California 92128 (8.44) 4849811 SAN MARCOS 332 R9noh9me Oilve, Suite 20a See Marcos, CONomia 92069 (78tf) 471-1818 NN 0 0 12' OF RED CURB 1 160' Ym.16 • Deceleration Rate d = 12.0 feet per second2 Reaction Time r = 100 second. Deceleration Distance = Vs dt2 or-1 Vt or 2d Deceleration Time = d Detector Setback = Deceleration Distance + Reaction Distance = V2 + Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEED SPEED DEC. TIME DEC. DIST. TOTAL TIME TOTAL DIST. USE Mile Per Hour Feet per Sec. Second Feet Second Feet Feet 25 36.7 3.06 56.1 406 92.8 90 30 44.0 3.67 80.7 4.67 124.7 125 35 51.3 4.28 109.6 5.28 160.9 160 40 58.7 4.89 143.6 5.89 202.3 200 45 66.0 5.50 181.5 6.50 247.5 250 50 73.3 6.10 223.9 7.10 297.2 300 55 80.7 6.72 271.4 7.72 352.1 350 60 88.0 7.33 322.7 8.33 410.7 410 City of National City, California COUNCIL AGENDA STATEMENT nIEETING DATE October 2, 2001 AGENDA ITEM NO. 4 (-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A RED "NO PARKING" ZONE ON THE SOUTH SIDE OF 1ST STREET, EAST OF EUCLID AVENUE (B. WILSON, TSC ITEM NO. 2001-33) PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering EXPLANATION Mrs. Wilson, the owner of 2506 E. 3rd Street, has requested the installation of a red curb "no parking" zone on the south side of 1st Street, east of Euclid Avenue. According to Mrs. Wilson, vehicles from the sourrounding residential area are parking there and she believes that this is a potential traffic hazard. The Traffic Safety Committee approved 12-15 feet of red curb on the south side of 1st Street, east of Euclid Avenue at their meeting on September 12, 2001. Environmental Review Financial Statement N/A STAFF RECOMMENDAT Adopt the Resolution. N/A BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its September 12, 2001, approved the 12-15 foot red "no parking" zone on the south side of 1st Street, east of Euclid Avenue. ATTACHMENTS (Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Approved By: Finance Director Account No. Resolution No. 2001-150 A-200 (9;99) RESOLUTION NO. 2001 — 150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL A RED NO PARKING ZONE ON THE SOUTH SIDE OF 1' STREET, EAST OF EUCLID AVENUE (B. Wilson, TSC Item No. 2001-33) WHEREAS, Barbara Wilson, the owner of 2506 Fast 3rd Street, has requested the installation of a red no parking zone on the south side of 1s Street, east of Euclid Avenue to prohibit vehicles from parking at that location because she believes it is a potential traffic hazard; and WHEREAS, at its meeting on September 12, 2001, the Traffic Safety Committee approved installation of a 12 to 15 foot red no parking zone on the south side of 1' Street, east of Euclid Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install a 12 to 15 foot red no parking zone on the south side of 1g Street, east of Euclid Avenue. PASSED and ADOPTED this 2"d day of October, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 4 i NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 12, 2001 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE ON 1ST STREET BETWEEN EUCLID AVENUE AND VALVA AVENUE (BY: B. WILSON) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mrs. Barbara Wilson, the owner of the property at 2506 E. 31.ti Street, has requested the installation of a red curb "no parking" zone on the south side of 1st Street between Euclid Avenue and Valva Avenue. According to Mrs. Wilson, vehicles from the surrounding residential area are parking there and she believes that this is a potential traffic hazard. Staff researched 1st Street between Euclid Avenue and Valva Avenue and found that there have been no accidents in the vicinity in the last five years. In addition, it is the City's policy to allow on -street parking wherever practical. Based on the accident history and the City's policy, it is recommended that red curb not be installed on the south side of 1st Street between Euclid Avenue and Valva Avenue at this time. There is red curb on the north side of this section of street because of the need to restrict parking adjacent to the stop sign and a fire hydrant. STAFF RECOMMENDATION: Staff recommends against installing red curb on the south side of 1st Street between Euclid Avenue and Valva Avenue. EXHIBITS: 1. Letter 2. Location Map 2001-33 ?) ILt 3 4,6 fLob CL .44 J0.1 M'P 1 City of National City, California COUNCIL AGENDA STATEMENT 5 .MEETING DATE October 2, 2001 AGENDA ITEM NO. ITEM TITLE Resolution Approving Council Policy On The City of National City Investment Policy. PREPARED BY Marylou Matienzo EXPLANATION DEPARTMENT Finance City Council Policy Number 203 provides that the City's Investment Policy be reviewed annually. Per Council direction, investment policy updates are incorporated into our City Council Policy. This year's policy incorporated some changes to the adopted last year dated September 19, 200'. Please see attached explanation. CEnvironmental Review N/A Financial Statement Approved By: Not Applicable. STAFF RECOMMENDATION Staff recommends to adopt the Resolution approving the updated policy for inclusion in the Policy Manual and amend the Investment Policy adopted by Council on October 23, 1990. BOARD / COMMISSION RECOMMENDATION Not Applicable. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Updated Investment Policy 3. Summary of Revisions Resolution No. 2001-151 A-200 (9/99) RESOLUTION NO. 2001 - 151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 203 PERTAINING TO THE NATIONAL CITY INVESTMENT POLICY BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 203, entitled "Investments", is amended as recommended by the Finance Director. PASSED and ADOPTED this 2ad day of October, 2001. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: /#°'/ ‘21: George H. Eiser, III City Attorney Z George H. Waters, Mayor REVISIONS TO THE CITY OF NATIONAL CITY INVESTMENT POLICY 1 Page 1 of 13 Purpose Added: The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and formalize investment -related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital requirements. The ultimate goal is to enhance the economic status of National City while protecting its pooled cash resources and to provide broad guidelines to the officer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City of National are based on State law and prudent money management. All funds will be invested in accordance with the City's Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Code, Sections 53601 through 53659. The investment of bond proceeds are restricted by the provisions of relevant bond documents. 2. Page 3 of 13 Liquidity Added: An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. 3. Page 3 of 13 Delegation of Authority Added: The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. 4. Page 5 of 13 ELIGIBLE INVESTMENTS, #3 Deleted: The word "local". Added: authorized broker/dealers and 5. Page 6 of 13 GOVERNMENT OBLIGATIONS Changed: 2 years to 5 years Deleted: The maximum exposure shall be no more than 10% of the portfolio value. 6. Page 7 of 13 NEGOTIABLE, TRANSFERABLE, OR DIRECT CERTIFICATES OF DEPOSIT Deleted: with a total maximum exposure of 10% of the portfolio value. Added: Medium term corporate notes of a maximum of five years maturity issued by corporations organized and operating within the United States car by depository institutions licensed by the United States or any state and operating within the United States. Medium term corporate notes shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating agency. Investments will be limited to a maximum of 10% of the City's portfolio. The maximum principal amount in any one company will not exceed 200,000. 7. Page 8 of 13 Added: Safekeeping and Custody 8. Page 11 of 13 Added: Resolution No. 00-120 CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 1 of 16 Purpose The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and formalize investment - related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital requirements. The ultimate goal is to enhance the economic status of National City while protecting its pooled cash resources and to provide broad guidelines to the officer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City of National City are based on state law and prudent money management. All funds will be invested in accordance with the City's Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Code, Sections 53601 through 53659. The investment of bond proceeds are restricted by the provisions of relevant bond documents. Policy Temporarily idle funds will be invested in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of idle funds. Scope This policy applies to all financial assets of the City accounted for in the City's Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 2 of 16 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 3 of 16 Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Finance Director, who shall establish written procedures for the operation of the investment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 4 of 16 Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any large personal financial investment positions that could be related to the performance of the City's portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transactions. Receipt of the policy, including CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 5 of 16 confirmation that it has been reviewed by persons handling the City's account should be acknowledged in writing prior to commencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible investments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds in authorized broker/dealers and financial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall apply under certain market conditions to go beyond 2 years if the instrument has a callable, transferable, negotiable CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 6 of 16 feature in which maturity would fall within the limits of the California government Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from CMO's or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of U.S. Treasury and Agency obligations which are issued at the federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of Federal Agencies, Government Sponsored Enterprises and International institutions. Agencies are not the direct obligation of the Treasury but involve federal sponsorship, or guarantees. The maximum maturity shall be 5 years with a minimum credit requirement of AAA which all U.S. Treasuries and Agencies are currently rated. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 270 days. Issuers must be at or above the following investment grade from the rating firms of Fitch - Fl, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum maturity of an issue shall be 180 days. Issuers must be at or above the following investment grade from one of these rating firms: Fitch - Fl, Moody's CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 7 of 16 - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. NEGOTIABLE, TRANSFERABLE, OR DIRECT CERTIFICATES OF DEPOSIT are issued by FDIC insured commercial banks and thrift institutions funds deposited for specified periods of time and earn either a fixed or variable interest rate. the maximum maturity of an issue will be generally be no more than 1 year on new investments. Certain exceptions can be made upon the discretion of the Finance Director. The Certificate of Deposit is issued by a federally insured bank or credit union and must be "well capitalized" as that term referred to in the FDIC Rules and Regulations. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or Aa, Standard and Poor's - Al or AA. Issued is limited up to $100,000. Medium term corporate notes of a maximum of five years maturity issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Medium term corporate notes shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating agency. Investments will be limited to a maximum of 10% of the City's portfolio. The maximum principal amount in any one company will not exceed 200,000. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund with the state agency. This is a liquid investment that has no maximum maturity and an investment Cap of 30 million for each participant. The Finance Director shall have the authority to adjust the investment portfolio percent distribution and maximum maturities depending on CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR REVISED: October 2, 2001 certain market conditions government codes. Collateralization Page 8 of 16 in accordance to the terms of the To secure active or inactive deposits, the amount of securities placed with agent depository shall at all times be maintained as specified in California Government Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insurance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's approval. Safekeeping and Custody All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery -versus -payment (DVP) basis. Securities will be held in a third party custodian/safekeeping account. Said securities shall be held in a manner that establishes the City's right of ownership. Diversification The City will diversify its investments by security type and institution. With the exception of U.S. Treasury securities and the Local Agency Investment Fund pool, no investment may be made that would, as of the date a particular investment is being considered, result in having more than 15% of the City's total investment portfolio being invested in a single security type or with a single financial institution. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 9 of 16 Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the date of purchase without specific approval by the City Council. The maturity of such investments shall be made to coincide as nearly as practicable with expected use of the funds. Internal Control A system of internal control shall be maintained to prevent losses arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial -markets, or imprudent actions by employees and officers of the City. Controls deemed most important include: control of collusion, separation of duties, clear delegation of authority, written confirmation of transactions initiated by telephone, and documentation of transactions. The matrix of segregation of responsibilities of investment functions shown in Exhibit "A" attached hereto and incorporated herewith shall be implemented and adhered to. Non -Discrimination The City shall not knowingly make any investment in any financial institution and broker/dealers that practices or supports, directly or indirectly through its actions, discrimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 10 of 16 taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six months Treasury Bills. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. Reporting The Finance Director shall render a monthly report to the City Council and City Manager showing the following information: 1. Type of investment. 2. Name of financial institution. 3. Date of deposit. 4. Date of maturity. 5. Amount of deposit or carrying cost of the security. 6. Current market value for all securities with a maturity of more than 12 months. 7. The rate of interest. 8. A statement relating the report to the investment policy. 9. A statement that the City's expenditure requirements can be met in the following month. 10. At the end of each fiscal year, a schedule comparing the investment portfolio performance against the established benchmark. A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 11 of 16 selling price, accrued interest if applicable, settlement date and any additional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the policy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings. Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 City of National City Investments Functions Segregation of Responsibilities FUNCTION 1.0 Invest Policy: 1.1 Preparation and annual review of Investment Policy. 1.2 Approval of Investment Policy. 2.0 Investment Transactions: 2.1 Calculation of Cash position. 2.2 Investment recommendation: Determination of amount to be invested, selection of type of investment and term of investment. 2.3 Review of Investment recommend- ation and execution of transaction. 3.0 Recording of transactions: 3.1 In Investment subsidiary ledgers. 3.2 In accounting records. 3.3 Match Investment confirmation to subsidiary ledgers. 4.0 Safeguarding of assets and records: 4.1 Reconciliation of subsidiary records to the accounting records. 4.2 Reconciliation of subsidiary records to bank statements and safekeeping records. 4.3 Review of financial Institutions and investment brokers' reputation and financial condition. 4.4 Review of collaterals. 4.5 Control, follow up and calculation Page 12 of 16 RESPONSIBILITY Finance Director City Council Finance Director Finance Director City Treasurer Finance Director Finance Director Accountant Accountant Accountant Accountant Finance Director City Treasurer Accountant CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 13 of 16 of interest earnings. 4.6 Review and calculation of applicable fees, discounts, premiums, commissions and other costs associated with placing investments. Accountant 4.7 Maintain a separate file for each investment banker and broker authorized to do business with the City. Accountant 4.8 Distribute and secure acknowledgements of the City's Investment Policy from authorized banks and brokers. Accountant 4.9 Review the audited financial statements submitted by the investment brokers on an annual basis. Accountant 4.10 Gather data of comparable investment rates on a daily basis for the Finance Director's review. Accountant 4.11 Review the status of investment banks through the Financial Services Information Accountant 5.0 Investment portfolio: 5.1. Preparation of investment report. Sr. Accountant 5.2 Review of portfolio for compliance with stated investment policy Finance Director 5.3 Approval of Investment Report City Council CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 14 of 16 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Fannie Mae - Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System - The central bank of the United States consists of a seven member Board of Governors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) - Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $100,000) per account. Freddie Mac - Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginnie Mae - Trade name for the Government National Mortgage Association (GNMA), a direct obligation bearing the full faith and credit of the United States Government. Interest Rate - The annual yield earned on an investment, .expressed as a percentage. Liquidity - Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF) Demand Deposit - Was established by the state to enable treasurers to place idle funds in a pool for investment. Each agency is currently limited by LAIF to an investment of $30 million plus any bond proceeds. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 15 of 16 Market Risk - Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities prior to maturity. Also, avoiding the purchase of long term securities for the sole purpose of short-term speculation mitigates marker risk. Market Value - The price at which a security is trading and could presumably be purchased or sold. Maturity - The date the principal or stated value of an investment becomes due and payable. Portfolio - Collection of securities held by an investor. Purchase Date - The date in which a security is purchased for settlement on that or a later date. Rate of Return - The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) - Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of day at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. Reverse Repurchase Agreement (Reverse REPO) - A transaction where the seller (City) agrees to buy back from the buyer (bank) the securities at an agreed upon price after a stated period of time. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER: Investments 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 2, 2001 Page 16 of 16 Sallie Mae Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills - United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Issued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies - Instruments issued by various United States Government Agencies most of which are secured only by the credit worthiness of the particular agency. CITY OF NATIONAL CITY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 2, 2001 AGENDA ITEM NO. 6 ITEM TITLE RESOLUTION APPROVING AND AUTHORIZING THE RECORDATION OF AN-. ENCROACHMENT AGREEMENT WITH THERMO ELECTRON, INC. FOR INSTALLATION OF 4 GROUNDWATER MONITORING WELLS AT 1804 CLEVELAND AVENUE ALONG CLEVELAND AVENUE AND 18TH STREET PREPARED BY James Slade DEPARTMENT Engineering EXPLANATION Alfred J. Fessman the owner of the property located at 1804 Cleveland Avenue and Thermo Electron, Inc. the Leasee of the property is seeking an encroachment agreement to install 4 groundwater monitoring wells within the public right of way on Cleveland Avenue north and south of 18th Street, and 18th Street west of Cleveland Avenue in order to monitor the potential presence of total petroleum recoverable hydrocarbons [(TPRH), Benzene (B) and Methyl Tertiary Butyl Ether (MTBE) impacted soil and groundwater]. The installation and well monitoring shall be performed by Professional Testing Services, Inc. as required by the County of San Diego Department of Environmental health site assessment and mitigation division. The proposed monitoring well will be constructed of a 2" diameter pipe casing within an 8" sand and bentonite grouted boring with a total well depth of 25 feet, completed with a flush mount security vault and locking cap. A Faithful Performance Bond in the amount of $2,000 has been posted with the City of National City, as a security for prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restripping and any required well head adjustment. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATIOJivr Adopt the Resolutio I►�A� BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Encroachment Agreement 2. Plat Map 3. Proposed Monitoring Well Drawing 1804 Approved By: Finance Director Account No. Resolution No. A-200 (9799) RESOLUTION NO. 2001 - 152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THERMO ELECTRON CORPORATION FOR INSTALLATION OF FOUR GROUNDWAI'( MONITORING WELLS ALONG CLEVELAND AVENUE AND 18m STREET WHEREAS, on October 2, 2001, the matter of an encroachment permit was presented to the City Council by the applicant Thermo Electron Corporation for the installation of two groundwater monitoring wells within the public right-of-way along Cleveland Avenue and 18th Street; and WHEREAS, the City Council has received the report and recommendation of the Engineering Department; and WHEREAS, the applicant has executed an Encroachment Agreement with the City of National City agreeing to comply withall requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement," executed by Thermo Electron Corporation and directs the City Clerk to record the same. PASSED and ADOPTED this 2°d day of October, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Elser, III City Attorney FEE: $200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure within a CITY Easement or right-of- way for the use and benefit of OWNER's property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the .-above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER's land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal abandonment, and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. 5. In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold fAr harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWNER's entry upon and use of CITY's easement or right-of-way. 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorsements affecting coverage required by this clause. 7. OWNER and successor in interest, or assign, shall within 48 hours upon written notification by the CITY, adjust, or cause to adjust the top of the well on , if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 8. OWNER and successor in interest, or assign, shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of OWNER and successor in interest, or assign, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of-way. OWNER shall hold CITY harmless with respect thereto. 9. OWNER, or assign shall notify the CITY in writing of any proposed change in the location of the well on prior to installation, or of any proposed relocation after the installation. OWNER shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 10. OWNER or assign shall apply to the CITY Engineer of CITY for a construction permit, . prior to the installation of the well on and for subsequent adjustments. 11. All operations conducted by the OWNER or assign on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall be no deviations from these hours. 12. OWNER, or assign shall notify all adjacent residential, and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The OWNER and successor, or assign shall diligently proceed to complete all work with a minimum of inconvenience to the public. 13. OWNER, or assign shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the OWNER, or assign to locate all substructures and protect them from damage. The expense of repair or replacement of said substructures shall besolely borne by the OWNER, or assign, and the CITY shall be held harmless with respect thereto. 14. The OWNER, successor, or assign shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the OWNER's operations. 15. OWNER, or assign agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously, and not be limited to normal working hours; and that the OWNER or assign shall defend, indemnify and hold the CITY harmless from any and all liability, real or alleged, in connection with the performance of work on this project. 16. The OWNER, or assign shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 17. The proposed well shall exist in the public right-of- way for a maximum of two years. The OWNER, future successor, or assign shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's approval for the time extension. 18. OWNER, sucessor in interest, or assign shall notify the CITY in writing at least 48 hours prior to any intended monitoring and sampling of the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 19. OWNER, or assign shall deposit a sum in the CITY'S account, to be used purposes, prior to the approval of agreement. 20. The well cap installed under this information printed giving the name responsible entity in charge maintenance of the well. 21. The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. equal to $2,000.00 only for emergency this encroachment permit, shall have and phone number of of the installation and ALL PURPOSE ACKNOWLEDGEMENT COMMGA dITw /1411.5-Wilv=471C SITE OF GAUF :NIA�Q(c } SS. COUNTY OF 11 �1i'1P) m• Ic�kitpok' b On C�' U I(� Jai cgiXi i before me, personally appeared m6Y1.. 1*ill vi personally known to me lug proved e) to be the person(s) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/shetttiey executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(e) on the instrument the persons) or the entity upon behalf of which the person(!) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notarial seal) Signature I1). N3fa ?ub Uc n1y iar( pii to S : 011MOB Alros R.e.Ferm 1R11 PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES": SEE EXHIBIT "B" ATTACHED Dated: JUNE 25, 2001 JAMES R. WILSON Person in Responsible Charge (print name) (619) 224-3600 24 hr. Phone Number OWNER\APPLICANT THERMO ELECTRON CORPOR ION MR. MARK ROLLINS Printed Name & ignatur 81 WYMAN STREET WALTHAM, MA 02454-9046 ) Mailing Address PROFESSIONAL TESTING SERVICES,INC. (781) 622-1128 Firm Name Phone Number P.S. Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. SA:jha2 encho PRODUCER Serial # 0041 AON RISK SERVICES, INC. OF ILLINOIS 123 NORTH WACKER DRIVE CHICAGO, ILLINOIS 60606 1-800-4-VERIFY "9 ILUS OF MA, INC. IS PRODUCER OF THE AUTO AND WC INSURANCE 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. COMPANIES AFFORDING COVERAGE COMPANY A FEDERAL INSURANCE COMPANY INSURED THERMO ELECTRON CORPORATION 81 WYMAN STREET P.O. BOX 9046 WALTHAM, MA 02254 COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDIYY) DATE (MMIDOIYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE IXI OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 35328089 07/01/2001 07/01/2002 GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMP/OP AGG $ 1,000,000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (My one fire) $ 1,000,000 MED EXP (My one person) COMBINED SING) F LIMIT $ 10,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE GGREGATE WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: INCL EXCL WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT EL DISEASE - POLICY OMIT EL DISEASE - EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS IT IS AGREED THAT THE "PERSONS INSURED" PROVISION IS AMENDED TO INCLUDE AS AN ADDITIONAL NSURED THE ORGANIZATION NAMED HEREIN, CITY OF NATIONAL CITY, BUT ONLY IN SO FAR AS AND TO THE EXTENT OF THE NAMED INSURED'S LIABILITY ASSUMED BY ENCROACHMENT AGREEMENT. CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91960-4397 ATTN: JAMES SLADE, OFFICE OF THE CITY ENGINEERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUT�HO °REPRESENTATITIVE �OF AON�t Gam` LC . ll?Z ..- �5 S. INC. OF IL U:\FMPRO1ITHERMOELECTRON\20002001. FPS 0 SANTA FE RAILROAD STORAGE YARD J Q Th er2.Mo Le c.T1 oN (CAL -DO RAN RANSOM BROS. LUMBER O 18TH STREET OFFICES MAIN WO MW-4\ E 1.39 A T 1,900 \ B LARGE M <2 SHOP ELECTRICAL BOX 0 §$` H= TTREAT R I REST ROOM AND SHOWERS OFFICE M \ ROOMEp NIA 6' 8 W-5 co 1.3 ..� 2,000 T2 -I 1 I <2 25,000 G 2,500 UG/L S MW-3 PARKING E 1.39' T 1,400 B <2 M <2 �F II 19TH STREET " 130 FEET FURNACE STORAGE YARD MW-1 E 1.38' T 3,200 B <2 M <2 MW-2 E 1.41' T 1,900 B <2 M <2 O CLEVELAND AVENUE MW-5 E 1.36' T 82,000 B <2 M <2 PROPOSED MONITORING WELL MONITORING WELL SAMPLES OF 9/25/00, WITH GROUNDWATER ELEVATION (FT), AND TRPH (T), BENZENE (B), AND MTBE (M) IN UG/L LEGEND P 1.40' GROUNDWATER ELEVATION CONTOUR, INTERVAL 0.02 FT TRPH CONCENTRATION CONTOUR SCALE: 1 IN = 30 FEET MI NM 0 20 40 60 80 CAL-DORAN Y "CMERMO ELt.c.TR.c J 1804 CLEVELAND AVENUE NATIONAL CITY, CALIFORNIA FIGURE NO. 1: PROPOSED WELLS Kin tb r 8 SEP-10-01 09:48 PM P 2243600 P_02 MONUMENT SECURITY VAULT 1 IC) 4-INCH CASING 10-INCH BORING MW-1 Thswimo .IeccTcze:44 Thse post.A.4) WELL Mroc--pRo o . 3FT LOCKING CAP AIR VENT SURFACE 2FT 8FT 10FT FLUSH MOUNT SECURITY VAULT CONCRETE BENTONITE #3 SAND 25 FT 2-INCH CASING 8-INCH BORING MW-2, MW-3, MW-4, MW-5 FIGURE NO. 5 WELL CONSTRUCTION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 2, 2001 7 AGENDA ITEM NO. / ITEM TITLE EMERGENCY DEEP SEWER LINE/LATERAL REPAIR AT 2121 HOOVER AVENUE, INTERNATIONAL CHEMICAL CORPORATION PREPARED BY Joe Smith DEPARTMENT Public Works HOCKING EXPLANATION The existing sewer lateral servicing 2121 Hoover Avenue has failed at the join to the existing sewer main causing a sewage backup problem. After a field investigation, it was determined that the existing sewer lateral could not be properly unplugged, and it was also discovered that there was a vertical displacement in the sewer lateral. Based upon this information, it was determined that the lateral should be replaced. The City's mainline is at a depth of 14 feet. During the exploratory excavation, it was discovered that the join between the sewer and the lateral is below the water table, and the soil conditions are extremely poor creating a need for specialized shoring and water -bypassing equipment, which the City does not have. Considering all of these factors, along with the potential of a possible sewer line failure this close to the San Diego Bay, it was determined that this was an emergency condition, in accordance with California Public Contract Code Section #20168. Various contractors were contacted to determine who could begin work on the repairs immediately, and who had the necessary safety equipment. Based upon these concerns, Pacific Southwest Construction Company met all of the conditions and provided the City with a time and material cost, not to exceed $16,500.00. CEnvironmental Review Financial Statement N/A Approved By: Finance Direct• ✓ The estimated cost of the repairAt $16,500, which has been budgeted for in the Capital Impr. -ment Fund Account Number 125-409 ' STAFF RECOMMENDATI _ 2 It is recommended that th &;r .1, ci(' ppiove th work as an emergency condition and that the standard bidding procedures •e waived to expedite the repairs as allowed by the California Public Contract Code Section #20168. Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS None ( Listed Below ) Resolution No. 2001-153 A-200 (9/99) RESOLUTION NO. 2001 — 153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING A PUBLIC CALAMITY, AND AUTHORIZING THE REPAIR OF A DEEP SEWER LINE/LATERAL AT 2121 HOOVER AVENUE BY PACIFIC SOUTHWEST CONSTRUCTION COMPANY WHEREAS, the existing sewer lateral servicing 2121 Hoover Avenue has failed at the join to the existing sewer main causing a sewage backup problem; and WHEREAS, during the exploratory excavation to determine the scope of necessary repairs, it was discovered that the join between the sewer and the lateral is below the water table, and the soil conditions are extremely poor creating a need for specialized shoring and water - bypassing equipment, which the city does not have; and WHEREAS, Pacific Southwest Construction Company is capable of performing the necessary repairs and provided the City with a time and material cost, not to exceed $16,500; and WHEREAS, Section 20168 of the California Public Contract Code provides that if there is a great public calamity, a legislative body may declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and that upon the adoption of a resolution, may expend any sum without complying with the Local Agency Public Construction Act; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds that due to the existence of the public calamity situation described hereinabove, the public interest and necessity demand the expenditure of public money without compliance with the competitive bidding requirements of the Local Agency Public Construction Act for the emergency repair of a deep sewer line/lateral at 2121 Hoover Avenue, and the City Council hereby authorizes a contract with Pacific Southwest Construction Company to perform said repair. PASSED and ADOPTED this 2°d day of October, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 02, 2001 AGENDA ITEM NO. 9 ITEM TITLE WARRANT REGISTER #12 PREPARED BY C. Palazo DEPARTMENT Finance EXPLANATION Ratification of Warrant Register #12 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: ce • rector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,348,900.67. BOARD / COMMISSION RECOMMENDATION ,4, ATTACHMENTS ( Listed Below ) /7is2/-/7,?0 1. Warrant Register #12 2. Workers Comp Warrant Register dated 09/12/01 3. Payroll Warrant Register dated 09/12/01 Resolution No. A-200 (9;99) City of National City, California COUNCIL AGENDA STATEMENT .v1EETING DATE October 02, 2001 AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #13 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #13 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $169,975.29. BOARD / COMMISSI RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #13 2. Workers Comp Warrant Register dated 09/19/01 Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 2, 2001 AGENDA ITEM NO. 11 ITEM TITLE PREPARED BY CLAIM FOR DAMAGES: Cristina Briano Michael R. Dalla, CM�PARTMENT City Clerk EXPLANATION The claim of Cristina Briano arises from an occurrence on August 7, 2001 and was filed with the City Clerk's Office on August 20, 2001 Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS L N/A ( Listed Below ) Resolution No. A-200 (9/80) CITY OF NATIONAL CITY CLAIM FOR DAMAGES RECEIVE-0 TO PERSON OR PROPERTY CITY CLERK INSTRUCTIONS + ZO AUG 20 P 3 33 1. Read entire claim before filing. 2. This claim form must be signed at bottom. CITY OF NATIONAL CITY 3. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 4r95a 4. Claim must be filed with City Clerk, 1243 National City Boulevard, National City, CA^92650-439-7 (619) 336-4226 To the Honorable City Council City of National City, California Attention: City Clerk The undersigned hereby presents the following claim to the City of National City, in accordance with the laws of the State of California. 1. Name of Claimant: Cristinu 1?)flano 2. Home address of Claimant: 380 mouth Dr #30 Iota CA. GI10150 Home Telephone Number. 000) CM' 112l Business address of Claimant: Business Telephone Number: 3. Give address to which you desire notices or communications to be sent regarding this claim: 102 E. 2,2nd st *2(5 National City cA. glaso 4. How did DAMAGE or INJURY occur? Give full particulars - On 1uqust- -1, Cooi at- about 11.30 am i was driving up 29141 Smeet • Fs I uas passing by °A' Ave. (buf-still on 24"0 There Vls a Sewer main with The 'cap` of it unsecured whleh is p Serious hazard to drivers. I drove on The left lane and the back tire of my husband's ply) pwk up fell into the Sewer hole eiec+t n9 the 'ear'' which flew out Into The, right lane almost hiffin9 a passing car and -the vehicles parked on -fie curb. The imps blew my -tire and caused stvere da►na9.e to fbe frijcki axe!. -the hvck had fa be -awed away and cannot run bemuse of the broleen axe'. 5. When did DAMAGE or INJURY occur? Give full particulars, slat , time of day: The damage .-10 -the Irv* CMS made when the tyre �rt the lnsecured Sewer alp, falling Into -tile crevace hence Causing -the tire -fig blow out at a high lfnpac' and breaking the axel. 6. Where did DAMAGE or INJURY occur? Describe fully, and attach diagram where appropriate. Give street names and addresses and measurements from landmarks: 6oin9 avast on am* Street , past National Cify Blvd. , and 'Ar owe on -the left lane. a, 7. What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City em- ployees causing the injury or damage, if known: The hazard caused b4 the seams cap 'that was not appropriadely secured in pace by itlf, city 8. What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: The dawla e made +o the axeI00the +ire causing if- -to be unable -to move. 7h¢ repa r3, .requIte1 to replace -the whole tlre;) rim, re placemen+- the rear Leff drool,'rear' brafeef , and cost eve, 4110-c0- 9. Names of physicians, hospitals, etc • 10. What AMOUNT do you claim on account of each of this claim, giving basis of computation: 1140 dollars vtn tow -the-tructi io -fire and the awl among other -things 11. Give ESTIMATED AMOUNT as far as known you or damage, giving basis of computation: All of the receipt show what .each ISM item of injury or damage as of date of presentation a safe dace ?Vas -the cost of repairs to fhe added up to vp ros claim on account of each item of prospective injury was worth. 12. Insurance payments received, if any, and names of Insurance Company: 11011E. 13. Expenditures made .on account of accident,or injury: (Date -Item) (Amount): ell Io l * 4O - to Mod ban Towing- 6ervrr . 8/lc/or 41 I,205.so -lb c aJex Towing and AUfo R¢RaiR 14. Name and address of Witnesses, Doctors and Hospitals: Onst Maldonado who IuoriCs or the Cify . He came 4 wcplace -tIt timer or and elated i-F ity E. Qyt" , National City CA, ¶450 I declare under penalty of perjury that I have read the foregoing claim and the papers attached thereto, - and that the same are true and correct to the best of my knowledge. DATE: f3�'Itor CI • i ant or Agent 0 Plymouth DrMo Vts-a CA . Address of Above %(ao)9y l • j229- 61 Telephone No. of Above City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 2, 2001 AGENDA ITEM NO. 12 ITEM TITLE CLAIM FOR DAMAGES: Mirna Navarro Michael R. Dalla CMrr " PREPARED BY `DE ARTMENT City Clerk EXPLANATION The claim of Mirna Navarro arises from an occurrence on June 8, 2001 and was filed with the City Clerk's Office on August 15, 2001 Environmental Review XX__ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) CITY OF NATIONAL CITY CLAIM FOR DAMAGES TO PERSON OR PROPERTY RECEIVED CITY CLERK RK INSTRUCTIONS 1. Read entire claim before filing. 2. This claim form must be signed at bottom. 3. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. glq,sa 4. Claim must be filed with City Clerk, 1243 National City Boulevard, National City, CA -92e56-4397. (619) 336-4226 ZOM AUG 1$ P 3 4 b CITY OF NATIONAL CITY To the Honorable City Council City of National City, California Attention: City Clerk The undersigned hereby presents the following claim to the City of National City, in accordance with the laws of the State of California. 1. Name of Claimant: "1 r r\o. Noao\ rrD ►W` 2. Home address of Claimant: % -1 111 Home Telephone Number:iTt 1���� �j`1 C�+ °t ° 5� (1.00) a3to—I41 Business address of Claimant. r`/ Business Telephone Number: /V/// 3. Give address to which you desire notices or communications to be sent regarding this claim: $a✓41e. QS above- 4. How did DAMAGE or INJURY occur? Give full particulars: i M, Oar tAa5 parteed i-R-or�fi ,�F M undress ar d c f Ada y Juh2 / I . w k i I,e I ✓\ m9 Car ►?-6ka y b 9 n cx..T rxYr t 1215'p.. m . !t- +CC.P �l i {� 1 r.0� "1'!�e IN Ind 3h�-e' 1 GPI cve- cl l x-a_c*-thC5 41-re w;vldsLt.ielcdl e hourf `ainehes on The- Passe-vzc�ex- nr, my 199D nerd 5. hen did DAMAGE or INJURY occur? Give full particulars, date, time of �day: i0.10cAlr �,.��e. a[�n� l rnur-td 9 Vrp.,1i w\-.%-�e- ir\ hie r, 6. Where did DAMAGE or INJURY occur? Describe fully, and attach diagram where appropriate. Give street names fl addresses and measurements from landmarks: 7 o r 1 1M� 1-111 —I"' SA reef ,Gri-i Dvla) fu'j t1 CH-- 9t9S0. Ml eot.Y 1,Jc45 -i-re ►n-%on+ rv,cj 7. What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City em- ployees causing the injury or damage, if known: N/ •\ 8. What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Ci a c1� W i,nct 51' I4 9. Names of physicians, hospitals, etc- /f" 10. What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: CAtAe, u1-fSii?s= FY 11. Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: j g 5 . g- t! 11 y 4,1E ic51-i C- e C of ss Co 1pAAl . FilOrn e_ Al° , 4/zO 12. Insurance payments received, if any, andnames of Insurance Company: _MCA/�' G1l�kIJJ�11k!i✓s�c psis C Od ti► j�1.ct .�1e s 13. Expenditures made on account of accident or injury: (Date -Item) (Amount): 14. Name and ad {J esss of Witnesses, Doctors and Hospitals: I declare under penalty of perjury that I have read the foregoing claim and the papers attached thereto, and that the same are true and correct to the best of my knowledge. DATE- 1/// Claimant or Agent yt77 S ,rel Address of Above Telephone No. of Above City of National City, California COUNCIL AGENDA STATEMENT 10/02/2001 MEETING DATE *Refer to Item #1 13 AGENDA ITEM NO. ITEM TITLE Resolution Authorizing Appropriation of $145,654 in FY 2001/2002 Local Law Enforcement Block Grant Funds for Purchase of Police Department Equipment. PREPARED BY Lt. Keith Fifield DEPARTMENT Police Department 67/13e-' r-- EXPLANATION In the August 21, 2001 council meeting, the council approved resolution 2001-120, authorizing the acceptance of the 2001 Local Law Enforcement Block Grant award funds in the amount of $147,125, with local marching funds in the amount of $16,347 from asset forfeiture. It was noted in the resolution that we will probably be penalized 10% for failure to comply with one of the special conditions, reducing the amount to $132,413 with a local match of $13,241, making the final award total $145,654. After the resolution was passed, the police department began the "Request for Drawdown" of funds process. This process requires that the Local Law Enforcement Block Grant Advisory Board meet to discuss and vote on the police department's expenditure proposal and hold a public hearing. The Advisory Board met on Tuesday, September 18th. The board consisted of the same members as last year. The expenditure proposal was presented to the LLEBG Advisory Board and at the end of the meeting the board voted unanimously to recommend approval of the proposed expenditures. The police department's expenditure proposal consists of equipment that will improve officer and public safety. Attached is the expenditure proposal that lists the specific equipment and preliminary cost budget. The proposed expenditures are based on the award amount and matching funds total of $145,654, which is the amount anticipated after the 10% penalty for non-compliance with one of the special conditions. (Continued) Environmental Review Financial Statement N/A No impact to General Fund Budget. Local match from Asset Forfeiture Funds. 4 /. j Account No. STAFF RECOMMENDATION Approve Resolution BOARD / COMMISSION RECOMMENDATION On 09/18/01 the Local Law Enforcement Block Grant Advisory Board voted unanimously (5-0) to recommend the approval of the proposed expenditures. 233-411-000-316-0000 233-411-000-318-0000 233-411-000-502-0000 233-411-000-508-0000 233-411-000-518-0000 233-411-000-599-0000 ATTACHMENTS ( Listed Below ) FY 2001 LLEBG Application FY 2001 LLEBG Expenditure Proposal A-200 (9/80) Resolution No. 2001-154 COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING APPROPRIATION OF FY 2001/2002 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR PURCHASE OF POLICE EQUIPMENT PAGE 2 Proposal The Police Department is requesting a Resolution that would authorize the appropriation of $145,654 in FY 2001/2002 Local Law Enforcement funds to purchase police equipment as allocated on the attached expenditure proposal. Approximately $13,241, or ten percent, will be the required cash match by the City. The cash match, if the resolution is approved, will be taken from the asset forfeiture/seizure fund and have no impact on the general fund. The appropriation amount was calculated with the 10 percent penalty we are expecting to incur for not meeting one of the LLEBG grant program special conditions. Attached is the Police Department's expenditure proposal. The Police Department proposes the purchase of equipment that will significantly improve officer and public safety. The LLEBG Advisory Board approved this expenditure proposal at a meeting on September 18a', 2001. The total expenditure amount is $145, 654. (See attached expenditure proposal). $139,763 is the total amount budgeted to purchase the equipment. A balance of $5,891 is being allocated for contingency purposes in case budgeted costs are higher or lower at the time of purchase. The final amount of the 2001/2002 LLEBG expenditure proposal may change slightly when the award amount is adjusted for the 10 percent penalty we will incur for violation of one of the special conditions. The current appropriation request is an estimate of the award amount after the 10 percent penalty. Since the "Request for Drawdown" of funds process must be completed before the grant amount is adjusted, we estimated the 10 percent penalty into our expenditure proposal. If the final amount differs from the requested appropriation, an additional Council Agenda Statement will be completed to appropriate the correct/final amount of the grant award. The below listed account numbers have been designated by finance for FY 2001/2001 LLEBG funds: 233-411-000-316-0000 233-411-000-318-0000 233-411-000-502-0000 233-411-000-508-0000 233-411-000-518-0000 233-411-000-599-0000 Ammunition Wearing Apparel Computer Equipment Photographic & Recording Equipment Public Safety Equipment Other Fixed Assets RESOLUTION NO. 2001 - 154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $145,654 IN FY 2001/2002 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF POLICE DEPARTMENT EQUIPMENT WHEREAS, on August 21, 2001, Resolution No. 2001-120.was adopted by the City Council authorizing the acceptance of the 2001 Local Law Enforcement Block Grant funds from the United States Department of Justice; and WHEREAS, the City of National City was awarded $145,654 in grant funding; and WHEREAS, the Police Department has requested the appropriation of the $145,654 in grant funding to the following Police Department accounts for the purchase of Police Department equipment: 233-411-000-316 233-411-000-318 233-411-000-502 233-411-000-515 233-411-000-518 233-411-000-599 131-411-000-515 Ammunition Wearing Apparel Computer Equipment Communications Equipment Safety Equipment Miscellaneous Fixed Assets Communications Equipment - Asset Forfeiture Match for Grant; and WHEREAS, the Police Department's request was considered and approved by the Local Law Enforcement Block Grant Advisory Board at their meeting of September 18, 2001; and WHEREAS, the Police Department's request was considered and approved by the City Council at a public hearing held on October 2, 2001. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of $145,654 in FY 2001/2002 Local Law Enforcement Block Grant funds for Police Department equipment. — Signature Page to Follow — Resolution No. 2001 — 154 October 2, 2001 Page Two PASSED and ADOPTED this 2nd day of October, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: /)/3g24-4.11a Michael Dalla, City Clerk George H. Eiser, III City Attorney Print Application Page 1 of 1 Application was submitted on July 19, 2001 05:01:42 PM EDT. LLEBG FY 2001 Application Date Certified : 19-JUL-01 ' Date Submitted : 19-JUL-01 Jurisdiction Information Jurisdisotion:State: National City SAN DIEGO CALIFORNIA Numbe Ct)FAr6.592 Budget Information Eligible Award Amount: $147,125 Final Award Amount $147,125 Match Amount: $16,347 Matching Funds Description: State and Local Government (inks CEO Information Title: City Manager Name Prefix: Mr. Last Name : McCabe First Name : Tom Address: 1243 National City Boulevard National City, California, CA 91950.4397 Telephone: (619)336-4240 Fax: (619)336-4327 Emelt cmo@d.national- aly.ca.us Program Contact Information Tom: Lieutenant Name Prefix: Dr. Last Name : Afield First Name : Keith Address:)200 National National City, C Cityoulevard397 Telephone: 619-336-4543 Fax: 619-336-4525 Email: ldfield@ci.national- ah.ea.us Application Details Date Agreed to Trust Fund Requirement 19-JUL-01 Applicant is PSOHB Compliant Yes Date Agreed to SPOC Requirement 19-JUL-01 Date Agreed to SAA Review Requirement 19-JUL-01 Date Agreed tLCertif�cations: 119-JUL-01 Date Agreed to Assurances: https://grants.ojp.usdoj.gov:8004/gms user/plsgUllebg main.app_reaci only?p bgid=3&p_act.. 9,24/01 2001 Local Law Enforcement Block Grant Proposal Funds Available: $145, 654 (This is after the anticipated 10% penalty for non-compliance with one of the Special Conditions). Requests: Item Amount (40) Protective Gas Masks with carriers, $98.00 ea. $4,90630 (24) Ruger Mini 14. Rifles w/ two 20 round magazines S10,304.52 (13) SWAT Colt M4 Carbines and assorted accessories $35,995.41 (95) Keviar Tactical Ballistic Helmets w/ 65 face -shields $29,668.23 (6) XTS Portable Digital Radios ® $4,000 ea. includes extra battery and belt holder. (15) Tactical Raid Vests for Detectives 4) $1,000 ea. (1) CVSA Laptop Computer (1) Alternate Light Source $24,000 $16,485 $10,000 $8.404.50 Total $139,763.96 Balance= +$5,891 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING 14 MEETING DATE October 2, 2001. AGENDA ITEM NO. (-ITEM TITLE ORDINANCE AMENDING SECTION 11.32.400 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO PENALTIES FOR PARKING VIOLATIONS PREPARED BY George H. Eiser, III EXPLANATION Rudolf Hradecky, ESQ. DEPARTMENT City Attorney p The proposed ordinance amends National City Municipal Code Section 11.32.400 to make it consistent with California Vehicle Code Section 40202(a), which allows 21 days to pay parking citation fines, rather than 30 days as currently stated in NCMC Section 11.32.400. 1 Environmental Review X N/A Financial Statement N/A >STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) Copy of California Vehicle Code Section 40202(a) Proposed ordinance A-200 (999) Resolution No. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 11.32.400 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO PENALTIES FOR PARKING VIOLATIONS BE IT ORDAINED that the City Council of the City of National City does hereby amend Section 11.32.400 of the National City Municipal Code to read as follows: 1.32.400 Parking violation —Penalties. A. The registered owner, lessee or renter of a vehicle cited for violation of the provisions of Chapter 7.18 or 11.32 of this code or the California Vehicle Code shall pay the fine as indicated within twenty-one (21) days from the date the citation was issued. B. The failure of the registered owner, lessee or renter of the cited vehicle to pay the parking fine within twenty-one (21) days of the issuance of the citation shall result in the penalty being increased to double the amount of the original penalty amount, i.e., penalty x 2. C. Parking penalty fines are set to amounts consistent with the then current recommendations of the San Diego County parking penalty committee, on file in the office of the city clerk, in accordance with Vehicle Code Section 40203.5(a) D. In accordance with Vehicle Code Section 4760, the city shall file an itemization of unpaid parking penalties, including administrative fees and the amount of costs of the city for costs of service, with the Department of Motor Vehicles for collection with the registration of the vehicle. PASSED and ADOPTED this day of , 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney muwriscs using the services of the processing agency. The issuing agency shall establish procedures to investigate and resolve complaints by motorists about any processing agency. (d) Subdivision (c) does not apply to an issuing agency that is a law enforcement agency if the issuing agency does not also act as the processing agency. Amended Sea 5, Ch. 734, Stets. 1995. Effective January 1, 1996. Recall of Parking Citation Hold 40200.8. The parking processing agency shall notify the department and recall any hold on the registration of a vehicle that it filed with the department in connection with a parking citation if the processing agency is awarded a civil judgment for the citation pursuant to subdivision (b) or (c) of Section 40220,. or if the processing agency has granted a review of the issuance of the citation pursuant to Section 40200.7 or Section 40215. Added Sec. 41, Ch. 766; Stets. 1995. Effective January 1, 1996. Notice of Parking Violation 40202. (a) If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the violation, including reference to the section of this code or of the Public Resources Code, the local ordinance, or the federal statute or regulation so violated; the date; the approximate time thereof; the location where the violation occurred; a statement printed on the notice indicating that the date of payment is required to be made not later than 21 calendar days from the date of citation issuance; and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or, pursuant to Section 40215, contest the citation. The notice of parking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is readable through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein. (b) The notice of parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person. (c) Once the issuing officer has prepared the notice of parking violation and has attached it to the vehicle as provided in subdivisions (a) and (b), the officer shall file the notice with the processing agency. Any person, including the issuing officer and any member of the officer's department or agency, or any peace officer who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of a citation that was retained by the officer; for any reason, before it is filed with the processing agency or with a person authorized to receive the deposit of the parking penalty, is guilty of a misdemeanor. (d) If, during the issuance of a notice of parking violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the notice to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within 15 calendar days of issuance of the notice of parking violation, a copy of the notice of parking violation or transmit an electronic facsimile of the notice to the registered owner. (e) If, within 21 days after the notice of parking violation is attached to the vehicle, the issuing officer or the issuing agency determines that, in the interest of justice, _ the notice of parking violation should be canceled, the issuing agency, pursuant to subdivision (a) of Section 40215, shall cancel the notice of parking violation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing. If, after a copy of the notice of parking violation is attached to the vehicle, the issuing officer determines that there is incorrect data on the notice, ' including, but not limited to, the date or time, the issuing officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely eery of the notice on the processing agency's data system. A copy of the correction shall be mailed to the registered owner of the vehicle. (f) Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation. Amended Ch. 1243, Stets. 1992. Effective September 30, 1992. Amended Ch. 1244, Stats. 1992. Effective January 1, 1993. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE OCTOBER 2, 2001 AGENDA ITEM NO. 15 `ITEM TITLE REQUEST FOR DIRECTION FROM CITY COUNCIL REGARDING THE DRAFT LEASE AGREEMENT BETWEEN CALTRANS AND THE CITY OF NATIONAL CITY FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE PALM AVENUE AND DIVISION STREET INTERSECTION . "THE BRIDGE PROPOSAL" PREPARED BY RHONDA DARLING DEPARTMENT PUBLIC WORKS/ENGINEERING EXPLANATION See attached CEnvironmental Review N/A Financial Statement The ten-year cost of the lease is $5,120. There are two ten- year renewal terms allowed by the I-; e. The lease requires that any rent charged to subleasees by the Cit,f st be forwarcked to the State. Funding has not yet been id of - ! / I / iith 11 STAFF RECOMMENDAT J Approved By: (— • �^ " —A'� finance DirectorL_ Account No. We are recommending City cil v w tl'attache (ease, and if acceptable, authorize the Mayor to sign the lease. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Lease Resolution No. A-200 (9/99) Explanation: The City has been working with Caltrans to obtain a lease for the property at Division Street and Palm Avenue. Once the City has obtained the lease, we will sub -lease the airspace for community -benefit and social service purposes, in accordance with State Senate Bill 160. Over the last 1 '/2 year time period, City staff has been involved in on -going discussions with Caltrans regarding the language of the lease. Attached is the final product. We are now presenting the proposed lease provisions to City Council to decide on whether or not to accept the lease as it has been written. After the lease with Caltrans is finalized and executed by the City, the City can then negotiate sub -leases for non-profit, community -benefit type use of the property. It should be noted that although this lease conforms with SB160, it will be difficult to negotiate sub -leases for this property due to the use restrictions in the proposed lease between Caltrans and the City of National City. The proposed lease severely limits the usability of the site by a number of conditions. These conditions include that Caltrans wants a full set of project plans before rights to the property are secured by a sub -lease; Caltrans and the Federal Highway Administration must review and approve any sub -tenant; sub -tenant has 180 days to vacate all or part of the premises if any portion of the property will be affected by an "Approved and Funded Transportation Project;" three ten-year lease terms may not be economically feasible; there are physical constraints of putting any structure adjacent to the bridge; and, all improvements constructed on the premises by the Tenant shall become the property of the State once the lease expires or is terminated. The lease was written by the local Caltrans office. The lease has undergone numerous revisions as requested by both the City and Caltrans headquarters in Sacramento. All responsible divisions of Caltrans have now reviewed the lease and agree with the terms. Caltrans has stated that this is the final product for consideration. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AIRSPACE GROUND LEASE FOR COMMUNITY BENEFIT AND SOCIAL SERVICE PURPOSES LEASE AREA No. 11-SDX805-12 THIS LEASE is written pursuant to legislative act by the State of California known as State Senate Bill 160, also known as the State Budget Bill of 1999, items 14(a), 14(b) and 14(c), which state, (14a) "The Department may lease the airspace under the interchange at Palm Avenue and Division Street in San Diego County to any city, county, or other political subdivision, or any state agency, for community - benefit and social service purposes. The Department may provide information to those entities regarding the lease of that airspace for that use. The lease shall be for $1 per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee." 14(b) "This lease shall also provide for the cost of administering the lease. The administrative fee shall not exceed $500 per year unless the department determines that a higher administrative fee is necessary." 14(c) "Upon request of the City of National City, the department may renew the lease for the period requested by the city, but not exceed 10 years, and may, subsequent to that renewal, agree to not more than two additional renewals of not more than 10 years each." THIS LEASE dated September 1, 2001 is by and between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called "Landlord," and CITY OF NATIONAL CITY, hereinafter called "Tenant." WITNESSETH For and in consideration of the rental and of the covenants and agreements hereinafter set forth to be kept and performed by the Tenant, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises herein described for the term, aLthe rental and subject to and upon all of the terms, covenants and agreements hereinafter set forth. ARTICLE 1. SUMMARY OF LEASE PROVISIONS LANDLORD: DEPARTMENT OF TRANSPORTATION TENANT: CITY OF NATIONAL CITY PREMISES: Near the interchange of Highway 805, Palm Avenue and Division Street located in National City and City of San Diego, County of San Diego, State of California, known to Landlord as 11-SD-805-12 and more particularly described in Article 2 of this lease. LEASE TERM: Ten (10) years, commencing September 1, 2001 and expiring on August 31, 2011 (Article 3), plus two (2) additional ten-year (10-year) renewal options beginning September 1, 2011 and ending August 31, 2031 if elected. RENT: $1.00 per month, plus $500.00 per year administrative fee (Article 4) ADJUSTMENT TO RENT: Adjustments may be made for change in use or assignment of this Lease (Article 4). USE: Community Benefit and Social Service Purposes. LIABILITY INSURANCE: $5 Million (Article 9). Tenant may self -insure. LEASE AREA No. 11-SDX805-12 ADDRESS FOR NOTICES: (Article 19) To Landlord: DEPARTMENT OF TRANSPORTATION, DISTRICT 11 - RIGHT OF WAY, MS 54 PO Box 85406 San Diego, CA 92186-5406 To Tenant: CITY OF NATIONAL CITY, CITY MANAGER 1243 National City Boulevard National City, CA 91950 References in this Article 1 to the other Articles are for convenience and designate other Articles where references to the particular item contained in the Summary of Lease Provisions appear. Each reference in this Lease to the Summary of Lease Provisions contained in this Article 1 shall be construed to incorporate all of the terms provided under the Summary of Lease Provisions. In the event of any conflict between the Summary of Lease Provisions and the balance of the Lease, the latter shall control. ARTICLE 2. PREMISES Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, those certain premises known as Airspace Lease Area No.11-SDX805-12, situated in the City of National City and City of San Diego, County of San Diego, said land or interest therein being shown on the map or plat marked "Exhibit A," attached, hereto and by this reference made a part hereof, and more particularly described as follows:" All that certain real property situated, lying, and being in the City of San Diego and in the "City of National City, County of San Diego, State of California, described as: THAT portion of lot 70, of Ex Mission Lands of San Diego (commonly called Horton's purchase), according to map thereof No. 283, filed in the San Diego County recorder's Office, on March 9, 1878, conveyed to the State of California in a deed recorded on May 21, 1971, as File No. 105932 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a Final Order of Condemnation recorded on May 16, 1972, 183419 in said recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on December 31, 1969, as File No. 236282 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on November 13, 1969, as File No. 207832 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on October 6, 1970, as File No. 181572 in said Recorder's Office, TOGETHER WITH Lot 3 and portions of Lots 1,2,4,5, and 31, according to map thereof No. 3153, filed on November 4, 1954, in said County Recorder's Office, conveyed to the State of California in a Final Order of Condemnation recorded April 26, 1972, as file No. 103745 in said Recorder's Office, TOGETHER WITH a portion of Lots 1 and 2 of Millerton, according to map thereof No. 1608, filed on November 7, 1913, in said County Recorder's Office, conveyed to the State of California in a deed recorded on August 14, 1970, as File No. 144917 in said County Recorder's Office , All lying within the following described area: BEGINNING at the Northwesterly terminus of that course shown as "N.59°31'47"W. 107.30 feet" in Parcel-9 of Relinquishment No. 24006 to the City of National City, recorded on September 2, 1975 as File No. 75-235593 in said County Recorder's Office; Page 2 of 26 LEASE AREA No. 11-SDX805-12 Thence (1) along the Northeasterly line of said Parcel-9, from a tangent which bears S. 72°15'46"W., along a curve to the right, having a radius of 30.00 feet, through a central angle of 63°58'57", an arc distance of 33.50 feet; thence (2) leaving said curve and continuing along said Northeasterly line N.43°45' 17"W., 244 feet, to the beginning of a tangent curve to the right, having a radius of 599 feet; thence (3) continuing along said Northeasterly line, along said curve to the right, through a central angle of 10°57'28", an arc distance of 114.56 feet; thence (4) leaving said Northeasterly line along the Northerly extension of said curve through a central angle of 47°55'02", and an arc distance of 500.96 feet; thence (5) N. 67°17'50" E., 54.00 feet; thence (6) S.25°05'02" E., 463.03 feet thence (7) S.33°56'57"E., 384.76 feet; thence (8) S72°15'46"W., 121.48 feet to the POINT OF BEGINNING. Containing 3.110 acres, more or less. The bearings and distances used in the above description are on the California Coordinate System of 1927, Zone 6. Multiply all distances shown by 0.9999942 to obtain ground level distances. EXCEPTING THEREFROM all those portions of the above -described property occupied by the supports and foundations of the existing structure. ALSO EXCEPTING THEREFROM all that portion of said property above a horizontal plane five (5) feet below the underside of the superstructure of the existing structure, which plane extends to a line fifteen (15) feet, measured horizontally, beyond the outermost protrusion of the superstructure of said existing structure, as shown on the diagram marked exhibit "B," attached hereto and by this reference made a part hereof. This Lease is subject to (1) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances and other matters of record, (2) all matters discoverable by physical inspection of the Premises or that would be discovered by an accurate survey of the Premises and (3) all matters known to Tenant or of which Tenant has notice, constructive or otherwise including, without limitations, those shown on Exhibit "A" attached hereto and made a part thereof. ARTICLE 3. TERM The term of this Lease shall be for ten (10) yrs, commencing September 1, 2001 and expiring on August 30, 2011. Tenant may renew this Lease for two (2) additional ten-year (10-year) terms. Tenant shall provide Landlord with written notice of its intent to renew the Lease not later than thirty (30) days before the expiration of the term or the expiration of the first renewal period, as applicable. Page 3 of 26 LEASE AREA No. 11-SDX805-12 ARTICLE 4. RENT 4.1 Rent Tenant shall pay to Landlord, without deduction, setoff, prior notice, or demand, the sum of $1.00 a month in advance for ten (10) years, plus $500 stipulated annual processing fee in advance for ten (10) years, totaling $5,120.00, as payment in full for the initial ten-year term. In accordance with section 104.21 of the Streets and Highways Code, this total sum includes rent in the sum of $120.00 and administrative costs in the sum of $5000.00. If, pursuant to Article 3, Tenant requests renewal of the lease for an additional term, Tenant shall pay to Landlord as rent the sum of $5,120.00 before the commencement of the additional term. Landlord recognizes that Tenant may sublease all or part of the premises. All rent received by Tenant from any such subtenants shall be immediately and irrevocably assigned and paid to Landlord as rent in addition to any other amounts paid by Tenant under the terms of this Lease. All rents shall be made payable to the Department of Transportation and delivered to the DEPARTMENT OF TRANSPORTATION, Cashier, PO Box 168019, Sacramento, CA 95816-3819. 4.2 Reevaluation on Change in Use Landlord expressly reserves the right to establish a new minimum monthly rent in the manner provided in Section 4.4 as a condition to Landlord's approval of any use of the leased premises not specifically permitted by Section 5.1 and as a condition to any amendment to or changes in the uses permitted by that section. If such reevaluation is made, the provisions of Section 4.4 shall be followed except that in determining the fair market lease rate the appraisers shall also be instructed to consider the new uses to which the premises maybe put as a result of Landlord's approval of those additional uses. 4.3 Reevaluation on Transfer Landlord expressly reserves the right to establish a new minimum monthly rent in the manner provided in Section 4.4 as a condition to Landlord's approval of any transfer, or assignment of this Lease. 4.4 Establishment of New Minimum Monthly Rent If Landlord elects not to terminate the Lease upon a change in use or upon assignment, sublease, encumbrance or transfer, a fair market lease rate shall be determined in the manner set forth below and shall be established as the minimum monthly rent commencing on the effective date of the change in use or the effective date of the assignment, sublease, encumbrance or transfer. The term "fair market lease rate" means the highest lease rate estimated in terms of money which the leased premises, excluding improvements constructed by Tenant thereon, would bring if exposed for lease in the open market, with a reasonable time allowed to find a tenant, leasing with full knowledge of the purpose and uses to which the leased premises is being put and the restrictions on use contained in Section 5.1 of this lease. The parties intend to establish the fair market lease rate through negotiation. However, if Landlord and Tenant have not agreed upon the fair market lease rate for the leased premises at least one -hundred eighty (180) days before the date of the scheduled commencement of the new minimum monthly rent as set forth above, then each party shall appoint an appraiser, who is a member of the American Institute of Real Estate Appraisers (M.A.I.) and who has appraised property put to commercial or industrial uses in San Diego County, and notify the other party of such appointment. Each party shall use its best efforts to give the notice of appointment to the other party at least one hundred fifty (150) days before the said commencement date. a>: I.,. Landlord shall set the time and place for a conference between the parties hereto and said two appraisers, which conference shall be held within thirty (30) days of the receipt of notice of appointment by both parties. At such conference, the parties shall agree upon the general instructions to be given to said appraisers. The appraisers shall be instructed that in determining the fair market lease rate they shall Page 4 of 26 LEASE AREA No. 11-SDX805-12 consider the use to which the premises are being put and shall not consider the highest and best use for the premises without regard to the restrictions on use of the premises contained in the Lease. It is the intent of the Landlord and Tenant that the rent payable under this Lease not be less then the fair market rental value of the leased premises, and the purpose of Section 4.2 is to assure the establishment of this rent and to prevent a bonus value from accruing to either party. The appraisers shall be instructed as to this intent. The general instructions shall not place any additional limitations upon the appraisal techniques to be employed by the appraisers in the evaluation of the rent. Within forty-five (45) days after receiving said instructions, each of the appraisers shall deliver copies of a frilly -documented signed written report containing an opinion of the fair market lease rate for the leased premises to Landlord and Tenant. When in receipt of both appraisals, Landlord shall set a time and place for a conference. Those to be in attendance at the conference shall include: (a) representatives of Landlord, (b) representative of Tenant, and (c) the two appraisers. The parties shall endeavor to reach agreement on the adjusted rent. If the parties cannot agree on the amount of the adjusted rent, the Landlord's and Tenant's appraisers shall select a third appraiser. Said third appraiser shall be allowed access to the two reports, shall prepare a third appraisal, and shall submit one copy of same to Landlord and Tenant within thirty (30) days of his selection as appraiser. Landlord and Tenant shall each pay for their respective appraisals and, if a third appraisal is necessary, each shall pay one-half (1/2) of the fees and expenses for said third appraisal. The determination of the fair market lease rate for the leased premises by the third appraiser, as documented in his signed written report submitted to the parties, shall be binding on Landlord and Tenant. The signed report shall be received at least thirty (30) days before the date of the scheduled commencement of the new minimum monthly rent as set forth above or on such other date upon which the parties shall have agreed. It is the intent of Landlord and Tenant that the time limitations specified in Section 4.2 are guidelines only and not mandatory. The failure to meet any of the time limitations set forth in Section 4.2 shall not prevent a reevaluation from occurring so long as Landlord requests the reevaluation prior to the scheduled commencement date of the new minimum monthly rent. If the fair market lease rate for the leased premises shall not have been determined prior to the date of the scheduled commencement of the new minimum monthly rent as set forth above, Tenant shall continue to pay the same rent as was being paid in the preceding period until a final determination has been made. Within thirty (30) days after such final determination is made, Tenant shall pay to Landlord the amount of difference between the rent actually paid during the period between the scheduled date of commencement of the new minimum monthly rent and the date the final determination is made and the amount of rent which should have been paid had the determination of the new minimum monthly rent been timely. Such payment shall include interest thereon at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the date of the scheduled commencement of the new minimum monthly rent until payment is made. For the purposes of this section, the applicable Federal Reserve Board discount rate shall be that which exists on the date of the scheduled commencement of the new minimum monthly rent. ARTICLE 5. USE 5.1 Specified Use The premises shall be used and occupied byDTenant only and exclusively for Community Benefit and Social Services Purposes and for no other purpose whatsoever without obtaining the prior written consent of Landlord and the concurrence of the Federal Highway Administration. Landlord expressly reserves the right to establish a new minimum monthly rent in the manner provided in Section 4.2 and 4.3 as a condition to landlord's approval of any use of the premises not specifically permitted by this section. Page 5 of 26 LEASE AREA No. 11-SDX805-12 5.2 Condition of Premises Tenant hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject to all existing and future applicable zoning, municipal, county, state and federal laws, ordinances '— and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of Tenant's business, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Lease. (a) Except as may be otherwise expressly provided in this Lease, Tenant agrees to accept the Premises in its presently existing condition "as is", and that the Landlord shall not be obligated to make any improvements or modifications thereto except to the extent that may otherwise be expressly provided in this Lease. (b) Tenant represents and acknowledges that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Lease (including investigation of the surface, subsurface and groundwater for contamination and hazardous substances) and is satisfied that the Premises will safely support the type of improvements to be maintained by Tenant upon the Premises, that the Premises are otherwise fully fit physically and lawfully for the uses required and permitted by this Lease and that Tenant accepts all risks associated therewith. © Tenant acknowledges that (1) Landlord has informed Tenant prior to commencement of the term of this lease that Landlord does not know nor has reasonable cause to believe that any release of hazardous substance has come to be located on or beneath the premises; (2) Landlord has provided Tenant access to the pianism for purposes of providing to Tenant the opportunity to investigate, sample and analyze the soil and groundwater on the premises for the presence of hazardous substances; (3) by signing this Lease Tenant represents to Landlord that, except as otherwise may be stated on Exhibit "C" attached hereto and by this reference incorporated herein, Tenant does not know nor has reasonable cause to believe that any release of hazardous substance has come to be located on or beneath the Premises and (4) with respect to any hazardous substance which Tenant knows or has reasonable cause to believe will come to be located on or beneath the Premises, Tenant has listed the hazardous substance on attached Exhibit"C" and agrees to promptly commence and complete the removal of or other appropriate remedial action regarding the hazardous substance at no cost or expense to Landlord and in full compliance with all applicable laws, regulations, permits, approvals and authorizations. The phrase 'hazardous substance", as used herein, has the same meaning as that phrase has under Section 25359.7 of the California Health and Safety Code. (d)Tenant agrees that, except as otherwise expressly provided in this Lease, Tenant is solely responsible without any cost or expense to the Landlord to take all actions necessary, off as well as on the premises to improve and continuously use the Premises as required by this Lease and in compliance with all applicable laws and regulations. 5.3 Compliance with Law Tenant shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the premises. The judgment of any court of competent jurisdiction or the admission of Tenant in an).ction against Tenant, whether Landlord be a party thereto, or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall not allow the premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, Page 6 of 26 LEASE AREA No. 11-SDX805-12 on or about the premises. Tenant shall not commit or suffer to be committed any waste in or upon the premises. 5.4 Petroleum Products Tenant shall not install facilities for, nor operate on the land above or below a highway or freeway, a gasoline or petroleum supply station, nor shall the transportation or storage of gasoline or petroleum products be permitted under the structures, except those products stored within an operable vehicle for exclusive use by that vehicle. 5.5 Explosives and Flammable Materials The premises shall not be used for the manufacture of flammable materials or explosives, or for any storage of flammable materials, explosives or other materials or other purposes deemed by Landlord to be a potential fire or other hazard to the transportation facility. The operation and maintenance of the leased premises shall be subject to regulations of Landlord so as to protect against fire or other hazard impairing the use, safety and appearance of the transportation facility. The occupancy and use of the area shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the traveled way of the transportation facility. 5.6 Hazardous Materials Tenant shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), Resource Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act (42 U.S.C. section 7401, et seq.), Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, et seq.), Safe Drinking Water and Toxic Enforcement Act (California Health and Safety Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code (section 25100, et seq., and section 39000, et-seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws"). As used in the provisions of this Lease, "hazardous materials" include any "hazardous substance" as that term is defined in section 25316 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law or posing a hazard to health or the environment. Except as otherwise expressly permitted in this Lease, Tenant shall not use, create, store or allow any hazardous materials on the premises. Fuel stored in a motor vehicle for the exclusive use in such vehicle is excepted. In no case shall Tenant cause or allow the deposit or disposal of any hazardous materials on the Premises. Landlord, or its agents or contractors, shall at all times have the right to go upon and inspect the Premises and the operations thereon to assure compliance with the requirements herein stated. This inspection may include taking samples of substances and materials present for testing, and/or the testing of soils or underground tanks on the Premises. In the event Tenant breaches any of the provisions of this Section, this Lease may be terminated immediately by Landlord and be of no further force or effect. It is the intent of the parties hereto that Tenant shall be responsible for and bear the entire cost of remc ,val and disposal of hazardous materials introduced to the Premises during Tenant's period of use and possession as owner, operator or Tenant of the Premises. Tenant shall also be responsible for any clean up and decontamination on or off the Premises necessitated by the introduction of such hazardous materials on the Premises. Tenant shall not be responsible for or bear the cost of removal or disposal of hazardous materials introduced to the Premises by any party other than Tenant during Page 7 of 26 LEASE AREA No. 11-SDX805-12 any period prior to commencement of Tenant's period of use and possession of the Premises as owner, operator or Tenant. Tenant shall further hold Landlord, and its officers and employees, harmless from all responsibility, liability and claim for damages resulting from the presence or use of hazardous materials on the Premises during Tenant's period of use and possession of the Premises. Landlord shall be responsible for removal of hazardous materials introduced to the leased premises from a highway accident or other occurrence on the overhead freeway structure. 5.7 Signs Tenant shall not construct, erect, maintain or permit any sign, banner or flag upon the premises without the prior written approval of Landlord. Tenant shall not place, construct or maintain upon the premises any advertising media that include moving or rotating parts, searchlights, flashing lights, loudspeakers, phonographs or other similar visual or audio media. The term "sign" means any card, cloth, paper, metal, painted or wooden sign of any character placed for any purpose on or to the ground or any tree, wall, bush, rock, fence, building, structure, trailer or thing. Landlord may remove any unapproved sign, banner or flag existing on the premises, and Tenant shall be liable to and shall reimburse Landlord for the cost of such removal plus interest from the date of completion of such removal. 5.8 Landlord's Rules and Regulations Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate for the protection of the transportation facility and the safety of the traveling public. Landlord reserves the right from time to time to make reasonable modifications to said rules and regulations. The additions and modifications to those rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant. 5.9 Wrecked Vehicles Tenant shall not park or store wrecked or inoperable vehicles of any kind on the leased premises. 5.10 Vending Tenant shall not conduct or permit the vending or sale of any goods or services upon the premises except as specifically permitted under Section 5.1. 5.11 Water Pollution Control Tenant shall fully conform to the requirements of the Department of Transportation statewide NPDES Storm Water Permit, Order No. 99-06-DWQ, NPDES No. CAS000003 adopted by the State Water Resources Control board on July 15, 1999. This permit regulates storm water and non -storm water discharges associated with activities within Department of Transportation right of way. Tenant shall develop, implement, and maintain a Facilities Pollution Prevention Plan (FPPP), describing the pollution prevention practices associated with activities on facilities located within the Department of Transportation right of way. Tenant shall comply with the statewide NPDES Storm Water Permit by incorporating storm water management into its operational activities. The FPPP will accomplish compliance by implementing Best Management Practices (BMPs) described in the Department of Transportation Statewide Storm Water Management Plan (SWMP). Copies of the Permit and the Depaitiuent of transportation SWMP may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 royal Oaks drive, Sacramento, California, 98518, Telephone (916) 445-3520. Tenant shall not allow the unauthorized dischpge of storm water runoff into private or public storm water drainage systems. Tenant must comply with °State and federal storm water pollution control standards, including those of the State Water Resources Control Board, and the lawful requirements of municipalities, counties, drainage districts, and other local agencies regarding discharges of storm water to separate storm sewer systems or other watercourses under jurisdiction of the above agencies. Page 8 of 26 LEASE AREA No. 11-SDX805-12 To minimize the discharge of pollutants, spilled or leaked fluids, and any other wastewater into the storm water drainage system, Tenant shall not allow the washing, fueling and repair of vehicles and equipment on the site. To minimize the discharge of pollutants from storm water resulting from contact with hazardous materials, Tenant shall not allow the storage or stockpile of hazardous materials on the site. Landlord, or its agents or contractors shall at all times have the right to go upon and inspect the site and the operations therein to assure compliance with the requirements herein stated. Inspection may include taking samples of substances and materials present for testing, and/or the testing of storm water systems or watercourses on the site ARTICLE 6. IMPROVEMENTS 6.1 Construction of Improvements and Alterations Tenant shall not place any improvements in, on, or upon the premises, nor shall Tenant make any alterations to said premises without the prior written consent and approval of Landlord and the Federal Highway Administration. 6.2 Standard of Construction Tenant agrees that any improvements or construction upon the premises shall: (a) be consistent with all fire safety requirements, (b) be subject to the approval of Landlord, the State Fire Marshall and the concurrence of the Federal Highway Administration, and (c) in every respect comply with the laws, ordinances and regulations, federal, state, municipal or otherwise, that may govern construction of the lease. Tenant shall not construct or place on the leased premises any improvements which impair Landlord's ability to maintain, operate, use, repair or improve any part of the transportation facility situated on the leased premises or on adjoining real property. Tenant shall save Landlord harmless of and from any loss or damage caused by reason of the construction or use of said improvements. 6.3 Encroachment Permit Tenant, prior to construction or alteration of any improvements on or of the leased premises, shall obtain an executed Encroachment Permit from Landlord. Issuance by Landlord of an Encroachment Permit shall be contingent upon Tenant's providing the following: (a) Final construction plans and detailed specifications. All such plans and specifications submitted by Tenant to landlord shall be subject to the review and approval of Landlord, the State Fire Marshall and the Federal Highway Administration. (b) Evidence of coverage that assures Landlord that sufficient monies will be available to complete the proposed construction or alteration. The amount of coverage shall be at least equal to the total estimated construction costs. Such coverage shall take one of the following forms: (1) Completion bond issued to Landlord as obligee. (2) Performance bond and labor and material bond or Performance bond containing the provisions of the labor and Material bond supplied by Tenant's contractor or contractors, provided saicionds are issued jointly to Tenant and Landlord as obligees. (3) Any combination of the above. Page 9 of 26 LEASE AREA No. 11-SDX805-12 All bonds shall be issued by a company qualified to do business in the State of California and acceptable to Landlord. All bonds be in a form acceptable to Landlord and shall ensure faithful and full observance and performance by Tenant of all terms, conditions, covenants and agreements relating to the construction of improvements within the leased premises. (c) Liability insurance as provided in Section 9.2. (d) Fire insurance as provided in Section 9.3. (e) A copy of a building permit issued by the appropriate local jurisdiction. (f) A copy of Tenant's contract with the general contractor actually performing construction. (g) Final landscaping and irrigation plans and detailed specifications including a maintenance plan for litter removal, watering, fertilization and replacement of landscaping. (h) Evidence of compliance with the applicable provisions of all federal, state and local environmental statutes, laws, regulations and ordinances. (i) Tenant agrees to diligently apply for and meet all requirements for issuance of Encroachment Permit and Landlord agrees to not unreasonably withhold issuance of said Encroachment Permit. Tenant is obligated to deliver to Landlord the documents described in subdivisions (a) through (h) of this section regardless of whether an Encroachment Permit may have been issued inadvertently before these documents have been provided to Landlord. 6.4 Standard of Construction Tenant agrees that any improvements or construction upon the premises shall: (a) be consistent with all fire safety requirements. (b) be subject to the approval of Landlord and the concurrence of the Federal Highway Administration, and (c) in every respect comply with the laws, ordinances and regulations, federal, state, municipal or otherwise, that may govern construction of the same. Tenant shall not construct or place on the leased premises any improvements which impair Landlord's ability to maintain, operate, use, repair or improve any part of the transportation facility situated on the leased premises or on adjoining real property. Tenant shall save Landlord harmless of and from any loss or damage caused by reason of the construction of said improvements. 6.5 "As -Built" Plans Within ninety (90) days after completion of construction of improvements or alterations, Tenant shall furnish Landlord, at Tenant's expense, one set of "As -Built" plans, according to a scale and size designated by Landlord, showing said improvements as constructed in detail, including the location of underground and aboveground utility lines. ARTICLE 7. OWNERSHIP OF IMPROVEMENTS AND PERSONAL PROPERTY 7.1 Ownership of Improvements During Term All improvements constructed on the premises by Tenant as permitted or required by this Lease shall, during the term of this Lease, be and remain the property of Tenant; provided, however, that Tenant's rights and powers with respect to the improvements are subject to the terms and limitations of this lease and Tenant's interest in such improvements shall terminate upon the expiration or earlier termination of this Lease. Tenant shall not remove any improvements from the premises nor waste, destroy or modify any improvements on the premises, except as secifically permitted by this Lease. At the expiration or termination of this lease, all improvements constructed on the premises by Tenant shall vest in Landlord. Tenant shall deliver said improvements to Landlord in good condition and repair, reasonable wear and tear excepted, without compensation to Tenant, any subtenant or third party, free and clear of all claims to or Page 10 of 26 LEASE AREA No. 11-SDX805-12 against them by Tenant, subtenant or third party, and Tenant shall defend and hold Landlord harmless from all liability arising from such claims or from the exercise by Landlord of its rights under this section. In the event said improvements are not delivered to Landlord in good condition and repair, reasonable wear and tear excepted, Landlord shall make the necessary maintenance and repairs and Tenant shall be liable to and shall reimburse Landlord for any such expenditures made, plus interest as provided in Section 20.11 from the date of completion of work. Landlord and Tenant covenant for themselves and all persons claiming under or through them that the improvements are real property. 7.2 Removal of Personal Property and Ownership at Termination At the expiration or earlier termination of this lease, Landlord may, at Landlord's sole election, require the removal from the premises, at Tenant's sole cost and expense, of all personal property (other than fixtures), or of certain personal property (other than fixtures), as specified in the notice provided for below. A demand to take effect at the normal expiration of the term shall be effected by notice given at least thirty (30) days before the expiration date. A demand to take effect on any other termination of the term of this Lease shall be effectuated by notice given concurrently with notice of such termination or within ten (10) days after such termination. Tenant shall be liable to Landlord for costs incurred by Landlord in effecting the removal of personal property which Tenant has failed to remove after demand pursuant to Section 7.2. Tenant may remove any personal property from time to time within forty-five (45) days of the expiration of the term. Tenant shall repair all damage (structural or otherwise) caused by any such removal. Any personal property not removed by Tenant within forty-five (45) days following expiration of the term shall be deemed to be abandoned by Tenant and shall, without compensation to Tenant, become the Landlord's property, free and clear of all claims to or against them by Tenant or any other person. 7.3 Removal of Improvements at Termination Upon the expiration or earlier termination of this lease, Landlord may, upon written notice, require tenant to remove, at the sole cost and expense of Tenant, and not later than ninety (90) days after the expiration or earlier termination of this lease, all structures, buildings and improvements of any bind whatsoever placed or maintained on the premises, whether below, on or above the ground by Tenant or others, including, but not limited to, foundations, structures, buildings, utility lines, switchboards, transformer vaults and all other service facilities constructed or installed upon the premises; and Tenant shall, upon the expiration or earlier termination of this Lease, immediately restore, and quit and peacefully surrender possession of the premises to Landlord in at least as good and usable condition, acceptable to Landlord, as the same was in at the time of first occupation thereof by Tenant or others, ordinary wear and tear excepted, and shall, in any event, leave the surface of the ground in a level, graded condition, with no excavations, holes, hollows, hills, or humps. Should Tenant fail to so remove said structures, buildings and improvements and restore the premises, Landlord may sell, remove or demolish the same, and in the event of said sale, removal or demolition, Tenant shall reimburse Landlord for any cost or expense thereof in excess of any consideration received by Landlord as a result of such sale, removal or demolition. ARTICLE 8. MAINTENANCE AND REPAIRS 8.1 Tenant's Obligations Tenant, at its own cost and expense, shall maintain the leased premises, improvements and landscaping thereon, including fences, and guardrails heretofore, or hereafter erected, in first class order, repair and condition and in compliance with all requirements of law. Tenant shall also, at its own cost and expense, install or provide for the installation of all retired lighting on the leased premises and shall maintain the lighting in first class order, repair and condition. Landlord and Tenant recognize that because of the length of the term of this Lease it may be necessary for Tenant to perform certain substantial maintenance, repair, Page 11 of 26 LEASE AREA No. 11-SDX805-12 rehabilitation or reconstruction (hereinafter collectively referred to as "repair" or "repairs") of the improvements in order to ensure that the premises are kept in first-class order, repair and condition. "First-class order, repair and condition", as used herein, shall mean the maintenance, repair, renovation or replacement of buildings, equipment, furniture, fixtures, landscaping and appurtenances necessary to keep the premises in efficient and attractive condition, given the nature and age of the improvements at any time during the term of this Lease. Landlord and Tenant do not intend by the immediately preceding sentence that a property item is not first-class merely because of ordinary and reasonable wear and tear that does not materially and substantially reduce the attractiveness and utility of the item given the nature and age of the improvements at any time during the term of this Lease. Tenant hereby expressly waives the right to make repairs at the expense of Landlord and the benefit of the provisions of Sections 1941 and 1942 of the California Civil Code or any successor thereto. Tenant shall take all steps necessary to protect effectively the fences, guardrails, and the piers and columns, if any, of the structure from damage incident to Tenant's use of said premises and improvements, all without expense to Landlord. Tenant shall, at its own cost and expense, repair in accordance with Landlord's standards any damage to any property owned by Landlord, including, but not limited to, all fences, guardrails, piers and columns, caused by Tenant, subtenants, invitees or other third parties. At Tenant's request, Landlord will repair the damage to its property and Tenant agrees to reimburse Landlord promptly after demand for the amount Landlord has reasonably expended to complete the repair work. Tenant shall designate in writing to Landlord a representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness and general order. 8.2 Landlord's Rights In the event Tenant fails to perform Tenant's obligations under this Article, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the premises. If within thirty (30) days after Landlord sends written notice to repair, Tenant fails to do the work and diligently proceed in good faith to prosecute it to completion, Landlord shall have the right, but not the obligation, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand plus interest from the date of completion of such work to date of payment. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the premises by Tenant as a result of performing any such work. ARTICLE 9. INSURANCE 9.1 Exemption of Landlord from Liability This Lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever belonging, including Tenant, from any cause or causes resulting from the operation or use of the premises by Tenant, its agents, customers or business invitees. Tenant hereby covenants and agrees to indemnify and save harmless Landlord from all liability, loss, cost and obligation on account of any such injuries or losses. 9.2 Liability Insurance Tenant shall at its own cost and expense procure and keep in force during the term of this Lease bodily injury liability and property damage liability insurance adequate to protect Landlord, its officers, agents and employees, against any liability to the public resulting from injury or death of any person or damage to property in connection with the area, operation or condition of the premises, including any and all liability of Landlord for damage to vehicles parked on the leased premises. Such insurance shall be in an amount of not less than $5,000,000 (Five Million Dollars) combined single limit for bodily injury and property damage. The limits of such insurance shall not limit the liability of Tenant. Tenant may self -insure. If Page 12 of 26 LEASE AREA No. 11-SDX805-12 Tenant elects to not self -insure, all insurance required hereunder shall be with companies to be approved by Landlord. All such insurance policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord may carry. Said policies shall name the State as an additional insured and shall insure against the contingent liabilities, if any, of Landlord and the officers, agents, and employees of Landlord and shall obligate the insurance carriers to notify Landlord, in writing, not less than thirty (30) days prior to the cancellation thereof, or any other change affecting the coverage of the policies. If said policies contain any exclusion concerning property in the care, custody or control of the insured, an endorsement shall be attached thereto stating that such exclusion shall not apply with regard to any liability of the State of California, its officers, agents, or employees. Tenant shall furnish to Landlord a Certificate of Insurance acceptable to Landlord within not more than ten (10) days after execution thereof. Landlord shall retain theright at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Landlord, the insurance provisions in this Lease do not provide adequate protection for Landlord and for members of the public using the leased premises, Landlord may require Tenant to obtain insurance sufficient in coverage, form and amount to provide adequate protection. Landlord's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required. Landlord shall notify Tenant in writing of changes in the insurance requirements; and if Tenant does not deposit copies of acceptable insurance policies with Landlord incorporating such changes within sixty (60) days of receipt of such notice, this Lease may be terminated, at Landlord's option, without further notice to Tenant, and be of no further force and effect. 9.3 Fire and Extended Coverage Insurance Tenant shall obtain and keep in effect at all.limes during the term of this Lease fire and extended coverage insurance upon all buildings, structures and improvements constructed on the premises. Such policy or policies of insurance shall be for not less that one hundred percent (100%) of the full replacement value of the property covered and shall provide for payment of losses to Tenant. Landlord shall be named as an additional insured on all fire and extended coverage insurance policies placed on the buildings, structures and improvements on said premises. The full replacement value of the buildings, structures and improvements to be insured under this section shall be determined by the company issuing the insurance policy at the time the policy is initially obtained. Not more frequently than once each year, either party shall have the right to notify the other party that it elects to have the replacement value re -determined by an insurance company. The predetermination shall be made promptly and in accordance with the rules and practices of the Board of Fire Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the predetermination. 9.4 Failure to Procure and Maintain Insurance If Tenant fails to procure or maintain the insurance required by this Article in full force and effect, Landlord may take out insurance and pay the premiums thereon. The repayment of those premiums, plus payment of interest from the date such insurance is obtained, shall be the sole obligation of Tenant and shall be deemed to be additional rental and payable as such on the next day upon which rent becomes due hereunder. In addition, if Tenant fails to procure or maintain the insurance required by this Article, Tenant shall cease and desist from operating any business on the premises and the improvements erected thereon and shall prevent members of the public fronaining access to the premises during any period in which such insurance policies are not in full force and effect. 9.5 Waiver of Subrogation Landlord and Tenant each hereby waive any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or Page 13 of 26 LEASE AREA No. 11-SDX805-12 its property or the property of others under its control to the extent that such loss or damage is insured against under any insurance policy in force at the time of such loss or damages. The party obtaining the policies of insurance required hereunder shall give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in the Lease. ARTICLE 10. DAMAGE OR DESTRUCTION 10.1 Duty to Repair or Restore If during the term of this Lease any building or improvement on, in or appurtenant to the land at the commencement of the term or thereafter erected thereon shall be destroyed or damaged in whole or in part by fire or other cause, or shall be declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Tenant shall within ten (10) days of the occurrence of such event, give to Landlord immediate notice thereof, and Tenant shall within sixty (60) days commence, and diligently pursue to completion, the repair, replacement or reconstruction of the same, at least to the extent of the value and as nearly as possible to the character of the buildings and improvements existing immediately prior to the occurrence of such event; and Landlord shall in no event be called upon to repair, replace or rebuild any such buildings or improvements. All buildings and improvements shall be repaired, replaced or reconstructed in accordance with the standards and requirements contained in Article 6. Tenant shall continue to pay rent hereunder (except if rent has been prepaid) during the period said improvements shall be damaged or destroyed. 10.2 Relief for Substantial Loss of Area and Damage or Destruction During Final Years of Term Tenant is relieved of the obligation to, but may, repair, restore, or reconstruct improvements damaged or destroyed during the final five (5) years of the term if (a) more than thirty-five percent (35%) of the improvements constructed on the premises are damaged or destroyed ; (b) the damage or destruction is uninsured and is not required to be insured under any provision of this Lease; and (c) Tenant complies with all the following conditions: (1) Gives Landlord notice of damage or destruction promptly but not later than ten (10) days after the event, detailing facts that qualify the casualty under this provision. (2) Is not in default under any provision or condition of this lease. (3) Continues to make all payments when due as required by the provisions of this Lease, provided that Landlord may, by notice given at any time after Tenant's notice of the damage or destruction, elect to terminate the Lease at a date stated in Landlord's notice and to forgive all rent for the period following that date. (4) Pay in full, or has paid in full, any outstanding indebtedness incurred by Tenant and secured by an encumbrance or encumbrances on the leasehold. (5) Delivers possession of the premises to Landlord and quitclaims all right, title and interest in the land and improvements promptly upon ceasing to do business on the premises. (6) Causes to be discharged all liens and encumbrances resulting from any act or omission of Tenant. (7) Removes or deposits the cost of removing all fixtures and improvements if Landlord so elects under the provisions of Article 7. Tenant shall also be relieved of the obligations to repair, restore or reconstruct improvements because of an insured loss if Tenant complies with all the above provisions and also assigns all net proceeds from the insurance settlement to Landlord. "Net proceeds" shall mean the full amount of the insurance settlement. Landlord and Tenant hereby waive the provi bns of Section 1932 (2) and 1933 (4) of the California Civil Code and waive the provisions of any other statutes which relate to the termination of a lease when the leased property is destroyed. Landlord and Tenant agree that such an event shall be governed by the terms of this Lease. Page 14 of 26 LEASE AREA No. 11-SDX805-12 ARTICLE 11. PAYMENT OF TAXES Tenant agrees to pay and discharge, or cause to be paid and discharged when due, before the same become delinquent, all taxes, assessments, impositions, levies and charges of every kind, nature and description, whether general or special, ordinary or extraordinary, which may at any time or from time to time during the term of this Lease, by or according to any law or governmental, legal, political, or other authority whatsoever, directly or indirectly, be taxed, levied, charged, assessed or imposed upon or against, or which shall be or may be or become a lien upon said premises or any buildings, improvements or structures at any time located thereon, or any estate, right, title or interest of Tenant in and to said premises, buildings, improvements or structures. Tenant shall pay when due, before delinquency, personal property taxes on fixtures, equipment and facilities owned by Tenant, whether or not the same have become so fixed to the land as to comprise a part of the real estate. Tenant understands that any possessory interest of Tenant created in the leased premises by this Lease may be subject to property taxation and that Tenant may be liable for payment of any such tax levied on such interest. Any obligation of Tenant under this Article, including possessory interest tax that the city or county may impose upon Tenant's interest herein, shall not reduce any rent due Landlord hereunder and any such obligation shall become the liability of and be paid by Tenant. In the event Tenant shall fail to discharge any of the above obligations, Landlord may, at its option, discharge the same and the amount so paid by Landlord, plus interest from the date of payment by Landlord, shall be added to the rentals next accruing under this Lease. Tenant may, at its own expense, and before delinquency occurs, contest, object to or oppose the legality, validity or amount of such taxes. Landlord shall not be required to join in any proceeding or contest brought by Tenant. Immediately upon the final determination of the proceeding or contest, Tenant shall pay or discharge any decision or judgment rendered, together with all costs, charges, interest and penalties incident to the decision or judgment. If Tenant contests or seeks a reduction in the taxes as provided in this Article, Tenant shall, before the commencement of the proceedings or contest, furnish to Landlord security or other evidence satisfactory to Landlord that Landlord and the Premises will be held harmless from any damage arising out of the proceedings or contest and assuring the payment of any judgment that may be rendered. Any default in the payment of any of the obligations set forth in this Article shall, at the option of Landlord, be considered a default under the terms of this Lease. ARTICLE 12. RIGHT OF ENTRY 12.1 Inspection, Maintenance, Construction and Operation of Freeway Structures Landlord, through its agents or representatives, and other city, county, state and federal agencies, through their agents or representatives, shall have full right and authority to enter in and upon the premises and any building or improvements situated thereon at any and all reasonable times during the term of this Lease for the purpose of inspecting the same without interference or hindrance by Tenant, its agents or representatives. Landlord further reserves the right of entry for the purpose of inspecting the premises, or the doing of any and all acts necessary or proper on said premises in connection with the protection, maintenance, reconstruction, and operation of the freeway structures and its appurtenances; provided, further, that Landlord reserves the farther right, at its discretion, to immediate possession of the same in case of any national or other emergency, or for the purpose of preventing sabotage, and for the protection of said freeway structures, in which event the term of this Lease shall be extended for a period equal to the emergency occupancy by Landlord, and during said period Tenant shall be relieved, to the degree of interference, from the performance of condftions or covenants specified herein. Landlord further reserves the right of entry by any authorized officer, engineer, employee, contractor or agent of the Landlord for the purpose of performing any maintenance activities upon the property which Tenant has failed to perform. All agreements which Tenant enters into for the sublease or use of all or any part of Page 15 of 26 LEASE AREA No. 11-SDX805-12 the leased premises shall contain a provision, approved by Landlord, which describes Landlord's right of entry as set forth in this Article. 12.2 Future Transportation Project (a) Landlord's Right to Possession of Premises. Tenant understands and acknowledges that Landlord may, during the Term of this Lease, construct an "Approved and Funded Transportation Project", which may require the temporary or permanent use of all or a portion of the premises. An "Approved and Funded Transportation Project" is defined as a proposed transportation facility to be constructed by Landlord where the funds necessary to construct the facility are available to Landlord (regardless of the source of the funds) and where the transportation facility can reasonably be expected to be constructed within a reasonable period of time following termination of this Lease as provided in this Section 12.2. In the event Landlord determines that the premises or any portion thereof will be affected by an "Approved and Funded Transportation Project", Landlord shall immediately notify Tenant of its intent to take possession of all or a portion of the premises and shall provide Tenant with at least one hundred eighty (180) days written notice within which to vacate the required area. Landlord's notice to Tenant shall indicate the area of the premises to be taken. If possession is to be a temporary use of all or part of the premises, Landlord shall additionally state in such notice to Tenant Landlord's reasonable estimate of the period of time of such temporary use by Landlord. Upon the date Landlord is entitled to possession of the premises, or portion thereof, Tenant shall peaceably surrender possession of the premises, or portion thereof, and comply with the restrictions as stated in the notice. The failure of Tenant to vacate the required area of the premises shall constitute a material default and breach of this Lease entitling Landlord to exercise its rights and remedies. (b) Tenant's Sole Rights; Tenant's Waiver Landlord's taking of possession of the premises under Section 12.2 does not constitute a taking or damaging entitling Tenant to compensation under Article 13. Tenant expressly agrees to hold Landlord harmless from any and all liability for, and expressly waives any right it may have to recover against Landlord, damages to the Premises, any improvements constructed on the premises or improvements thereon, and damages to any other property, project or operations including any claim for loss of business goodwill or resulting from Tenant's inability to use or possess all or any portion of the premises as a result of an "Approved and. Funded Transportation Project". In addition, Tenant expressly recognizes that it is not entitled to receive benefits under the federal or state Uniform Relocation Assistance Act (United States Code, Section 7260, et seq.) as a result of Landlord's use or possession of any portion of the premises for an "Approved and Funded Transportation Project". Landlord agrees to instruct its authorized representatives to minimize the effect of any required construction on Tenant's use of the premises, both in the construction phase and in the permanent effect on the premises in connection with an "Approved and Funded Transportation Project." In furtherance of the objectives of Section 12.2, Tenant acknowledges Landlord's power of eminent domain and Tenant hereby waives all objections that Tenant may have to Landlord's right to take all or part of the premises as provided in Section 12.2. 12.3 Retrofitting of Freeway Structures Tenant understands and agrees that Landlord may be required to perform retrofit work on all or a part of the freeway structures which are situated on and above the premises. Landlord shall have the right to impose such restrictions on Tenant's right enter, occupy, and use the premises and to construct improvements thereon as Landlord deems are necessary to enable it to complete construction of all freeway structural retrofit work without interference from Tenant. In the event Landlord determines that it needs to obtain possession of all or a portion of the premises, or needs to place restrictions on Tenant's use of the premises, Landlord shall, at least thirty (30) days prior to Page 16 of 26 LEASE AREA No. 11-SDX805-12 the effective date of the commencement of such possession or restrictions notify Tenant in writing describing the extent of the possession or restrictions and the effective date of their commencement. Upon the effective date of said notice, Tenant shall peaceably surrender possession of the premises and comply with the restrictions as stated therein. Tenant expressly agrees to hold Landlord harmless from any and all liability for, and expressly waives any right it may have to recover against Landlord, damages to the premises, any improvements constructed on the premises, and waives its right to use or possess any portion of the premises or improvements thereon, and damages to any other property, project or operation caused by Landlord's possession, imposition of restrictions or Tenant's inability to use or possess all or any portion of the premises. In addition, Tenant expressly recognizes that it is not entitled to receive benefits under the federal or state Uniform Relocation Assistance Acts (United States Code, title 42, Section 4601, et seq.; California Government Code, Section 7260, et seq.) as a result of Landlord's use or possession of any portion of the premises. Tenant shall conduct its operation on the premises in such manner so as not to interfere with Landlord's or its contractor's performance of any required construction in connection with an "Approved and Funded Transportation Project", on or above the premises. Tenant acknowledges the performance of any required construction may cause damage to paving and other improvements constructed by Tenant on the premises. Tenant expressly agrees to hold Landlord harmless from all such damage to its improvements, except that at the conclusion of construction, Landlord shall restore the premises to their pre-existing condition at no cost to Tenant. Tenant shall conduct its operations on the premises in such a manner so as not to interfere with Landlord's or its contractor's performance of any structural retrofit work done on or above the premises. Tenant acknowledges that the performance of the structural retrofit work may cause damage to paving or other improvements constructed by Tenant on the premises. Tenant expressly agrees to hold Landlord harmless from all such damage to its improvements, except that at the conclusion of the retrofit work, Landlord shall restore the premises to their preexisting condition at no cost to Tenant. ARTICLE 13. CONDEMNATION BY PUBLIC ENTITIES OTHER THAN LANDLORD 13.1 Definitions (a) "Condemnation" means (1) the exercise of the power of eminent domain, whether by legal proceedings or otherwise, by a public entity having that power, that is, a condemnor, and (2) a voluntary sale or transfer to any condemnor, either under the threat of condemnation or while legal proceedings in condemnation are pending. (b) "Award" means all compensation, sums, or anything of value awarded, paid or received upon a total or partial condemnation of the leased premises. (c) "Substantial taking" means a taking of a portion of the leased premises by condemnation which, assuming a reasonable amount of reconstruction on the remainder, substantially impairs Tenant's ability to use the remainder for the purposes permitted under this Lease. 13.2 Termination of Lease as to Part Condemned In the event the whole or any part of the premises is taken by condemnation by a public entity, other than Landlord, in the lawful exercise of its power of eminent domain, this Lease shall cease as to the whole or the part condemned upon the date possession of the whole or that part is taken by the public entity. 13.3 Partial Taking If a part of the leased premises is taken by colemnation but there is no substantial taking of the premises, Tenant shall continue to be bound by the terms, covenants, and conditions of this Lease. However, if the fair rental value of the remainder will be less than the rent required by this Lease, the minimum monthly rent and adjusted minimum monthly rent shall be reduced to an amount equal to the fair rental value as of the date possession of the part is taken by the public entity. Page 17 of 26 LEASE AREA No. 11-SDX805-12 If the part taken by condemnation constitutes a substantial taking of the leased premises, Tenant may elect to: (a) Terminate this Lease and be absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or (b) Continue to occupy the remainder of the premises and remain bound by the terms, covenants and conditions of this Lease. If Tenant elects to continue to occupy the remainder, and if the fair rental value of the remainder will be less than the rent required by this Lease, the minimum monthly rent and adjusted minimum monthly rent shall be reduced to the fair rental value as of the date possession of the part is taken by the public entity. Tenant shall give notice in writing of its election to terminate this Lease hereunder within thirty (30) days of the date possession of the part is taken by the public entity. If Tenant fails to give Landlord its written notice of termination within the time specified, this Lease shall remain in full force and effect except that the minimum monthly rental shall be reduced as provided in this section. If it continues to occupy the remainder, Tenant, whether or not the award upon the taking by condemnation is sufficient for the purpose, shall, at its expense, within a reasonable period of time, commence and complete restoration of the remainder of the leased premises as nearly as possible to its value, condition and character immediately prior to such taking; provided, however, that in the case of a taking for temporary use, Tenant shall not be required to effect restoration until such taking is terminated. Tenant shall submit to Landlord its plans for the restoration of the remainder within ninety (90) days of the date possession of the part is taken by the public entity. 13.4 Compensation Landlord shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the premises by exercise of eminent domain except as hereinafter provided. Tenant shall be entitled to that portion of said compensation which represents the present worth as of the date possession is taken by the public entity of the remaining use under the Lease of all improvements constructed by Tenant on the leased premises located within the part taken by the public entity. Tenant may also assert a claim for loss of business goodwill under the provisions of Section 1263.510 of the California Code of Civil Procedure. Tenant shall assert no claim for loss of bonus value. For the purposes of this Article, "bonus value" means that value attributable to the fact that the rental rate Tenant is obligated to pay under this Lease is less than the fair market lease rate of the premises as defined in Section 4.3 above. If all or a portion of the leased premises is condemned at a time when Tenant possesses an interest in real property located outside the leased premises (hereinafter called "outside property"), Tenant may claim entitlement to an award of damages accruing to the outside property by reason of the severance therefrom of the condemned portion of the leased premises as provided in the Eminent Domain Law (California Code of Civil Procedure Sections 1230.010 through 1273.050). ARTICLE 14. UTILITIES Tenant shall pay when due, and shall hold Landlord harmless from any liability for, all charges for water, gas, heat, light, power, telephone, sewage, air conditioning and ventilating, scavenger, janitorial and landscaping services and all other materials aug utilities supplied to the premises. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service furnished to the premises, and no such failure or interruption shall entitle Tenant to terminate this Lease. Page 18 of 26 LEASE AREA No. 11-SDX805-12 ARTICLE 15. LIENS 15.1 Exemption of Landlord from Liability Tenant shall at all times indemnify and save Landlord harmless from all claims for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment or facilities within the premises, and from the cost of defending against such claims, including attorney fees. 15.2 Tenant's Obligations In the event a lien is imposed upon the premises as a result of such construction, repair, alteration or installation, Tenant shall either: (a) Record a valid Release of Lien, or (b) Deposit sufficient cash with Landlord to cover the amount of the claim on the lien in question and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to a lien holder claim, or (c) Procure and record a bond in accordance with Section 3143 of the California Civil Code, which frees the premises from the claim of the lien and from any action brought to foreclose the lien. Should Tenant fail to accomplish one of the three optional actions within 15 days after the filing of such a lien, the Lease shall be in default and shall be subject to immediate termination. ARTICLE 16. DEFAULT 16.1 Default The occurrence of any of the following shall constitute a material breach and default of this Lease by Tenant. (a) Any failure by Tenant to pay rent or any other monetary sums required to be paid hereunder, where such failure continues for ten (10) days after written notice thereof has been given by Landlord to Tenant. The abandonment or vacation of the premises by Tenant. Failure to occupy and operate the premises for thirty (30) consecutive days following the mailing of written notice from Landlord to Tenant calling attention to the abandonment shall be deemed an abandonment or vacation. (c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that it cannot be reasonably cured within such thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. (d) The making by Tenant of any general assignment or general arrangement for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets, where possession is not restored to Tenant within forty-five (45) days; or the atchment, execution or other judicial seizure of substantially all of Tenant's assets, where such seizure is not discharged within thirty (30) days. 16.2 Landlord's Remedies (b) Page 19 of 26 LEASE AREA No. 11-SDX805-12 In the event of any material default or breach by Tenant, Landlord may at any time thereafter, without limiting Landlord in the exercise of any right of remedy at law or in equity which Landlord may have by reason of such default or breach: (a) Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the premises. Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations). In the event Landlord elects not to terminate the Lease, Landlord shall have the right to attempt to re -let the premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the premises as Landlord deems reasonable and necessary without being deemed to have elected to terminate the Lease, including removal of all persons and property from the premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event any such re -letting occurs, this Lease shall terminate automatically upon the new tenant taking possession of the premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially under this subparagraph, Landlord at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. (b) Terminate Tenant's right to possession by any lawful means, in which case this Lease shall immediately terminate and Tenant shall immediately surrender possession of the premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the following: (i) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. Upon any such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the premises, which Landlord in its sole discretion deems reasonable and necessary. As used in subparagraphs (i) and (ii), above, the "worth at the time of award" is computed by including interest on the principal sum at a ratwne percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the date of default. As used in subparagraph (iii), above, the "worth at the time of award" is computed by discounting such amount at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco at the time of award. The term Page 20 of 26 LEASE AREA No. 11-SDX805-12 "rent" as used in this Article shall be deemed to be and to mean rent to be paid pursuant to Article 4 and all other monetary sums required to be paid by Tenant pursuant to the terms of this Lease. 16.3 Landlord's Right to Cure Tenant's Default At any time after Tenant is in default or material breach of this Lease, Landlord may cure such default or breach at Tenant's cost. If Landlord at any time, by reason of such default or breach, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date shall bear interest from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent. ARTICLE 17. ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES 17.1 Voluntary Assignments, Subleases and Encumbrances Tenant shall not voluntarily assign, transfer or encumber its interest in this Lease or in the premises, or sublet all or any part of the premises, or allow any other person or entity (except Tenant's authorized representatives) to occupy or use all or any part of the premises without first obtaining Landlord's written consent and the concurrence of the Federal Highway Administration, unless otherwise expressly permitted by the provisions of this Article. Landlord may withhold its consent to any such assignment, transfer, encumbrance or sublease unless all of the following express conditions are satisfied: (a) Landlord and Tenant recognize that any sublessee is to be a non-profit entity and that any sublease is to be for community benefit and social service purposes. Plans for any and all improvements to the lease property by sublessee(s) will be reviewed by Landlord and the Federal Highway Administration for approval. (c) Landlord receives and has the right to receive any and all consideration, whether in present payments or in future payments, which Tenant receives from an assignee, transferee or subtenant in excess of the amount of rent Tenant is obligated to pay to Landlord under this Lease. Tenant's failure to obtain Landlord's required written approval of any other assignment, transfer, or sublease shall render such assignment, transfer, or sublease void. Occupancy of the leased premises by a prospective transferee, sublessee or assignee before approval of the transfer, sublease or assignment by Landlord shall constitute a breach of this Lease. Landlord's consent to any assignment, or sublease shall not constitute a waiver of any of the terms, covenants or conditions of this Lease. Such terms, covenants and conditions shall apply to each and every assignment, and sublease of this Lease and shall be severally binding upon each and every party thereto. Any document to transfer, sublet, or assign the leased premises or any part thereof shall incorporate directly or by reference all the provisions of this Lease. (b) 17.2 Assignment of Rent from Subtenants Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the premises as permitted by this Lease, and Landlord, as assignee and attorney -in -fact for Tenant, or a receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant 's obligation under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent. Page 21 of 26 LEASE AREA No. 11-SDX805-12 17.3 Information to be Supplied to Landlord Tenant shall supply Landlord with the necessary information on all persons or firms to which Tenant proposes to sublet or assign any of its interest in the premises, or which might establish rights to enter, control, or otherwise encumber the premises by reason of any agreement made by Tenant. In addition, with respect to any proposed sublease or assignment, Tenant shall provide Landlord with: (a) a copy of all documents relating thereto, (b) a statement of all terms and conditions of said transaction, including the consideration therefor, and (c) a copy of the financial statement of the prospective subtenant or assignee. 17.4 Encumbrances (a) Landlord and Tenant hereby acknowledge and agree that Tenant intends to encumber by deed of trust Tenant's interest in the leased premises, for the purpose of constructing improvements thereon, and/or the permanent financing of new improvements. Any such encumbrance is void without the prior written consent of Landlord. Tenant must secure the financing from a financial institution (hereinafter called "Lender") qualified to do business in the State of California. (b) Landlord agrees that it will not terminate this lease because of any default or breach thereunder on the part of Tenant if the Lender or the trustee under such deed of trust, within ninety (90) days after service of written notice on the Lender by Landlord of its intention to terminate said Lease for such default or breach, shall: (1) Cure such default or breach if the same can be cured by the payment or expenditure of money provided to be paid under the terms of said Lease, or if such default or breach is not so curable, cause the trustee under the deed of trust to commence and thereafter to diligently pursue to completion steps and proceedings for the exercise of the power of sale under and pursuant to the trust deed in the manner provided by law, and (2) Keep and perform all of the covenants and conditions of this Lease requiring the payment or expenditure of money by Tenant until such time as the leasehold shall be sold upon foreclosure pursuant to the trust deed, or shall be released or reconveyed thereunder, or shall be transferred upon judicial foreclosure; provided, however, that if the lender or the trustee under the trust deed shall fail or refuse to comply with any and all of the conditions of this section, then and thereupon Landlord shall be released from the covenants of forbearance herein contained, and all rights of Tenant and/or Lender and those who claim under Tenant, under this Lease, shall terminate. (c) In the event of a judicial foreclosure sale or trustee's sale of Lender's security interest pursuant to the laws of the State of California, or an assignment in lieu of foreclosure, the transferee, be it Lender or others, shall succeed to all of the right, title and interest of Tenant. (d) Landlord shall give Lender a written notice of any default by Tenant under this Lease which notice shall be given concurrently with the notice to Tenant. The prior written consent of Landlord shall not be required: (1) to a transfer of this Lease at foreclosure sale under the trust deed, under judicial foreclosure or by an assignment in lieu of foreclosure; or (2) to any subsequent transfer by the Lender if the Lender is an established bank, savings and loan association or insurance company, and is the purchaser at such foreclosure sale; provided that in either such event the Lender forthwith gives notice to the Landlord in writing of any such transfer, setting forth the name and address of the transferee, the effective date of such transfer and the express agreement of the transferee assuming and agreeing to perform all of the obligations of this Lease, together with a f9py of the document of which such transfer was made and the payment to Landlord of the processing fee provided in Section 19.8. Any transferee under this section shall be liable to perform the obligations of the Tenant under this Lease only so long as such transferee holds title to the leasehold. Any subsequent transfer of the leasehold shall Page 22 of 26 LEASE AREA No. 11-SDX805-12 not be made without the prior written consent of the Landlord and shall be subject to the conditions relating thereto as set forth in this Lease. (e) Upon and immediately after the recording of the trust deed, Tenant at Tenant's expense, shall cause to be recorded in the office of the Recorder of San Diego County, California, a duly executed and acknowledged written request for a copy of any notice of default and of any notice of sale under the trust deed as provided by the statutes of the State of California relating thereto. Concurrently with the execution of the consent to a trust deed, Tenant shall furnish to Landlord a complete copy of the trust deed and note secured thereby, together with the name and address of the holder thereof. (f)The trust deed and all rights acquired thereunder shall be subject to each and all of the covenants, conditions, and restrictions set forth in this Lease and to all rights and interests of Landlord hereunder, except as otherwise provided therein. In the event of any conflict between the provisions of this Lease and the provisions of any trust deed, the provisions of this Lease shall control. (g) No trust deed which Tenant may execute or create at any time shall include the Landlord's right, title and interest in and to the demised premises, nor shall any such trust deed subordinate or be deemed to subordinate the fee title to the demised premises or Landlord's interest in this Lease to the security interest created by such trust deed. It is the intention and agreement of the parties hereto that during the entire term of this Lease Landlord's right, title and interest in and to the demised premises shall not be subject to any liens or encumbrances of any kind or nature created either by Tenant or by Landlord. Nothing contained in any such trust deed, and no such trust deed, shall release or be deemed to release Tenant from the full and faithful•observance and performance of any covenants and . conditions in this Lease contained and on the part of Tenant to be observed and performed, nor be deemed to constitute a waiver of any rights of Landlord hereunder and the terms, covenants and conditions of this Lease shall control in case of any conflict between this Lease and any such trust deed. ARTICLE 18. NONDISCRIMINATION Tenant, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person, on the ground of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) in connection with the construction of any improvements on said land and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first -tier subcontractors, and by first -tier subcontractors in the selection and retention of second -tier subcontractors, (3) such discrimination shall not be practiced against the public in its access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated on, over, or under the premises, and (4) Tenant shall use the land in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Part 21 (49 C.F.R., Part 21) and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, the Landlord shall have the right to terminate this Lease, and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. ARTICLE 19. SECURITY DEPOSIT No Security Deposit is required ARTICLE 20. ADDITIONAL PROVISIONS 20.1 Quiet Enjoyment Page 23 of 26 LEASE AREA No. 11-SDX805-12 Landlord covenants and agrees with Tenant that upon Tenant paying rent and other monetary sums due under the Lease and performing its covenants and conditions, Tenant shall and may peaceably and quietly have, hold and enjoy the premises for the term, subject however, to the terms of the Lease and of any of the mortgages or deeds of trust described above. 20.2 Captions, Attachments, Defined Terms The captions of the Articles of this Lease are for convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any section of this Lease. Exhibits attached hereto, and addendum and schedules initiated by the parties, are deemed by attachment to constitute part of this Lease and are incorporated herein. The words "Landlord" and "Tenant," as used herein, shall include the plural as well as the singular. Words used in neuter gender include the masculine and feminine and words in the masculine or feminine gender include the neuter. If there be more than one Landlord or Tenant, the obligations hereunder imposed upon Landlord or Tenant shall be joint and several. If the Tenants are husband and wife, the obligations shall extend individually to their sole and separate property as well as to their community property. 20.3 Entire Agreement This instrument along with any exhibits and attachments hereto constitutes the entire agreement between Landlord and Tenant relative to the premises and this agreement and the exhibits and attachments may be altered, amended or revoked only by an instrument in writing signed by both Landlord and Tenant. Landlord and Tenant agree hereby that all prior or contemporaneous oral agreements between and among themselves and their agents and representatives relative to the leasing of the premises are merged in or revoked by this agreement. 20.4 Severability If any terms or provision of this Lease Qhall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 20.5 Costs of Suit If Tenant or Landlord shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of rent or possession of the premises, the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Should Landlord, without fault on Landlord's part, be made a party to any litigation instituted by Tenant or by any third party against Tenant, or by or against any person holding under or using the premises by license of Tenant, or for the foreclosure of any lien for labor or materials furnished to or for Tenant or any such other person or otherwise arising out of or resulting from any act or transaction of Tenant or of any such other person, Tenant shall save and hold Landlord harmless from any judgment rendered against Landlord or the premises or any part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by Landlord in connection with such litigation. 20.6 Time, Joint and Several Liability Time is of the essence of this Lease and each and every provision hereof, except as to the conditions relating to the delivery of possession of the premises to Tenant. All the terms, covenants and conditions contained in this Lease to be performed by either party if such party shall consist of more than one person or organization, shall be deemed to be joint iftL several, and all rights and remedies of the parties shall be -^ cumulative and non-exclusive of any other remedy at law or in equity. 20.7 Binding Effect; Choice of Law Page 24 of 26 LEASE AREA No. 11-SDX805-12 The parties hereto agree that all the provisions hereof are to be construed as both covenants and conditions as though the words importing such covenants and conditions were used in each separate section hereof; and all of the provisions hereof shall bind and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. This Lease shall be governed by the laws of the State of California. 20.8 Waiver No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed and any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Acceptance by Landlord of any performance by Tenant after the time the same shall have become due shall not constitute a waiver by Landlord of the breach or default of any covenant, term or condition. Acceptance by Landlord of any performance by Tenant after the time the same shall have become due shall not constitute a waiver by Landlord of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by Landlord in writing. 20.9 Surrender of Premises The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger and shall, at the option of the Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. 20.10 Holding Over If Tenant remains in possession of all or any part of the premises after the expiration of the term hereof, with or without the express or implied consent of Landlord, such tenancy shall be from month to month only and not a renewal hereof or an extension for any further term, and in such case, rent and other monetary sums due hereunder shall be payable in the amount and at the time specified in this Lease and such month -to -month tenancy shall be subject to every other term, covenant and agreement contained herein. 20.11 Interest on Past Due Obligations Except as expressly herein provided, any amount due to Landlord not paid when due shall bear interest at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the due date. Payment of such interest together with the amount due shall excuse or cure any default by Tenant under this Lease. 20.12 Recording Tenant shall not record this Lease without Landlord's prior written consent, and such recordation shall, at the option of Landlord, constitute a noncurable default of Tenant hereunder. Either party shall, upon request of the other, execute, acknowledge and deliver to the other a short form memorandum of this Lease for recording purposes. 20.13 Notices All notices or demands of any kind required or desired to be given by Landlord or Tenant hereunder shall be in writing and shall be deemed delivered forty-eight (48) hours after depositing the notice or demand in the United States mail, certified or registered, postage prepaid, addressed to the Landlord or Tenant respectively at the addresses set forth in Article 1. 20.14 No Reservation Submission of this instrument for examinatio eor signature by Tenant does not constitute a reservation of or option for lease; it is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant. 20.15 Corporate Authority Page 25 of 26 LEASE AREA No. 11-SDX805-12 This section is not applicable. 20.16 Force Majeure If either Landlord or Tenant shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, governmental restrictions, regulations or controls (except those reasonably foreseeable in connection with the uses contemplated by this Lease) or other cause without fault and beyond the control of the party obligated (except financial inability), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Nothing in this clause shall excuse Tenant from prompt payment of any rent, taxes, insurance or any other charge required of Tenant, except as may be expressly provided in this Lease. In Witness Whereof Landlord and Tenant have executed this Lease as of the date first written above. LANDLORD: STATE OF CALIFORNIA, TENANT: CITY OF NATIONAL CITY, DEPARTMENT OF TRANSPORTATION CALIFORNIA BY: BY: SCOTT ATKINS Chief, Airspace and Outdoor Advertising Branch Right of Way Division Department of Transportation APPROVED AS TO FORM: BY: Al LbST: BY: BY: City Attorney City Clerk Page 26 of 26 I a7416..." 11-20.405_ 12 (FLA) ".• 27, 77„,. Infl "'Km seam cEL s'ys• .4*:ni .""903 yr D. UTILITY r.". 0: Ikkelfe-r") CITY. SAN . OF DIEGO IRECOSO '". 5057.1 .- new STATE OF r ALI_ ORN I TRANSPORTATION AGE:CEpAATusHT OF maNSP:0 DIVISIONHIGMms DISTRICT FREEm AREA LEASEMAP 40,805 A r-= I Tr ""T. it , ITEM #16 10/2/01 National City Firefighters Post Office Box 1316 • National City, CA 91951 Station 10: (619) 477-3816 • Station 15: (619) 479-1773 Local 2744 To: Torn McCabe 9-25-01 City Manager- City of National City From: Mark Beveridge President- National City Firefighters Local 2744 Mr. McCabe, We are requesting to be placed on the City Council meeting agenda for October 2'", 2001. The reason for this request is to make a presentation from the Firefighter Association. Thank you. Mark Beveridge President- Local 2744 National City Firefighters Affiliated with International Association of Fire Fighters • California Professional Firefighters • AFL-CIO • California Labor Federation 603 IAFF Local 2744 National City Firefighters Bargaining History Commenced Negotiations on May 18 On June 28, the City replaced their negotiator Several meetings were then cancelled and rescheduled Have met a total of 7 times in four months Major Issues Retirement Benefits Health Insurance Staffing Issues Language Issues Paramedic Services Wages 1 Retirement Benefits 3% at 50 Level 1V Survivorship Employer Paid Member Contributions reported as compensation. Agreed No Proposal from City r Agreed Retirement Costs Current contribution rate is 0% With the addition of 3% @ 50 benefit, contribution rate is estimated to remain at 0% for the next twelve years. Health Insurance 80% of the Lowest Priced Plan $161 for single $325 for employee plus one $449 for employee plus two Fixed Amount - increased by 50% of increases in 2003 1 $305.30 for single $315 for employee plus one $330 for employee plus two 2 Health Insurance Retiree Health Cash in lieu cap at $100 Phased out to new employees Agreed Cash in lieu maintained at $100, no phase out Health Insurance Costs County Average for Medical Insurance is $5320 per year City Manager receives $7200, Management receives $6000, City Attorney receives $6600, and elected officials receive $6492 t: National City pays $3660, 45% below the average 80% lowest priced plan is $5393 for +2 plan 100% lowest priced plan is $6741 Staffing Issues Compliance with NFPA recommendations: Four Person Companies Minimum Fire Ground Response Status Quo Current practice is Three person Engines, and Four person Truck i; No MOA mandates 3 Language Issues Grievance Procedure with arbitration as final step Recognition Clause Full Understanding Clause .l army .y.,a City Manager with final decision No changes to current language Paramedic Services Implement Article 31 as agreed and passed by council No position, however, the Fire Department continues to send individuals to paramedic school and backfills with overtime Wages -Union 4 7/1/01-4% .4 11/1/01-4% 8.16% 01-02 7/1/02-3% 1/1/03-3% 6.1% 02-03 Proposal iS 7/1/03-3% 1/1/04-30/0 6.1% 03-04 Platoon Commander Increase by 10% over the term 4 Wages -City P 10/30/01-4% 2/5/02-2% 6.1% 01-02 8/6/02-2% 1/7/03-2% 4/1/03-2% 6.1% 02-03 roposal 8/5/03-2% = 1/6/04-2% r. 3/30/04-2% 6/1%-03-04 Platoon Commander Increase by 6% over the term Wages 21.74% Compounded Platoon Commander (Total of 3 personnel) Increase by an additional 10% over the term 19.4 % Compounded Platoon Commander (Total of 3 personnel) Increase by an additional 6"/0 over the term Compensation Study s On cost per hour basis, 8.13% below the average of all San Diego County Fire Departments On comparison of PERS compensation, 7.47 % below the average City proposal will keep Nat'l City FF's well below the County average. After the Feb '02 raise, Nat'l Gty FF's will be 2.20/0 below the July '01 Average. 5 San Diego County Fire Departments National City Firefighters - Local 2744 Top Step Firefighter Compensation Survey July 1, 2001 Agency Effective Date Raise Base Salary PERS (EPMC) Base + EPMC I Uniform Holiday Pay Pay Holiday Hours I Other Total $ Medical Sched Vac Pay Comp Costs Hours Hours Worked Total Hours 7/30/01 Worked Cost Per Hour Bonita Jul-01 49517 9.00% 53974 200 $2,856 57030 6600 2912 240 2,672 21.34 Carlsbad Jan-01 50112 9.00% 54622 395 $2,478 57495 6096 2912 205 2,707 21.24 Chula Vista Jan-01 48785 9.00% 53176 200 $2,011 55387 4884 2912 168 2,744 20.18 Coronado Jun-01 48876 9.00% 53275 450 $1,725 55450 3825 2912 192 2,720 20.39 Del Mar Oct-01 48133 6.50% 51262 395 $2,256 53912 3985 2912 172 2,740 19.67 El Cajon Jul-01 47827 9.00% 52132 350 60 600 53082 4800 2912 263 2,589 20.50 Encinitas Jan-01 47706 9.00% 52000 400 $1,966 600 54965 7165 2912 192 2,720 20.21 Escondido Jan-01 47515 9.00% 51791 500 $2,251 54542 5416 2912 168 2,744 19.88 Imperial Beach Jan-01 41004 9.00% 44694 350 157 45044 4320 2912 224 2,531 17.80 La Mesa Jun-00 43704 9.00% 47637 450 138 900 48987 5340 2912 168 2,606 18.80 Lakeside Jul-00 47343 9.00% 51604 300 $1,756 53660 3600 2912 240 2,672 20.08 Oceanside Jan-01 44784 8.00% 48367 500 $1,870 2238 52975 5100 2912 168 2,744 19.31 Poway Jul-01 47256 9.00% 51509 395 $1,752 53656 6683 2912 216 2,696 19.90 San Diego City Jul-01 56687 7.30% 60825 700 120 2834 64360 4175 2912 240 2,552 25.22 San Marcos Jan-01 55956 8.00% 60432 400 $1,915 62748 6126 2912 168 2,744 22.87 San Miguel Jul-01 50004 9.00% 54504 600 $2,266 600 57971 6680 2912 168 2,744 21.13 Santee Jul-01 48347 9.00% 52698 125 52823 4920 2912 324 2,588 20.41 Solana Beach Jul-00 45249 9.00% 49321 395 $1,695 51411 4697 2912 168 2,744 18.74 Vista Jul-01 47860 9.00% 52167 395 $2,169 54731 6665 2912 192 2,720 20.12 AVERAGE 48246 52421 395 $2,069 54749 5320 2912 204 2683 20.41 National City 44947 9.00% 48992 200 $2,146 51338 3660 2912 192 2720 18.87 National City Compared to Avg. -45.35% -8.13% w/ 4% for unsettled -8.54% w/ 5% for unsettled -8.91% San Diego County Fire Departments National City Firefighters - Local 2744 Top Step Firefighter Compensation Survey July 1, 2001 I Agency Effective Date Raise I I Base PERS Base + Uniform Salary (EPMC) EPMC Pay I i I Holiday Holiday Other Total $ Medical Pay ' Hours Pay Comp Costs Schad Hours Bonita Jul-01 49517 9.00% 53974 200 $2,856 57030 6600 2912 Carlsbad Jan-01 50112 9.00% 54622 395 $2,478 57495 6096 2912 Chula Vista Jan-01 48785 9.00% 53176 200 $2,011 55387 4884 2912 Coronado Jun-01 48876 9.00% 53275 450 $1,725 55450 3825 2912 Del Mar Oct-01 48133 6.50% 51262 395 $2,256 53912 3985 2912 El Cajon Jul-01 47827 9.00% 52132 350 985 60 600 54127 4800 2912 Encinitas Jan-01 47706 9.00% 52000 400 $1,966 600 54965 7165 2912 Escondido Jan-01 47515 9.00% 51791 500 $2,251 54542 5416 2912 Imperial Beach Jan-01 41004 9.00% 44694 350 2,211 157 47412 4320 2912 La Mesa Jun-00 43704 9.00% 47637 450 2,071 138 900 51196 5340 2912 Lakeside Jul-00 47343 9.00% 51604 300 $1,756 53660 3600 2912 Oceanside Jan-01 44784 8.00% 48367 500 $1,870 2238 52975 5100 2912 Poway Jul-01 47256 9.00% 51509 395 $1,752 53656 6683 2912 San Diego City Jul-01 56687 7.30% 60825 700 2,336 120 2834 66816 4175 2912 San Marcos Jan-01 55956 8.00% 60432 400 $1,915 62748 6126 2912 San Miguel Jul-01 50004 9.00% 54504 600 $2,266 600 57971 6680 2912 Santee Jul-01 48347 9.00% 52698 125 52823 4920 2912 Solana Beach Jul-00 45249 9.00% 49321 395 $1,695 51411 4697 2912 Vista Jul-01 47860 9.00% 52167 395 $2,169 54731 6665 2912 AVERAGE 48246 52421 395 $2,032 55174 5320 2912 National City 44947 9.00% 48992 200 $2,146 51338 3660 2912 National City Compared to Avg. -7.47% -45.35% with 4% for unsettled -8.09% with 5% for unsettled -8.24% City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 2, 2001 AGENDA ITEM NO. 1.7 1 ITEM TITLE City Council Vacancy PREPARED BY EXPLANATION. Tom G. McCabe DEPARTMEN See attached communication from the City Clerk. City Manager Environmental Review Financial Statement See attached N/A Account No. TAFF RECOMMENDATION City Council Determination BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Communication from City Clerk dated September 20, 2001 A-200 (Rev. 9/80) To: From: Subject: Date: City of National City Office of the City Clerk 1243 National City Boulevard, National Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 Honorable Mayor and City Council Michael Dalla, City Clerk City Council Vacancy September 20, 2001 Cvh CITY MA AGER City, CA 91950-4i9WP 27 A ''I I: 30 ::CI .0 CI7 OF NATIONAL CITY The recent resignation of Councilman Soto has resulted in a number of questions regarding the process and options for filling the vacancy that now exists. What follows is a review of some of the issues the City Council should be aware of as you consider the most desirable course of action to take. Section 36512 (b) of the Government Code provides as follows: If a vacancy occurs in an elective office provided for in this chapter, the Council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days (formally 90 days) from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent Appointment If the City Council determines to appoint someone to fill the vacancy, there is no formal procedure laid out in the Government Code that must be followed. The Council can determine their own procedure, provided all discussions and decisions about the procedure to be followed and the selection process itself are conducted in open session. The Brown Act ® Recycled Paper Memorandum Honorable Mayor and City Council Page Two prohibits Councilmembers from discussing among themselves either the appointment process or prospective appointees when not in open session. The next Regular Meetings of the City Council are October 2nd and October 16th. If an appointment process is to be pursued, a special meeting (or meetings) may be necessary to allow sufficient time to establish and complete the process within the 30-day statutory deadline. Obviously time is of the essence in this matter. If the City Council fails to make an appointment within the 30-day statutory deadline and "If the City Council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date." (Section 36512 (d) (3) of the Government Code). In other words, if you neither appoint nor call an election within the prescribed 30-day period, then the seat will remain vacant until November 2002. This matter should be placed on the October 2nd Agenda for consideration, and on the October 16th Agenda for action. Election If the City Council desires to fill the vacancy by election, the cost of a stand-alone special election would be $70,000 to $80,000. The City Council could also hold a special election and consolidate it with the March 5, 2002 statewide election. The cost of such an election is estimated to be approximately $10,000 for both the Library bond measure and the Council vacancy. Anyone elected on March 5th would not take office until the first week in April 2002, and would serve until the November 2002 election. Filing for the November election opens on July 15, 2002. Filling the vacancy in a March election would mean that a City Council seat would be vacant for over six months. The possibility has been raised of appointing someone to fill the vacancy until the March election. As it now stands, that would not be permitted under Government Code Section 36512 (b), above, which states "A person 2 Memorandum Honorable Mayor and City Council Page Three appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent". However, the City Council could adopt an ordinance that would permit the person appointed to serve only until the March 2002 election. That would be allowed under Section 36512 (c) (3) which reads, in part: "Not withstanding subdivision (b), a city may enact an ordinance which....provides that a person appointed to fill a vacancy on the City Council holds office only until the date of a special election which shall immediately be called to fdl the remainder of the term." Such an ordinance could be adopted as an urgency ordinance. I have reviewed this memorandum with the City Attorney, who concurs with the conclusions stated herein. MRD/mla cc: City Manager City Attorney CDC Director 3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 2, 2001 AGENDA ITEM NO. 18 ITEM TITLE NOTICE OF DECISION -- CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON AN EXISTING BUILDING AT 3007 HIGHLAND AVENUE (APPLICANT: NEXTEL) (CASE FILE NO. CUP-2001-12) PREPARED BY Andrew Hoskinso DEPARTMENTPlanning EXPLANATION The project site is the Supersaver building in the Sweetwater Square shopping center at the southeast corner of Highland Avenue and 30th Street just north of State Route 54. The center is zoned General Commercial (CG). Nextel proposes to place 12 panel antennas on the roof of the Supersaver building. The antennas will be mounted to the backside of three new parapet screening walls, so they will not be visible. Additionally, two GPS antennas will be placed on the roof; the existing parapet walls will screen them. The applicant will also construct a 252 square foot equipment enclosure on the south side of the Supersaver building. The equipment enclosure will be built on top of an existing trash enclosure that will be expanded as part of the proposal. Both enclosures will be textured to match the existing building. At the August 20, 2001 Planning Commission meeting the Commission approved the proposal, since it is a stealth facility designed to be compatible with the existing shopping center architecture. i Environmental Review Financial Statement N/A X N/A Exempt STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes — Flores, Valderrama, Ungab, Baca, Reynolds, Detzer ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 29-2001 2. Location Map 3. Photo simulations of the Supersaver building with the proposed facility on it Absent: Parra Resolution No. A-200 (9/80) RESOLUTION NO. 29-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON AN EXISTING BUILDING AT 3007 HIGHLAND AVENUE APPLICANT: NEXTEL COMMUNICATIONS CASE FILE NO. CUP-2001-12 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on an existing building at 3007 Highland Avenue at a duly advertised public hearing held on August 20, 2001 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2001-12 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 20, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the wireless communications facility will be placed on an existing commercial building in a developed shopping center. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the wireless facility is unmanned and will typically be visited only once a month for maintenance activities, and since the site can be accessed from Highland Avenue or 30th Street, both of which are arterial streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the equipment will be located inside a newly constructed enclosure attached to the existing building, and since the antennas will be screened from view by walls designed and painted to match the building. ry:o 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of wireless communications devices, which is demanded by many customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at 3007 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP- 2001-12, dated 6/29/01. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 4. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 6. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 7. The enlarged trash enclosure should have a 10-foot ceiling height, and final design of the trash enclosure shall be subject to approval by the Planning Director. 8. The wireless equipment enclosure should be constructed of stuccoed concrete block, textured and painted to match the existing building. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 17, 2001, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, BACA, REYNOLDS, DETZER, PARRA. NAYS: ABSENT: ABSTAIN: PROJECT SITE ZONE BOUNDARY - - - CITY BOUNDARY PROPOSED WIRELESS EQUIPMENT ENCLOSURE N A LOCATION MAP 3007 Highland Avenue CUP-2001-12 NATIONAL CITY PLANNING DRN. DATE: 8/10/01 INITIAL HEARING: 8/20/01 CA-7418 NATIONAL CITY (SWEETWATER) LOOK! SOUTH PROPOSED NEXTEL PANEL ANTENNAS MOUNTED BEHIND DRYVIT STUCCO WALL PROPOSED NEXTEL EQUIPMENT BUILDING CA-7418 NATIONAL C (SWEETWAT ARCHITECTURE PLANNING City of National City, California COUNCIL AGENDA STATEMENT October 2, 2001 dEETING DATE AGENDA ITEM NO. (-ITEM TITLE PREPARED BY EXPLANATION � �\ thleen Trees, Director DEPARTMENT TEMPORARY USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE Building and Safety This is a request from McCune Motors to conduct a three day used vehicle tent sale on Lot 2 at the Plaza Bonita Shopping Center, from Friday, October 26 — Sunday, October 28, 2001. The hours of the sale are 9:00 a.m. until 9:00 p.m. D.J. music will be provided for entertainment from 10 a.m. through 6 p.m. during the event. ( Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9,'99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Motors EVENT: Used Vehicle Tent Sale DATE OF EVENT: October 26-28, 2001 TIME: 9:00 a.m. until 9:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x 1 NO [ 1 SEE CONDITIONS [ ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Depat intent access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. Type of Event _ Public Concert _ Fair _ Parade _ Demonstration _ Motion Picture _, Grand Opening _Other cLE Event Title: -S Et, Cf/rgn et_ 610.,Nst-o Event Location: gL , - 7 0 'J ..-r-A- Event Date(s): From Oar. a-4 to ®G?pa-g Total Anticipated Attendance: 0-a Month/Day/Year r 7 S Participants) ( ...4-s/'Spectators) Festival Circus Actual Event Hours: 9 Opm to q am) Setup/assembly/construction Date: 0 C / — aiStart time: (0 A' - Please describe the scope of your setup/assembly work (specific details): Irr- > g(. '„ r c,c-_ 4 o c. l P e %h^) CA -es 7(c-dc.8 At4si/v/sr A)) (Cc /14 (tj Dismantle Date: CSC-! =, Completion Time: a ' List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Community Event _ Block Party AI A Sponsoring Organization: MG awe 41d7't7,£( )(For Profit %ANY ®c A Not -for -Profit Chief Officer of Organizaf n (Name)pJ1t , A ectA Applicant (Name): &e0t-`t e c-I / �- Address: S - / v 4-0 f to/y et 1-7 v.b,�, Daytime Phone: 477 1101 Evening Phone: �1 1 I (0 / Fax: w 'a ,�1 O Contact Person "on site" day of the event: /�pp �y Pager/Cellular. I4/" 3da- O t NOTE: THIS PERSON MUST BE IN A11 NDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO Cit OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? _ YES X NO _ YES X NO If YES, please explain the purpose and pro/ide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION, of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. fAr 7 cis 65 C- / cA L- o 7-71 <4 1/ 0-0/ix M Cf N 2 _ YES $NO Does the event involve the sale or use of alcoholic beverages? $YES NO Will items or services be sold at the event? If yes, please describe: ((s x V - C- YES `K NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas ,� r/� Please describe how food will be served at the event: / I If you intend to cook food in the event area please specify the method: _ GAS _ELECTRIC _ CHARCOAL _ OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: D ribe your plan for can-up and removal pf waste and garbage during and after the event (J P I'i l AC S7-rc S s. 3 Pleaescribe your procedures forjboth Crowd Control and Internal Security: Ali' ea'e' / % "/C.C- ,C('TY. YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES CVO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate arrangement you have made for providing First Aid Staffing and Equipment. c- �/��l k L {'C i 4.6 Lei IA) i Z-[s 2/ z 7l r4 t c.-A- t- • Please describe your Ac'ecsibility Plan for access at your event by individuals with disabilities: acrie..(C-70AAC , Please provide a detailed d 7 •iption of your PARKING pl /v %3 C 1 iti-ie lG-C 7 At f--- ""i4 4 Please describe your plan for DISABLED PARKING: Please describe your se plans to notify all residents, businesses and churches impacted by the event: isicrb !P Ate f O '✓ /"-� `� �,/ nJ `�_ NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: AT/' Number of Bands"/A Type of Music: b J3 MIL(' t �- )(YES _ NO Will sound amplification be used? If YES, please indicate: Start time: / 0 •m Finish Time am/ m YES' NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am! pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES YES 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: 0 Any signs, banners, decorations, special lighting? If YES, please describe: 5 For Office 'Use OnCy Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval 6 RUG 20 '01 01:35PM PLAZA BONITA P.1 Facsimile Westilek! DATE: $'124% 6 O t TO: 0i2 COMPANY: FACSIMILE NUMBER: FROM: PHONE NUMBER: 619 26T-2850 NO. OF PAGES: $ t OP PIN Or OWN PLAZA BONITA 3050 Plaza Bonita Road National City, CA 91950 Telephone (819)257.2550 Facsimile (519) 472.5852 °1-0 kittiyA, (ex.c A„,ttyL wic &. Kt, to4..Le-. Cam. udt 912A 10(A6-12i c 14.6 9 6 ralevt4 The contents of this facsimile (including attachments may be privileged and confidential. My unauthorized use of the contents is expressly pndhlbilid. If you have received the document in error. please advise us by telephone (reverse charges) Immediately and then shred the document. Thank you. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate,pf insurance must be attached to this permit. Organization Person in Charge of Activity Address Ai / (9 70 Fr, ,e.4 6 L,a-7t,r et/ 34 0 /�%l;4-i'� "L `� / ‘1.- V 644, CI ---q/ 1.Z7 Telephone (O /9— 417 /4—Date(s) of Use /0 ' v 5'14 (0 — 04 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal i ' death or property damage, or both, or any litigation and other liability, ' cl ing attorneys fees and the costs of litigation, arising out of or related to e e of pr. - or the activity taken under the permit by the permitte r ' age ts, mpl. - or contract. s. ..I Signature of, Applicant Official Title Date 9--/q--©/ For Office Use Only Certificate of Insurance Approved Date .JIEETING DATE (-ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT October 2, 2001 AGENDA ITEM NO. 20 TEMPORARY USE PERMIT — SWEETWATER TOWN & COUNTRY MERCHANTS- 7Ketliteeo, 4 PREPARED BY Kathleen Trees, Director EXPLANATION FABULOUS 50'S DEPARTMENT Building and Safety This is a request from the Sweetwater Town & Country Merchants Association to sponsor a 2-day event in the parking lot at 1722 Sweetwater Rd. from 9:00 a.m. to 4:00 p.m. on Saturday, October 27. The free event will consist of a Halloween Contest for children ages 2-10. This will be followed by a hula -hoop contest, and a bubblegum contest. Music will be provided by a D.J. in the morning followed by the Kat-alac Band from noon until 2 pm. The event will also consist of an old car show and arts and crafts. The Association is also requesting permission to hang 4 banners at the entrance to the shopping center. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. ( Environmental Review X N/A Financial Statement The City has incurred $150.00 in costs in processing the T.U.P. ilmbinVied rough various City Departments. Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/99) APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: LOCATION OF ACTIVITY: Saturday, October 27, 2001 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 9:00 a.m. to 4:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] PLANNING YES [ x ] NO [ ] FIRE YES [ x ] NO [ ] FINANCE YES [ x ] NO [ ] NOTE: HEALTH DEPT WAS NOTIFIED VIA FAX 6/19/01 CONDITIONS OF APPROVAL: FIRE (336-4550) SEE COMMENTS[ x SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] 1. Exitways to be maintained in an unobstructed manner at all times. Exitways to be clear of all obstruction for its entire width and length. Aisle widths not to be less than 44 inches wide. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy-five(75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire protection equipment, hydrants, fire department connections, etc. shall not be blocked or obstructed at any time. 5. If canopies and tents are to be used they are to be constructed of a flame resistant material with the California State Fir4e Marshal seal of approval attached. 6. A Fire Department Permit will be required if canopies are tents are erected. Permit fee is sixty-five dollars ($65) and is to be paid at the Fire Department Head Quarters located at 333 E. 16th Street. 7. Vehicles are not to be parked within twenty (20) feet of tents or canopies. 8. Fuel powered equipment to be maintained at a minimum distance of twenty (20) feet from tents and or canopies. FINANCE (336-4330) 1. A Business License is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. _� �it�1� a cr Ct- 0-4 banners i"rash cars CEME° Son .J RESUME STE—A. ROTgIS o.@ no rt. SIMS ACM O.RTiMS Xi= SO. R. III NOES TOTAL SITS SW 1.1M0 MR. MOOS IG6 M•10.0—A SECTION SECTIONS IMIVJIS EECIWS SECTIONS TOTAL SMgi SPACES IO SSO WO =TM SPAT. sm anrt+l,`.,)b saw=rt. » 0,4-00 1® Cub ID cuts 11CAR am :ow bowman M Ala n woratowern000kla MI.MI mn. FRESLOSONOSOME 1i1A11T ME: SOO so. n. Lon OSCE MOnMES SLISIso.o. TOTAL MG6MSS fl_I SCAT. iSill1tM 11�, 24u14UE= t STATE ROUTE SA SITE PLAN SWEETWATER TOWN & COUNTRY L__ Type of Event: _ Public Concert Parade _ Motion Picture _ Fair _ Festival _ Community Event Demonstration _ Circus _ Block Party _Grand Opening X Other (IA ©(1 S '))s Event Title: Fib U s Event Location: �W� l_ (l�i , �.`� Inw n P g Total Anticipated Attendance: - SO - &)C people Month/Day/Year (15 Participants) ( f'j 5 Spectators) Event Date(s): From I 0-a 1' if) L Actual Event Hours: 9 1pm to 4, am/CD Setup/assembly/construction Date: 10- Z & OStart time: I b Please describe the scope of your setup/assembly work (specific details): we-k.11- r- W - `�~0a1-©� LL Dismantle Date: ompletion Time: ` �J +0c) a List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Chief Officer of OrganizaAp n (Name)/�e)/� Applicant (Name): P-14 i& T� '/e6f Rsckife C. Oft/CA o Not -for -Profit Addressr7 2,2 rti/ // g Phone: `"l 7516F_ : itj ti- Daytime Phone: Contact Person "on site" day of the event: Pager/Cellular: A/14- NOTE: THIS PERSON MUST BE IN AT'I ENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? RYES _ NO Are admission, entry, vendor or participant fees required? YES _ NO 0 YES, se expl� purpose a(�vide a $ l J Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ !C))Plbf®0 Estimated Expenses for this event. /c.V What is the projected amount of revenue that the Nonprofit Organization will eceive as a resul of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent formatiorgabout the event.- n� Lade s„ ,9 t g`rooa.K Co i -'o �j I n LX 1[_fk 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES 0 Will items or services be sold at the event? If yes, please describe: _ YES r NO Does the event involve a moving route of any kind along streets, sidewalk, or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas �I) Please describe how food will be served at the event: r If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the plicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs >-Fencing, barriers and/or barricades V Generator locations and/or source of electricity ( > Canopies or tent locations (include tent/canopy dimensions) A. Booths, exhibits, displays or enclosures V Scaffolding, bleachers, platforms, stages, gran ands or related structures A. Vehicles and/or trailers I ?)CI f > Other related event components not covered above i�Trash containers and dumpsters .(Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a dean condition.) Number of trash cans: Trash containers with lids: Descrjltie your plan for clean-up and removal of waste and garbage during and after the event: kJ/14117,a aift J/Ai. • `% *(* 3 our procedures for both Crowd Control and Internal Security: U .lodQ IL 6010Il(1 i _ YES J(NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES �. NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Plea indicatt-- what arrangem-nt you have made for pr•viding Fi Aid Staffing and Equip ent. !Z J iZ��'a�� /%G�CXsI �"�-tf/j'Ca 6 Plea describe your:Xessibility Plan for access at your event by ind' idual with disabilities: a a 1 e hy,u,, Please provide a detailed description of your PARKING plan: 4 PI - ; - - descn • - - ;plan for DIS .. = , D ARKI Please describe your plans to notify all residents, businesses and churches impacted by the event: /4- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. RYES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: / Number of Bands: / Type of Music: hi b1 "al, fidepoutinimac4 Ct ��5 YES _ NO Will sound amplification be used? If YES, please indicate: +M1 Start time: . � �• m Finish Time t� a _ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amP pm Finish Time am/pm` Please describe the sound equipment that will be used for your event: _ YES ANO Fireworks, rockets, or other pyrotechnics? If YES, please describe: x YES _ NO Any4signs, banners, decprations, special lightin ? If YES, please describe: For Office Use OnCy Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial 6 Non-profit organizations, which meet the criteria on page v of the instructionswill be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit orgaPization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then pr•, eed to Question 3. ame of e spon g; nizgtion Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) ___$ No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. X No (Please proceed to Qu n 6) a 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: ignature o (P lease sign the form and submit it with the TUP Application) thibini a19,a Date 9 City of National City, California COUNCIL AGENDA STATEMENT October 2, 2001 MEETING DATE AGENDA ITEM NO. 21 ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — FATHER AND SON AUTO SALES - USED VEHICLE TENT SALE Kathl�Trees, Director DEPARTMENT Building and Safety This is a request from Father & Son Auto Sales, 100 W. 30th St. to conduct a three day used vehicle tent sale on the parking lot of Sweetwater Square Plaza, 3007 Highland Ave., from Friday, September 28 — Sunday, September 30, 2001. The hours of the sale are 9:00 a.m. until 9:00 p.m. D.J. music will be provided for entertainment from 12 p.m. through 9 p.m. during the event. Environmental Review X N/A Financial Statement Approved By: The City has incurred $115.00 in costs in processing the T.U.P. application through pa3Rtr%ty Departments. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS (Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Father & Son Auto Sales EVENT: Used Vehicle Tent Sale DATE OF EVENT: September 28 - 30, 2001 TIME: 9:00 a.m. until 9:00 p.m. APPROVALS • PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x 1 NO [ 1 SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. Peter Piper Pizza 3007 Highland Ave National City, CA 91950 To Whom it may concern, Father and Son Auto Sales have the permission of Peter Piper Inc., to use the parking lot in front of our restaurant on the days they have requested.. If you have any questions or I can be of further assistance please feel free to call me at any time. Sincerely. zj William Lauchlan, General Manager Peter Piper Pizza (619)477-1788 BILL LAUCHLAN GENERAL MANAGER PETER PIPER PIZZA 3007 HIGHLAND BOULEVARD, #101 NATIONAL CITY, CA 91950 TEL (619) 477-1788 Type of Event: _ Public Concert Parade _ Motion Picture Fair _ Demonstration _ Grand Opening _ Festival _ Community Event _ Circus _ Block Party Other Event Title: 4 /5 L7 � .4 ZR/ Event Location: i- t(if �,f1✓, 4ii�i� c� r i'Y 6 Event Date(s): From9'62it Ito 9'30461 Anticipated Attendance: Month/Day/Year ( Participants) (Spectators) Actual Event Hours: 7 j'pm to f ant* Setup/assembly/construction Date: _ i2S1'O /Start time: 7`11/1 Please describe the scope of your setup/assembly work (specific details): �� i 6-s'nfee AelovviD ,to/f ea& A9S$, 4J50 o // 7j1- SCr op kii171 7;a4Ec c©4j%,4,,as• keg el);i) Pc 52fetJ.e try l i1 M Dismantle Date20 1— 0/ Completion Time: iii90 ame 11 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: /;` 5 # CA ES For Profit � �� r, Not -for -Profit Chief Officer of Organization (Name) 4O S" J / 2 * r .// �ircA&< Applicant (Name): Address:` V & ,F�%74 S`!' r� /71.0 oit. 4/ (.,.-/ - f,9S Daytime Phone: (j/� —9470Evening Ph�onetr,`� 7 S/J Fax 79) %V.. Contact Person "on site" day of the event: J f /FtiCiti D ' ager/ NOTE: THIS PERSON MUST BE IN ATV ANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CIZY;OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES _ NO YES NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 2 YES XNO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X_ YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site m showing all streets im ted the event6- - ,e 6C,0Agj Y© f"/ '1944) In addition to the route map required above, ple attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers ➢ Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: A Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: %) — vihott o69/— ! /79i✓i:‘,t-i413 7?' ©f T 75" 1JE7 a&c-34nb 3 Please describe your procedures for both Crowd Control and Internal Security: _ YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: 4 Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: A/ 2J Number of Bands: A949,4) Type of Music: c'r— )(YES _ NO Will sound amplification be used? If YES, please indicate: Start time: totes, am/pm Finish Time �i, pi am/pm _ YES INO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X/YES _ NO Any signs, banners, decoRtions, special lighting? If YES, please describe: 5i`CiS s Se9r44)4 g/✓0 knc' 5 For Office 'Use Only Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial TN- f3 MID SAFETY DEFT. RECEIVED SEP 2 1 2001 NATIONAL. CITY, CALIR 6 Peter Piper Pizza 3007 Highland Ave National City, CA 91950 To Whom it may concern, Father and Son Auto Sales have the permission of Peter Piper Inc., to use the parking lot in front of our restaurant on the days they have requested. If you have any questions or I can be of further assistance please feel free to call me at any time. Sincerely. William Lauchlan, General Manager Peter Piper Pizza (619)477-1788 BILL LAUCHLAN GENERAL MANAGER PETER PIPER PIZZA 3007 HIGHLAND BOULEVARD, #101 NATIONAL CITY, CA 91950 TEL (619) 477-1788 City of National City, California COUNCIL AGENDA STATEMENT .11EETING DATE October 2, 2001 AGENDA ITEM NO. 22 / ITEM TITLE TEMPORARY USE PERM11 - YEN 1.LOSTAL MISSIONARY CHURCH OF CHRIST — NATIONAL CONVENTION PARADE PREPARED BY Kathleen Trees, Director DEPARTMENTuilding & Safety EXPLANATION This is a request from the Pentecostal Missionary Church of Christ (2410 E 8th St) to conduct a parade on October 13, 2001 from 4:00 p.m. until 5:00 p.m. The event will consist of a motorcade with 30-45 cars with balloons and banners. The State Motor Patrol company will provide escort service. A map of the route is attached. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. i Environmental Review x N/A Financial Statement Approved By: Finance Director The city has incurred $241 in costs processing the T.U.P. application through various City Departments. 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 all fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME OF EVENT: APPROVALS: PLANNING YES [ x ] FIRE YES [x] PUBLIC WORKS YES [ x ] FINANCE YES [ x POLICE YES [ x ] ENGINEERING YES [ x ] CITY ATTORNEY YES [ x ] RISK MANAGER YES [ x Pentecostal Missionary Church of Christ National Convention -Motorcade Parade Saturday, October 13, 2001 4:00 p.m. until 5:00 p.m. NO [ NO [ NO [ NO [ NO [ NO [ NO [ NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS (National City Transit was notified via fax January 26, 2001) CONDITIONS OF APPROVAL: FIRE 336-4550 1. If canopies/tents are to be used a permit is to be secured from the Fire Department, permit to erect or operate a tent/canopy per Article 32 of the California Fire Code. Permit fee, sixty-five ($65) dollars. 2. Fire apparatus access shall be maintained at all times in the event of an emergency. a. Do not block streets or alleys, must have access available at a moments notice.k b. Do not block Fire Department connections, fire hydranats, fire sprinkler systems, etc. c. Vehicle operators must pull their vehicle to the right upon the approach of an emergency vehicle when warring devices are in operation. 3. Do not block Fire Department access to the church. 4. Site plan is required. Plan must identify locations of vehicle placement. Along the booths and/or canopies if used. ENGINEERING 336-4380 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with contractors in the event of a construction site in the vicinity of the activity. Please call James. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance and one million dollars for auto liability insurance including non owned and hired auto. 2. Name the City of National City, its officials, employees, agents and volunteers as additional insureds on all policies. 3. Execute standard hold harmless. (Done) PUBLIC WORKS 1. No involvement from Public Works. (THE NATIONAL CITY TRANSIT HAVE BEEN NOTIFIED) Type of Event: _ Public Concert _ Fair _ Festival _ Community Event Z Parade _ Demonstration _ Circus _ Block Party Motion Picture _ Grand Opening _ Other Event Title: PMe_e_.- (i v,t 7c_A) MoTORI' A Pe" Event Location: /KAT r 0 NAL C try Event Date(s): From OOi /. / 3 to dc1. /3 Total Anticipated Attendance ejtA ' Month/Day/Year ( Participants) (Spectators) Actual Event Hours: £ Ct) wpm to.C3DO jInI1pm Setup/assembly/construction Date: 04• )3 01 Start time: O'D Please describe the scope of your setup/assembly work (specific details): f I A ASS j s 1-e6i by `ke Sisk I-&b4 v , F' D) Dismantle Date: Completion Time: List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. I() Sponsoring Organization: PE -At r6cosTAL Al tss /O `A� y For Profit G+ WI #1 OF c_/I -IST (7A- 4444TeM) ✓Not -for -Profit Chief Officer of Organization (Name) PAcrA4 A/// FTA .. .3At./LO( Applicant (Name): NEI L Er¢Wr iv A • r2CJeEAUDr_ Address: a/0 tsvikEEr AAT/0'i%AE cTY 64. 9/9s0 Daytime Phone: (Off) '171-f0/S Eve ing Phone: (Of) 267 .25'dz Fax: (44.9) i7*' i0fS DA Trrw6 Contact Person "on site" day of the even : PTke AINi e_eTA L , c StVILO6 Pager/Cellular: (for(?) 9102: 03/Z NOTE: THIS PERSON MUST BE IN AT'tNDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO Ci Y;OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? ✓ YES _ NO Are admission, entry, vendor or participant fees required? _ YES ✓ NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. T4-CNe,c. r,-t‘-i,n ("t} — 2-4 f g S4 . N.-,uNotI C6. — PAcq1 Kaza - I 24, P (- ttk Sf t rjv1�k t—tacti`cf Airs r } W.- r 2 YES 1/NO Does the event involve the sale or use of alcoholic beverages? _ YES ZNO Will items or services be sold at the event? If yes, please describe: IVYES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES ✓NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: __ GAS __ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security' Fo,ki-Ol --YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: 40 �J Security Organization: C .� , , .6. 1'.m 1 'I Security Organization Address: Pi) 1 O)( i597 t elite k 12)40 Security Director (Name): l 9256srtS r Phone: (big) .5i6,(-7,12/ — YES V NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: t() cii(abl-ea -Surt''''H`;le41r1 Please provide a detailed description of your PARKING plan: &II Cars +\l ICI SIC ' thAmc k rr.c41,:tSt_ 4 PI describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES ✓ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES ✓ NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES ✓ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YES ✓ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: t YES _ NO Any signs, banners, decorAtions, special lighting? If YES, please describe: C S. � r1 tL 4'u ci , rrn.f a. r elAS tn•, r . © Ps 5 5 For Office Use Only Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial 6 J .1 E. 17TH ST E.20T ST SAN IEGO DIVISION ST E. 2ND ST Fire ration National Central Pot lice MELROSE ST Sout =ay Plaza Shopping Center E. 127 ST E. 2ND ST E SRD g E. TH ST W E. nO J National DM a. 16TH ST E.17TH ST Na anal eW. A uary. Public Water MI (Spring) Tv tvJ 7LV•I I W E. 5TH ST ST E. 1. W ST E. 11TH ST g E 12TH ST E. 13TH ST E. 14TH ST 3 NORFOLK ST E. 1ST ST E.2ND ST ISE' VALLEY AL 4TH ST 800-8414489 San Diego Academy P 3 7TH ST 10TH ST 11TH ST LOTS CT Palmer Way E. 18TH ST w Z E.2ND (/1 CO CC a HARBISON WAY DIVISIO Pentecostal Missionary CHURCH of CHRIST (4th Watch) 2410 East 8th St. National City, Cal. 91950 September 25, 2001 HONORABLE MAYOR AND COUNCIL City of National City, Dear Honorable Gentlemen: Greetings in the most Precious name of our Lord and Savior Jesus Christ!!! The Pentecostal Missionary CHURCH Of CHRIST (4ei Watch) has planned a motorcade throughout the main streets of National City, as a part of our 8a Church Anniversary this coming 14`h of October. The Motorcade will be conducted on October 13, 2001 at 4:00-5:00 p.m., and if approved be escorted by State Motor Patrol. We had already submitted the Temporary Permit Form last 17th of September 2001. We are hoping and praying for the Mayor and Councilmen's godly interest of our city, and that we can work hand and hand for the real peace, love and joy that only comes from and through the Lord Jesus Christ and the Gospel. Hoping for your approval the soonest possible time. Sincely�yours in Christ, PAST dIt 1tSJE LEGASPI Head Pastor, PMCC(4th Watch) National City, CA. Tel. #(619) 474-1015/ 267-2582 cc City Managers Office Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? V Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization p al M k c- VSLDY1O1 CANMr Ckr- St Type of Organization (I Mr 4I\ (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. 1-VNo (Please proceed to Qu en 5) 3 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. ,✓ No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. ✓ No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: ✓No (P lease sign the form and submit it with the TUP Application) triz, Signat, re Date 9