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HomeMy WebLinkAbout2002 07-02 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - JULY 2, 2002 - 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 PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF JUNE 4, 2002 AND ADJOURNED REGULAR MEETING OF JUNE 18, 2002 AND REGULAR MEETING OF JUNE 18, 2002. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 7/2/02 PAGE 2 MAYOR'S PRESENTATION Art Miles Mural Project PRESENTATIONS Port Commissioner Jess VanDeventer — Biannual Port of San Diego Update INTERVIEWS/APPOINTMENTS City Boards & Commissions - Interview Recognizing expiration of seats on the San Diego County Water Authority and Sweetwater Authority and creating vacancies on both of these Boards. — Councilman lnzunza CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 2002-95 A Resolution of the City Council of the City of National City authorizing the City Engineer to permit the installation of two stop signs by the City of San Diego at Alpha/Magnus Way and Mann Avenue/50th Street. (City of San Diego, TSC Item No. 2002-15) (Engineering) 2. Resolution No. 2002-96 A Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with Chevron Products Company for installation of two groundwater monitoring wells at 105 West 8th Street along 8th Street, west of Roosevelt Avenue. (Engineering) COUNCIL AGENDA 7/2/02 PAGE 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 2002-97 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between D-Max Engineering, Inc. and the City of National City to provide engineering and environmental services for the City's Dry Weather Screening and Monitoring Program as required by the RWQCB Order 2001-01 (NPDES Permit) (Public Works/Engineering) 4. Resolution No. 2002-98 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding between the County of San Diego Housing and Community Development and the City of National City for the implementation of the San Diego County Lead -Based Paint Hazard Control Program in the City of National City. (Building & Safety) 5. City Council approval of response letter regarding the Grand Jury Truancy and Curfew Report. (Police) 6. WARRANT REGISTER NO. 51 (Finance) Ratification of Demands in the amount of $602,815.96. 7. WARRANT REGISTER NO. 52 (Finance) Ratification of Demands in the amount of $1,020,756.72. 8. Consolidated Cash and Investment Report as of April 30, 2002. (Finance) 9. Claim for Damages: Benjamin Browne (City Clerk) COUNCIL AGENDA 7/2/02 PAGE 4 CONSENT CALENDAR (Cont.) 10. Claim for Damages: Kimberly Kreutzer (City Clerk) ORDINANCE FOR INTRODUCTION 11. An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code by repealing Chapters 6.26 (Cardrooms), 6.28 (Carnivals, Circuses and Shows), 6.36 (Escort Services), 6.41 (Games of Chance), 6.42 (Bingo), 6.43 (Live Entertainment), 6.50 (Massage Establishments) and 6.58 (Peep Shows), and amending Title 10 by amending Chapter 10.26 to prohibit cardrooms, and adding Division X and Chapters 10.70 through 10.79 relating to Police regulated businesses. (City Attorney) ORDINANCE FOR ADOPTION 12. An Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code. Applicant: Community Development Commission. Case File Nos. GP-2002-1, ZC-2002-1, IS-2002-2. (Planning) NEW BUSINESS 13 Notice of Decision — Variance to allow less than required parking for an expansion of the Highlander Senior Residences at 2525 Highland Avenue. (Applicant: Joseph Bendah) (Case File No. Z-2002-1) (Planning) 14. Temporary Use Permit — National City Chamber of Commerce Heritage Days Annual Parade of Vintage Cars and Auto Show. (Building & Safety) COUNCIL AGENDA 7/2/02 PAGE 5 NEW BUSINESS (Cont.) -� CITY MANAGER --> CITY ATTORNEY --> OTHER STAFF MAYOR -* CITY COUNCIL 15. Representation of National City on San Diego County Water Authority - Councilman Inzunza 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. CLOSED SESSIONS CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 Agency Negotiators: Roger DeFratis, Captain Craig Short Employee Organization: Police Officers' Association COUNCIL AGENDA 7/2/02 PAGE 6 NEW BUSINESS (Cont.) CLOSED SESSIONS (Cont.) CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION — Government Code Section 54956.9 (a) Claim: Alejo Able Macareno Fuentes ADJOURNMENT Next Regular City Council Meeting — July 16, 2002 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 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor Memo JUNE 25, 2002 TO: CITY MANAGER I FROM: MAYOR GEORGE H. WATERS C� SUBJECT: COUNCIL AGENDA MEETING OF JULY 2, 2002 Please place this item under the "MAYOR'S PRESENTATION": ART MILES MURAL PROJECT ® Recycled Paper The Art Miles Mural Project® 4124 Pepperdine Dr. Oceanside, California 92056 (760) 758-5489 Email: Jtawfiliseaol.com July 2, 2002 Mayor George Waters & Members of the City Council National City, California Dear Mayor Waters and Council Members: This letter is to follow up to a letter previously written to Mayor George Waters and to Mr. McCune, President of the National City Mile of Cars. The Honorable Mayor was kind enough to "hear me out" in a personal meeting and to have me speak with Mr. Ruiz, Director of Parks and Recreation. I have not received a response from the National City Mile of Cars as of yet, but hope to after their next monthly meeting in July. As stated to Mayor Waters, our non-profit organization would like to offer National City the opportunity to be the representative American City participant in the United Nations Educational, Scientific, and Cultural Organizations (UNESCO) International Year of Cultural Heritage and the Decade of the Culture of Peace and Non Violence Among Children of the World. These two projects have endorsed The Art Miles Mural Project© as official projects for both the Year 2002 and the Decade (2000-2010). The project was created in 1997 with the objective of creating Global Harmony through art. Its roots stem from creating a huge mural on a bullet riddled sheet in an orphanage in Bosnia and then additional murals were added during children's programs in Avenida de los Artistas Gallery in Vienna, Austria. The Art Miles Mural Project has now grown to include the creation of three miles of children's murals, The Multicultural Mile, Environmental Mile and the Indigenous Peoples Mile, involving 440 five by twelve foot murals painted by children on canvas with acrylic paint. When completed, the project will also establish the Guinness Book of World Records for the Longest Children's Mural in the World. The Art Miles Mural Project has earned international fame and popularity and many of the murals have now been exhibited in major museums and conferences, including the Museum of Natural History in New York City. We are also creating 6 other intergenerational miles; The Peace, Unity and Healing Mile, Senior Mile, Sports Mile, Bob Marley Mile, Women's Mile and Veterans Mile. We would like to propose that The National City Mile of Cars Association (and/or other sponsors) and the City of National City consider a collaborative effort with us and other organizations on hosting an International Year of Cultural Heritage event, which I have entitled "An Awesome Twosome Cultural Exchange". We envision an exhibition and mural painting marathon take place on or near The Mile of Cars beginning at the historical landmark, e.g., the Sante Fe Rail Depot, prior to the end of the calendar year to qualify as an international event. We also suggest that you might also consider the possibility of organizing and presenting either a "Classic Car Show" and "Low Rider Show" to be hosted to further promote the event, generate sales and interest, as well as community and economic development while bringing entire families to your city during the event. The cultural aspects of this proposed promotion are uniquely American and uniquely multicultural. We recently participated in an event hosted by the Government of Mexico City where we painted 75 murals with over 1500 youths during the Vernal Equinox. The marathon was held at the Pyramids of the Sun and Moon in Teotihuacan, Mexico and included honoring and paying tribute to famed California artist, Ms. Laurel Burch. Over 1,000,000 million people attended the event and extensive media coverage was provided. Part of this proposal would be to exhibit the 75 murals as a cultural exchange and to create 75 murals to send to Mexico for exhibition. Information contained in this briefing package includes the official acceptance of our project by UNESCO, the news release announcing the selection, a list of major exhibitions, a flyer from Teotivacan, Mexico, our current schedule and timeline, and photos and promotional samples of our efforts. I did participate in a meeting with Mr. Ruiz was very positive and it appears that Kimball Park would be an ideal venue for an event. Mr. Ruiz was also kind enough, in the event that everyone supports this proposal, to suggest scheduling the event sometime in late October. I have also scheduled an appointment with Mr. Cameron, National City Superintendent of Schools on July 29t'. If it is agreed to organize this event, it would be wonderful to have a single point of contact appointed to keep the communication flow simplified. Many thanks for taking the time to allow me to present this proposal to you, the representatives of one of America's finest cities. If you should require any further information, please do not hesitate to contact me at any time. Our organization is most interested in pursuing this concept and we are available to brief any group you would like. I can be reached at the number above or on my cell phone at (909) 334-7291. Sincerely, Joanne Tawfilis The Art Miles Mural Project List of Major Mural Exhibitions (Public) American Museum of Natural History, New York City (3 times) St. Martin's Pyramids, Teotihuacan, Mexico Regional Office of East Asia (Bangkok, Thailand) Millennium Hotel New York City Mashantucket Pequot Tribal Nation Museum (10 x), Mashantucket, CT Camp Adventure, American Cancer Society, Long Island, NY United Nations Headquarters New York City Old Mission San Luis Rey, Oceanside, California Ground Zero New York City St. John the Divine School, New York City Ground Hog Day, Puxatawney, Pennsylvania Children's Museum Portsmouth, Virginia Directorio Nacional de las Artes Plasticas, Mexico City, Mexico Fox TV Studios, Tijuana and Rosarito Beach, Baja, Mexico Bristol Town Hall, Vermont Keene Town Hall, New Hampshire Vista Business Center, Vista, California Art in the Park, East Lyme, Connecticut Save the Sound, Marina and Yacht Club Stamford, Connecticut Save the Sound, Avery Point Connecticut College, Groton, Connecticut Books, Boats and Brushes, New London, Connecticut Connecticut College, New London, Connecticut Multicultural Outdoor Festival, New London, Connecticut BARD College, New York (2x) Amnesty International Human Rights Conference Conn College, Connecticut St. Lovre Katic, Solin, Croatia National Network for Youth, Marriott Hotel Washington, DC Children's Environmental Health Network, Georgetown University, Washington, DC Southdown Environmental Park, Sparta, New Jersey World Beat Center, San Diego, California Bob Marley Day, Sports Arena, San Diego, California Martin Luther King/Caesar Chavez School, San Diego, California Avenida de los Artistas, Vienna, Austria Hallamasch Street Festival, Vienna, Austria University of Victoria, Victoria, BC, Canada Katmandu, Nepal Jackie Robinson School, New Haven, Connecticut Ledyard Fair and Outdoor Park, Ledyard, Connecticut American Red Cross, New London, Connecticut Ocean Beach Park, New London, Connecticut Jack Jackter Elementary School, Colchester, Connecticut Norwich University, Norwich England Multicultural Exhibition of Art, Seychelles Tunas Hijas Club, Surabaya, Indonesia Mural Theme The Art Miles Mural Project© Timeline Projected Completion Date Peace, Unity and Healing September 11, 2001 (186 - 5'x30') Dedication — Columbia University, New York September 11, 2002 (apprx 50 murals) Planned Donation — City of New York American Museum of Natural History Environmental Mural March 1997 (440 — 5'x12') Dedication — lEARN Conference Japan July 7-11, 2003 Planned Donation — Plante Exploration Geneva, Switzerland Sports Mural July 2002 (440 — 5'x12') Dedication — 2004 Olympics Athens, Greece Planned Donation — International Olympic Committee (to be determined) Multicultural Mural March 1997 (440 - 5'x12') Dedication — Decade of the Culture of Peace And Non Violence Among Children of the World Global Peace Conference Planned Donation: Joan Kroc Institute for Peace and Justice, USD San Diego, CA Women's Mural March 2001 (440 — 5'x12') Dedication - July 13, 2002 Corona Women's Prison Planned Donation — UNIFEM/DAW/UN Indigenous Mural August 1999 (440 — 5'x12') Dedication — August 9, 2002 Indigenous Peoples Day Planned Donation — Tribal Reality Museum Hemet, California September 11, 2006 *to be continued July, 2003 June 1004 June 2005 March 2006 August 2007 Bob Marley February 2000 (440 - 5'x12') Dedication - February 2003 Bob Marley Day Concert Planned Donation - World Beat Cultural Center Balboa Park, San Diego, California Senior Mile January 2003 (440 - 5'x12') Dedication - (to be determined) Planned Donation - (to be determined) February 2008 January 2009 HeroesNeteran's Mile February 2004 Dedication - (to be determined) Planned Donation - (Latin America to be determined) February 2010 *United Nations International Year of Cultural Heritage Completed Teotichuacan, Mexico Pyramids of the Sun and Moon (75 murals, 1505 children, 1,000,000 tourists) Projected Alexandria, Egypt (confirmed) Spain (confirmed) Austria Haiti USA (National City, California) October 17, 2002 Malaysia Indonesia March 20, 2002 September 7, 2002 October 12, 2002 October 10-23, 2002 October 17,2002 October 31, 2002 December 15, 2002 December 22, 2002 **Decade of the Culture of Peace and Non Violence Among Children Projected Honduras China Brazil Ghana Cuba Bosnia and Hercegovina Mostar Bridge/UNESCO Canada file: smeinewordocjuy2 2003 5 year project 2003 2003 2003 2003 UNITED NATIONS YEAR FOR CULTURAL HERITAGE ANNEE DES NATIONS UNIES POUR LE PATRIMOINE CULTUREL Al4O DE LAS NACIONES UNIDAS DEL PATRIMONIO CULTURAL 1uJ1 o.,^{ :mil pAYI :taw FO,I KylT PHOPO HAC IE +JHN cliPr�►HH kljI lI7 O6bF4I.I HEHHbI.x HA11141 IHF AR A411 RAI PROJICI News Release for Immediate Release April 18, 2002 UNESCO retains The Art Mile Mural Project for TWO MAJOR UN Initiatives The founders of The Art Mile Mural Project, Fouad and Joanne Tawfilis who started the project in Vienna, Austria, were informed that their project has been adopted by the United Nations Educational, Scientific, and Cultural Organization (UNESCO) for two major global projects. Mr. Jones Kyazze, D. Phil, Director of the UNESCO New York Office and Representative to the United Nations notified them in a letter dated 11 March 2002, that "your contribution (The Art Miles Mural Project) is in the framework of the United Nations Declaration" for the Decade of the Culture of Peace and Non Violence Among Children of the World (2001-2010)." More than 75 Million individuals and 1800 international, national and local organizations representing more than 160 countries are already part of this movement, which will hopefully culminate with a series of global activities and hopefully a major conference during the decade. Additionally, Mdme. I. Moreno from the UNESCO headquarters office in Paris, France notified the Tawfilis' by email on April 9, 2002 that the Art Miles Mural Project has also been retained as a "fruitful contribution to the celebration of the United Nations Year for Cultural Heritage (2002)". The Art Miles Mural Project recently made history on March 20, when over 1500 children at the Teotihuacan Pyramids in Mexico created over 75 murals. Throughout the weekend over 1,000,000 visitors came to the Pyramids and were able to view the work by children from Mexico City's 75 school districts. It is expected that the mural project will now travel to different countries and national landmarks between now and the end of December 2002. As an official UNESCO project, the mural project continues to draw large crowds and international media attention wherever it travels. One of the future sites currently being discussed for the International Year of Cultural Heritage and for the Decade of the Culture of Peace is located near the Mostar Bridge in Croatia, a centuries old stone bridge, destroyed in the Balkans conflict. The bridge is being reconstructed by UNESCO and has been known throughout all past conflicts as a symbol of peace and unity. Children from that region have asked UNESCO to bring The Tl IE AIZT A/111 i f?/\L T'RC?JECY© Art Miles Mural Project to Croatia to help unify communities and promote "healing" in this post-war era. The Tawfilis's are trying to organize a major Intarnational participation in the project and encouraging all 86 countries that lost citizens on September 11, to develop a mural as a part of both UNESCO observances. There attributes the success of The Art Miles Mural Project to the hundreds of dedicated people and thousands of children who love this project almost as much as they do. There are currently 3 children's miles and 4 intergenerational miles being created. The children's murals will be completed by May of 2003 and donated to major international museums. The fourth mile, and very important part of both UNESCO observances is the Peace, Unity, and Healing Mural Mile, largely inspired by Mark Princevalle and Ron McKeown formerly of the Southeastern Connecticut Chapter of the American Red Cross. It was their response to a request by Tawfilis for assistance to work together in an effort to support the ARC's mandate, "to mitigate pain and suffering as a result of the September 11 tragedy." Some of the completed murals have been exhibited in several major venues including at Ground Zero with Miss Teen USA, the American Museum of Natural History in New York City, and in Vista, California (the city of murals), and most recently at the Millennium Hotel in New York during a major UNA-USA conference. Plans are underway to collaborate on a major international exhibition of the murals at Columbia University in New York City on September 11, 2002. Peace, Unity, and Healing Murals continue to arrive from many parts of the United States and other countries. For further information please contact: Carmen Oulahan or Joanne Tawfilis at (860) 437-3924 or via email: coulahanedi@hotmail.com or Jtawfilis@aol.com Fouad Tawfilis 43-1-69910206283 avenida@netway.at The Art Mlles Mural Project© "A Guinness Book of World Records" Record Setting Project The Multicultural Diversity Mlle is the first in a series of mural paintings created by children as a means to promote peace and understanding among children and cultures from all over the world. Fouad and Joanne Tawas created the project in 1997 when they decided to do something that would teach children understanding and respect. Each Mural Mile consists of 440 twelve by five foot acrylic painted murals that will be joined together to establish the Guinness Book of World Records for "The Longest Children's Mural in the World". The Environmental Mile was birthed as a result of the Tawfilis' participation in the United Nations Environment Program Millennium International Children's Conference (ICC) on the Environment held in Eastbourne, England in 2000. This mile will be donated to the first Children's Environmental Museum, Planete Exploration, now under construction in Geneva, Switzerland. The Indigenous Peoples. Mile was inspired by the splendor of the Mashantucket Pequot Tribal Nation "Schemitzun", or the Celebration of the Green Corn Dance. Schemitzun is one of the biggest, most colorful, beautiful Pow Wows in the world. The goal is to help Indigenous People and Communities worldwide to develop a "living monument" to their rich cultural heritage and inextricable environmental ties with nature. The Women's mile will celebrate the commemoration of International Women's Day which is officially observed every 8th of March. We will create murals painted by and about women and the Beijing Platform for Action. This mile will represent the "clan" of thousands of hearts and souls —their joys, sorrow, pain, successes, highs and lows...but most of all, LIFE. As we travel through the gardens and the jungles and where weep go to weep or wherever it is they go to let their spirits fly, to the shelters that protect them from vengeance and despair to the labor rooms and bedrooms where midwives eek out life's first breath. We hope to complete this mile in 2005. The Senior Mural Mile Wisdom- Experience -Journeys -Memories Are traits that stimulate one's mind when reflecting back or looking forward to a lifetime of journeys. Vivid and fading memories can be captured in this mural mile. Let us seek out the sages, the wisdom that only life and experience can bring and share the memories and pages of each elder's most memorable. The Peace, Unity, & Healing Mile was launched in honor of those affected by the tragedy of September 11, 2001. This inspirational "Healing Mile" will consist of 186 special 30-foot long murals that are being created all around the United States and the world The difference between this mile and the others is that all age groups are creating the "Healing Mile". It is our hope that these murals will be presented to and completed by New Yorkers as a tribute to the workers, families, survivors, and Great Spirit of their fellow citizens. The first unveiling of this project promises to be a moving and very dignified tribute to the 86 countries who lost citizens on that fateful day. you can create a mural! Organize a group and create a mural and be part of this incredibly fun project! All you have to do is take a look at the website for tips on how: http://www.kids.state.ct.us/spotlight/mural/howto or: httu://www.papaink.org (Non Profit Sponsored Gallery The Art Miles Mural Project) Contact Joanne Tawfilis at the World Beat Center, San Diego (760) 758-5489 or (909) 334-7291 or Email: Jtawfilis(7a,aol.com, as well as contacts listed on the website nearest you to add your name or group to the list of registered participants. The United Nations Education, Scientific, and Cultural Organization have accepted the Art Miles Mural Project as an official project for the UN International Year of Cultural Heritage (2002) and the Decade of the Culture of Peace and Non -Violence Among Children of the World Three other miles are also being organized — The Bob Marley Mile, the Heroes Mile, and the Sports Mile. united nations educational, scientific and cultural organization organisation des nations unies pour I'oducation, la science et la culture NYO/DIR/02/cd/90 11 March 2002 Dear Ms. Tawfilis, I am pleased to have learned about the good work you are doing for the International Decade for a Culture of Peace and Non -Violence for the Children of the World (2001-2010), for which UNESCO is the lead agency. Your contribution is in the framework of the United Nations Declaration and Programme of action on a Culture of Peace (see Resolution A/RES/53/43 reprinted at httpJ/www3.unesco.org/rycp/kits/uk res_243.pdf) which provides the basis for the Decade. To support the Decade, UNESCO has developed an interactive web site which consists of a public web site (<www.unesco.org/cp).) directly updated by the actors of the Decade with information on their activities related to a culture of peace: they register the information themselves through a private web site (<www.unesco.org/cptec>) accessible with a personal Internet Account Number (IAN). More than 75 Millions of Individuals and 1800 international, national and local organizations representing more than 160 countries are already part of this web site which gives a visibility to the existing local, national and international Culture of Peace movements: it allows the actors to promote their initiatives and to exchange information and resources with each other for a better interaction (see in particular the « Exchange Market of Resources »: http://www3.unesco.orgfrycp/uk/uk_sum_bourse.htm). We have created an IAN for your organization (NGO/USA/100/FNA). This means that you now have a personal information board on the culture of Peace public web site which allows you to promote all your activities that contribute to a culture of peace. We invite you to complete and update this information board whenever necessary, using your IAN at the Website httpJ/www.unesco.org/cptec. Please find attached at the end of this e-mail, a user's guide as well as the "Ethical Charter for participation in the Culture of Peace Websites". We remain at your disposal should you meet any difficulty or need any assistance in using the Culture of Peace websites and we wish you the best in your development of related activities within the framework of the Decade Yours truly, Jones Kyazze, D. Phil. Director UNESCO New York Office Representative to the United Nations Art Miles Project Joanne Tawfilis 15 Blackhall St. New London, CT 06320 0 I h"wrl Netlinnn Phew Norm Vrrk MY 1M17- Mg I9191 "Il7dY""* Far IP191 GM17 .I11111. Frram0. .wwnmr4Srmwwrr, nrn ACTIVITY SUMMARY FOR PERIOD NOVEMBER 1, 2001- JUNE 30, 2002 PRESENTED TO: HONORABLE MAYOR GEORGE WATERS & THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PRESENTED BY: JESS VAN DEVENTER, COMMISSIONER SAN DIEGO UNIFIED PORT DISTRICT REVIEW ITEMS 1. N.C. Marine Terminal Wharf project — update. 2. National City marina update. a. DBAW loan approved for $11 million b. Groundbreaking Jan 16, 2002 3. Resolution on June 4 to reaffirm the Board's decision to decommission the N.C. Tank Farm 4. San Diego Convention Center & Baseball stadium parking 5. Hotel development update a. Campbell Hotel b. Hyatt Hotel c. Spinnaker Hotel 6. Airport update 7. Port General Services Facility groundbreaking ceremony on May 29 9. National City Bay Clean -Up on June 1 was another great success!! 10. New Ethics Policy 11. A-8 Anchorage — Status of live-aboards and floating structures on San Diego Bay To: From: Subject: San Diego Unified Port District MEMORANDUM INFORMATION JUN-2 12002 Date: June 21, 2002 COMMISSIONER JESS E. VAN DEVENTER ROY NAIL Asset Manager, Real Estate Development National City Marina/Department of Boating and Waterways (DBAW) Loan Request On June 18, 2002, the Board of DBAW approved the District's loan request of $1 1,000,000 for the National City Marina. The following is the chronology and salient information relative to the loan request: • May 16, 2000, District Resolution 2000-95 authorizes District to submit a loan request to DBAW for $7,100,000. • June 4, 2002, District approved increasing existing loan request from $7,100,000 to up to $12,000,000. • Board authorization of loan request does not obligate District to borrow funds. • Future Board approval will be required to authorize execution of loan documents. • District issued Requests for Proposals (RFP) in 1998 and 1999, and a Request for Qualifications (RFQ) in 2000, for developing and operating the National City Marina. The RFP's and RFQ did not result in consummating a ground lease because developer investment return requirements were significantly higher than the projected returns. • A budget of $8,400,000 had been established for the marina basin, including a $3,000,000 contribution from National City. Engineering staff is currently updating the project estimate for construction of the basin. The revised estimate is expected to be greater than the current budget. Cost increases are the result of design changes to deepen the basin to — 11 feet and constructibility issues associated with inefficient dredging operations. #15516v1 Page 2 June 21, 2002 Subject: National City Marina/Department of Boating and Waterways (DBAW) Loan Request • The loan may insure that adequate funds are available to construct the marina if it is not developed privately. Loan Details: • 4.5% fixed interest rate amortized over 30 years with deferred payments for 36 months from the first draw of each loan. • The loan if exercised is anticipated to fund in three phases (three loans) as follows: Phase 1 $1,300,000 in fiscal year 2001 /2002 Phase 2 $4,031,000 in fiscal year 2002/2003 Phase 3 $5,669,000 in fiscal year 2003/2004 Funding approval of Phase 1 occurred at the June 18, 2002 DBAW Board meeting. Funding of Phase 2 and 3 are contingent upon available DBAW funding, and will require DBAW Board approval. The DBAW loans, if exercised, require the District and the City of National City to invest $7,214,000 of equity in the project. The $7,214,000 includes a $3,000,000 contribution by the City of National City. The District's contribution of $4,214,000 is currently available and takes into consideration encumbered contracts on the project. The National City Marina rents will act as collateral for the loans. The DBAW loan offers very competitive terms; and may ensure that adequate funds are available for the District to complete the marina project if the private sector does. not act as a developer of the project. ROY NAIL Asset Manager Real Estate Development RN/cw CC: Board of Port Commissioners #15516v1 04/16/02 15:47 FAX 619 686 6555 SDUPD CLERK'S OFFICE 4 COMM VANDEVE (R') CM001/001 Port of San Diego Media Release Discover what's in it for you. www.portofsandiego.org Contact Rita Vandergaw (619) 686-6388 Diana Lucero (619) 686-6388 NEW MARINA'S PLANS SETTING SAIL Construction of National City Marina to begin soon (San Diego -January 16, 2002) The Port of San Diego and the City of National City celebrated the groundbreaking today of the future National City Marina. Port Chairman Stephen P. Cushman, Commissioner Jess Van Deventer and Mayor George Waters spoke at a ceremony marking the beginning of excavation of the marina basin and entrance. Later they broke ground on the vacant land which will soon transform into an estimated 234-slip marina basin. Situated on a 20-acre parcel that has been designated for both commercial and recreational use, the marina development has been eagerly awaited by the City of National City and has been a vision of National City's Mayor George Waters for over 10 years. "The development of the National City Marina and its proposed commercial and recreational facilities will not only be an economic boost to National City's economy, it will beautify the waterfront and make it more accessible," said Jess Van Deventer, National City's representative on the Board of Port Commissioners. Currently the marina basin is in the design phase and a developer has not been selected. Requests for proposals will be advertised in April of this year, with construction set to begin in June or July. The manna basin project should take about a year to complete. The first phase of this project, the top soil excavation and removal, will begin January 21. The estimated cost of this project is $15.5 million, This includes excavator of the marina basin and marina and landside improvements that are based on a conceptual design. Last year the Port of San Diego financed the Marina Way street extension in National City to improve bay access to the public and to make the area more attractive. "The Port of San Diego is committed to its pledge that all member cities will share equitably in tideland Improvements," said Stephen P. Cushman, Chairman of the Board of Port Commissioners. "This is just one example of how the Capita; improvement Program works for our five cities." # # # DOCS # 7225 San Diego Unified Port District To: BOARD OF PORT COMMISSIONERS From: M. CHRISTINE ANDERSON Chief Operations Officer Subject: CAL -ISO Demolition Approval INFORMATION JUN 1.4 2002 Date: June 13, 2002 Staff contacted the representative from CAL -ISO this week to ascertain the status of the approval for demolition of the National City Tank Farm. Staff was advised that the letter approving demolition has been drafted and is awaiting final signature. Apparently there is a 60-day period allotted for FERC review which CAL -ISO may be able to override. We do not have an indication yet from CAL -ISO regarding the FERC review time period. We will keep you apprised of progress on this issue. #15210 vl - CA1 ISO approval - National City Tank Farm SAN DIEGO UNIFIED PORT DISTRICT MEMORANDUM June 13, 2002 To: Board of Port Commissioners From: David erector, Environmental Services SUBJECT: NATIONAL CITY TANK FARM INORMA.F IoN JUN 2 4 2002 /� The purpose of this memo is to provide you with a response to a comment made by a member of the public at the June 4, 2002, meeting of the Board of Port Commissioners. At that meeting, during public comment regarding the National City Tank Farm, Michael Shames of the Utility Consumer's Action Network stated that staff's report was seriously flawed and misleading. When the Board requested that he elaborate on his concern he stated that, although it was not material to the recommendation, the agenda report prepared by staff inaccurately represented the content of a California Energy Commission's (CEC) 1996 report by Dr. David Rohy entitled "California Gasoline Prices." Staff has reviewed the agenda report and the CEC report and finds that the agenda report was accurate. Further, Dr. Rohy, the author of the CEC report, concurs that our representation was correct. Following the June 4, 2002, Board meeting, staff spoke with Michael Shames. He agreed that the National City location was not an ideal place for a tank farm and was encouraged by our desire to engage in regional discussions related to gasoline issues. DM/WHH/Ir cc: Chris Anderson File: NCTF S:/WHH/NCTF/shamesnctfmemo We're Breaking New Ground... The Port of San Diego cordially invites you to attend a groundbreaking ceremony for the new General Services Facility. Wednesday, May 29, 2002 10:00 a.m. Directions: 1--5 south to Bay Marina Drive exit. ''[urn right on Bay Marina Drive and right on 'tidelands Avenue. 1400 Tidelands Avenue National City refreshments will be served Port of San Diego Discover what's in it for you. Please R.S.V.P. by May 24 (619) 686-6466 Jess VanDeventer Commissioner Port of San Diego P 0 Box 120488 San Diego CA 92112-0488 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor June 25, 2002 Ms. Lydia Delos Santos C/o Kimball/Morgan Senior Towers 1317 D Avenue, #814 National City, CA 91951-0055 Dear Ms. Delos Santos: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, July 2, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEOR E H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission ✓ Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner aara Name: :9L'�l-ES S4FE I oS (Last) Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee L-V((7iA! Birth Date 4 'T'/L. T I (Fi t) (Optional)' Home Address: / Y Z /" q//L W Yi 3 l / P/v q-(_ - C / ��. g/ Telephone: Residence Y �'f 1/ VE % /" U ( 133) Business/Work ( f f Jk et- lit'b)) NUMBER OF YEARS OU IIA LIVED IN: j CALIFORNIA? Sr 1,16 C /S A)IEGO COUNTY? NATIONAL CITY? /.?.-X,C S ARE YOU A REGISTERED VOTER: YES l� NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: . Related Professional or Civic Experience: AiiO ( Nlorec'As(rt4 l%N/h P7zsirCr174{ qL , A. PPiy�5 Please indicate below any further' information that will be of value regarding your service on the above named boards, committees or commissions: / $P' CctXrc r/ILK /2t_/lc< tZ Cr T,/C '�Aui ALL t,C1 s / v A/'l s i.4 F C/A % i ['/v ( ((j77 t'' A r 4 lU} ( iz CriVI 2 5 :Le t Is DATE: , it( IJ,p Vt.:, 2 t'G f- YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 City of National City Office of the City Council 1243 National City Boulevard, National City, CA 91950 NICK INZUNZA • Vice Mayor (619) 336-4231 DATE: June 28, 2002 TO: Mayor and City Council FROM: Nick Inzunza, Vice Mayor SUBJECT: VACANCIES ON WATER BOARDS To recognize expiring seats on the Sweetwater Authority and the San Diego County Water Authority Board and creating vacancies on both these boards. ® Recycled Paper ;EETING DATE July 2 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 1 ITEMTITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO PERMIT THE INSTALLATION OF TWO STOP SIGNS AT ALPHA/MAGNUS WAY AND MANN AVENUE/50TH BY CITY OF SAN DIEGO (CITY OF SAN DIEGO, TSC ITEM NO. 2002-15) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION The intersection of Alpha/Magnus Way and Mann Avenue/50th Street is within the City of San Diego, except for the south leg (Mann Avenue - see attached location map). The City of San Diego has received a request from the community for the installation of "STOP" signs. They have evaluated the intersection and it meets their warrants for the installation of the sign. The City of San Diego is requesting that they be allowed to install the sign on Mann Avenue (within National City). It is recommended that the "STOP" signs be allowed, providing that the City of San Diego does the installation and maintenance. ♦ Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDAT NWJ— Adopt the Resolution with the recommendation hat the stop signs be allowed providing the City of San Diego does the installation and maintenanc BOAR / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of June 12, 2002, approved the stop sign installation at the intersection of Alpha/Magnus Way and Mann Avenue/50th Street by the City of San Diego. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2002- 95 A-200 (9;99) alpha RESOLUTION NO. 2002 — 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO PERMIT THE INSTALLATION OF TWO STOP SIGNS BY THE CITY OF SAN DIEGO AT ALPHA/MAGNUS WAY AND MANN AVENUE/50TH STREET (City of San Diego, TSC Item No. 2002-15) WHEREAS, the intersection of Alpha/Magnus Way and Mann Avenue/50th Street is within the City of San Diego, except for the south portion which is within the City of National City; and WHEREAS, the City of San Diego has received a request from the community for the installation of stop signs at that location and has determined that the intersection meets their requirements for stop signs; and WHEREAS, the City of San Diego has requested that the City of National City allow San Diego to install stop signs on Mann Avenue which is within National City; and WHEREAS, at its meeting on June 12, 2002, the Traffic Safety Committee approved installation of stop signs by the City of San Diego on Mann Avenue at Alpha/Magnus Way within National City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to permit the installation of two stop signs by the City of San Diego on Mann Avenue at Alpha/Magnus Way. PASSED and ADOPTED this 2nd day of July, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 12, 2002 ITEM TITLE: REQUEST TO PROVIDE A 2-WAY STOP CONTROL AT THE INTERSECTION OF ALPHA STREET/MAGNUS WAY AND MANN AVENUE/50TH STREET (BY: CITY OF SAN DIEGO, TEL NO. 533-31951 PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: The intersection of Magnus Way/Alpha Street and Mann Way/50th Street lies mostly within the City of San Diego, however the south-east leg is in the City of National City (see attached location map). The City of San Diego has received a request from the community for the installation of "STOP" signs at this intersection. They have determined that the intersection warrants "STOP" signs. The City of San Diego is now requesting that they be allowed to install a "STOP" sign at Alpha Street and Mann Avenue. STAFF RECOMMENDATION: It is recommended that the stop signs be allowed providing that the City of San Diego does the installation and maintenance of them. EXHIBITS: 1. Letter 2. Location Map 2002-15 TR 261,171 May 23, 2002 This is a follow-up report to Route Slip #04-0302-028 regarding Deputy Mayor Stevens' request to install stop signs at the intersection of Magnus Way/Alpha Street and 50`' Street/Mann Avenue. Please note that the border between the City of San Diego and the City of National City passes through this intersection. Magnus Way and the westerly portions of 50' Street and Mann Avenue; are in the City of San Diego, while Alpha Street and the easterly portions of 50' Street and Mann Avenue are in the City of National City. Our evaluation determined that the intersection met the criteria established in Council Policy 200-08 for stop signs facing southbound traffic on 50' Street and facing northbound traffic on Mann Avenue. Adam Landa of the City of National City gave permission for the City of San Diego to install a stop sign on Mann Avenue, which is within the jurisdiction of the City of National City. We will notify Deputy Mayor Stevens and the Southeastern San Diego Development Committee before proceeding with installation of the stop signs. 71140/ Ahmed E. Aburahmah 533 -' 1 Senior Traffic Engineer JDT/CMS:sg cc: Deena Smith, Associate Engineer, Street Division — 521., 1 R,anda, Assistant Civil Engineer, Engineering Department, City of National City Sonia Oraciano - RS2140.wpd Page 1 Ffv^Try/-ERAD 0 ram. on �° ,ng,�, �ROUTE Citizens AssistanceJJ SLIP ROUTE SLIP NUMBER: " N...4 , ! E p•� 04-0302-028°aq---._ _ � City of San Diego DATE ROUTED: 3/19/02 DATE DUE: 4/17//02 APPROVED EXTENSION DATE: ORIGINATING OFFICE: Council District 4 t STAFF: Ron E. Lacey (RS214) PHONE: 236-6644 LEAD RESPONDING DEPT. Trans/TE OTHER RESPONDING DEPTS.: FULL NAME OF CITIZEN MAKING COMPLAINT OR INQUIRY: Deputy Mayor George Stevens ADDRESS OF CITIZEN: ZIP: 92114 WORK TELEPHONE: HOME TELEPHONE: SPECIAL INSTRUCTIONS TO DEPARTMENTS: SUBJECT OF COMPLAINT OR INQUIRY: Stop Signs/Road Humps -. TYPE X 0 to OF RESPONSE: Send two copies of your reply to Citizens Assistance for forwarding to the originating office. Mail department letter directly to citizen, and send two copies Citizens Assistance for forwarding to the originating office. DETAILS at agreed Engineering starting and OF THE COMPLAINT OR INQUIRY: Deputy Mayor Stevens Kals e trp Eoorc lnni t2ig- 6 g. si s placed the intersection of 50th St./Magnus Way/Alpha St/ Mann Ave. wrt the un8erstanding thatNational City has to assist in putting Stop Signs on the streets that are under their jurisdiction -contact: (Adam Lender @ Traffic -National City, 619-336-4394). Also the community is requesting Speed Bumps on Wyconda Way, at 1364 Wyconda Way and ending at 50th Street. Could the appropriate department investigate this matter report back to this office as soon as possible? OK/DC DEPARTMENT • • and/or RESPONSE: Reply below and/or on attached sheets. Operational changes may be considered instituted as a result of this inquiry. Details are included in response. Department ate: illAttached to . provision File No.: see copies of letter sent citizen. Council Policy, City Charter or ordinances were DETAILS OF DEPARTMENT'S RESPONSE: a ..-`It :. .. c <''� _ , ,roc r,iC (, i , ,�.._._. ./ • —/) Rpernnco by nppt /Phnnp• ,EETING DATE July 2, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 2 (-ITEM TITLE RESOLUTION APPROVING AND AUTHORIZING THE RECORDATION OF AN" ENCROACHMENT AGREEMENT WITH CHEVRON PRODUCTS COMPANY FOR INSTALLATION OF 2 GROUNDWATER MONITORING WELLS AT 105 WEST 8TH STREET ALONG 8TH STREET WEST OF ROOSEVELT AVENUE PREPARED BY James Slade DEPARTMENT Engineering EXPLANATION See Attached Explanation 2 CEnvironmental Review X N/A Financial Statement N/A STAFF RECOMMENDATIO Adopt the Resolutio BOARD I CO MISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below } Encroachment Agreement Resolution No. 9009-96 A-200 (9/99) 105 EXPLANATION: Chevron Products Company the owner of the former Chevron Service Station No. 9-8225 located at 105 West 8th Street is seeking an encroachment agreement to install 2 groundwater monitoring wells within the public right of way on 8th Street West of Roosevelt Avenue in order to monitor the potential presence of total petroleum recoverable hydrocarbons [(TPHg), Benzene, Toluene, Ethylbenzene, and Xylenes (BTEX) and Methyl-Tert-Butyl Ether (MTBE) impacted soil and groundwater]. The installation and well monitoring shall be performed by West Hazmat Drilling Corporation 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 4" diameter PVC casing within an 10" sand and bentonite grouted boring with a total well depth of 30 feet, completed with a flush mount security vault and locking cap. A Faithful Performance Bond in the amount of $2,000.00 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 traffic loop repair, street resurfacing, restripping and any required well head adjustment. RESOLUTION NO. 2002 — 96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH CHEVRON PRODUCTS COMPANY FOR INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 105 WEST 8TH STREET ALONG 8TH STREET, WEST OF ROOSEVELT AVENUE WHEREAS, on July 2, 2002, the matter of an encroachment permit was presented to the City Council by the applicant Chevron Products Company for the installation of two groundwater monitoring wells within the public right-of-way along at 105 West 8th Street along 8th Street, west of Roosevelt Avenue; 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 with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement," executed by Chevron Products Company and directs the City Clerk to record the same. PASSED and ADOP 1ED this 2nd day of July, 2002. George H. Waters, Mayor AT TEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, IlI City Attorney CHEVRON LAW DEPT Jun-25-02 03:58P 714 671 3442 06/27 '02 08:25 NO.411 02/02 P:02 _ FEE: S200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (horeinaller referred to us "CITY") to install and maintain groundwater monitoring welly described in Exhibit "A" in West 8th Street between Hoover and Roosevelt at the locations specified in Exhibit "8 for the use and benefit of OWN 1 E, eovenants and agrees as follows: l . Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2, '111c said building or structure shall be maintained in a safe and sanitary condition at the solo 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 shaf 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 rtanoval or relocation to be done at OWNERS 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 far the prompt completion of well drilling, installation, removal. abandonment and all appurtenant of eratione, including subsequent street resurfacing, a:striping, 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 OW N ER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify: defend, and hold harmless CITY, and its officers, agents and employees front all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWN1 R'$ entry upon and use of CITY's easement or right-of-way, (i. 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. In lieu of insurance coverage. OWNER maintains a self-adminLstered claims program with respect to ita• duties hereunder. OWNER has met the insurance requirements of Section 6 by providing the City with the statement of self-insurance attached as Exhibit "C" to the 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 endorcements 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 West of 8th Street between Hoover and Roosevelt Avenue, 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 West 8th Street between Hoover and Roosevelt Avenue prior to 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 West 8th Street between Hoover and Roosevelt Avenue 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 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 or repair or replacement of said substructures shall be solely 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 until the County of San Diego, Department of Environmental Health, Site Assessment and Mitigation Program has issued approval to remove the wells. 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, successor in interest, or assign shall notify the CITY in writting 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 equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 20. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and 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 extend of ground water and/or soil contamination, if any. Dated pul t°� 6, zoo& Person in Responsible Charge (Print Name 24 hr. Phone Number CS'ib S) 45O . \ et 01.O V ()Me_ Firm PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED OWNER/APPLICANT N.A.Norris ' rinted Name & Signature 145 a ,S Ai rjr\Y (b1q) L.}�j(-- E)14C (ett Mailing Address tL) L it-3aDO Phone Number P.S. Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2 enchal 1 ALL PURPOSE ACKNOWLEDGEMENT } STATE OF CALIFOE3IIA } SS. COUNTY OF r�tin • On j I t Me. 'Z O O2 before me, r(o rr) n I A o-tar y cc b �i personally appeared AL A. /v e r r( personally known to me (0v-waved 1 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged- to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature FLO NIERMANN Commission If 1220056 Z Notary Public - California Orange County MyCanm. Expires Jun 16, 2003 (This area for official notarial seal) 4/94 Rac.Form 6811 EXHIBIT "A" HOT PATCH SURFACE COMPLETION (APPROXIMATELY 2-3 INCHES THICK) INTERNATIONAL INCORPORATED 2655 CAMINO Of RIO N., ;U111 302 OW ii pw4 iA'\' !1°;;II. (,A 921(0K 36-INCH MIN. 12-INCH DIA. FLUSH MOUNTED WELL BOX - FL. USN 4/tTI4 STR.6ET i;FAcE CONCRETE BENTONITE GROUT 10 INCH DIA. BOREHOLE 4 INCH DIA. SCH 40 PVC NO. 3 SAND N o-r To S cn Lg. \f & ST $-Fh Stk.E& r NATIONAL C. cry "C'ee =n MONITORING WELL CONSTRUCTION ALLEY 14 PROPOSED AIR SPARCE nT,TOLD UTUTY VAULT N A DUMPER POSTS (WRIER ELECTRICAL TNOUrrRING O COMMPPOUND METER PEDESTALS WITH BUMPER POSTS 0 F W W ICI LEGEND: ENCLOSURE EQUIPMENT UNE 61.e5 Fr. WIWIRTP PROPOSED FACILDY (D.BAD SO.rr.) (E)PPDi PROPOSED REMEDMTNIN COMPOUND mpm TROUT' ENCLOSURES CENTERLINE OF TRENCH ..A DISPENSERNR Q WATER JIB TRASH ENCLOSURES ERt! UNE 284,14 rI (E)PP. o-(E) IR WE r-L / — — / ROOSEVELT AVENUE B Existing Groundwater Monitoring Well ♦ Air Spargc Well ® Vapor Extraction Well • Dual Completed AS/VE Well Centerline of proposed trench - ' Proposed Groundwater Monitoring Well 0 Underground traffic loops Underground water service Underground sewer service Underground gas service Overhead utilities Underground telephone service Direction of traffic PROPERTY UNE ]6.78 W. A(E)PP EXHIBIT °° C" ° NUMBED 0381-A STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR CERTIFICATE OF CONSENT TO SELF -INSURE Chevron U.S.A. Inc. (a PA corporation) THIS IS TO CERTIFY, That Subsidia! of ChevronTexaco Corporationhas complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self -Insure. This certificate may be revoked at any time for good cause shown.* EFFECTIVE: or • Januery 19 34 MARK B. - AS"HCRAP ° Revocation of Certificate. —"A certificate of consent to self -insure ma be revoked by the Director of Industrial Relations at any time for good cause after a hearing. Good cause inoludes, among other things, the impairment of the so vency of such employer, the inability of the employer to fulfill his obligations, or the practice by such employer or Ills agent in charge of the administration of obligations under this division of any of the following: (a) Habitually and as a matter of practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings against the employer to secure the compensation due; (b) Discharging his compensation obligations in a dishonest manner: (c) Discharging his compensation ononcompliance arenations in s chha mannere Californiastocause Administrative to the pu a oGr those up 2—Administrationealinwith."of (SeSelfction 3702 of Labor Code.) The Certificate may be revoked for 8 Supercedes Certificate No. 0381-A issued to Chevron U.S.A. Inc. Subsidiary of Chevron Corporation DEPARTMENT OF INDUSTRIAL RELATIONS OF THESTATE OF CALIFORN IA STEPHEN J SMITH C.R[CTOII VONt4s,..... 10 A 87 46547 IEETING DATE July 2, 2002 City of National City, California COUNCIL AGENDA STATEMENT 3 AGENDA ITEM NO. /ITEM TITLEA RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING AN AGREE- MENT BETWEEN D-MAX ENGINEERING, INC AND NATIONAL CITY TO PROVIDE ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE CITY'S DRY WEATHER SCREENING AND MONITORING PROGRAM REQUIRED BY THE RWQCB ORDER 2001-01 (NPDES PERMIT) PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering EXPLANATION See attached explanation. CEnvironmental Review X N/A (-Financial Statement Approved Vff19 The total Not -To -Exceed Amount is $24,000. The funds are avail.: - in Ac ount No. 001-422-000-299 >STAFFtRECO Adopt the Resol tio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement (3 copies) Finance Director Account No. Resolution No. 2002-97 A-200 (9/99) EXPLANATION: Starting in the summer of 2002, each copermittee shall conduct a specific field screening program in accordance with the new permit Order No. 2001-01. The permit requires each copermittee to implement an Illicit Discharge Detection and Elimination Component. One of the requirements of the Illicit Discharge Detection and Elimination Component is to conduct the dry weather analytical field screening and monitoring of the City's storm drain outfalls. The scope of work includes the following items: • Conducting a round of dry weather field screening program during the summer of 2002. • Conducting upstream investigations at the sites with signs of illegal discharges/illicit connections. The City Of National City has ongoing contracts with BDS Engineering, Inc. and Tetra Tech, Inc. to provide, as needed engineering and environmental services for the City's Capital Improvement Program. Staff has considered these two consulting firms, but also considered D-Max Engineering, Inc., based upon their experience and ability to perform the City's dry weather screening and monitoring program. D-Max Engineering firm has performed the City's dry weather screening program for the last six years, under the old permit 90-42. D-Max Engineering has produced outstanding work in accordance with the previous permit. This firm is familiar with the City's storm drain outfalls, and the new permit requirements relevant to the various special engineering and environmental disciplines. Staff requested a proposal from D-Max Engineering to perform this year's program and found their submittal in compliance with the requirements of Permit Order No. 2001-1. Based upon the staffs review, D-max Engineering firm is the most qualified by experience to perform the work desired by the City. We recommend that a contract be awarded to D-Max Engineering Company for the total Not to Exceed amount of $24,000 to conduct the City's dry weather analytical field screening and monitoring program for this year. Attached is the City's completed Standard Agreement form, which includes the detailed scope of work. RESOLUTION NO. 2002 — 97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN D-MAX ENGINEERING, INC. AND THE CITY OF NATIONAL CITY TO PROVIDE ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE CITY' S DRY WEATHER SCREENING AND MONITORING PROGRAM AS REQUIRED BY THE RWQCB ORDER 2001-01 (NPDES PERMIT) WHEREAS, the City desires to employ a contractor to conduct a dry weather screening for the National Pollutants Discharge Elimination System (NPDES) Program; and WHEREAS, the City has determined that D-Max Engineering, Inc. is a professional engineering firm and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City herebyauthorizes the Mayor to execute an agreement with D-Max Engineering, Inc. to conduct a dry weather screening for the National Pollutants Discharge Elimination System (NPDES) Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of July, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney IGI AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this July 2, 2002 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-MAX ENGINEERING, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to conduct a Dry Weather Field Screening for the National Pollutants Discharge Elimination System (NPDES) program, as described in Exhibit "A" (Scope of Services). WHEREAS, the CITY has determined that the CONTRACTOR is a professional engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in Revised 52000 good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Arsalan Dadkhah thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The cost shall not exceed $2,100 (Taskl), $17,000 (Tasks 2, 3, 4 and 6), and $4,900 (Task 5) for the work described in Exhibit "A". The total cost for all work described in Exhibit "A" shall not exceed the Base amount of $24,000 without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". The schedule shall be effective from the date of this agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Revised 5/2000 The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, 3 Revised 5/2000 and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 4 Revised 5/2000 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised 5/2000 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional Liability Insurance with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. volunteers. 6 Revised 5/2000 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a 7 Revised 5/2000 reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Burton S. Myers Public Works Director/City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Arsalan Dadkhah, Project Manager D-Max Engineering, Inc. 8380 Miramar Mall, Suite 222 San Diego, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before 8 Revised 5/2000 the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit "A"- Scope of Services Exhibit "B"- Cost Proposal Exhibit "C"- Project Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 9 Revised 5/2000 H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in. the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of ° such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Contractor) (Two signatures required) By: By: George H. Waters, Mayor (Name) #irsa/as a a/A 1 ''�!'ii+�ar�P�yd• / (Title) APPROVED AS TO FORM: By: George H. Eiser, III (Name) City Attorney (Title) 10 Revised 5/2000 EXHIBIT "A" SCOPE OF SERVICES The objective of this program is to detect and eliminate illicit connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of human activities on receiving water bodies. We propose to conduct one round of field screening during the dry weather period of 2002 in accordance with the requirements of the RWQCB Order No. 2001-01. Task 1. Selection of Field Screening Sites The City had selected ten monitoring station for the 2001 dry weather field screening program. This task will include assessing the existing dry weather stations, selecting appropriate sites for the monitoring stations, and examining the other areas of the City for selecting new sites. The assessment will be based on the drainage basin, land use, critical locations, and previous history. Selected sites will be grouped into primary sites and alternate sites. Field reconnaissance will be conducted to determine the feasibility of the selected dry weather sampling stations. Task 2. Field Screening Task 2-1 Conduct Visual Observations. Visual observation is critical to the success of the field screen and may be the best source of information for many site visits. At each site, the visual observations will be recorded. Visual observations include looking for evidence of dry weather flows such as staining, corrosion, sediment, surrounding vegetation, algae, mosquito larvae, insects, rodents and other animals in the vicinity of the outfall. At each site, a standard dry weather field screening data sheet will be filled. Photograph(s) of each outfall will also be taken. Task 2-2 Check for Non -Storm Flow. The outfalls will be checked for the presence of flow. If no flow is observed, an alternate site with ponded or flowing water will be selected. At each site the flow and its temperature will be measured and a sample will be taken for field analyses. A field test kit (such as CHEMetrics) will be used to test for the following parameters: ■ Specific Conductance ■ Temperature • Turbidity • pH • Reactive Phosphorus • Nitrate Nitrogen • Ammonia Nitrogen • Surfactants (MBAS) Task 3- Analytical Monitoring Water samples from 25 percent of the sites where ponded or flowing water is observed, will be collected and submitted to a California Department of Health Services certified laboratory for analysis of the following constituents: • Total Hardness • Surfactants (MBAS) • Oil and Grease • Diazinon and Chlorpyrifos • Cadmium (Dissolved) • Copper (Dissolved) • Lead (Dissolved) • Zinc (Dissolved) • Enterococcus bacteria • Total Coliform bacteria • Fecal Coliform bacteria Task 4. Data Evaluation The collected data" will be evaluated to identify possible areas of non -storm water flows throughout the City. The data will also be correlated with the results of Task 3 above in identifying areas and sources of pollutants. Considering the results of the evaluation, recommendations for future actions will be made. Task 5- Source Identification Investigations Based on dry weather field screening and analytical results, follow-up investigations may be necessary to identify and eliminate pollutant sources. In order to determine whether a source investigation is necessary, the following three methods will be employed: (1) Numeric action levels; (2) statistical confidence intervals; and (3) best professional judgment. All three approaches are described in detail below. 1. Numeric action levels Numeric action levels will be used as the primary approach for interpreting pH, orthophosphate, nitrate, ammonia, conductivity, MBAS, and oil and grease analytical results. If these action levels are exceeded, then a source identification investigation will be initiated unless best professional judgment indicates otherwise. 1. Statistical confidence interval Identification of highly elevated concentrations using confidence intervals is the primary approach for interpreting diazinon, chlorpyrifos, dissolved trace metals (Cd, Cu, Pb, and Zn), total and fecal coliform bacteria and enterococcus data. The City will calculate a 90% running confidence interval as dry weather results are collected. If a reading exceeds the calculated confidence interval or pre- established water quality criterion in the City's JURMP, then that result is considered a statistical outlier. Source identification will be initiated unless professional judgment indicates otherwise. If all three bacteria levels exceed the 90% confidence interval, an immediate investigation will ensue to examine the potential of infiltration or overflows of sanitary sewage in nearby areas. 1. Best professional judgment Best professional judgment will be utilized as the primary approach for interpreting turbidity and water temperature data, and the secondary approach for interpreting the results of all other field and laboratory analyses. Best professional judgment may indicate that results, which either exceed certain action levels or are statistical outliers, may be the result of natural or background factors. When the results of field screening sampling exceed the action levels or confidence intervals presented in the City's JURMP, the City will initially confirm the r sults by re -sampling. Field analytical results will be confirmed between 4 and 24 hours after the initial sample and source investigation will begin thereafter. When the results of a laboratory analytical sample exceed the action levels or confidence intervals, source investigation will begin as soon as possible and another sample will be collected and analyzed to confirm initial results. If visual and /or analytical evidence of gross contamination is present at a site (e.g., substantial petroleum sheen, extremely high ammonia concentration, evidence of a sewage release) then an immediate source identification investigation will be initiated. Task 6. Preparation of a Summary Report At the conclusion of the field screening program, a report will be prepared to summarize the observations and the results of the study. The report will include our interpretation of the field data and test results as to the possible presence of illicit connections/illegal discharges. We will provide the City with all original data, records of dry weather screenings, laboratory analyses and photographs. The report organization will include an introduction, background, scope of work, results, conclusions, recommendations, and quality assurance/quality control (QA/QC), as well as appendices for data sheets, selected site photographs and the results of any laboratory analysis. ESTIMATED COSTS Tasks 1 Our estimated cost for conducting this task is $2,100. Task 2, 3, 4 and 6: Our estimated cost for conducting one round of dry weather field screening and analytical monitoring program, assuming the total number of monitoring stations being 15, is $13,100. Any additional sites for field testing will be $400. A complete set of laboratory testing for each site will be $500. Task 5: Since the extent of the scope of services for this task is currently unknown, we propose to conduct follow-up investigations or upstream source investigations on a time and materials basis in accordance with the enclosed Schedule of Fees. Exhibit "B" Princpal Project Staff Drafter Word EngineerEngineerEngineerTechnician Processd;Ierk Rate $125 $95 $80 $65 $55 $45 $40 ODC Total Task Man -Hours Task 1- Selection of Field Screening Sites 6 16 80 $2,110 Sub -Total $2,110 Task 2- Field Screening 6 26 26 $660 $5,180 Task 3- Analytical Monitoring 4 4 $2,300 $2,880 Task 4- Data Evaluation 2 4 $630 Task 6- Preparation of a Summary Report 6 16 20 4 2 4 80 $4,420 Total of Tasks 2, 3, 4 and 6 20 20 66 30 4 2 4 $3,120 $13,110 Exhibit "C" SCHEDULE Our estimated time to complete the project will be four to six weeks. We provide the City with a copy of draft report. Upon receiving the City review comments the final copy of the report will be issued. AEETING DATE July 2, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN DIEGO HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY OF NATIONAL CITY FOR THE IMPLEMENTATION OF THE SAN DIEGO COUNTY LEAD -BASED PAINT HAZARD CONTROL PROGRAM IN THE CITY OF NATIONAL CITY PREPARED BY DEPARTMENT Kathleen Trees Building &Safety EXPLANATION See attached report. CEnvironmental Review Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report Resolution MOU Resolution No. 2002-98 A-200 991 RESOLUTION NO. 2002 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN DIEGO HOUSING AND COMMUNITY DEVELOPMENT AND. THE CITY OF NATIONAL CITY FOR THE IMPLEMENTATION OF THE SAN DIEGO COUNTY LEAD -BASED PAINT HAZARD CONTROL PROGRAM IN ME CITY OF NATIONAL CITY WHEREAS, lead -based paint is the number one environmental health threat to children under the age of 6; and WHEREAS, on April 16, 2002, the San Diego County Board of Supervisors voted to expand the San Diego County Lead -Based Paint Hazard Control Program into the City of National City and the City of San Diego; and WHEREAS, the County of San Diego will administer the Program with funds from a State grant received by the National City Building and Safety Department for Housing Code Enforcement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding between the County of San Diego Housing and Community Development and the City of National City for the implementation of the San Diego County Lead -Based Paint Hazard Control Program in the City of National City. PASSED and ADOPTED this 2"d day of July, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney George H. Waters, Mayor STAFF REPORT Background Lead -based paint is the number one environmental health threat to children under 6 years old. It can result in reduced IQ, learning disabilities, behavioral problems that last a lifetime, hyperactivity and increased aggression. According to the U.S. Department of Health and Human Services, 11% to 37% of arrested delinquents have been found to have had chronic low-level lead exposure. In Spring 2001, the City's Building and Safety Department received a State grant for Housing Code Enforcement. The focus of the grant is to preserve the existing affordable housing in the City by developing a code enforcement team to approach the housing issues in the City. One member of this team is the Environmental Health Coalition. The Environmental Health Coalition is concerned about lead -based paint hazards in the resident's homes. As a result of our planning meetings the decision was made to combine the housing inspections with lead -based paint inspections. This has worked very well, however, after lead was identified we did not have the means to fix the problem. Solution Several years ago the County of San Diego received a grant from HUD to abate homes containing lead -based paint in Spring Valley. They were unable to find a sufficient number of homes in that area. On April 16, 2002, the Board of Supervisors of the County of San Diego decided that the need to abate lead -based paint was not limited to the unincorporated portions of the County and voted to expand the program into the City of National City and the City of San Diego. Under the attached MOU the City of National City would identify the low-income homes that contain lead paint using the attached form (Attachment A) then give the completed forms to the County of San Diego Housing and Community Development. The County would then work with the residents to determine their eligibility and for those who qualify would abate the lead hazards in their homes using the grant money from HUD. There would not be an exchange of money since the County will be administering the grant. In addition to those homes that qualify under this program the Building and Safety Department has initiated a program to give paint to the residents where lead -based paint has been found in their homes in the target area. In exchange for the paint the residents are asked to paint the structure within a reasonable amount of time and to learn and follow lead -safe practices while doing so. In the case of absentee owners, they are being requested to pay for and paint the homes they rent. It is hoped that the above programs will ensure the health of the children in National City. An added benefit will be the improved appearance of the homes in the target area. Attachment A San Diego County Lead Based Paint Hazard Control Program Criteria/Priority Checklist for Units in (Name of City) Property Address Owner's Name Owner's Address Tenant's Name Phone Phone FOR COUNTY USE ONLY Priority A: 1. The unit contains a child under the age of six years old with an elevated blood -lead level. 2. Housing unit built before 1978 containing a significant amount of deteriorated lead -based paint, and does not require a significant amount of non -lead -based paint related rehabilitation. 3. The dwelling is occupied by a low-income resident. Priority B: 1. The unit contains a child under the age of six years old. 2. Housing unit built before 1978 containing a significant amount of deteriorated lead -based paint, and does not require a significant amount of non -lead -based paint related rehabilitation. 3. The dwelling is occupied by a low-income resident. Priority C: 1. The housing unit was built before 1978 and contains a significant amount of deteriorated lead -based paint, and does not require a significant amount of non -lead -based paint related rehabilitation. 2. The dwelling is occupied by a low-income resident. Check all that apply: Income Eligibility Age of Home Rental Owner Occupied Child Under age of six (number of children/ages) Children under six with EBL (EBL number [s]) Unit tested positive for lead -based paint (testing method used) Significant amount of deteriorated lead -based paint No additional rehabilitation needed Minor additional rehabilitation needed Substantial additional rehabiiitation needed Owner not yet contacted Owner contacted and willing Owner contacted and not willing For Submitter's Use Submitted by: (Print Name) (Signature) Agency: (Name of Agency) Collaborating Agency: (Name of Agency) MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN DIEGO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT and THE CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT for THE IMPLEMENTATION OF THE SAN DIEGO COUNTY LEAD -BASED PAINT HAZARD CONTROL PROGRAM IN THE CITY OF NATIONAL CITY This Memorandum of Understanding (MOU) entered into this day of June, 2002 between, COUNTY OF SAN DIEGO Dept. of Housing & Community Development 3989 Ruffin Road San Diego, CA 92129 CITY OF NATIONAL CITY Building and Safety Department 1243 National City Boulevard National City, CA 91950 Attn: Jeff Grissom, Acting Director Attn: Kathleen Trees, Director WITNESSETH: WHEREAS, The County of San Diego, Department of Housing and Community Development (hereinafter referred to as County) has been awarded a $1 million Grant from the U.S. Department of Housing and Urban Development (hereinafter referred to as HUD), Office of Healthy Homes and Lead Hazard Control for purposes of implementing a Lead -Based Paint Hazard Control Program (hereinafter referred to as Program) in the County of San Diego; and WHEREAS, the target area identified for implementation of the Program was originally the unincorporated community of Spring Valley; and WHEREAS, the purpose of the Grant is to reduce the exposure of young children, in low-income families, to lead -based paint hazards in their homes; and WHEREAS, on April 16, 2002, the Board of Supervisors of the County of San Diego, considered that the need for lead -based paint reduction activity was not limited to the unincorporated portions of the County; and WHEREAS, on April 16, 2002, the Board of Supervisors of the County of San Diego acted to expand the Program into local incorporated jurisdictions with priority given to: the City of National City, and the communities of Barrio Logan, Logan Heights, Sherman Heights, Linda Vista and Serra Mesa in the City of San Diego; and WHEREAS, on April 16, 2002, the Board of Supervisors of the County of San Diego directed that the County enter into negotiations and execute agreements with local incorporated jurisdictions (with priority given as listed above) to implement the Program in those jurisdictions in partnership with the County; and WHEREAS, an Abstract, Budget, Budget Narrative, and Workplan (and any subsequent revisions made thereof) describing the program and giving program parameters have been completed by the County and submitted and approved by HUD and are hereby made a part of this Agreement by reference; and WHEREAS, the Lead -Based Paint Hazard Control program provides funding to evaluate and reduce lead -based paint hazards in private housing rented or owned by low- income families. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Agreement. It is hereby agreed that the County may expand and implement the San Diego County Lead -Based Paint Hazard Control Program in the City of National City (hereinafter referred to as City). This agreement hereby incorporates by reference and is subject to all requirements that the County is subject to under the Grant Award Agreement with HUD (CALHB0129-99). This includes, but is not limited to the Assistance Award contract between the County and HUD, the Abstract, Budget, Budget Narrative, and Workplan (and any subsequent revisions made thereof). 2. Terms and Conditions. This Memorandum of Understanding shall commence upon its execution and upon the approval by the HUD of the amendments to the Program contracts that address the Program expansion into incorporated jurisdictions. This MOU shall terminate when all program funds have been expended. Program funds, per HUD, must be expended within a three-year period which commenced on January 1, 2000, unless otherwise extended by HUD. This Agreement is automatically extended upon any time extensions or additional funding subsequently approved by HUD. 2 3. Grant/Program Administration. The County's Director of Housing and Community Development shall administer the Lead -Based Paint Hazard Control Program in the City of National City. 4. Compensation and Rate of Payment. The County and the City agree that there shall be no compensation for the partnership being formed hereto. 5. Program Funds. The County shall use the Lead Based Paint Hazard Control Program grant funds for purposes directly related to lead -based paint hazards in privately owned residential units with eligibility and priority as described in the Program contracts. No Lead Based Paint Hazard Control Program funds shall be used for any purposes other than those allowed under the Grant Award Agreement with HUD (CALHB0129-99). 6. Additional Rehabilitation Funds. If additional rehabilitation (not covered by the Lead Based Paint Hazard Control Program grant) is required on a unit enrolled in the Lead Based Paint Hazard Control Program, the City or the Community Development Commission of the City of National City may provide to the property owner, in a timely manner, the additional funding needed to complete the required rehabilitation. 7. Referrals of Eligible Units. The City shall provide referrals to the County, of units within the City, with lead -based paint hazards that are eligible for enrollment in the Lead Based Paint Hazard Control Program. 3 This Memorandum of Understanding is hereby executed on behalf of the parties as follows: County of San Diego Department of Housing and Community Development 3989 Ruffin Road San Diego, CA 92123 Attn: Jeff Grissom, Acting Director By: t Jeff Grissom, Acting Director and City of National City Building and Safety Department 1243 National City San Diego, CA 91950 Attn: Kathleen Trees, Director By: George H. Waters, Mayor COUNTY COUNSEL Approved as to form and legality: By: William D. Smith, Senior Deputy County Counsel Approved as to form and legality: Date: i9 ) By: Date: George H. Eiser III, City Attorney City of National City 4 MEETING DATE TEM TITLE City of National City, California COUNCIL AGENDA STATEMENT July 2, 2002 PREPARED BY EXPLANATION AGENDA ITEM NO. 5 CITY COUNCIL APPROVAL OF RESPONSE LETTER REGARDING GRAND JURY TRUANCY AND CURFEW REPORT. Skip DiCiio DEPARTMENT Police On May 8, 2002, the San Diego County Grand Jury released a report titled, "TRUANCY & CURFEW PACTICES-The Lack of Consistency and Uniformity and its impact on San Diego County." This report was provided to all the City Councils, Police Departments and School Districts in San Diego County for their review and comment to the Presiding Judge of the Superior Court in compliance with the Penal Code of California section 933(c). The California Penal Code section 933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be no later than 90 days after the Grand Jury submits its report to the public agency. To meet the 90 day response requirement the Office of the City Manager assigned the Chief of Police to prepare a response as described in the Penal Code and present the response letter to the City Council for approval. Once approved, the letter will be forwarded to the Presiding Judge. Attachment "A" is the response prepared by the Police Department. Attachment "B" is the Grand Jury report requiring the response. (Continued). Environmental Review Financial Statement N/A STAFF RECOMMENDATION XX N/A Approve the Response Letter BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below t A: Response Letter B: Grand Jury Report Account No. Resolution No. A-200 (9/80) COUNCIL AGENDA STATMENT CITY COUNCIL APPROVAL OF RESPONSE LETTER REGARDING GRAND JURY TRUANCY AND CURFEW REPORT. PAGE 2 The Grand Jury report makes two recommendations that apply to the City of National City and require a formal response, 02-08: Adopt uniform curfew hours of 11:00 pm to 5:00 am, any evening, any day, any week, and 02-09: Enforce the rules of curfew equally, in all areas, all jurisdictions. The attached letter contains the responses. Essentially, the Police Department responds that the respondent does not intend to implement either recommendation because they are not warranted. Proposal The Police Department requests that the City Council approve the response letter so it may be forwarded to the Presiding Judge of the Superior Court within the 90-day compliance period per the California Penal Code section 933(c). Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor July 2, 2002 Presiding Judge of the Superior Court County of San Diego Hall of Justice 330 West Broadway, Suite #477 San Diego, Ca. 92101-3830 Subject: "Truancy & Curfew Practices: The Lack of Consistency and Uniformity and its Impact on San Diego County." City of National City Response on the Findings and Recommendations in the Report. On May 15th, 2002, the City of National City received a copy of a report by the San Diego County Grand Jury 2001-2002, dated May 8, 2002, titled "Truancy and Curfew Practices: The Lack of Consistency and Uniformity and its Impact on San Diego County." National City is providing the following comments on the findings and the recommendations (02-08 and 02-09). FINDINGS Each municipality in San Diego County has published guidelines on curfew violation and enforcement, and each school district in San Diego County has published guidelines on truancy violation and enforcement. The respondent agrees with the finding. II. There are unnecessary costs and counterproductive efforts in various communities resulting from inconsistent application and enforcement of truancy and curfew regulations from community to community. Respondent partially disagrees. This may be the casein general, but each community has its own needs, problems and priorities. One community may see enforcement efforts as counterproductive while another may see positive results. What is effective in Coronado may not be in National City. III. SARBS, although of unquestioned intent, are almost exclusively reactive to truants and the problem they create. There is very little which a SARB does that is 1 ® Recycled Paper ATTACHMENT A of 3 proactive and interventional to avoid truancy. The respondent disagrees in part with the finding. Initially the SARB is reactionary. After a SARB is held though, the parents and child are asked to participate in contracts, agreements and counseling that are proactive and interventional to avoid further truancy. IV. Poor self-esteem, lack of confidence, poor socialization skills, lack of respect for authority, family and domestic problems (divorce, drug and alcohol abuse) are among the key indicators or developing truants and curfew violators. Respondent agrees with the finding. V. Children who drift into habitual violations of both truancy and curfew standards in their environments do so with parental ignorance or indifference, and such practices commence at early ages, before the high school and middle school years. Respondent agrees with the finding. VI. Significant, disturbing and direct relationships exist between juvenile delinquency, drug use, school drop out rates and life histories of truants and curfew violators. Respondent agrees with the finding. VII. Parental involvement with the successful growth and education of their children is essential. In those instances where parental involvement with the raising and education of their children is not or cannot be realized, alternative or substituted actions are either unavailable or awkward to arrange. Respondent agrees with the finding. VII. California State law does not require a person to be a responsible parent to their child. Equally frustrating, California State law as currently written does not quickly or easily allow for agency substitutions of services to truant children or curfew violators where parents are unavailable or refuse to parent effectively. Respondent agrees with the finding. RECOMMENDATIONS 02-08: Adopt uniform curfew hours of 11:00 pm to 5:00 am, any evening, any day, any week. The respondent does not intend to implement because it is not warranted. N.C.M.0 10.60.010, Curfew, currently specifies the hours of curfew as 10:pm to 5:00am. The police department believes the current hours of curfew are fair and reasonable. The Chief of Police recently discussed this issue with other Chiefs of Police and the Sheriff at their monthly meeting. As a group they decided that each jurisdiction had its own unique problems with regard to curfew. In National City, where there is a high crime rate and problems with gangs, cruising and graffiti, the curfew hours of 10:00 pm to 5:00 am are necessary. To 2 "An 2,. of 3 raise it to 11:00 pm per the recommendation hampers police officers' ability to stop and detain juveniles who may be involved in these delinquent activities. As compared to a community like Coronado, which may not have as much juvenile crime, it would not be a problem to shorten the curfew hours. There have not been any community complaints or requests to change the curfew hours because they are being arbitrarily enforced or because juveniles are not being allowed to participate in legitimate activities. 02-09: Enforce the rules of curfew equally, in all areas, all jurisdictions. The respondent does not intend to implement because it is not warranted. This respondent agrees with the county Chiefs and Sheriffs Association when it concluded that each agency has its own specific problems with juvenile crime and that each jurisdiction should decide what is best for that community. It is understandable that parents may become confused as to what hours each City's curfew hours are. This would be a concern if there were evidence that police were arbitrarily enforcing the curfew laws. In National City, the curfew law is broad and allows for several exceptions. It is unlikely that a juvenile involved in a legitimate activity will be arrested or even detained for curfew violation in National City. It is much more reasonable that a countywide information plan be implemented so that if parents are concerned about the application of curfew laws for each jurisdiction, that the information is easily available. It should also explain that there are several exceptions to the curfew laws for legitimate activity. George H. Wat-Prs Mayor Nick Inzunza Vice Mayor Ron Morrison Councilman cc: C.E. Mulroy, Grand Jury Foreman City Council R. Mitchell Beauchamp Councilman Rosalie Zarate Councilwoman City Attorney City Manager 3 nAn 3 of 3 -111111=1,1111.1111P6' Grand Jury COUNTY OF SAN DIEGO Hall of Justice 330 West Broadway, Suite 477 San Diego, CA 92101.3830 (619) 515.8707 (619) 515.8696 FAX CHUCK MULROY, Foreman May 1, 2002 CONFIDENTIAL City Councils (See Attached Mailing List) Police Departments (See Attached Mailing List) School Districts (See Attached Mailing List) - 2 ^full - Re: "TRUANCY & CURFEW PRACTICES -The Lack of Consistency and Uniformity and its Impact on San Diego County". Dear Ladies and Gentle'tnen: The 2001-2002 San Diego County Grand Jury herewith provides the referenced report for your review and comment to the Presiding Judge of the Superior Court in compliance with the Penal Code of California §933(c). This report was prepared pursuant to §925, §925(a) and §933.5 of the Penal Code. In accordance with Penal Code §933.05(e), a copy of this report is being provided to affected agencies two working days prior to its public release and after being approved by the Presiding Judge of the Superior Court. Please note that §933.05(e) specifies that no officer, agency, department, or governing body of a public, agency shall disclose any contents of the report prior to its public release. This report will be filed with the Clerk of the Court and released to the public on Wednesday, May 8, 2002. CEM:IIn enc. a2 Sincerely, SAN DIEGO COUNTY GRAND JURY 2001-2002 C.E. MULROY Foreman 4J-`r7:4 JMe 7 1 e) ATTACHED MAILING UST City Council of Carlsbad 1200 Carlsbad Village Drive San Diego, CA 92008-1949 City Council of Chula Vista P.O. Box 1087 Chula Vista, CA 91912-1087 City Council of Coronado 1825 Strand Way Coronado, CA 92118-3005 City Council of Del Mar 1050 Camino del Mar Del Mar, CA 92014-2604 City Council of El Cajon 200 E. Main Street El Cajon, CA 92020-3912 City Council of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024-3633 City Council of Escondido 201 N. Broadway Escondido, CA 92025-2709 City Council of La Mesa 8130 Allison Avenue La Mesa, CA 91941-5002 City Council of Lemon Grove 3232 Main Street Lemon Grove, CA 91945-1705 City Council of National City 1243 National City Blvd. National City, CA 91950-4031 City Council of Oceanside 300 N. Coast Highway Oceanside, CA 92054-2885 City Council of Poway 13325 Civic Center Drive Poway, CA 92064-5755 City Council of Santee 10601 Magnolia Avenue Santee, CA 92071 City Council of San Diego 202 C Street, 9th Floor San Diego, CA 92101 City Council of Solana Beach 635 S. Highway 101 Solana Beach, CA 92075-2215 City Council of Vista 600 Eucalyptus Avenue Vista, CA 92084-6240 Chief, Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92008 Chief, El Cajon Police Department 100 Fletcher Parkway El Cajon, CA 92020 Chief, Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief, La Mesa Police Department 8181 Allison Avenue La Mesa, CA 91941 Chief, National City Police Department 1200 National City Blvd. National City, CA 91950 Chief, Oceanside Police Department 3855 Mission Avenue Oceanside, CA 92054 2 Allan Gordon, Superintendent '-imul-Dulzura Union School District .581 Lyons Valley Road Jamul, CA 91935-3324 Warren Hogarth, Superintendent La Mesa -Spring Valley School District 4750 Date Avenue La Mesa, CA 91941-5293 Dr. McLean King, Superintendent Lemon Grove School District 8025 Lincoln Street Lemon Grove, CA 91945-2515 George Cameron, Superintendent National School District -500 N Avenue .ational City, CA 91950-4827 Donald Phillips, Superintendent Poway Unified School District 13626 Twin Peaks Road Poway, CA 92064-3098 Daniel Vinson, Superintendent Rancho Santa Fe School District P.O. Box 809 Rancho Santa Fe, CA 92067-0809 Larry Maw, Superintendent San Marcos Unified School District 1 Civic Center Drive, Suite 300 an Marcos, CA 92069-2952 Kevin Ogden, Superintendent Julian Union School District P.O. Box 337 Julian, CA 92036-0337 Carol Leighty, Superintendent Lakeside Union School District P.O. Box 578 Lakeside, CA 92040-0578 Greg Ryan, Superintendent Mountain Empire Unified School District 3291 Buckman Springs Road Pine Valley, CA 91962-4003 Kenneth Noonan, Superintendent Oceanside Unified School District 2111 Mission Avenue Oceanside, CA 92054-2395 Peter Schiff, Superintendent Ramona Unified School District 720 9th Street Ramona, CA 92065-2399 Alan Bersin, Superintendent San Diego Unified School District 4100 Normal Street San Diego, CA 92103-2682 Jeffrey P. Felix, Superintendent San Pasqual Union School District 15305 Rockwood Road Escondido, CA 92027-6700 l( 3 or r?- Grace Kojima, Superintendent San Ysidro School District 4350 Otay Mesa Road San Ysidro, CA 92173 Eleanore Topolovac, Superintendent Solana Beach School District 309 North Rios Avenue Solana Beach, CA 92075-1298 Julie Weaver, Superintendent Spencer Valley School District P.O. Box 159 Santa Ysabel, CA 92070-0159 Jeff Mulford, Superintendent Valley Center-Pauma Unified School District 28751 Cole Grade Road Valley Center, CA 92082-6599 Frank Murphy, Superintendent Warner Unified School District P.O. Box 8 Warner Springs, CA 92086-0008 Thomas Anthony, Superintendent Fallbrook Union High School District 2234 S. Stage Coach Lane Fallbrook, CA 92028 Larry Marquand, Superintendent Julian Union High School District P.O. Box 417 Julian, CA 92036-0417 Marcia Johnson, Superintendent Santee School District 9625 Cuyamaca Street Santee, CA 92071-2674 Patrick Pettit, Superintendent South Bay Union 601 Elm Avenue Imperial Beach, CA 91932-2098 Paul Cartas, Superintendent Vallecitos School District 5211 Fifth Street Fallbrook, CA 92028-9796 Dave Cowles, Superintendent Vista Unified School District 1234 Arcadia Avenue Vista, CA 92084-3495 Dr. Rudy Castruita, Superintendent San Diego County Office of Education 6401 Linda Vista Road San Diego, CA 92111-7399 Granger B. Ward, Superintendent Grossmont Union High School District P.O. Box 1043 La Mesa, CA 91944-1043 Dr. Peggy Lynch, Superintendent San Dieguito Union High School District 710 Encinitas Blvd. Encinitas, CA 92024-3357 Jere Ancell, Superintendent Thine Union School District ,23 Administration Way Alpine, CA 91901-9401 Jeffrey Schleiger, Superintendent Bonsall Union School District P.O. Box 3 Bonsall, CA 92003-0003 Marge Dean, Superintendent Cajon Valley Union School District P.O. Box 1007 El Cajon, CA 92020-4098 Cheryl Ernst, Superintendent Carlsbad Unified School District `pi1 Pine Avenue .drlsbad, CA 92008-2493 Marilyn Wheeler, Superintendent Coronado Unified School District 555 D Avenue Coronado, CA 92118-1799 Thomas Bishop, Superintendent Del Mar Union School District 225 Ninth Street Del Mar, CA 92014-2716 Michael Caston, Superintendent Escondido Union School District 1330 E. Grand Avenue �ondido, CA 92027-3099 David Hughes, Superintendent Escondido Union High School District 302 N. Midway Drive Escondido, CA 92027-2741 Shandra Hahn, Superintendent Borrego Springs Unified School District 2281 Diegueno Road Borrego Springs, CA 92004-5003 Rodger Smith, Superintendent Cardiff School District 1888 Montgomery Avenue Cardiff -by -the -Sea, CA 92007-2313 Libia Gil, Superintendent Chula Vista Elementary School District 84 East J Street Chula Vista, CA 91910-6199 Barbara Rohrer, Superintendent Dehesa School District 4612 Dehesa Road El Cajon, CA 92019-2922 Doug DeVore, Superintendent Encinitas Union School District 101 S. Rancho Santa Fe Road Encinitas, CA 92024-4308 James M. Choate, Superintendent Fallbrook Union Elementary School District 321 N. Iowa Street Fallbrook, CA 92028 sr dt /7- ATTACHED MAILING LIST Chief, Escondido Police Department 700 W. Grand Avenue Escondido, CA 92025 Chief, Chula Vista Police Department 276 4th Avenue Chula Vista, CA 91910 Chief, San Diego Police Department 1401 Broadway San Diego, CA 92101 Sheriff, San Diego County P.O. Box 429000 San Diego, CA 92142-9000 San Diego County Board of Supervisors County Administration Center 1600 Pacific Highway, Room 335 San Diego, CA 92101 TRUANCY & CURFEW PRACTICES The Lack of Consistency and Uniformity and its Impact on San Diego County A Report by the San Diego County Grand Jury 2001-2002 May 8, 2002 7 of l TRUANCY & CURFEW PRACTICES The Lack of Consistency and Uniformity and its Impact on San Diego County SYNOPSIS Given the high profile of issues concerning truancy and curfew practices dealing with San Diego County youth, the Grand Jury conducted a study of these issues with particular emphasis upon interagency, inter -school, parental, student and general community coordination of programs and effort. Parents, schools, law enforcement, the Courts, and general community -based organizations and programs have a stake in the successful implementation of truancy and curfew policies and regulations. Whereas, it is not the intent of the Grand Jury to suggest that truancy and curfew enforcement share parallel or similar form and process, it is, as this report attests, the Grand Jury's intent to illuminate that one of the root causes of these social problems, i.e. parental responsibility, is fundamentally common to both. San Diego County is fortunate to have a broad spectrum of policy, program and implementation devices dealing with truancy and curfew. The County is not so fortunate when it comes to coordination of effort, sharing of resources, or learning from each other's successes and failures in dealing with truants and curfew violators. A proactive involvement with students and their families before truancy and curfew violations occur would result in reduced costs to the County, both in terms of money and social well being. ISSUES The primary concerns which guided the Grand Jury's decision to study the various issues dealing with truancy and curfew focused on whether or not the people of San Diego County receive reasonable or adequate value from all the effort and resources employed in truancy and curfew programs. All, or nearly all, groups, organizations and agencies dealing with youth in San Diego County have programs and policies addressing truancy and curfew. All curfew laws and ordinances throughout the County are well written and clearly understandable. However, many children and parents (or guardians) are confused about the different curfew hours in various locations of the County. For example, a youngster from Coronado (11:00pm curfew) could travel to La Mesa ED2-1 San Diego County Grand Jury 2001-2002 (May 8, 2002) (( /7 f c1l / ?— (10:00pm curfew) to roller skate and be stopped for curfew violation upon arrival in La Mesa. Equally confusing is the unequal or inconsistent application of School Attendance Review Board (SARB) policies from school district to school district. This inequity was found most notably between a school with strict, closed campus rules with regular truancy sweeps, and a nearby school with an open campus and little regard for truancy enforcement. Although the end results of these programs and policies consistently address the improved welfare of San Diego County youth, the means of achieving those results differ broadly due to lack of consistency, applicability and accountability among and within the various programs. BACKGROUND Aside from the curfew laws and ordinances of San Diego County and the eighteen incorporated cities, the California Education Code and local school policies dealing with truancy are clear and straight forward in their meaning and intent. Additionally, each school district has a framework available for creating and implementing a School Attendance Review Board (SARB). A SARB is a form and structure with the ability to enforce school attendance policy in compliance with the California Education Code. These SARBs were created by the Legislature in 1974 and are supported by and guided by the San Diego County Office of Education. Each SARB is governed by a community -based board composed of parents, representatives from the school district, and members of the community -at -large, including law enforcement, welfare, probation, and various other agencies dealing with youth. PROCEDURES EMPLOYED To comprehend and appreciate the scope and importance of truancy and curfew issues in San Diego County, the Grand Jury consulted with, reviewed and/or discussed policies, practices and procedures dealing with truants and curfew violators with the following: San Diego County Sheriff's Department City of San Diego Police Department (including San Diego City School Police) San Diego County Office of Education 28 of 42 School Districts in San Diego County Juvenile Court SARB (School Attendance Review Board) members ED2-2 San Diego County Grand Jury 2001-2002 (May 8, 2002) ,r oF Eighteen incorporated cities of San Diego County Various classroom teachers, special education teachers and various vocational education specialists California Education Code State Senator FACTS A. Most, if not all, juveniles caught up in the justice system (for whatever reason) are truants and curfew violators.' B. Truancy and curfew violation practices are learned behaviors established by children at early ages, prior to high school and middle school years. C. The majority of truants and curfew violators function in an environ- ment lacking parental involvement, supervision and responsibility.3 D. The cost of pro -active, intervening actions teaching parents the importance of responsible parenting and education for their children is more than offset by eventual costs for later reactive actions such as juvenile detention, court and crime costs, etc.4 E. Although all schools have access to SARBs, there are wide ranges of application to and enforcement of the SARB policies and regulations. Some community -based boards go unfilled for lack of community or parental support.5 FINDINGS I. Each municipality in San Diego County has published guidelines on curfew violation and enforcement, and each school district in San Diego County has published guidelines on truancy violation and enforcement. II. There are unnecessary costs and counterproductive efforts in various communities resulting from inconsistent application and enforcement of truancy and curfew regulations from community to community. 1 San Diego Sheriffs Department. 2 School Attendance Review Board (SARB) Handbook. 3 San Diego County Office of Education, Attendance Division. Also, San Diego Police Department and San Diego County Sheriffs Department. 4 Oceanside Unified School District, Attendance and Intervention Office. 5 San Diego County Office of Education, Attendance Support Program. ED2-3 San Diego County Grand Jury 2001-2002 (May 8, 2002) " III. SARBs, although of unquestioned intent, are almost exclusively reactive to truants and the problems they create. There is very little which a SARB does that is proactive and interventional to avoid truancy. IV. Poor self-esteem, lack of confidence, poor socialization skills, lack of respect for authority, family and domestic problems (divorce, drug and alcohol abuse) are among the key indicators of developing truants and curfew violators. V. Children who drift into habitual violations of both truancy and curfew standards in their environments do so with parental ignorance or indifference, and such practices commence at early ages, before the high school and middle school years. VI. Significant, disturbing and direct relationships exist between juvenile delinquency, drug use, school drop out rates and life histories of truants and curfew violators. VII. Parental involvement with the successful growth and education of their children is essential. In those instances where parental involvement with the raising and education of their children is not or cannot be realized, alternative or substituted actions are either unavailable or awkward to arrange. VIII. California State law does not require a person to be a responsible parent to their child. Equally frustrating, California State law as currently written does not quickly or easily allow for agency substitutions of services to truant children or curfew violators where parents are unavailable or refuse to parent effectively. RECOMMENDATIONS That the Eighteen Incorporated Cities of San Diego County: 02-08: Adopt uniform curfew hours of 11:00pm to 5:00am, any evening, any day, any week. That the San Diego County Sheriff's Department and all City Police Departments: 02-09: Enforce the rules of curfew equally, in all areas, all jurisdictions. ED2-4 San Diego County Grand Jury 2001-2002 (May 8, 2002) I( oF That the County Board of Supervisors: 02-10: Implement a program that places emphasis on proactive interven- tions with small children at risk of truancy and curfew violation and their parents before the detrimental results of truancy and curfew violation occur. That the Forty-two School Districts in San Diego County: 02-11: Set up programs which integrate families and students in the development of self-esteem and mutual respect. That the County Board of Supervisors: 02-12: Propose legislation which would compel parents to be actively involved with their children to avoid truancies and curfew violations. That the County Board of Supervisors: 02-13: Propose legislation which would empower the Courts to intervene more efficiently and more rapidly with parental substitutions in those cases where parents are unavailable to parent their children. REQUIREMENTS / INSTRUCTIONS The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be no later than 90 days after the Grand Jury submits its report to the public agency. Also, every ELECTED county officer or agency head for which the Grand Jury has responsibility shall comment on the findings and recommendations pertaining to matters under the control of that county officer or agency head, as well as any agency or agencies which that officer or agency head supervises or controls. Such comment shall be made within 60 days to the Presiding Judge of the Superior Court with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: ED2-5 San Diego County Grand Jury 2001-2002 (May 8, 2002) 0 A ,r `2 of >`- (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 is required from the: Alpine Union School District Recommendation: 02-11 Bonsai) Union School District Recommendation: 02-11 Borrego Springs Unified School Recommendation: 02-11 District Cajon Valley Union School District Recommendation: 02-11 ED2-6 San Diego County Grand Jury 2001-2002 (May 8, 2002) if 1.3 ar /7 Cardiff School District City Council of Carlsbad Carlsbad Police Department Carlsbad Unified School District City Council of Chula Vista Chula Vista Police Department Chula Vista Elementary School District City Council of Coronado Coronado Police Department Coronado Unified School District Dehesa School District City Council of Del Mar Del Mar Union School District City Council of El Cajon El Cajon Police Department City Council of Encinitas Encinitas Union School District City Council of Escondido Escondido Police Department Escondido Union School District Escondido Union High School District Fallbrook Union Elementary School District Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-09 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-09 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-09 Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-09 Recommendation: 02-08 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-09 Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-11 ED2-7 San Diego County Grand Jury 2001-2002 (May 8, 2002) ,( Fallbrook Union High School District Grossmont Union High School District City Council of Imperial Beach Jamul-Duizura Union School District Julian Union School District Julian Union High School District City Council of La Mesa La Mesa Police Department La Mesa -Spring Valley School District Lakeside Union School District City Council of Lemon Grove Lemon Grove School District Mountain Empire Unified School District National School District City Council of National City National City Police Department City Council of Oceanside Oceanside Police Department Oceanside Unified School District City Council of Poway Poway Unified School District Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-08 Recommendation : 02-09 Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-09 Recommendation: 02-08 Recommendation: 02-09 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-11 ED2-8. San Diego County Grand Jury 2001-2002 (May 8, 2002) r , n , f Ramona Unified School District Rancho Santa Fe School District City Council of San Diego San Diego Police Department San Diego Unified School District San Dieguito Union High School District City Council of San Marcos San Marcos Unified School District San Pasqua) Union School District San Ysidro School District City Council of Santee Santee School District City Council of Solana Beach Solana Beach School District South Bay Union School District Spencer Valley School District Sweetwater Union High School District Vallecitos School District Valley Center-Pauma Unified School District City Council of Vista Vista Unified School District Warner Unified School District Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-09 Recommendation: 02-11 Recommendation: 02-11 Recommendation: Recommendation: Recommendation: Recommendation: Recommendation: Recommendation: Recommendation: Recommendation: Recommendation: Recommendation: Recommendation: 02-08 02-11 02-11 02-11 02-08 02-11 02-08 02-11 02-11 02-11 02-11 Recommendation: 02-11 Recommendation: 02-11 Recommendation: 02-08 Recommendation: 02-11 Recommendation: 02-11 ED2-9 San Diego County Grand Jury 2001-2002 (May 8, 2002) lqA% /7 San Diego County Sheriffs Recommendation: 02-09 Department San Diego County Board of Recommendations: 02-10, 02-12, Supervisors 02-13 ED2-10 San Diego County Grand Jury 2001-2002 (May 8, 2002) :AEETING DATE July 02, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 6 ITEM TITLE WARRANT REGISTER #51 PREPARED BY T.Mendoza EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #51 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 $ 602,815.96. 7) .72--x..c„.02 BO RD I COMMISSION RECOMMENDATION eiL-z2a- /772S3 ATTACHMENTS ( Listed Below ) 1. Warrant Register #511 2. Workers Comp Warrant Register dated 06/12/02 Resolution No. A-200 (9. 99) dEETING DATE July 02, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #52 PREPARED BY T.Mendoza DEPARTMENT Finance EXPLANATION } Ratification of Warrant Register #52 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Directo Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,020,756.72. BOARD / COMMISSION RECOMMENDATION ZU,v. ATTACHMENTS ( Listed Below ) 1. Warrant Register #52 2. Workers Comp Warrant Register dated 06/19/02 3. Payroll Warrant Register dated 06/19/02 Resolution No. A-200 (9 991 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE July 2, 2002 AGENDA ITEM NO. 8 ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF APRIL 30, 2002 PREPARED BY T. Limfueco EXPLANATION DEPARTMENT Finance For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of April 30, 2002 is hereby submitted. This report reflects the components of the investment portfolio as of April 30, 2002 and the results of the investment program for the period then ended. The investment portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Environmental Review N/A Financial Statement Not applicable. %TAFF RECOMMENDATION Approved By:k Fin ce Director Account No. We recommend that the report be accepted and filed. BOARD / COMMISSI N RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Cash Account Summary. 2. Portfolio Summary. 3. Portfolio Details - Investments. 4. Activity Report — Sorted by Brokers tit-la-al/2k/ Resolution No. 5. Consolidated Cash Report. 6. Monthly Statement of Receipts. 7. Monthly Statement of Disbursements. 8. Pooled Investment Transactions Report. A-200 (9 99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 30-Apr-02 BALANCE REVOLVING CASH $ 3,591.74 RETURNED CHECKS 17,777.29 BANK OF AMERICA #80200 (2,418,945.47) OUTSTANDING WARRANTS (184,062.69) PAYROLL OUTSTANDING WARRANTS (27,065.60) CASH HELD BY BROKERS 6,181.12 INVESTMENTS 12,905,759.19 LAIF 25,497,131.43 TOTAL INVESTMENT EARNINGS HISTORY: FISCAL YEAR $ 35,800,367.01 YEAR-TO-DATE TOTAL YEAR 2001-02 $ 1,016,538.83 $ 2000-01 1,548,594.20 1999-00 1,102,752.84 1998-99 1,067,833.47 1997-98 807,771.46 1996-97 855,194.65 1995-96 915,958.70 1994-95 887,377.54 1993-94 766,139.99 1992-93 458,069.70 1991-92 668,168.31 1990-91 954,006.53 1989-90 1,106,292.45 1988-89 839,400.25 1987-88 750,689.96 1986-87 805,437.80 1985-86 1,072,502.14 10 Apr_02 Combined Cash Reconciliation Worksheets 2,642,502.96 1,841,539.16 1,702,889.57 1,478,232.91 1,256,907.31 974,113.25 1,001, 709.56 1,011,586.52 721,913.49 864,052.63 1,303,878.52 1,544,993.71 1,311,930.94 979,435.87 1,048,978.23 1,321,688.93 SymPro Investments Certificates of Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments / City of National City City of National City Portfolio Management Portfolio Summary April 30, 2002 Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 7,221,000.00 7,220,550.30 7,221,000.00 55.95 781 516 4.759 4.825 95,000.00 95,000.00 95,000.00 0.74 1,827 750 6.000 6.083 3,119,000.00 3,126,890.43 2,852,957.94 22.11 2,005 926 8.066 8.178 2,705,000.00 2,695,915.20 2,705,000.00 20.96 1,251 1,167 4.562 4.625 30,516.82 32,412.52 31,801.25 0.25 1,674 418 6.538 6.629 13,170,516.82 13,170,768.45 12,905,759.19 100.00% 1,160 745 5.462 5.538 Total Earnings April 30 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return Marylou Matien Director of Finance Run Date: 06/24/2002 - 15:07 71,153.04 13,020,639.26 6.65% 794,821.75 Portfolio CNC CC PM (PRF_PM1) SymRept V5.02f cut City of National City Portfolio Management Page 2 Portfolio Details - Investments April 30, 2002 Average Purchase Stated YTMIC Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 817 07/26/2004 10666 Acuity Bank 02/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 297 02/22/2003 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 335 04/01/2003 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 725 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 698 03/29/2004 10192 Associates National Bank 05/06/1999 100,000.00 100,000.00 100,000.00 5.850 5.850 5 05/06/2002 10630 Bank of Alamo 09/10/2001 99,000.00 99,000.00 99,000.00 4.500 4.500 132 09/10/2002 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 783 06/22/2004 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 376 05/12/2003 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 811 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 614 01/05/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 723 04/23/2004 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 420 06/25/2003 10446 Capital One Bank .01/09/2001 100,000.00 100,000.00 100,000.00 6.640 6.840 69 07/09/2002 10520 Colony Bank of Asbum 05/11/2001 99,000.00 99,000.00 99,000.00 5.000 5.000 12 05/13/2002 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 730 04/30/2004 10643 Carolina Firtst Bank 12/07/2001 95,000.00 94,395.80 95,000.00 4.100 4.100 768 06/07/2004 10505 Capitol Federal Savings Bank 04/17/2001 99,000.00 99,000.00 99,000.00 5.310 5.310 47 06/17/2002 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 386 05/22/2003 10447 Capital One FSB 01/09/2001 99,000.00 99,000.00 99,000.00 6.630 6.630 69 07/09/2002 10659 Conseco Bank, Inc. 01/03/2002 99,000.00 99,000.00 99,000.00 3.310 3.310 247 01/03/2003 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 408 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 611 01/02/2004 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 3.540 418 06/23/2003 10575 EDGAR COUNTY BANK & TRUST CO., 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 607 12/29/2003 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 4.050. 719 04/19/2004 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.900 289 02/14/2003 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 800 07/09/2004 340558CE3 10670Florida09/26/2001 99,000.00 98,279.28 99,000.00 5.150 5.150 1,609 09/26/2006 FiBank, NA 10670 First National Bank of Barton 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 3.350 446 07/21/2003 10589 first Natl. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 394 05/30/2003 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 729 04/29/2004 10517 FNB Of St. Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 278 02/03/2003 10663 First State Bank, Russelville 01/31/2002 99,000.00 98,000.00 99,000.00 3.250 3.250 275 01/31/2003 10513 First State Bank of Texas 04/20/2001 99,000.00 99,000.00 99,000.00 5.260 5.260 173 10/21/2002 10600 FIRST STATE BANK OF OKABENA 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 804 07/13/2004 143876AX8 Run Date: 06/24/2002 - 15:07 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Page 3 Portfolio Details - Investments April 30, 2002 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10669 Guaranty National Bank 03/11/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 314 03/11/2003 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 607 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 814 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 629 01/20/2004 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 726 04/26/2004 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 378 05/14/2003 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 569 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 803 07/12/2004 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 590 12/12/2003 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 694 03/25/2004 10640 Mercedes National Bank 11/27/2001 99,000.00 99,000.00 99,000.00 3.100 3.100 210 11/27/2002 10204 Michigan Heritage Bank 05/13/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 12 05/13/2002 10518 Mesa Bank 05/09/2001 99,000.00 ' 99,000.00 99,000.00 5.000 5.000 8 05/09/2002 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 428 07/03/2003 654062AMO 10584 NICOLET NATIONAL BANK 06/01/2001 99,000.00 101,052.27 99,000.00 5.100 5.100 579 12/01/2003 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 803 07/12/2004 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.200 803 07/12/2004 10694 Premier Bank 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 722 04/22/2004 743838SS4 10644 Provident Bank 12/19/2001 95,000.00 93,822.95 95,000.00 4.375 4.375 1,875 06/19/2007 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.480 800 07/09/2004 10525 Peoples State Bank 05/25/2001' 99,000.00 99,000.00 99,000.00 5.300 5.300 573 11/25/2003 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 325 03/22/2003 10522 Rushmore State Bank 05/15/2001 99,000.00 99,000.00 99,000.00 5.000 5.000 14 05/15/2002 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 600 12/22/2003 10571 St. Joseph Capital Bank 06/21/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 236 12/23/2002 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 677 03/08/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 634 01/25/2004 10590 First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 394 05/30/2003 10572 TREASURY BANK- EFFINITY 06/22/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 237 12/24/2002 10665 Today's Bank 02/08/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 283 02/08/2003 10516 Union National Bank 05/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 215 12/02/2002 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 807 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 629 01/20/2004 10578 WORLD'S FOREMOST BANK, N.A. 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 790 06/29/2004 10661 West Pointe Bank 01/10/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 344 04/10/2003 10568 WILLIAMSTOWN SAVINGS BANK 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 408 06/13/2003 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f Run Date: 06/24/2002 -15:07 CUSIP City of National City Portfolio Management Portfolio Details - Investments April 30, 2002 Average Purchase Investment # Issuer Balance Date Par Value Page 4 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10574 YORK STATE BANK & TRUST 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 607 12/29/2003 Subtotal and Average 7,463,200.00 7,221,000.00 7,220,550.30 7,221,000.00 4.825 516 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average 95,000.00 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 750 05/20/2004 95,000.00 95,000.00 95,000.00 6.083 750 Negotiable/Transferable CDs 0279999X1 10358 06035ADT7 10072 0649999X5 10346 203584AD9 10071 258115AV6 10041 10031 30241HXE3 10159 33847EGE1 10205 32109VAH7 10203 10195 356611FU2060 10168 39739BS36060 10162 10262 441800AY8060 10167 458657EV1 10688 51803KG35 10078 51803AVL0 10327 531554AG8 10166 509685AC7 10165 55256NKS2 10077 55262W W R3060 10151 10329 10038 685621CW2060 10034 82668FCS4 10137 798219AB7060 10146 856284GL2060 10135 789389HG3 10075 Run Date: 06/24/2002 - 15:07 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 1,017 02/11/2005 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 636 01/27/2004 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 988 01/13/2005 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 637 01/28/2004 Doral FSB 12/10/1998 99,000.00 99,000.00 98,384.22 5.350 5.493 588 12/10/2003 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 13.769 519 10/02/2003 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.700 679 03/10/2004 Flagstar Bank 05/14/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 13 05/14/2002 FNB of Lucedale 97,000.00 97,539.32 97,000.00 5.500 5.500 12 05/13/2002 FNB of Ammeericarica 05/06/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 5 05/06/2002 04/07/1999 97,000,00 99,872.17 97,000.00 5.600 5.600 707 04/07/2004 FremontGreenwoodTrust & Loan 5.600 686 03/17/2004 enwod Trust Company DE 03/17/1999 100,000.00 102,944.00 100,000.00 5.600 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 15.190 819 07/28/2004 Household Bank 04/07/1999 97,000.00 97,000.00 97,000.00 5.500 5.500 707 04/07/2004 INTERCRDIT BANK 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 4.900 1,825 04/30/2007 6.000 4,287 01/25/2014 Lasalle Bank NA 01l25/1999 95,000.00 95,000.00 95,000.00 6.000 3,282 04/26l2011 Lasalle Bank NA 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.665 4.660 695 03/26/2004 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000,00 5.550 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 695 03/26/2004 6.076 2,463 01/27/2009 M & I Marshall & lisle), Bank 01/27/1999 95,000.00 95,000.00 94,818.55 6.050 5.400 306 03/03/2003 MBNA America 03/03/1999 97,000.00 98,990.44 97,000.00 5.400 Bank of Mount Vernon 02/26/1999 100,000.00 100,000.00 69,971.36 6.550 15.910 1,232 09/14/2005 5.850 459 08/03/2003 Nations Bank (Barnett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 /04l2003 Orchard Federal Savings Bank 11/04/1998 99,000.00 93,258.00 99,000.00 5.750 5.500 552 5.750 552 111/04/2003 Signet Bank 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 5.400 672 0/29/2003 San Jose National Bank 03/03/1999 97,000.00 99,495.81 97,000.00 5.400 5.400 426 0303/2004 State Bank of India 02/12/1999 97,000.00 99,790.69 98,658.70 5.850 6.067 2,465 0/0/2003 St Francis Bank FSB 01/29/1999 95,000.00 95,000.00 94,525.00 ;loop Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments April 30, 2002 Page 5 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 640 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 100,000.00 78,963.99 6.570 14.890 541 10/24/2003 90331V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.505 1,009 02/03/2005 10332 Wilmington Trust Co 03/08/1999 100,000.00 . . 100,000.00 76,570.64 6.150 14.182 666 02/26/2004 Subtotal and Average 2,887,824.98 3,119,000.00 3,126,890.43 2,852,957.94 8.178 926 Federal Agency Securities 3133MHPDOC 10631 Federal Home Loan Bank 10/10/2001 100,000.00 99,625.00 100,000.00 4.550 4.550 1,076 04/11/2005 3133MHPL2C 10632 Federal Home Loan Bank 10/11/2001 100,000.00 99,563.00 100,000.00 4.520 4.520 1,076 04/11/2005 3133MJFR6 10639 Federal Home Loan Bank 11/07/2001 100,000.00 100,000.00 100,000.00 3.500 3.500 1,288 11/07/2005 3133MKQY6 10645 Federal Home Loan Bank 12/27/2001 105,000.00 104,311.20 105,000.00 4.050 4.052 880 09/27/2004 3133MK0G5C 10648 Federal Home Loan Bank 12/28/2001 100,000.00 99,406.00 100,000.00 4.600 - 4.600 1,154 06/28/2005 3133MKGG6 10652 Federal Home Loan Bank 12/21/2001 100,000.00 99,385.00 100,000.00 5.000 5.000 782 06/21/2004 3133MKEK9 10653 Federal Home Loan Bank 12/21/2001 100,000.00 99,476.00 100,000.00 4.000 4.000 965 12/21/2004 3133MKRP4C 10656 Federal Home Loan Bank 01/08/2002 100,000.00 99,875.00 100,000.00 4.820 4.820 1,164 07/08/2005 3133MKX85C 10657 Federal Home Loan Bank 01/24/2002 100,000.00 99,906.00 100,000.00 5.000 5.002 1,272 10/24/2005 3133ML3X1C 10658 Federal Home Loan Bank 01/29/2002 100,000.00 99,563.00 100,000.00 4.720 4.720 1,185 07/29/2005 3133MKY35 10664 Federal Home Loan Bank 01/24/2002 100,000.00 98,037.00 100,000.00 4.500 4.500 1,729 01/24/2007 3133MLJ63C 10667 Federal Home Loan Bank 02/15/2002 100,000.00 99,531.00 100,000.00 4.740 4.740 1,202 08/15/2005 3133MHLHN8 10668 Federal Home Loan Bank 02/15/2002 100,000.00 98,330.00 100,000.00 3.250 3.250 1,021 02/15/2005 3133MM4T7C 10673 Federal Home Loan Bank 03/21/2002 100,000.00 98,875.00 100,000.00 4.705 4.707 1,330 12/21/2005 3133MMDQ3C 10874 Federal Home Loan Bank 03/27/2002 100,000.00 100,000.00 100,000.00 4.625 4.627 1,336 12/27/2005 3133MMH08C 10675 Federal Home Loan Bank 03/28/2002 100,000.00 99,594.00 100,000.00 4.830 4.830 1,246 09/28/2005 3133MMGZOC 10676 Federal Home Loan Bank 03/28/2002 100,000.00 99,469.00 100,000.00 4.780 4.780 1,246 09/28/2005 3133MMDC4 10677 - Federal Home Loan Bank 03/28/2002 100,000.00 100,000.00 100,000.00 4.102 4.104 972 12/28/2004 3133MMHV8 10678 Federal Home Loan Bank 03/28/2002 100,000.00 100,000.00 100,000.00 4.200 4.200 881 09/28/2004 3133MMP23C 10684 Federal Home Loan Bank 04/12/2002 100,000.00 100,000.00 100,000.00 5.080 5.082 1,352 01/12/2006 3133MMRR6C 10685 Federal Home Loan Bank 04/17/2002 100,000.00 100,000.00 100,000.00 5.100 5.100 1,265 10/17/2005 3133MMJ79 10686 Federal Home Loan Bank 04/04/2002 100,000.00 100,000.00 100,000.00 4.500 4.500 1,069 04/04/2005 3133MMMA8 10687 Federal Home Loan Bank 04/11/2002 . 100,000.00 100,000.00 100,000.00 5.000 5.000 1,259 10/11/2005 3133MMKV4 10689 Federal Home Loan Bank 04/05/2002 100,000.00 100,000.00 100,000.00 5.000 5.000 1,253 10/05/2005 3133MMN58 10690 Federal Home Loan Bank 04/11/2002 100,000.00 100,000.00 100,000.00 5.030 5.030 1,259 10/11/2005 3133MMWRO 10691 Federal Home Loan Bank 04/19/2002 100,000.00 100,000.00 100,000.00 5.200 5.200 1,267 10/19/2005 3136FOSTOC 10612 Federal Natl. Mortgage Assoc. 07/18/2001 100,000.00 100,969.00 100,000.00 5.500 5.500 993 01/18/2005 Subtotal and Average 2,541,666.67 2,705,000.00 2,695,915.20 2,705,000.00 4.625 1,167 Run Date: 06/24/2002 - 15:07 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments April 30, 2002 Purchase Date Par Value Market Value • Stated YTM/C Days to Book Quo Rate Moody's 385 Maturity Page 6 Maturity Date Pass Through Securities 3133TGSG5 10637 31364TKP5060 31376PGY5 36218VD59020 36202A5C7020 36202A2B2020 36218NZQ7020 10103 10126 10087 10091 10106 10110 Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Subtotal and Average 32,947.62 11/30/1998 02/18/1998 12/01/1998 11/12/1997 11/25/1997 03/17/1998 04/16/1998 0.00 0.00 29,733.23 189.36 372.05 6.05 216.13 0.00 0.00 6.000 0.00 0.00 8.250 31,584.42 30,988.15 8.500 200.96 197.18 8.500 391.12 386.01 8.500 6.32 6.21 7.500 229.70 223.70 8.000 30,516.82 32,412.52 31,801.25 6.000 0 01/15/2013 7.307 0 11/01/2004 6.626 426 07/01/2003 6.685 137 09/15/2002 7.000 142 09/20/2002 6.957 19 05/20/2002 6.344 75 07/15/2002 6.629 418 Total Investments and Average 13,020,639.26 Run Date: 06/24/2002 - 15:07 13,170,516.82 13,170,768.45 12,905,759.19 5.538 745 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f SymPro City of National City Activity Report Sorted By Brokers April 1, 2002 - April 30, 2002 City of National City Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly 220872DT9 10174 Corus Bank Subtotal and Balance 5.450 04/16/2002 0.00 95,000.00 479,000.00 0.00 95,000.00 384,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs 10324 First Bank & Trust 82661YAG8 10339 Signal Bank N A 458657EV1 10688 INTERCRDIT BANK Subtotal and Balance 5.750 04/21/2002 6.500 04/23/2002 4.900 04/30/2002 0.00 0.00 95,000.00 2,438,000.00 95,000.00 100,000.00 95,000.00 0.00 195,000.00 2,338,000.00 Federal Agency Securities Subtotal and Balance 205,000.00 205,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 23.171% 31,152.23 3,248,152.23 8.500 04/15/2002 0.00 1,419.00 0.00 1,419.00 29,733.23 95,000.00 291,419.00 3,051,733.23 Brokers: Gilford Securities Inc Federal Agency Securities 3133MMP23C 10684 Federal Home Loan Bank 3133MMRR6C 10685 Federal Home Loan Bank Subtotal and Balance Run Date: 06/24/2002 - 15:09 1,200,000.00 Brokers Subtotal 10.630% 1,200,000.00 5.080 04/12/2002 . 5.100 04/17/2002 100,000.00 0.00 100,000.00 0.00 200,000.00 200,000.00 0.00 1,400,000.00 0.00 1,400,000.00 • Portfolio CNC CC DA (PRF_DA) SymRept V5.02f � r City of National City Activity Report April 1, 2002 -April 30, 2002 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 2 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly Subtotal and Balance 1,388,000.00 1,388,000.00 Negotiable/Transferable CDs Subtotal and Balance 781,000.00 781,000.00 Pass Through Securities 36218VD59020 10087 Govt. National Mortgage Assoc. 8.500 04/15/2002 0.00 106.27 36202A5C7020 10091 Govt. National Mortgage Assoc. 8.500 04/20/2002 0.00 170.33 36202A2B2020 10106 Govt. National Mortgage Assoc. 7.500 04/20/2002 0.00 190.37 36218NZQ7020 10110 Govt. National Mortgage Assoc. 8.000 04/15/2002 0.00 347.77 Subtotal and Balance 1,836.08 0.00 814.74 1,021.34 0.00 814.74 2,170,021.34 Brokers Subtotal 16.476% 2,170,836.08 Brokers: Mischler Financial Group Inc Federal Agency Securities 3133MMJ79 10686 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 2.278% Brokers: PaineWebber Inc 4.500 04/04/2002 200,000.00 200,000.00 100,000.00 0.00 100,000.00 100,000.00 0.00 300,000.00 0.00 300,000.00 Federal Agency Securities 3133MMMA8 10687 Federal Home Loan Bank Subtotal and Balance 100,000.00 Brokers Subtotal 1.519% 100,000.00 Brokers: U.S. Sterling Capital Corp. 5.000 04/11/2002 100,000.00 0.00 100,000.00 100,000.00 0.00 200,000.00 0.00 200,000.00 Certificates of Deposit - Monthly 10177 NYCommunity Bk/fmrly..Queens 5.650 04/22/2002 1041542/117391 10178 Insouth Bank 5.600 04/22/2002 10179 FNB of Elk River - 5.600 04/22/2002 Run Date: 06/24/2002 • 15:09 0.00 0.00 0.00 99,000.00 99,000.00 99,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of National City Activity Report April 1, 2002 - April 30, 2002 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10182 First Bank of Richmond SB 5.600 04/29/2002 0.00 99,000.00 10183 Umbrella Bank formely Argo Fed 5.600 04/30/2002 0.00 99,000.00 10491 Bank of Nashville, The 5.240 04/30/2002 0.00 99,000.00 10499 Omni Bank (United National Bk) 5.150 04/05/2002 0.00 99,000.00 10503 Centennial Bank of the West 5.100 04/30/2002 0.00 99,000.00 10504 NCB Savings Bank FSB 5.050 04/01/2002 0.00 99,000.00 10512 New South Federal Savings Bank 5.050 04/19/2002 0.00 99,000.00 10514 First State Bank Holly Springs 5.200 04/25/2002 0.00 99,000.00 10515 Second National Bank(Commerce' 5.050 04/24/2002 0.00 99,000.00 10693 Hinsbrook Bank & Trust 4.050 04/17/2002 99,000.00 0.00 10694 Premier Bank 4.150 04/22/2002 99,000.00 0.00 10695 First Alliance Bank 4.050 04/19/2002 99,000.00 0.00 10696 Business Bank of Fox River Vly 4.150 04/23/2002 99,000.00 0.00 10697 Illini Bank 4.200 04/24/2002 99,000.00 0.00 10698 American Bank 4.100 04/25/2002 99,000.00 0.00 10699 FNB of Elk River 4.050 04/29/2002 99,000.00 0.00 10700 Centennial Bank of the West 4.050 04/30/2002 99,000.00 0.00 Subtotal and Balance 5,845,000.00 792,000.00 1,188,000.00 5,449,000.00 Brokers Subtotal 41.373% 5,845,000.00 792,000.00 1,188,000.00 5,449,000.00 4' Brokers: Vining -Sparks IBG Federal Agency Securities 3133MKZ34 10655 Federal Home Loan Bank 5.040 04/24/2002 0.00 100,000.00 3133MMKV4 10689 Federal Home Loan Bank 5.000 04/05/2002 100,000.00 0.00 3133MMN58 10690 Federal Home Loan Bank 5.030 04/11/2002 100,000.00 0.00 3133MMWRO 10691 Federal Home Loan Bank 5.200 04/19/2002 100,000.00 0.00 Subtotal and Balance 400,000.00 300,000.00 100,000.00 600,000.00 Brokers Subtotal 4.556% 400,000.00 300,000.00 100,000.00 600,000.00 Total 100.000% 13,163,988.31 Run Date: 06/24/2002 - 15:09 1,587,000.00 1,580,233.74 13,170,754.57 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT Apr-02 FUND NUMBER FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 106 GRANT -CA LITERACY CAMPAIGN 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 178 POLICE HAT BADGES 179 NPT BUS DONATIONS FUND 183 LITERACY INITIATIVES VI 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 1303 191 GRANT -STOP PROJECT 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 200 30TH STREET CLEANUP FUND - 1304 203 PARK SECURITY/GTE LEASE 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 209 FY99-00 LITERACY INITIATIVES VIII 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 214 EVERY 15 MINUTES GRANT FY1999-2000 216 FULFILL GRANT FY 2001-2002 219 FY00-01 LITERACY INITIATIVE IX 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 222 WOW MOBILE GRANT FY 2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00-01 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 227 CLLS MATCHING FUNDS FY 2000-2001 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 234 EMPLOYEE COMPUTER PURCHASE FUND 270 NUISANCE ABATEMENT FUND 272 LITERACY INITIATIVES X 302 CDC PAYMENTS 303 CAPITAL FACILITIES FUND 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 343 STATE -LOCAL PARTNERSHIP 345 TRAFFIC CONGESTION RELIEF 347 PUBLIC RESOURCES ACCOUNT 363 SECURITY & FIRE ALARM REGULATION FUND 627 LIABILITY INS. FUND 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 633 UNEMPLOYMENT INSURANCE RESERVE 719 1911 ACT IMPROVEMENT BONDS 721 LIBRARY TRUST FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 727 BUILDING AND SAFETY T & A DEPOSITS ENDING BALANCE 6,007,753.53 501,511.68 876.09 489.16 167,941.45 1,556,921.77 50,000.00 95,000.00 35,859.95 61,432.39 14,145.43 9,470,030.76 248.11 222,072.99 345,616.58 12,353.14 2,217.93 134,925.45 142,649.81 11,231.06 206,207.58 35,729.10 466,146.85 29,327.17 478.51 129,802.97 72.56 614.65 1,991.68 1,595,578.97 246,996.49 46,771.80 790,133.74 680,492.04 50,000.00 11,392.91 637,381.07 28,000.00 115,174.18 8.60 196.62 95,670.37 349,228.00 2,833.95 33,522.00 4,278.94 17,052.63 8,444.58 2,592.09 432,029.02 9,651.40 672.96 69,753.85 93,833.93 50,000.00 2,633.38 146,510.55 324,000.00 369,592.27 137,117.00 1,290,681.21 863,864.91 480,306.82 98,465.89 505,064.53 8,686.45 35,972.50 4,397,118.53 1,577,546.82 273,440.71 102,050.00 1,424.52 43,645.11 64,407.32 2,500.00 TOTAL ALL FUNDS 35,>0b,367.01 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING APRIL APRIL FUND # FUND TITLE REVENUE YTD REVENUE 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 178 POLICE HAT BADGES 188 GRANT - HIDTA 190 30TH STREET CLEANUP FUND - 1303 191 GRANT - STOP PROJECT 192 LEASE ESCROW FUND 198 PROPERTY EVIDENCE SEIZURE 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND - 1304 201 NCJPFA DEBT SERVICE FUND 204 GALE GRANT 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 216 FULFILL GRANT FY 2001-2002 218 HIHG INTENSITY PREVENTION ZONE 219 FY00-01 LITERACY INITIATIVE IX 220 LOCAL LAW ENF. BLOCK GRANT FY2000-20 222 WOW MOBILE GRANT FY 2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00 225 ENGLISH LANGUAGE LITERACY INCENTIVE 227 CLLS MATCHING FUNDS FY 2000-2001 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 232 TRAN DEBT SERVICE FUND 233 LOCAL LAW ENF. BLOCK GRANT FY2001-20 234 EMPLOYEE COMPUTER PURCHASE FUND 272 LITERACY INITIATIVES X 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 313 GRANT-CMAQ 343 STATE -LOCAL PARTNERSHIP 345 TRAFFIC CONGESTION RELIEF 347 PUBLIC RESOURCES ACCOUNT 348 STATE GRANT 4,438,339.13 20,299,317.38 0.00 240,597.10 0.00 284,856.81 1,445.90 57,367.42 79,376.95 586,703.41 0.00 86,561.78 300.00 3,126.80 4,945.00 62,703.39 0.00 33,883.75 464,425.05 3,346,708.21 0.00 28,580.00 15,571.28 151,813.26 0.00 41,470.30 0.00 4,800.00 1,900.00 -23,542.00 0.00-63,372.11 0.00 200,235.11 0.00 113,399.00 900.00 21,385.75 8,423.00 62,413.62 15,675.58 137,941.63 25,459.00 25,459.00 0.00 145.21 0.00 32,565.65 0.00 36.28 95,515.77 36,400.04 0.00 7,019.21 5,724.00 84,133.00 0.00 119,064.26 0.00 51.16 0.00 36,441.00 0.00 16,865.24 0.00 366,521.98 0.00-9,784.94 0.00 18,118.16 4,562.62 42,500.27 0.00 124,389.36 0.00 69,300.00 43,173.61 102,817.15 0.00 262,175.35 0.00 83,919.46 0.00 78,569.26 0.00 19,432.14 0.00 677,263.02 0.00 18,469.00 0.00 19,781.33 0.00 47,474.00 0.00 10,019.12 0.00 147,125.00 0.00 50,000.00 67,100.00 252,230.00 0.00 405,156.87 33,284.45 166,738.25 0.00-218,447.15 0.00 755,918.77 0.00-7,862.28 0.00-359,925.59 0.00-649.61 44,200.88 128,916.98 0.00-49,140.00 263,412.00 263,412.00 ei APRIL FUND # FUND TITLE REVENUE YTD REVENUE 552 TDA 0.00 881,081.28 626 FACILITIES MAINT FUND 0.00 203.18 627 LIABILITY INS. FUND 73,751.96 814,890.67 629 INFORMATION SYSTEMS MAINTENANC 0.00 55,626.00 630 OFFICE EQUIPMENT DEPRECIATION 0.00-1,584.00 632 GENERAL ACCOUNTING SERVICES 0.00 2,110.00 643 MOTOR VEHICLE SVC FUND 0.00 509.72 721 LIBRARY TRUST FUND 0.00-713.43 TOTALS 5,687,486.18 31,251,691.98 mifik MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING APRIL FUND NO. FUND TITLE APRIL YTD.APRIL 001 GENERAL FUND 1,342,680.98 14,006,902.79 104 LIBRARY FUND 65,755.21 610,296.09 105 PARKS MAINTENANCE FUND 42,259.15 495,369.90 108 LIBRARY CAPITAL OUTLAY 1,429.98 19,199.69 109 GAS TAXES FUND 766.13 430,359.59 111 P.O.S.T. FUND 0.00 99,527.72 112 LOWER SWEETWATER FUND 0.00 4,254.28 113 CULTURAL ARTS FUND 0.00 5,000.00 120 PLAN CHECKING REVOLVING FUND 0.00 23,922.24 123 GRANT -FAMILIES FOR LITERACY 1,609.74 19,738.32 125 SEWER SERVICE FUND 86,790.42 5,751,096.17 130 EMT-D REVOLVING FUND 19.36 1,834.53 131 ASSET FORFEITURE FUND 5,520.42 43,384.46 135 SD COUNTY REG AUTO THEFT TASK 6,915.35 69,580.52 136 TINY TOT CLASSES FUND 69.90 3,310.00 145 JUVENILE EDUCATION FUND 0.00 5,567.22 147 GRANT -JUDGE PROGRAM 5,755.28 59,446.00 154 STATE PUBLIC LIBRARY FUND. 8,347.85 64,374.43 158 SWIMMING POOL REVOLVING FUND 0.00 20,204.25 171 LIBRARY SCHOOL DISTRICT CNTRCT 2,155.67 25,910.55 172 TRASH RATE STABILIZATION FUND 412.00 25,809.41 173 NATIONAL SCHOOL DIST CONTRACT 0.00 7,567.00 174 SWEETWATER SCHOOL DIST CONTRAC 5,892.54 60,269.10 182 COPS GRANT PART II 0.00 0.00 188 GRANT - HIDTA 3,368.55 54,123.74 189 CIVIC CENTER REFURBISHING 5,065.58 80,500.98 190 30TH STREET CLEANUP FUND - 1303 724.50 33,694.19 191 GRANT - STOP PROJECT 6,663.51 117,915.78 192 LEASE ESCROW FUND 0.00 39,223.59 193 COPS GRANT PART III 995.31 19,535.22 195 LANDSCAPE RESERVE 4,248.29 79,281.87 196 CAPITAL PROJECT RESERVE 0.00 79,245.15 198 PROPERTY EVIDENCE SEIZURE 0.00 389.04 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 36,441.00 200 30TH STREET CLEANUP FUND - 1304 0.00 4,640.72 201 NCJPFA DEBT SERVICE FUND 0.00 366,315.91 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 2,224.95 5,975.93 210 FY99-00 F.U.L.F.I.L.L. 0.00 17,921.54 211 SECURITY AND ALARM REGULATION FUND 1,408.01 26,801.46 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 99-0 0.00 124,389.36 216 FULFILL GRANT FY 2001-2002 0.00 25,000.00 218 HIHG INTENSITY PREVENTION ZONE 20,450.17 130,643.14 219 FY00-01 LITERACY INITIATIVE IX 0.00 257,896.41 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 0.00 66,866.83 222 WOW MOBILE GRANT FY 2000-2001 7,199.03 66,643.64 223 FACE TO FACE INFORMATION GRANT FY 00-01 0.00 16,840.05 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 9,697.26 239,897.46 227 CLLS MATCHING FUNDS FY 2000-2001 564.42 8,501.62 228 GROWING WITH MOTHER GOOSE GRANT 0.00 19,108.37 229 CLEEP GRANT 2,400.00 96,871.15 230 ABANDONED VEHICLE ABATEMENT GRANT 4,756.98 69,173.68 231 HOUSING PILOT PROGRAM 3,677.54 51,000.50 232 TRAN DEBT SERVICE FUND 0.00 39,701.84 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 16,144.99 53,291.07 272 LITERACY INITIATIVES X 20,551.25 105,719.45 301 GRANT-C.D.B.G. 16,660.01 536,335.24 302 CDC PAYMENTS 22,582.74 309,278.85 303 CAPITAL FACILITIES FUND 0.00 29,978.73 304 PARK DEVELOPMENT FUND 0.00 2,022.25 307 PROPOSITION A" FUND 39,557.76 856,774.95 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 450.00 . II FUND NO. FUND TITLE APRIL YTD.APRIL 313 GRANT-CMAQ 2,875.00 64,294.45 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 0.00 33,189.00 316 CALIFORNIA ENERGY COMM GRANT 0.00 12,500.01 343 STATE -LOCAL PARTNERSHIP 0.00 9,086.53 345 TRAFFIC CONGESTION RELIEF 104.37 19,067.68 348 STATE GRANT 3,410.35 37,874.24 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRN 0.00 2,800.87 552 TDA 34,952.98 1,492,466.46 626 FACILITIES MAINT FUND 77,169.87 1,016,351.28 627 LIABILITY INS. FUND 116,766.58 953,153.86 628 GENERAL SERVICES FUND 8,071.31 142,356.77 629 INFORMATION SYSTEMS MAINTENANC 23,432.89 262,387.27 630 OFFICE EQUIPMENT DEPRECIATION 6,694.63 413,444.08 631 TELECOMMUNICATIONS REVOLVING 8,933.98 154,056.36 632 GENERAL ACCOUNTING SERVICES 17,111.51 371,213.98 633 UNEMPLOYMENT INSURANCE RESERVE 0.00 2,171.00 643 MOTOR VEHICLE SVC FUND 39,950.01 874,809.87 721 LIBRARY TRUST FUND 0.00 35.11 TOTAL ALL FUNDS 2,104,794.31 31,782,573.79 City of National City Pooled Investment Transactions Report For the Month of April 2002 Date Description Institution Ref. No. Amount Beginning Balance 23,152,263.71 4/3 Deposit LAIF 574257 260,000.00 4/3 Deposit Adjustment LAIF 608355 (260,000.00) 4/5 Deposit LAIF 618062 230,000.00 4/9 Deposit LAIF 525487 250,000.00 4/15 Interest LAIF System 164,867.72 4/17 Deposit LAIF 482471 700,000.00 4/19 Deposit LAIF 810822 1,000,000.00 4/22 Deposit LAIF 772585 400,000.00 4/26 Withdrawal LAIF 356427 (400,000.00) Ending Balance 25,497,131.43 10 Apr_02 Combined Cash Reconciliation Worksheets 6/24/02 1ti G,Q16 City Clerk AEETING DATE July 2, 2002 City of National City, California COUNCIL AGENDA STATEMENT 9 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES:Benjamin Brown PREPARED BY Michael R. Dalla, CMCDARTMENT EXPLANATION The claim of Benjamin Brown arises from an occurrence on December 4, 2001 and was filed with the City Clerk's Office on June 4, 2002 ( Environmental Review xx_- N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ( N/A Resolution No. A-200 (9.99) .EETING DATE July 2.2002 ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT 10 AGENDA ITEM NO. CLAIM FOR DAMAGES: Kimberly Kreutzer PREPARED BY Michael R. Dalla, CMCDaARTMENT City Clerk EXPLANATION The claim of Kimberly Kreutzer arises from an occurrence on March 2, 2002 and was filed with the City Clerk's Office on June 3, 2002 CEnvironmental Review 1-Financial Statement N/A XX N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 )9 99) EETING DATE July 2, 2002 City of National City, California COUNCIL AGENDA STATEMENT 11 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTER 6.26, 6.28, 6.36, 6.41, 6.42, 6.43, 6.50 AND 6.58, AND AMENDING ITILE 10 BY AMENDING CHAPTER 10.26 TO PROHIBIT CARDROOMS, AND ADDING DIVISION X AND CHAPTERS 10.70 THROUGH 10.76 RELATING TO POLICE REGULATED BUSINESSES PREPARED BY DEPARTMENT EXPLANATION Rudolf HradeckyCity Attorney l Please see attached Staff Report. This proposed ordinance has been approved and coordinated with the Police and Planning Departments. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff report Proposed Ordinance Resolution No. A-200 (9:99) STAFF REPORT Ordinance for Adoption AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTERS 6.26, 6.28, 6.36, 6.40, 6.41, 6.42 6.43, 6.50 AND 6.58, AND AMENDING TITLE 10 BY AMENDING CHAPTER 10.26 TO PROHIBIT CARDROOMS, AND ADDING DIVISION X AND CHAPTERS 10.70 THROUGH 10.76 RELATING TO POLICE REGULATED BUSINESSES Report This ordinance is one of a series designed to make Title 6 more functional and to provide a regulatory process for those businesses and activities which, as a matter of law and policy, require regulation for the protection of the public. This proposed ordinance would repeal a number of chapters in Title 6 and simultaneously relocate certain of their provisions to a new division X in Title 10 as "Police Regulated Businesses" to thereby improve administration and enforcement. These provisions will complement the land use restrictions in Chapter 18.69 covering adult oriented businesses, peep shows, escort services and massage parlors, and make the resulting regulations among the strictest in the county. Overview of Ordinance This ordinance accomplishes the following: Chapter 6.26: Cardrooms — The prohibition against card rooms is retained and relocated to Chapter 10.26 (gambling) as new Section 10.26.070 with some minor language changes. No substantive change. Chapter 6.28: Carnivals, Circuses, and Shows — Recommended for repeal since the topic is now covered under the temporary use permit process of Chapter 15.60. Chapter 6.36: Escort Services — Would be relocated to new Chapter 10.74 as a police regulated business with stricter regulations. Chapter 6.41: Games of Chance — Would be repealed. The Penal Code already prohibits gambling, and parallel provisions exist in Chapter 10.26 regarding games of chance played for consideration. Chapter 6.42: Bingo - Would be relocated to Chapter 10.27 as a general police regulated practice. Chapter 6.43: Live (Adult) Entertainment — Would be relocated to Chapter 10.73 as police regulated business to complement zoning regulations under Chapter 18.69. 1 p Staff Report Police Regulated Businesses Chapter 6.50: Massage Establishments — Would be relocated to Chapter 10.76 as police regulated business with increased standards to ensure legitimate operation and eliminate any potential for prostitution masquerades. Chapter 6.58: Peep Shows — Would be repealed. There are already parallel provisions in Chapter 15.36 extensively regulating construction of peep shows booths, and Chapter 18.69 regarding adult oriented businesses. Permit issuance process is unnecessary due to the additional restrictions created in Chapters 15.36 and 18.69. Summary of Changes General: This ordinance moves chapters from Title 6 dealing with massage establishments, adult oriented entertainment with live performances and escort services into Division X of Title 10, as Chapters 10.71 through 10.76. Each of the chapters has been modified from its former provisions under Title 6 to increase regulatory standards and improve permit administration and revocation for breaches of standards of conduct. The changes proposed will be among the strictest regulations in the county, and will logically complement the zoning restrictions in Title 18, especially with regard to adult oriented businesses. The addition of Division X to Title 10 accomplishes the following through the addition of Chapter 10.70, which provides a uniform procedure for licensing and administration of police regulated businesses. These are businesses that, historically and legally, have been subject to increased governmental scrutiny because of the potential for vice, prostitution, gambling, fraud, or disposition of stolen property. The mechanics for regulation is the issuance of a police permit, which is a separate and distinct document from a business tax license. The former is a regulatory device; the latter a fiscal device. The business tax license is originally intended as a revenue measure. It is non - regulatory in the sense that not all businesses are subject to a regulatory enforcement mechanism governing how each business was to operate. Use of a business license as a general regulatory mechanism would therefore not only be unwieldy but unnecessary in the vast majority of cases, and revocation would be impractical. On the other hand, there are a limited number of businesses with a high potential for vice or fraud, and those businesses and the employees/performers would now be subject to regulation via a separate permit process. If the business or its operators or employees/performers violate specific regulations governing their operation, or violate state or federal law in an area which rationally and reasonably relates to the nature of that business, their respective permits may then be suspended or revoked, independent of any tax status. It would then be illegal for the business or performer to continue operation, and then be prosecuted and the business shut down. However, the revocation of the police permit would not prevent an operator from continuing a legitimate business on the premises that is not police regulated. This mechanism avoids problems associated with state law preemption issues or first amendment protected speech activity issues, where the content of what is being regulated is at issue. Instead, this focus is on "conduct" which can be independently regulated. Although total nudity can be 2 Staff Report Police Regulated Businesses banned under a recent U.S. Supreme Court ruling,' that opinion still leaves some questions unanswered. To avoid ambiguity, we propose to maintain a strict regulatory scheme. For example, while "nude entertainment" as a business may not be totally prohibited (as a form of "speech"), the conduct of the employees and patrons may be so restricted as to prohibit physical contact — violation of which would result in revocation of the police business permit. Food and beverage servers would be required to be clothed, however. Provisions are made for expedited review and appeal processes to ensure Constitutional law requirements are met, in accordance with the Baby Tam decision of the Ninth Circuit Court of Appeals? The process is also intended to allow for stricter regulation and hence improve effectiveness of police enforcement activity without a corresponding increase in resources. Commentary and Rationale as to Changes to Other Existing Provisions Currently, Title 6 attempts to regulate Massage Establishments (Chapter 6.50); Escort Services (Chapter 6.36); Live Entertainment at Adult Cabarets (Chapter 6.43); and Peep Shows (Chapter 6.58). The potential need for police oversight and enforcement for vice or prostitution is self- evident, regardless of the fact that there are no existing businesses in National City. Bingo more logically belongs in Title 10, not as a police regulated activity, but one that more logically relates to gambling and gaming enterprises. It is proposed that a new Chapter 10.27 concerning bingo be added, and, the existing Chapter 6.48 be relocated to that chapter, with some minor modifications to bring it current. "Carnival, Circuses and Traveling Shows" under Chapter 6.28 can be safely repealed. The TUP process already established and updated in Chapter 15.60 brings events of this nature sufficiently into a regulated permit process, and further specific regulation is therefore unnecessary. "Games of Chance" under Chapter 6.41 is proposed for repeal, since most of these devices or games have been addressed under Penal Code sections governing gambling and wagers. A review of the provisions originally adopted in 1950 suggests that no current enforcement objective is attained or necessary, and there has been no amendment of that chapter since 1950. The Police Department has recommended this chapter be repealed. "Escort services" under Chapter 6.36 and "Massage Parlors" under Chapter 6.50 would be more tightly regulated, with increased standards for operation of the premises. Exemptions from the scope of the ordinance are consistent with previous exemptions. Please note that holistic health practitioners are included in the scope of the ordinance, if massage is performed at that establishment. Holistic health practitioners are not licensed by the State, and often engage in some form of massage therapy as part of their regimen. However, staff recommends that massage therapy by non -state licensed holistic health practitioners should not qualify for exemption from this ordinance, even though the county and several other cities do exempt them. City of Erie v. PAP'sA.IvI.., TDBA "Kandyland", U.S. Sup. Ct. #98-1161, 2000 D.A.R. 3255 (March 19, 2000). 2 Baby Tam & Co., Inc. v. City of Las Vegas, 143 F3d 1097 (9th Circuit 1998). 3 Staff Report Police Regulated Businesses ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTERS 6.26 (CARDROOMS), 6.28 (CARNIVALS, CIRCUSES AND SHOWS), 6.36 (ESCORT SERVICES), 6.41 (GAMES OF CHANCE), 6.42 (BINGO), 6.43 (LIVE ENTERTAINMENT), 6.50 (MASSAGE ESTABLISHMENTS) AND 6.58 (PEEP SHOWS), AND AMENDING 1'fl'LE 10 BY AMENDING CHAPTER 10.26 TO PROHIBIT CARDROOMS, AND ADDING DIVISION X AND CHAPTERS 10.70 THROUGH 10.79 RELATING TO POLICE REGULATED BUSINESSES BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 6 is amended by repealing the following chapters: Chapter 6.26 Cardrooms Chapter 6.28 Carnivals, circuses and shows Chapter 6.36 Escort services Chapter 6.41 Games of chance Chapter 6.42 Bingo Chapter 6.43 Live entertainment Chapter 6.50 Massage establishments Chapter 6.58 Peep shows Section 2. That Title 10, Chapter 10.26 is amended by adding Section 10.26.070 to read as follows: 10 76 070 Cardrooms pmhihited-Misdemeanor. A. It is unlawful for any person to establish, open, keep, carry on, maintain, or assist in carrying on or maintaining any cardroom, premises or place in the city where any card table or other apparatus or place intended, designed, used or designated to be used for the playing of card games is kept for hire. Any person violating this section is guilty of a misdemeanor. Every act in violation of this section is, for each day of its continuance, a separate misdemeanor. B. As used in Section 10.26.070A, the term "for hire" means the payment or transfer of money or thing of any value to the owner, lessee or an employee or any other person in actual or apparent control of a premises for the purpose of the payor, transferor or a third party on behalf of the payor or transferor being allowed to play cards. 2002 Ordinance Police Regulated Businesses Section 3. That Chapter 10.27 is added to read as follows: Chapter 10_77 BINGO Section 10.27.010 Bingo authorized. 10.27.020 Definitions. 10.27.030 License required. 10.27.040 Application. 10.27.050 Fee for license. 10.27.060 Application investigation. 10.27.070 License not transferable. 10.27.080 Limitations. 10.27.090 Inspection. 10.27.100 Denial, suspension or revocation of permit. 10.27.110 Appeals. 10.27.120 Violations and penalties. 10 27 010 Bingo authorized. This chapter is renumbered from Chapter 6.42 and thereby readopted and recodified into Title 10 as Chapter 10.27 pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in this chapter. 10 27.070 Definitions. Whenever the following terms are used in this chapter, they shall have the meanings respectively ascribed to them in this section. A. "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random. B. "Eligible organization" means an organization exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(1) of the Revenue and Taxation Code and mobile home park associations and senior citizens organizations. C. "Minor" means any person under the age of eighteen years. 10 27 010 i .iiense required. It is unlawful for any person to conduct any bingo game in the city unless such person is both a member of, and acting on behalf of, an eligible organization, as described in subsection B of Section 10.27.020, and has been issued a license as provided by this chapter. 10 77 040 Application. Application for license shall be made to the city finance officer on prescribed forms, and filed not less than ten days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following: A. A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver's license number, 2002 Ordinance 2 Police Regulated Businesses B. The date(s) and place(s) of the proposed bingo game or games; C. Proof that the organization is an eligible organization, as defined by this chapter. D. Certification that the proceeds from the game(s) will only be used for charitable purposes. 10 97 050 Fee for license The fee for an annual bingo license and each annual renewal shall be fifty dollars. The appropriate fee shall accompany the submission of each application. If an application for a license is denied, one-half of any license fee paid shall be refunded to the applicant. 10 27.060 Application investigation. Upon receipt of an application for a license, the city finance officer is responsible for routing copies of such application to any appropriate office necessary to carry out a proper investigation of the applicant. The Chief of Police and every other officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game. Upon approval of any application for a bingo license, the city finance officer shall issue the license. 10.27.070 T.ic ense not transferable. Each license issued hereunder shall be issued to a specific person on behalf of a specific eligible organization to conduct a bingo game at a specific location and shall not be transferable from one person to another nor from one location to another. 10 27.080 Timitations. An applicant shall prove that the organization is an eligible organization. An eligible organization shall conduct a bingo game only on property owned or leased by it, which property is used by that organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subdivision shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. Proceeds from the game(s) shall only be used for charitable purposes. 10 27 090 Inspection. Any peace officer of the city shall have free access to inspect any bingo game licensed under this chapter. The licensee shall have the bingo license and the lists of approved staff available for inspection at all times during any bingo game. 10 77 100 Denial, suspension or revocation of permit. The City finance officer may deny an application, or may suspend or revoke an issued permit if the licensee has: A. Knowingly made a false, misleading or fraudulent statement of a material fact in connection with the application; or B. Violated any of the provisions of this Chapter 10.27. The city finance officer shall issue a written notice of decision to the licensee or applicant within five (5) business days following the action. Notice is effective when personally delivered or mailed to the address shown on the application or license. 10.27 110 Appeals. Appeals from action taken by the finance officer under Section 10.27.100 and the procedures on appeal shall conform to the provisions of Section 10.70.060. 2002 Ordinance 3 Police Regulated Businesses 10 27 120 Violations and penalties A. It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter. B. Any person violating any of the provisions or failing to comply with any of the requiremenfs of this chapter is guilty of an infraction and, upon conviction thereof shall be punishable as set forth in Section 1.20.010. C. All sanctions provided in this chapter shall be cumulative with and not exclusive of any civil or administrative remedy or penalty. Section 4. That Title 10 is amended by adding "Division X — Police Regulated Businesses" and a Table of Contents for Chapters 10.70 —10.79 as follows: Division X Police Regulated Businesses Chapters. 10.70 Police regulated business regulations 10.73 Live entertainment at adult oriented entertainment establishments 10.74 Escort services 10.79 Massage establishments Section 5. That Chapter 10.70 is added to read as follows: CHAPTER 10 70 POT.TC.F RF.CTTTLATF.T) RTISM-FRS RFCTTTT.ATTONS Sections. 10.70.010 Purpose and intent —Permit required. 10.70.020 Definitions. 10.70.030 Applications. 10.70.040 Investigation. 10.70.050 Permit issuance or denial. 10.70.060 Notice of decision. 10.70.070 Appeal. 10.70.080 Suspension and revocation. 10.70.090 Posting or exhibiting. 10.70.100 Inspection of licensed premises. 10.70.110 Duration. 10.70.120 Transfer of permit. 10.70.130 Transition provisions. 10.70.140 Public nuisance. 10.70.150 Violations and regulatory enforcement. 10.70.160 Severability. 2002 Ordinance 4 Police Regulated Businesses 10 70 010 Purpose and intent Permit required A. It is the purpose and intent of the City Council to establish procedures for permit issuance and regulation of certain businesses and activities as police regulated for the protection of the public health, safety and welfare. Businesses identified in this Division X (Chapters 10.70 through 10.79) have a high or degree of potential for one or more types of illicit activity —prostitution, gambling, fraudulent practices, or the concealment or facilitation of transfers of stolen property. Therefore, regulation of the operations of these establishments is appropriate to protect legitimate business practice and the public health, safety and welfare. B. A business, activity or a performer or technician which is identified in Chapter 10.71 through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or "regulated technician," as the case may be, and the specific regulations applicable to their conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly govern the administration and appeals process regarding the issuance, denial, suspension or revocation of any permit required to operate as a regulated business or activity or as a regulated performer or technician pursuant to Chapters 10.71 through 10.79. C. The issuance of a permit pursuant to this Chapter 10.70 does not excuse a regulated business, activity, performer or technician from complying with any other revenue or regulatory requirement of the Municipal Code or State law. The issuance of a certificate or permit under other provisions does not excuse compliance with or create a defense to any violation of the requirements of this Chapter 10.70 or Chapters 10.71 through 10.79, as applicable, or any other provisions of law or ordinance. D. It is unlawful for any person to operate a business or activity or perform or practice as a performer or technician regulated by this Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, without a valid permit issued by the Chief of Police, or to operate, perform or practice while the permit is suspended or revoked. Each day a violation of this Section 10.70.010D exists constitutes a separate misdemeanor. 10 70 090 Definitions. For purposes of Chapters 10.70 through 10.79, the following definitions shall apply: "Person" means and includes a natural person, a partnership, joint venture or a corporation. "Applicant" or "permittee" means: a natural person; and in the case of a corporation, its officers, directors and any shareholder owning more than 5% of any stock; and in the ease of a partnership, its general partners. 10 70 010 Applications. A. Any person required to obtain a permit pursuant to Chapters 10.71 through 10.79 shall file a written application with the Chief of Police and pay the regulatory fees set forth in the National City Fee Schedule. The applicant shall provide proof of payment of any regulatory fees imposed by the State of California. or County of San Diego contemporaneously with the filing. Written application forms prepared by the Chief of Police may require the applicant to be photographed, finger printed and to provide, in addition to the information listed below, such other information as is reasonably necessary to carry out the purposes of this chapter. The application form shall be approved as to form by the city attorney. B. An applicant for a permit shall submit the following information: 1. The full name and present address of applicant; 2. The previous addresses of the applicant for the three (3) years immediately prior to the date of the application and the dates of residence at each; 3. Written proof that the applicant is over the age of eighteen (18) years; 2002 Ordinance 5 Police Regulated Businesses 4. Applicant's height, weight, color of eyes and hair; 5. Three recent portrait photographs at least two inches by two inches taken within the preceding six (6) months, which accurately depict the current appearance of the applicant; 6. Business, occupation or employment history of the applicant for the three (3) years immediately proceeding the date of the application; 7. The business license and permit history of the applicant, including whether the applicant when previously operating in this or another city or state under a license or permit, has had that license or permit suspended or revoked, the reason therefore, and the business activity or occupation subsequent to the suspension or revocation; 8. All arrests and/or convictions in each applicable jurisdiction for the preceding five years, except minor traffic offenses, with full explanation of the circumstances; 9. If an applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors and each stockholder holding more than five percent of the stock of the corporation. If an applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. 10. An acknowledgement that the applicant consents to periodic inspection of the regulated premises or activity, and that revocation of the permit may occur for any unjustified refusal to allow the same. 11. An acknowledgement that the applicant has received a copy of Chapter 10.70 and any applicable chapter from Chapters 10.71 through 10.79 which regulate the business or activity of the applicant. 10 70.040 Investigation The Chief of Police, upon receipt of a written application for a permit and payment of the necessary fees shall promptly conduct an appropriate investigation to determine whether a permit should be issued in accordance with the provisions of this chapter. The Chief of Police shall consider any relevant factual material relating to such application. 10 70 050 Permit issuance or denial A. Issuance. The Chief of Police shall issue a permit, based upon investigation, if he or she finds: 1. That the operation or the premises of the activity, as proposed by the applicant, if permitted, would not violate any applicable laws, including but not limited to the city's building, zoning and health regulations; and 2. That the applicant, any other person who will be directly engaged in the management and operation of the regulated business or activity, or an applicant who is to partici- pate or perform services as a regulated technician or performer: a. Has not been convicted in any court of competent jurisdiction by a final judgment of any misdemeanor or felony, within the five years preceding the date of application, which rationally and reasonably relates to the conduct of the regulated activity; and b. Has not allowed acts to occur in prior business operations for the preceding five years which would violate those sections of the Penal Code listed in Section 10.70.050A.2.d, irrespective of a conviction or acquittal; and c. Has not had a permit to operate a business that is or would be regulated pursuant to Chapters 10.70 through 10.79 suspended or revoked in any jurisdiction, within the preceding five years; and 2002 Ordinance 6 Police Regulated Businesses d. Within the five (5) years immediately preceding the date of the filing of the application, has not been convicted in a court of competent jurisdiction of any of the following offenses: (1) Code Section 290; An offense that requires registration under California Penal (2) An offense which is a violation of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(a), 647(b), 647(d) or 647(h) of the California Penal Code; (3) An offense that is a reduction from any offense listed in Section 10.70.050A.2.d. (1) or (2) to some other offense under the Penal Code which would not require registration, pursuant to a plea of guilty negotiated prior to trial; or (4) Any misdemeanor or felony involving theft of property; and 3. That the applicant has not knowingly made any false, misleading or fraudulent material statement of fact in the permit application, or any other related document required by the City in connection with the application. B. Timeliness and conditional issuance of permit. Upon receipt of a properly completed application, the Chief of Police shall either approve or deny the application within 30 days. If the Chief of Police is awaiting investigation results from another governmental agency within those thirty (30) days, the Chief shall issue a revocable conditional permit on the 30th day if a local records check fails to disclose any disqualifying information and the operation would otherwise be in compliance with all other applicable laws and regulations; except that a revocable conditional permit shall not be issued to an escort or massage technician or operator until it affirmatively appears that there is no disqualifying information, in order to avoid the potential for physical harm to a potential patron pending final action. Any revocable conditional permit shall be revoked if further investigation discloses the existence of a disqualifying factor under this Section 10.70.050. C. Denial. If the Chief of Police finds any of the facts set forth in subsection A exist, no permit shall be issued. 10 70 060 Notice of decision Upon taking final action to issue or deny a permit appli- cation, or to suspend or revoke a permit under Section 10.70.080, the Chief of Police shall immediately give written notice of decision and the reasons to the applicant and to any other person requesting such notice. The notice of decision shall inform the applicant or permittee of the right to appeal under Section 10.70.070 and the time limits prescribed for such review. The Chief of Police or designate shall file a proof of service with the City Clerk establishing the method and date of service. The issuance of the notice of decision shall begin the running of any period of limitation for City Council or judicial review under Section 10.70.070 as follows: (a) Three (3) calendar days after mailing a notice of decision to the address shown on the application by both first class mail, postage prepaid with return address clearly marked, and by certified mail, return receipt requested. Receipt of either by the addressee shall constitute service of notice. Actual receipt, however, shall not be a pre -requisite to the running of any period of limitation. (b) Immediately upon personal service or personal delivery of the notice of decision to the applicant. 2002 Ordinance 7 Police Regulated Businesses 10.70.070 Appeal A. Any applicant or permittee aggrieved by the decision of the Chief of Police regarding the issuance, conditional issuance, suspension, revocation or denial of a permit, shall have a right to appeal to the City Council or to seek direct judicial review. B. An appeal to the City Council must be perfected within fifteen (15) calendar days after the service of a notice of decision by filing a letter of appeal with the City Clerk stating the basis for the appeal. No fee shall be required for an appeal to the City Council. Upon receipt of the letter of appeal, the City Clerk shall immediately set the matter for consideration by the City Council at its next regularly scheduled meeting. The City Clerk shall give the appealing party, and any other person requesting the same, at least five (5) calendar days written notice of the time and place of such hearing. C. At the time and place set for the hearing, the City Council shall give the appealing party and any other interested party a reasonable opportunity to be heard and show cause why the determination of the Chief of Police should not be upheld. After the Chief of Police or designee has presented the statement of facts upon which the determination was made, the burden to show that the action taken by the Chief of Police was not based on substantial evidence, or was arbitrary, capricious or unjustified shall be upon the appealing party. The determination of the City Council shall be final and conclusive and shall constitute the exhaustion of administrative remedy. The written determination of the City Council shall be served upon the appealing party by the City Clerk. Service shall conform to Section 10.70.060, and shall govern the commencement of any period of limitation for judicial review under Code of Civil Procedure Sections 1094.6 or 1094.8, whichever is applicable. D. If the appealing party does not appeal to the City Council within the fifteen day period, the applicant shall be limited to the filing of a writ of mandamus within the time limits specified in Code of Civil Procedure Section 1094.6, or any lesser period of time prescribed under Code of Civil Procedure Section 1094.8 for the review of administrative licensing or permit actions. When direct judicial review is applicable, the decision of the Chief of Police is deemed a final administrative action and shall constitute the exhaustion of administrative remedy. 10 70 080 Suspension and revocation. A. The Chief of Police shall suspend or revoke any permit issued under the provisions of this chapter if he or she finds that: 1. The operation conducted by the permittee violates any applicable laws, including but not limited to the city's building, zoning and health regulations and Chapters 10.70 through 10.79, as applicable; or 2. The permittee (including a regulated performer or technician) or any other person who is directly engaged in the management and operation of the regulated business has, while the permit is in effect: a. Allowed, committed or been convicted of an act that constitutes a violation of law which rationally and reasonably relates to the conduct of the regulated activity; or b. Allowed or committed acts listed in Section 10.70.050A.2 to occur at a regulated business, irrespective of adjudication, conviction or acquittal; or c. Allowed a regulated performer or technician with a contagious or communicable disease to perform services under the auspices of the permittee; or 3. The permittee had knowingly made a false, misleading or fraudulent, material statement of fact in the permit application or any other document required in connection with the application. 2002 Ordinance 8 Police Regulated Businesses B. The Chief of Police shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The Chief of Police may issue the order without regard to the status of prosecution or finality of a conviction affecting a permittee, so long as the Chief of Police has determined that sufficient facts exist to justify the suspension. The order shall be effective immediately if personally served, or seventy-two (72) hours after it has been deposited in the course of regular transmission in the United States Postal Service. C. Immediately upon the order becoming effective, the permittee shall cease all operations under the permit, and surrender the permit to the Chief of Police. D. Only when an appeal is taken to the City Council shall the order of suspension or revocation be stayed pending determination by the City Council in the manner set forth in Section 10.70.070 of this chapter. The determination of the City Council will be final and conclusive and constitute the exhaustion of administrative remedies. The decision shall advise the permittee of the time limits in which to commence an action for judicial review, as set forth in Section 10.70.060. If the permittee elects judicial review in lieu of an appeal to the Council, however, then the order of the Chief of Police shall be deemed a final order constituting the exhaustion of administrative remedy, and the commencement of time within which to file for judicial review. 10 70 090 Posting or exhibiting. A. Permits issued to an operator shall be posted in plain view at the main entrance to the premises where the business or activity for which the permit is issued is conducted, and shall remain posted while the permit is in force. B. Permits issued to a regulated performer or technician shall be carried on their person, except that the permit of a regulated performer or technician may instead be posted on the regulated premises together with the permit issued for the regulated business or activity. C. It is unlawful and a misdemeanor for any person subject to this chapter or Chapters 10.71 through 10.79 to fail to post or carry an issued permit as required by this section, or to fail to exhibit an issued permit upon demand of the Chief of Police or other designated officer. 10 70 100 Tnspection of premises. A. Issuance of a police permit is conditional upon the premises regulated under Chapter 10.71 through 10.79 being available for reasonable inspection by the Chief of Police, the Health Officer or city code compliance officials following approval of the application and during the operating hours of the regulated business or activity. Refusal to allow reasonable inspection during operating hours upon demand of an authorized official is grounds for the suspension or revocation of an issued permit, or the denial of an application for a permit. No application shall be granted if the premises do not meet applicable requirements of law or ordinance. B. If necessary or appropriate, the official may obtain an inspection warrant after inspection has been denied. Inspection pursuant to an issued inspection warrant does not mitigate or exonerate the suspension or revocation of the permit. C. The County Health officer is authorized to charge inspection fees established within the applicable fee schedule of the County of San Diego or the National City Fee Schedule. 10 70 110 Duration. Unless provided otherwise in Chapters 10.71 through 10.79, permits issued pursuant to this chapter remain valid until revoked, surrendered or abandoned. 2002 Ordinance 9 Police Regulated Businesses 10.70.170 Transfer of permit It is unlawful to transfer a permit from one person to another or to use a permit at another location except with the written approval of the Chief of Police. An application for transfer shall be in writing and accompanied by a processing fee established in the National City Fee Schedule. The application for transfer shall contain the same information required for an initial application for a permit. Any transfer of a permit in violation of this Section 10.70.120 is void and shall confer no rights upon the transferee nor create any obligation upon the City to honor the transfer or to afford notification or appeal rights under Sections 10.70.060 or 10.70.070 to either the transferor or the transferee. 10.70.130 Transition provisions A. A business lawfully conducting business in the city as of the effective date of this Chapter 10.70 that is to be regulated by Chapters 10.71 through 10.79 will be issued an appropriate police permit by the Chief of Police without further payment of fees, provided the business or activity was otherwise in compliance with the regulatory and fiscal provisions of the Municipal Code in effect immediately prior to the enactment of this ordinance. Permits issued pursuant to this Section 10.70.130A shall thereafter be fully subject to the provisions of Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, regarding administration, operation and licensing. B. An existing business that does not meet the compliance standards for permit issuance under Section 10.70.130A, and all new businesses commencing operations shall comply with Chapter 10.70 and Chapters 10.71 through 10.79, as applicable. 10 2t1 140 Public nuisance Each regulated business or any business that is required to be regulated that operates in violation of Chapter 10.70 through 10.79, as may be applicable, is a public nuisance and may be enjoined civilly or administratively. In addition, and to the extent not expressly provided elsewhere in this code, it is unlawful and a misdemeanor to maintain a public nuisance. 10 70 150 Violations and regulatory enforcement Violation of any of the mandatory requirements or prohibitions contained in Chapters 10.70 through 10.79 are misdemeanors and constitute grounds for suspension or revocation of an issued permit, except that any requirement or prohibition designated as "Regulatory only" will be treated only as grounds for suspension or revocation of an issued permit, and criminal prosecution may not occur for that violation 10 70 160 Severability. The City Council declares that the invalidity of any section or portion of Chapters 10.70 through 10.79 shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. Any provision determined invalid under the preceding sentence may either be severed or, if it can be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions. 2002 Ordinance 10 Police Regulated Businesses Section 6. That Chapter 10.73 is added to read as follows: Chapter 10.71 T TVE ADM IT T ENTERTATNMFNT AT AMU. T ORIENTED ENTERTAINMENT ESTARI ISHMF.NTS Sections- 10.73.010 Permit required. 10.73.020 Definitions. 10.73.030 Conditions for presentation of live adult entertainment. 10.73.040 Patron contact —Prohibited. 10.73.050 Food or beverage service Regulated. 10.73 010 Permit required. A. An "adult oriented entertainment establishment" defined in Section 1O.73.020A is a police regulated business, and a person performing "live adult entertainment" as defined in Section 10.73.020D in an adult oriented entertainment establishment is a police regulated performer. A police permit shall be required as a condition of operation or performance of activity of that business or activity. B. Issuance and administration of permits is governed by Chapter 10.70. 10 73.020 Definitions. A. "Adult oriented entertainment establishment" means an adult oriented entertainment business defined in Sections 18.69.020 and 18.69.030 which provides "live adult entertainment" as defined in Section 10.73.020D. B. "Specified anatomical areas" is defined in Section 18.69.02O(A). C. "Specified sexual activity" is defined in Section 18.69.020(B). D. "Live adult entertainment" means any type of presentation in which one or more persons appear before an audience of any number of other persons and engage in actual or simulated specified sexual activity or expose specified anatomical areas, or both. The mere presence of an employee unclothed or in attire, costume or clothing which exposes to public view any specified anatomical area of the employee, or the permitting or allowing any other person (including a patron) present on the establishment premises to participate in actual or simulated specified sexual activity, or to appear unclothed or in such attire, costume or clothing so as to expose the specified anatomical areas of that person, shall also constitute "live adult entertainment". E. A "live adult entertainer" is a person who performs "live adult entertainment", as that term is defined in Section 10.73.020(D). 10.73 030 Prohibitions and regulations for presentation of live adult entertainment. A. It is unlawful and a misdemeanor for any person to operate an adult oriented entertainment establishment without a valid adult oriented entertainment establishment permit. B. It is unlawful for any owner, proprietor, manager, person in charge, or any employee of an adult oriented entertainment establishment to allow upon the regulated premises any live adult entertainment by any person, whether as an employee, independent contractor, patron or customer, without the person performing the live adult entertainment possessing a valid live adult entertainer permit. 2002 Ordinance 11 Police Regulated Businesses C. It is unlawful for any person, whether as an employee, independent contractor, patron or customer, to perform live adult entertainment in an adult oriented entertainment establishment without a valid live adult entertainer's permit. D. Violation of this Section 10.73.040 is a misdemeanor and constitutes grounds for the revocation or suspension of any permit issued pursuant to this chapter. 10.73 040 Patron contact -Prohibited A. No live adult entertainer shall approach or be allowed to approach within six (6) feet of any patron of the permitted premises. B. Live adult entertainment shall be performed only upon a stage or platform during the progress of the entertainment. The stage or platform shall be located at a minimum height of eighteen inches (18") above the floor of, and at a minimum distance of six (6) feet from, the patron seating or viewing area. Patrons(s) shall not occupy or be allowed to occupy the stage or platform during any performance. C. A passageway of not less than six (6) feet in width shall be provided through any part of the room occupied by customers, guests or patrons when required for the ingress and egress of live adult entertainers to the stage or platform where live adult entertainment is presented. D. No adult entertainment establishment operator shall allow a patron to approach within six (6) feet of a live adult entertainer while any part of the performer's specified anatomical areas are exposed. E. Violation of this section is a misdemeanor and shall be grounds for the suspension or revocation of a permit issued to an operator as well as the permit of the regulated performer or live adult entertainer who causes any violation to occur. 10 73 050 Food or beverage service -Regulated. Food or beverage (alcohol or non - alcohol) servers in an adult entertainment establishment shall be clothed so as to fully cover the specified anatomical areas of the server while serving food or beverages to any patron. No portion of the specified anatomical areas of the server shall be exposed to view. Violation of this section is a misdemeanor and is grounds for the suspension or revocation of any permit issued pursuant to this Chapter 10.73. Section 7. That Chapter 10.74 is added to read as follows: Chapter 10 74 ESCORT SERVICES Sections: 10.74.010 Title and administration. 10.74.020 Purpose and intent. 10.74.030 Definitions. 10.74.040 Escort Service Operator Permit required. 10.74.050 Escort Service Technician permit required. 10.74.060 Advertising and patron conduct regulations. 10.74.070 'Records of engagements. 2002 Ordinance 12 Police Regulated Businesses 10.74.010 Title and administration This chapter may be cited as the National City Escort Service Ordinance. Issuance and administration of permits is governed by Chapter 10.70. 10 74 020 Purpose and intent It is the purpose and intent of this chapter to provide for the orderly regulation of escort service business in the city to ensure that an escort service business does not facilitate the practice of prostitution or allow persons who have been convicted of crimes of prostitution or violence to function as escorts, in order to protect the public health, welfare and safety. 10 74 030 Definitions. A. "Escort service" means any business providing social companions for hire to accompany a person of the opposite or same sex to events including, but not limited to, social events, sporting events and theatrical events. B. "Escort service technician" means any person employed by an escort service to render services as a companion for hire to its clients. C. "Specified anatomical areas" is defined in Section 18.69.020(a) and "specified sexual activity" is defined in Section 18.69.020(b). 10 74.040 Fscort Service Operator Permit required It is unlawful for any person to operate an escort service business within the city without the permit required by this chapter, or to employ or allow a person to act as an escort service technician unless such person has a valid escort service technician permit. 10 74 050 Fscort Service Technician's permit —Required. A. Except as provided in Section 10.74.050D, it is unlawful and a misdemeanor for any person to act as an escort service technician unless such person holds a valid permit issued by the Chief of Police. B. A permit to act as an escort service technician does not authorize the operation of an escort service business. A person with a valid permit to operate an escort service may also act as an escort service technician within or for the permitted escort service establishment. C. This Chapter 10.74 shall not apply to any private investigator or security operative licensed by the State of California to provide investigation or security services. D. This Chapter 10.74 shall not apply to an escort service technician who is licensed and operating under a valid escort service technician permit issued by another jurisdiction within San Diego County only so long as that person remains in compliance with Sections 10.74.060 and 10.74.070 during the performance of escort services within this jurisdiction. 10.74 060 Advertising and patron conduct regulations. A. No escort service business permitted under this chapter shall place, publish or distribute or cause to be placed, published or distributed, any advertising matter that describes or depicts any portion of the human body in a manner which, or through the use of descriptive language, would reasonably suggest that any service regarding the display of specified anatomical areas or the performance of specified sexual activity, or both, is available. B. No escort service technician performing services for hire or having accepted or solicited any form of consideration from a patron, shall: 1) disrobe or expose specified anatomical areas for the view of that patron or any other person; 2) allow the touching of the technician's specified anatomical areas by the patron; or, 3) touch the patron's specified anatomical areas, whether those areas are exposed or not. 2002 Ordinance 13 Police Regulated Businesses C. This section is regulatory only. Violation shall be grounds for revocation of the permit. 10 74 070 Record of engagements A. Every operator of an escort service business shall keep a record of the date and hour of each engagement, the name and address of the patron, and the name of the escort service technician engaged. This record shall be open to inspection by officials charged with the enforcement of these provisions for the purpose of law enforcement and for public health reasons. The information furnished or secured as a result of any such inspection shall be kept confidential and shall not be released to any source except pursuant to a lawful subpoena or court order. Records shall be maintained by the operator for a period of six (6) months from the date of engagement of services, and maybe destroyed after that date. B. Every patron must furnish photo identification to an escort service operator. Photo identification consists of one of the following: a valid driver's license issued by the patron's state or country of residence; a federal or state government or military identification card; a passport; or any other form of identification on which the patron's photograph and current address appears. If, because of physical disability, a patron is unable to furnish a governmentally issued form of photographic identification, an escort service operator is authorized to accept any commercially reasonable form of identification that will serve to identify that patron. C. The escort service operator shall maintain a record of the identification produced by the patron, which shall be kept for the times specified in subsection A. Notwithstanding the use of a credit card, each patron must comply with subsection B of this section. D. No escort service operator or technician shall provide services to a patron who has refused to provide required identification. This subsection D is regulatory only. Violation shall be grounds for revocation of the permit. Section 8. That Chapter 10.79 is added to read as follows: Chapter 10.79 MASSAGE PSTARI,ISHMENTS Sections 10.79.010 Title and administration. 10.79.020 Purpose and intent. 10.79.030 Definitions. 10.79.040 Massage establishment operator permit required 10.79.050 Massage Technician's permit required. 10.79.060 Additional application information required. 10.79.070 Minimum facilities required 10.79.080 Massage establishment operating requirements. 10.79.090 Off -premises massage —Prohibited. 10.79.100 Existing businesses —Regulated. 10.79.110 Exemptions. 10 79 010 Title and administration. This chapter may be referred to as the National City massage establishment ordinance. Issuance and administration of permits is governed by Chapter 10.70. 2002 Ordinance 14 Police Regulated Businesses 10.79 020 Purpose and intent It is the purpose and intent of this chapter to provide for the orderly regulation of a massage establishment business in the city in order to prevent the facilitation of prostitution. 10.79 010 Definition. Whenever in this chapter the following words or phrases are used they shall mean as follows: A. "Massage" means a method of pressure or friction upon the external parts of the body, including but not limited to rubbing, stroking, kneading, tapping with hand or any instrument, facial massage, fomentations, electric or magnetic treatment or alcohol rubs. B. "Massage establishment" means an establishment where massage is administered. It includes a massage parlor defined in Section 18.69.020N. C. "Massage technician" or "technician" means any person,', including a Holistic Health Practitioner as defined in Subsection H, who gives or administers to another person of the same or opposite gender, for any form of consideration, a "massage" as defined in this chapter. D. "Massage establishment operator" or "operator" means any person, including a Holistic Health Practitioner as defined in Subsection H, who operates an establishment to give or administer to another person of the same or opposite gender, for any form of consideration, a "massage" as defined in this chapter. E. "Permit" means an annual permit to operate a massage establishment or as a massage technician required by this code. F. "Qualified Massage Association." A qualified massage association is one that meets the following requirements: 1. Is 'a tax-exempt professional association recognized by the Internal Revenue Service under Section 501 of the Internal Revenue Service Code; 2. Has established as a minimum education requirement for membership a certificate of completion of 500 hours from a state approved school of massage which is devoted to a massage specialty with a state approved curriculum, or, has a written and practical testing of equivalency administered and overseen by its admission committee or by the National Commission for Certifying Agencies, satisfactory certification of which will be accepted in lieu of the minimum education requirement of 500 hours; 3. Requires participation and completion by members of a minimum number of hours of specified continuing education as a condition of continuing membership; 4. Has established rules of ethics and enforcement procedures for the suspension and revocation of membership of persons violating the rules of ethics; and 5. Allows membership to the general public meeting the requirements for membership on either a statewide or national basis, and, in fact, maintains a membership that reflects a substantial statewide or national participation by massage practitioners. G. The term "specified anatomical areas" is defined by Section 18.69.020. H. "Holistic Health Practitioner" means a non -medical or other health care therapist who uses acupressure (excluding "acupuncture") or a massage specialty and therapeutic approach in caring for clients, and who is not licensed by the State of California. 10.79.040 Massage operator permit required A It is unlawful for any person to operate a massage establishment in or upon any premises within the city without the permit required by this chapter, except as exempted Section 10.79.170. 2002 Ordinance 15 Police Regulated Businesses B. It is unlawful for the operator of a massage establishment to employ or otherwise allow a person who has not obtained a valid massage technician's permit to practice acts of massage upon the premises. 10 79 050 Massage Technician's permit required A. It is unlawful for any person to perform services as a massage technician without the permit required by this chapter. B. A massage technician permit does not authorize the operation of a massage establishment. Any person or massage technician who desires to operate a massage establishment must apply separately for a permit. C. Any person currently operating under a massage technician permit issued prior to the effective date of this chapter shall, within thirty (30) days after the effective date of this chapter, obtain the permit required by this section and comply with all other provisions of this chapter; provided however that a currently licensed massage technician who lacks the requisite hours or prior training experience now required under this Chapter 10.79, will be issued a replacement permit which will thereafter be subject to immediate revocation for any violation of this chapter or Chapter 10.70. Thereafter, any future permit application by that person must demonstrate full compliance with this chapter. 10 79 060 Additional application information required. In addition to compliance with Section 10.70.020, any applicant for a permit under this chapter shall submit the following information: A. A certificate from a medical doctor licensed to practice in the state, stating that the applicant has within thirty (30) days immediately preceding the date of the application been examined and found to be free of any contagious or communicable disease; B. Applicant shall be required to furnish fingerprints; C. Applicant must furnish proof of certification by the National Certification Board for Therapeutic Massage and Bodywork attesting to a minimum of 500 hours of instruction and membership in a qualified massage association, as defined in Section 10.79.030. 10 79 070 Minimum facilities required. No permit to conduct a massage establishment shall be granted unless an inspection by the Chief of Police and the County Health Officer and the Fire and Building officials demonstrates that the proposed establishment does or will comply with each of the following minimum requirements; A. A recognizable and legible sign is posted at the main entrance identifying the premises as a massage establishment. B. Minimum lighting of at least 40 watts is provided in accordance with the Building Code of the city. C. Minimum ventilation is provided in accordance with the Building Code of the city. D. Equipment approved by the health department for disinfecting and sterilizing instruments used in performing acts of massage is provided. E. Hot and cold running water is provided at all times. F. Closed cabinets are provided, which cabinets shall be utilized for the storage of clean linen. G. Adequate bathing, dressing, locker, and toilet facilities are provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each person to be served, which locker shall be capable of being locked, and a minimum of one toilet and one 2002 Ordinance 16 Police Regulated Businesses wash basin shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at such establishment, a separate massage room or rooms, separate dressing facilities, and separate toilet facilities shall be provided for male and female patrons, each with appropriate gender identification signs visible on the door. H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wooden surfaces must be painted with a washable, mold resistant paint. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms must be thoroughly cleaned and disinfected each day the business is in operation with a disinfectant approved by the health department. Bathtubs must be thoroughly cleaned and disinfected after each use with a disinfectant approved by the health department. I. A minimum of one separate wash basin is provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and is located within or as close as practicable to the area devoted to the performing of massage services. In addition, there must be provided at each washbasin sanitary towels placed in permanently installed dispensers. 10 79 ORO Massage establishment operating requirements. No person, association, partnership or corporation may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a massage establishment unless each and all of the following requirements are met: A. Massage operations may only be carried on, and the premises may only be open, between the hours of 10:00 a.m. and 12:00 midnight. B. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The service shall be described in readily understandable language in English and may also then be described in any other language. No owner, operator, responsible managing employee, manager, perm ittee or licensee in charge of or in control of the massage establishment shall permit and no massage technician shall offer or perform, any service other than those posted. C. The massage establishment business tax license, massage establishment permit, public health permit and a copy of the permit of each and every massage technician employed by or working in the establishment must be displayed in an open and conspicuous public place on the premises. D. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and similar equipment. Each washbasin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room. E. Clean and sanitary towels, sheets and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted, and reuse is prohibited unless they have been first laundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle. F. Disinfecting agents and sterilizing equipment shall be available for any instruments used in performing any massage. Instruments will be disinfected or sterilized after each use. G. Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material. 2002 Ordinance 17 Police Regulated Businesses H. Each establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas. Such coverings shall be used for one customer only and shall not be reused without first being cleaned. I. No owner, operator, responsible managing employee, manager, or pennittee in charge of or in control of a massage establishment shall permit a massage to be given unless the patron's specified anatomical areas are covered during the entire massage by the covering referred to in subsection (H). J. With the exception of bathrooms or dressing rooms not open to public view, no person or persons shall be permitted in any area within the massage establishment which is used in common by the patrons or which can be viewed by patrons from such an area, unless the specified anatomical areas of all persons within that area are fully covered. K. It is unlawful for an owner, operator, responsible managing employee, manager, pennittee in charge of or in control of a massage establishment to permit any massage technician to perform any service or task while in the presence of a patron or to be on the premises of a massage establishment during its hours of operation unless the massage technician is fully covered from a point not to exceed four (4) inches above the center of the kneecap to the base of the neck. Such covering shall be of an opaque material and shall be maintained in a clean and sanitary condition. L. No owner, operator, responsible managing employee, manager, permittee or licensee in charge of or in control of a massage establishment shall permit any person to massage or intentionally touch the specified anatomical areas of another person while performing the services of a massage technician. Violation of this subsection L is regulatory and shall be grounds only for the suspension or revocation of the issued permits. 10.79_090 Off -premises maasa e—Prohibited. It is unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted or carried on, the business of massage in any hotel room, motel room, guesthouse or other place of public accommodation. This section shall not be construed to prohibit: A. Maintaining a licensed massage establishment upon the premises of a place of public accommodation; or B. The holder of a permit issued pursuant to this chapter from giving or administering massages within hospitals, convalescent centers, rest homes or the private home of a patron. 10.79 100 Existing businesses —Regulated The provisions of this chapter shall be applicable to all persons and businesses described in this chapter whether the described activities in the chapter were established before or after the effective date of this chapter. 10 79 110 Exemptions. This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other professionals who are licensed to practice their respective professions by the State of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the State of California, pursuant to the Business and Professions Code. B. Nurses who are registered under the laws of this state and who administer a massage in the normal course of nursing duties. C. A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete. 2002 Ordinance 18 Police Regulated Businesses D. Barbers and beauticians duly licensed under the laws of the state who administer a massage in the normal performance of their profession. E. Any duly licensed establishment in which the above -described persons practice their respective professions, provided the massages are given only by such exempt individuals. F. Any bona fide athletic club which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section. Section 9. Severahility. The City Council declares that the invalidity of any section or portion of this ordinance or the chapters thereby adopted shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. PASSED and ADOPTED this day of , 2002. A 1 I EST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, lII City Attorney 2002 Ordinance 19 George H. Waters, Mayor Police Regulated Businesses iriEETING DATE City of National City, California SECOND READING COUNCIL AGENDA STATEMENT July 2i 2002 AGENDA ITEM,; 12 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE (APPLICANT: COMMUNIT DEVELOPMENT COMMISSION) (CASE FILE NOS. GP-2002-1, ZC-2002-1, IS-2002-2) , PREPARED EY Andrew Hos inson EXPLANATION DEPARTMENT Planning The Council voted to approve this re -zoning at the June 4"' public hearing. The attached ordinance is needed to follow through on the action. A resolution is also needed and is provided as a separate agenda item. Environmental Review JC N/A Negative Declaration Financial Statement N/A STAFF RECOMMENDATION Adopt the proposed Ordinance. tr BOARD l COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed 1. Ordinance 2. Location Map Account &t Resolution A-200 (9/80) ORDINANCE NO. 2002 — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE APPLICANT: Community Development Commission CASE FILE NOS. GP-2002-1, ZC-2002-1, IS-2002-2 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Negative Declaration which addresses both said General Plan amendment and rezoning; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan, since the General Plan encourages high intensity commercial and complementary development along major roadways, and since the General Plan encourages the revitalization of existing shopping areas and the reuse of existing buildings. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. follows: Section 2. That all the real property described below is hereby rezoned as Ordinance No. 2002 — Page Two From CT and CT-PD (Commercial Tourist and Commercial Tourist -Planned Development) to CG PD (Commercial General -Planned Development) for approximately 779,288 square feet (17.89 acres) of property located west of National City Boulevard, east of Roosevelt Avenue and north of 7th Street and for adjacent street right-of-way, as described on the Location Map for case file Nos. GP-2002-1, ZC-2002-1, and IS-2002-2 on file in the office of the City Clerk. Section 3. That a Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. PASSED and ADOPTED this 18th day of June, 2002. George H. Waters, Mayor AT 1'hST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT AREA N ZONE BOUNDARY '• CITY BOUNDARY LOCATION MAP North of 7th St. between National City Blvd. and Roosevelt Ave. GP-2002- NATIONAL CITY PLANNING 02/26/02 INITIAL HEARING: 05/20/02 w1EETING DATE July 2, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 ITEM TITLE NOTICE OF DECISION — VARIANCE TO ALLOW LESS THAN REQUIRED PARKING FOR AN EXPANSION OF THE HIGHLANDER SENIOR RESIDENCES AT 2525 HIGHLAND AVENUE (APPLICANT: JOSEPH BENDAH) (CASE FILE NO. Z-2002-1) PREPARED BY Charley Marchesan DEPARTMENT Planning EXPLANATION The CG (General Commercial) zoned property is developed with the Highlander Senior Residences, an assisted living facility consisting of a three story building over a parking garage. The facility was previously approved by the City with 151 bedrooms, a maximum occupancy of 230 people, and 78 parking spaces (CUP-87-3). A significant slope on the property results in the first floor of the facility being level with Highland Avenue, while the parking garage is level with I Avenue to the east. The applicant proposes to convert a 6,000 square foot section of the parking garage into an Adult Day Health Care facility. The facility would provide supervision, therapy, and activities for up to 75 people during standard work hours. A Variance is requested since 23 parking spaces will be removed by the new construction; 55 parking spaces would remain. The Planning Commission held a public hearing on this matter May 20, 2002, and continued the item until June 3, 2002. At these meetings the Commission heard testimony from two adjacent property owners voicing parking and security concerns. The Commission considered data showing similar ratios of parking for existing assisted living and day care facilities in the area. They also discussed parking needs once the applicant reaches a higher occupancy rate for the assisted living facility. The item was approved with conditions limiting the approval to three years, and reducing the maximum occupancy for the assisted living facility to 190 persons. Environmental Review Financial Statement X N/A Categorical Exemption N/A Account No. STAFF RECOMMENDATION �,� Staff concurs with the decision of th tiff' Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Variance. Vote: Ayes—Valderrama, Ungab, Parra, Reynolds Abstaining —Flores, Baca, Graham ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 15-2002 2. Location Map Resolution No. 3. Reduced site plan and elevations 4. Site Photos A-200 (9/80) RESOLUTION 15-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A VARIANCE TO ALLOW LESS THAN REQUIRED PARKING FOR AN EXPANSION OF THE HIGHLANDER SENIOR RESIDENCES AT 2525 HIGHLAND AVENUE APPLICANT: JOSEPH BENDAH CASE FILE NO. Z-2002-1 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application to allow less than required parking for an expansion of the Highland Senior Residences at 2525 Highland Avenue at a duly advertised public hearing held on May 20, 2002 and continued to the meeting of June 3, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2002-1 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 20, 2002 and continued to the meeting of June 3, 2002, support the following findings of approval: 1. That because of special circumstances applicable to the property, including size, location and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprive such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the remaining parking spaces on -site will be sufficient for the proposed expanded use, without creating any off -site parking demand. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is situated, since most participants of the existing Senior Residence and proposed Adult Day Health Care Center do not drive and the applicant has a passenger van for shuttling participants to and from the site. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the proposed Adult Day Health Care is substantially similar to the Assisted Living Facility use which was previously permitted at the site by a Conditional Use Permit (CUP-1987-3), and since both uses are allowed in the CG (General Commercial) zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Variance authorizes a reduction in required on -site parking at 2525 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A 2nd Revision, Case File no. Z-2002-1, dated April 19, 2002. 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 Building Plans shall show bollards placed at the entrance to the new Adult Day Health Care Center, sufficient to prevent a vehicle from damaging the facility. 4. The maximum number of beds at the Highlander Senior Residences shall not exceed 190. 5. A walkway shall be delineated with paint or some other marker, to direct pedestrian traffic between the new Adult Day Health Care Center and the existing Assisted Living Facility 6. Bubble -mirrors shall be placed at the entrance/exit of the parking garage to allow safe vehicular ingress and egress. 7. Attendees of the Adult Day Health Care facility shall not be picked up or dropped off on I Avenue. 8. Three parking spaces located along the northern property line and abutting the Adult Day Health Care facility shall be re -striped to provide one van parking space, including a passenger loading area. 9. The maximum occupancy of the Adult Day Health Care Center shall be limited to 75 persons. 10. Exterior walls for the Adult Day Health Care facility shall be stuccoed and painted to match the existing building. 11. If the Adult Day Health Care or Assisted Living facility uses at the site are discontinued, the area occupied by the Adult Day Health Care facility shall be converted back to a parking garage. 12. Before this Variance stall become effective, the applicant and the property owne th shall sign and have notarized an Acceptance Form, provided by the Planning De rtment, 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 Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. The parking Variance shall expire after three years of the date of adoption of the Resolution approving the Variance. At the point of expiration, the applicant shall re -apply to continue the Variance, or the area occupied by the Adult Day Health Care facility shall be converted back to a parking garage. 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 June 17, 2002, by the following vote: AYES: VALDERRAMA, UNGAB, PARRA, REYNOLDS NAYS: ABSENT: ABSTAIN: FLORES, BACA, GRAHAM 100 0 100 Feet PROJECT LOCATION ZONE BOUNDARY N A LOCATION MAP 2525 HIGHLAND AVENUE Z-2002-1 NATIONAL CITY PLANNING DRN DATE: 5/7/2002 INITIAL HEARING: 5/20/2002 C�Eiyhlan er Qhenicr Residence cVatimal City zsv nl6N1-AN0 qyc NAIr7 '_'' c/r7, CA. Ikeda -Ohio -Architect hio•Archjtect Yee i°S OS 6 Fea. f.X 9YIS) c5557 )4es lacXlF• (6V1 L6o-A]6- 14151�6')A]ID 55p 061CII - PRCIIIS)6 11A1.1Y4 4IGISSNYC])Ol CWIW.MMS EX,ST COAT WM.). • DECK GARDEN r BLOCK WALL. Wi Litr VERT REBRDEa&OIC AND 1.4 HOR.REBARS @EVERY 3-LAYERS, MATCH EXIST. STUCCO FM. OAT STUCCO FIN. WATCH EXIST.) WTH 415 FELT PAPER & STUCCO WIRE MESH, PROVIDE STUCCO SCREED BOTTOM LINE FRONT ELEVATION IA INCH - 1 FOOT ) EXIST 8050 $L. WOO • NEW 3011.1 DOOR FIRE EXIT SCALE, THREE STORY EXIST. BLIFING EXIST. 8060 1L.WDO L Ex:,s7..CONC WALL / ) EXIST 0050 EL NCO ! • E XST CO,,C Vr,L.LL I; EXIST DOOR FIRE EXIT THREE STORY EXIST. BOLDING MA VERT. REBARS 36' OIC • NO HOR. REGARD @EVERY 3-LAYERS BASEMENT SECTION - 2 REAR ELEVATION SCALE: 1/4 INCH v 1 FOOT /135Z/MOZIPM DROPPED CELL. @ MGT.- BASEMENT SECTION - 3 THREE STORY EXIST. BUILDING 2X,1 DBL. PLATE WIN SHOT PINS @ 16'0/C' SIT GYP. BD. (VP. TO All INTERIOR MIS) . ITA P TOY. SOLE PLATE WITH SHOT PINS a 24* ON CENTER EXIST. CONC. SLAB SECTION - 4 SE' STUCCO FIN. (MATCH EXIST )WTH UISFELT PAPER N STUCCO WINE MESH 256 DBL. PLATE WITH SNOT PINS I@ 16' 0/C 2X6 STUDS ES IT SIC WIT -ID INSUL. (TYP. TO ALL EXTR WALL), USE 5/11GYP. BD FOR INTERIOR SIDING. 255 P.T.D.F. SOLE PLATE WITH HIS DIA. Mr - ANCHOR BOLT gX 0/E, DRILLED. WITH SHOOT (NO SPECIAL ASP.) . . SECTION - 1 SITE PHOTOS View of Project Site looking west from I Avenue View of Proposed Front Entrance to the Adult Day Health Care facility looking east from Highland Avenue „AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 2, 2002 AGENDA ITEM NO. 14 ITEM TITLE TEMPORARY USE PERMIT - NATIONAL CITY CHAMBER OF COMMERCE — HERITAGE DAYS ANNUAL1'�PARADE OF VINTAGE CARS AND AUTO SHOW PREPARED BY Claudia Caro, Permit Tech. DEPARTMENT Building and Safety EXPLANATION This is a request from the National City Chamber of Commerce to conduct the Annual National City Heritage Days Annual Parade of Vintage Cars and Auto Show in Kimball Park from 9:00 a.m. to 4:00 p.m., on Sunday, August 4, 2002. The Parade of Vintage Cars will form at Cleveland Avenue and 20th Street at 8:30 a.m. Led by police reserves, the cars will drive down the Mile of Cars and past some historic homes, ending at Kimball Park at 10:00 a.m. There will also be food vendors, live international entertainment, games and local vendor booths. The Chamber is requesting to use the City's P.A. system and stage and also for the City's 1925 Fire Engine to be on display. City Council Policy No. 704 limits events in the park to a minimum of 6 weeks between events. The Lions Club 4th of July event ends on July 7`1' leaving only 4 weeks between the events. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. CEnvironmental Review X N/A Financial Statement The City has incurred in costs $345 for processing the T.U.P. throfttMakietisftity departments and Fi c Director $369.36 for the Police Department and $500 for the Public Works Department, total $1,214.3g. N/A Account No. 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 and waive the 6-week requirement for use of the park. 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: National City Chamber of Commerce EVENT: Heritage Days Annual Parade of Vintage Cars and Auto Show DATE OF EVENT: Sunday, August 4, 2002 TIME OF EVENT: 9:00 a.m. to 4:00 p.m. APPROVALS: PLANNING FIRE PUBLIC WORKS FINANCE POLICE PARKS & REC. ENGINEERING CITY ATTORNEY RISK MANAGER COMMUNITY DEVELOP. YES [x] NO [ ] YES [x] NO [ ] YES[x] NO[ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES[x] NO[ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x CONDITIONS OF APPROVAL: FIRE 336-4550 1. During the parade: • No Fire Department access is to be blocked at any time. • Right-of-way shall be given immediately to all emergency vehicles. • No fire hydrants FDC's, Fire Department connections shall be blocked at any time. 2. At Kimball Park: • The above stipulations shall remain in effect. • Also, a site map shall be provided describing the layout of vehicles, food booths, emergency access routes, etc. Fire apparatus requires a 20 foot width and a 13 foot 6 inch vertical clearance. • Fire extinguishers with a 2A:10BC rating will be required at least every 75 feet. FINANCE 336-4330 1. A Business License is required for each vendor present on this event. A list of all approved vendors is to be provided to the Revenue and Recovery Division of the Finance Department. PARKS & REC. 336-4290 1. Parks & Rec. will coordinate event with other city departments if approved. 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 in the vicinity of the parade of cars. Call James at (619) 336- 4380. 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. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Standard hold harmless signed. (Done ) COMMUNITY DEVELOPMENT 1. No problem for Kimball/Morgan Towers as long as access is not blocked. 2. Amplified sound systems should be turned away from the directions of Towers and everything is over by 6pm. POLICE 1. I recommend the neighborhood police bus, which includes 1 officer on overtime, 2 reserve officers, 1 explorer or RSVP volunteers. 2. The cost for 1 officer on overtime: a. 8 hours x $46.17 per hour = $369.36 PUBLIC WORKS 1. Electrician to provide electrical service. Two (2) custodians to provide and set up chairs. 2. Approximate cost to Public Works Facilities Maintenance: $500.00 (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX 6/4/02) a\heritge.doc Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Event Location: Fair _ Demonstration _ Grand Opening Festival X Community Event _ Circus _ Block Party Other National City Auto Heritage Day Kimball Park EverffDate(s): From 1,Aug.4.02to one day Total Anticipated Attendance: h non Month/Day/Year ( Participants) ( Spectators) Actual Event Hours: 9 am/pm to 4 am/pm Setup/assembly/construction Date: 8/ii /02 Start time: 7a .m. Please describe the scope of your setup/assembly work (specific details): Fnn(l and Craft Booths, Placement of cars for Auto Show, Stage and P.A. for entertainment. Dismantle Date: 8/4/02 Completion Time: 5 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of. reopening. Parade of Vintage cars forms at 20th & Cleveland at 8:30a.m. and end- at Kimball Park at 10:00a.m. Nn atraat rinain&ra nPt.Paaary Sponsoring Organization: National City Chamber of Commerce Chief Officer of Organization (Name) Applicant (Name): Edith A. Hughes For Profit y Not -for -Profit National City Chamber of Commerce Address: 711 "A" Avenue, National City, CA 91950 Daytime Phone: (619) 477-9339 Evening Phone: (619) 475-6124 Fax: (519)477-5018 Contact Person "on site" day of the event: Patti Finnegan Edith A. Hughes Pager/Cellular: 392-2982 887-0591 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? X YES _ NO If YES, please explain the purpose and provide amount(s): Auto Pntry fPP - $10.00 craft booth - $30.00 Food - $/5.00, game - $20.00 Free Admission $19, 500 $15,925 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ 3, 575 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. To celebrate National City's Automotive History. Vehicles on show will include Antiques, Classics, Vintage, Customs, Race Cars, Trucks, Bikes and Motorcycles. Family event, open to the public. There will be food vendors, live international entertainment, games and local vendor/craft booths. We also request the City's 1925 Fire Engine to be on display. NA YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES x NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: and Crafts g 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. (attached)involve YES _ NO Does the event a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Kimball Park . YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 1 Sizes 20x20 tent top only NOTE: A separate Fire Department permit is required for tents or canopies. g YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Food will be served by local National City Restaurants. If you intend to cook food in the event area please specify the method: . GAS X ELECTRIC CHARCOAL _ OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 6 (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) 5 regular, I handicap and Park restrooms ➢ 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 A. 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: provided Trash containers with lids: by City Describe your plan for clean-up and removal of waste and garbage during and after the event: Vendors will clean up their areas. 3 Please describe your procedures for both Crowd Control and Internal Security: Police Reserves _ 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 g 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: oran Park arcs Please provide a detailed description of your PARKING plan: Parking around Park Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: letter will be sent to nP;ghhnrhnnA roa;lopts_ NOTE: Neighborhood residents must be notified 72 hours in advance when events are schefduled 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. 1 Number of Stages: Number of Bands: Type of Music: Community and school groups x YES NO Will sound amplification be used? If YES, please indicate: Start time: 10 am/pm Finish Time 3 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: Request City's P.A. system and Stage YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES __ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: h EC1 UUN03 h,:3 9 7 ,, i:AL;.. Kathleen Trees, Director Building & Safety Department 6 Date Received Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization National City Chamber of Commerce Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? x Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. x No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? x Yes (Please provide an explanation and details. partiripanta and attandaPs may Pat and Shop in NationaLGity. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? x Yes (Please provide an explanation and details. To those who participate with a game booth, etc. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: x No (P lease sign the form and submit it with the TUP Application) Y)414-6 '--O Signature Date -- 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization National City Chamber of Commerce Person in Charge of Activity Edith A. Hughes Address 711 "A" Avenue, National City Telephone (619) 477-9339 Date(s) of Use August 4, 2002 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Chief Executive Officer May 28, 2002 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 REPRESENTATION OF NATIONAL CITY ON SAN DIEGO COUNTY WATER AUTHORITY - COUNCILMAN INZUNZA ITEM #15 7/2/02