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HomeMy WebLinkAbout2002 07-16 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - JULY 16, 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 ADJOURNED MEETING OF JUNE 11, 2002 AND REGULAR MEETING OF JULY 2, 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 7/16/02 PAGE 2 PRESENTATION National City Community Police Relations Task Force Report — Collins Strategic Group, Inc. 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. 2002-99 A Resolution of intention to approve an amendment to contract between the Board of Administration California Public Employees' Retirement System and the City Council City of National City. (Personnel) 2. Resolution No. 2002-100 A Resolution of the City Council of the City of National City awarding a contract to New Century Construction, Inc. for the Kimball Park Pony League Ballfield Improvements. (Spec. No. 01-4) (Engineering) 3. Resolution No. 2002-101 A Resolution of the City Council of the City of National City awarding a contract to HMS Construction, Inc. for the Traffic Signal Interconnect Project on 30th Street/Euclid Avenue. (Spec. No. 99-14) (Public Works/Engineering) COUNCIL AGENDA 7/16/02 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2002-102 A Resolution of the City Council of the City of National City accepting the conveyance and authorizing the recordation of the easement document for street purposes, and authorizing the naming of a parcel of land on the corner of 24th Street and Grove Street. (Engineering) 5. Resolution No. 2002-103 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for Police and Fire Services. (Finance) 6. Resolution No. 2002-104 A Resolution of the City Council of the City of National City initiating proceedings for the annual levy of assessments and ordering the preparation of an Engineer's "Report" for a Special Maintenance District. (Community Development Commission) 7. Resolution No. 2002-105 A Resolution of the City Council of the City of National City approving the Assessment Engineer's Report for proceedings for the annual levy of assessments within a Special Maintenance District. (Community Development Commission) 8. Resolution No. 2002-106 A Resolution of the City Council of the City of National City declaring its intention to provide for an annual levy and collection of assessments in a Special Maintenance District, and setting a time and place for public meeting and public hearing thereon. (Community Development Commission) COUNCIL AGENDA 7/16/02 PAGE 4 CONSENT CALENDAR (Cont.) 9. WARRANT REGISTER NO. 01 (Finance) Ratification of Demands in the amount of $416,343.29. 10. WARRANT REGISTER NO. 02 (Finance) Ratification of Demands in the amount of $1,010,289.22. 11. Claim for Damages: Alejo Able Macareno-Fuentes (City Clerk) NONCONSENT RESOLUTION 12. Resolution No. 2002-107 Resolution of the City Council of the City of National City supporting AB 2095 (KEHOE) and SB 1703 (PEACE). (City Attorney) ORDINANCES FOR INTRODUCTION 13. 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); amending Title 10 by amending Chapter 10.26 to prohibit cardrooms; adding Chapter 10.27 regulating Bingo; and adding Division X, Chapters 10.70 through 10.79 relating to Police regulated businesses. (City Attorney) COUNCIL AGENDA 7/16/02 PAGE 5 ORDINANCES FOR INTRODUCTION (Cont.) 14. An Ordinance of the City Council of the City of National City authorizing an amendment to the contract between the City Council of the City of National City and the Board of. Administration of the California Public Employees' Retirement System. (City Attorney) 15. An Ordinance of the City Council of the City of National City amending Chapter 13.12 of the National City Municipal Code pertaining to encroachment permits for installation, maintenance and removal of facilities in streets, rights -of -way and other public property. (City Attorney) NEW BUSINESS 16. Notice of Decision — Conditional Use Permit for a pawn shop in the Highland Plaza Shopping Center at 1050 Highland Avenue, Suite E. (Applicant: Nigel, Inc./Express Financial Services) (Case Fie No.: CUP-2002-12) (Planning) 17 Notice of Decision - Conditional Use Permit for the sale of beer and wine in a market at 1539 E. 8th Street. (Applicant: Victor's Groceries, Inc.) (Case File No.: CUP- 2002-7) (Planning) 18. Temporary Use Permit — National City Library — National City Celebrates Literacy and Reading is Fundamental Book Giveaway/Chili Cook Off. (Building & Safety) 19. Temporary Use Permit — Kiwanis Club of Sweetwater -Carnival. (Building & Safety) 20. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) COUNCIL AGENDA 7/16/02 PAGE 6 NEW BUSINESS (Cont.) ---> CITY MANAGER - � CITY ATTORNEY -+ OTHER STAFF --> MAYOR - * CITY COUNCIL 21. Request to use the Community Center and waiver of fees by National City Adult School for a Job Fair, Culinary Arts and Cake Decoration Exhibition — Councilman lnzunza PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 7/16/02 PAGE 7 NEW BUSINESS (Cont.) CLOSED SESSIONS CONFERENCE WITH LEGAL COUNSEL — Existing Litigation — Government Code Section 54956.9 (a) The Copley Press, Inc. v. Superior Court (City of National City) SDSC Case No. B157259 CONFERENCE WITH LABOR NEGOTIATORS — Government Code Section 54957.6 Agency designated representative: Councilman Morrison Unrepresented employees: Assistant City Manager, City Attorney, City Librarian, City Manager, Director of Building & Safety, Director of Finance, Director of Parks & Recreation, Director of Personnel, Director of Planning, Director of PW/City Engineer, Fire Chief, Police Chief, Records Managernent Officer, Senior Assistant City Attorney, Assistant Director of PW/Engineering, Battalion Chief, Equipment Maintenance Supervisor, Facilities Maintenance Supervisor, Financial Services Officer, Management Analyst II, Management Analyst III, Management Information Systems Manager, Park Superintendent, Plan Check Engineer, Police Captain, Police Support Services Manager, Principal Librarian, Principal Planner, Purchasing Agent, Risk Manager, Senior Accountant, Street Maintenance Supervisor, Wastewater Supervisor, Management Information Systems Technician II, Management Information Systems Technician I, Executive Assistant IV, Executive Assistant III, Executive Assistant II, Payroll Technician, Executive Assistant I. ADJOURNMENT Next Regular City Council Meeting — August 6, 2'002 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 PER 02 JUL I 1 PH L: 39 CITY MEMORANDUM DATE: July 1, 2002 TO: Mayor Waters and Members of the City Council Park Morse, Assistant City Manager FROM: Herman C. Collins Collins Strategic Group SUBJECT: National City Community Police Relations Task Force — Report of Findings and Recommendations Enclosed, please find the National City Community Police Relations Task Force Report of Findings and Recommendations. Collins Strategic Group is preparing our final report to be submitted to the City Manager on or before July 15, 2002. That report will detail all meeting minutes, resolutions, survey methodology, and demographics. Task Force Chair Carlos Carrillo and members of Collins Strategic Group are available to meet with City Council and/or the City Manager to review the report. It is our desire to present the report in a meeting of the City Council. The presentation would be made by Mr. Carrillo and take about 30 minutes. July 16, 2002 appears to be your next available meeting date. Should you have questions, or if we can be of assistance to you in this matter, please do not hesitate to contact us. NATIONAL CITY COMMUNITY POLICE RELATIONS TASK FORCE Report of FINDINGS & RECOMMENDATIONS June 28, 2002 Prepared by Collins Strategic Group, Inc. TABLE OF CONTENTS I. Letter of Transmittal 2 II. Executive Summary a. Background b. Task Force Members c. Mission d. Organizational Structure e. Deliberations f. Principal Finding and Recommendation g. Additional Recommendations III. Findings a. Task Force b. Subcommittees i. Outreach ii. Police Practices iii. Recommendations iv. Executive 4 8 IV. Recommendations 24 I • June 28, 2002 The Honorable George Waters Honorable Members of the City Council City of National City 1243 National City Boulevard National City, California 91950-4301 Dear Mayor Waters and Members of the City Council: On behalf, of the National City Community Police Relations Task Force, I am privileged to convey herewith the Task Force Report of Findings and Recommendations. With the conveyance of this Report, the Task Force has completed its work as commissioned by the City Council on January 22, 2002. The National City Community Police Relations Task Force was established by the City Council to provide a means for private citizens to advise the Council of the need for citizen participation in oversight of police conduct. Since first assembling on March 26, 2002, we maintained an ambitious schedule to accomplish our mission by the June 2002 deadline, convening eight plenary meetings and twenty Subcommittee meetings in less than ninety days. The Task Force held two public forums and conducted two surveys of National City residents and visitors to assess how they perceive their contacts with police. We reviewed the NCPD budget, training, hiring practices, ethnicity and staffing levels. We examined the nature of complaints against National City police officers and assessed the characteristics of the current process for handling police conduct complaints. We reviewed the type and scope of various civilian oversight entities, and determined what is or is not permissible under state and local codes and statutes. The Task Force sought input from the Chiefs of Police for National City and San Diego, National City's Director of Personnel, the Executive Director of National City's Police Officers Association, and community stakeholders, including Terry Hanks, whose petition first raised the subject of civilian review in National City. It is the consensus of the Task Force that the people of National City and National City Police Department can be benefited by a civilian review process. It is also our consensus that the people of National City and the NCPD can be benefited by a stronger compensation package for the city's police officers. We are in accord that complaint procedures should be documented, centralized and transparent to the public. We urge the adoption of specific goals related to the language skills of National City police officers. We propose that a member of the NCPD leadership act as ombudsman to the community. The Task Force's recommendations and supporting evidence are discussed in the "Findings" and "Recommendations" sections of this Report. 2 I wish to express my admiration and thanks to the citizens who appeared before the Task Force and also those who participated in our surveys. The Task Force appreciates the personal commitment, if not personal courage, that such participation required. I thank the National City employees who assisted us in carrying out our duties. I am profoundly grateful to Collins Strategic Group, Inc. for their insight, patience, and hard work. Their preparation of our materials and guidance in Task Force meetings were instrumental in our ability to develop meaningful findings and recommendations. The Collins Group will conclude its work on or before July 16, 2002 with the submittal of a comprehensive report of the Task Force's activities to the Council. I appreciate the time, cooperation and leadership exercised by my fellow Task Force members. The issues we examined generated a deep level of response in most of us, and in some instances, underscored divisions between us. Nonetheless, this Report is the result of our mutual commitment to public service and our ability to work together. I am confident the reasoned consensus we have reached will yield benefits to the people of National City beyond the scope of our original mandate. Finally, I commend the City Council for establishing this Task Force to address the subject of civilian review of the police department. It was a pleasure for me to participate and lead this effort. My colleagues and I thank you for your trust, and for your consideration of this National City Community Police Relations Task Force Report of Findings and Recommendations. Respectfully submitted, Carlos Carrillo Chairperson Community Police Relations Task Force 3 II EXECUTIVE SUMMARY BACKGROUND On January 22, 2002, the National City Community Police Relations Task Force was established by the City Council to provide a means for private citizens to advise the Council of the possible need for a "National City Police Review Board". Twenty-five individuals were appointed by the Council to serve on the Task Force on February 5, 2002. Twenty-one individuals were sworn. Pursuant to Task Force Bylaws, eighteen were eligible to vote on the Task Force's final findings and recommendations to the City Council. TASK FORCE MEMBERS' Armando Abundis Doug Aguillard Craig Boegler Carlos Carrillo Claudia Carrillo Carlos Castillo Susanna Cervantes Frank Chenelle Alex Cuesta Ted Godshalk Dick Hubbard Scott Ketcham John Tyler Michael Brit:tanya Murillo Christian Ramirez Alice Steeber Larry Tagle Sherrie -Lyn Thompson In its April 6, 2002 plenary meeting, the Task Force elected its Chair — Carlos Carrillo, Vice - Chair — Doug Aguillard, and Secretary — Sherrie -Lyn Thompson. MISSION In its April 6, 2002 plenary meeting, the Task Force unanimously adopted the following mission statement: "The mission of the National City Community Police Relations Task Force is to ascertain the need for citizens' oversight of police conduct, practices and policies. To do this effectively and fairly, the Task Force will (I) provide a forum for citizens to voice their concerns about police conduct, practices and policies; (2) examine police practices and policies as they pertain to conduct issues; and (3) identifi, opportunities to ameliorate adversity between the National City Police Department and citizen complainants. As its .final action, the Task Force will present its findings and recommendations to City Council of National City." ORGANIZATIONAL STRUCTURE In its April 6, 2002 plenary meeting, the Task Force unanimously established a "management" (Executive) subcommittee and three "working" (Outreach, Police Practices, and Recommendations) subcommittees through which to examine issues relevant to its mission. Two co -Chairs were selected to lead each subcommittee and were ratified by Task Force members. The memberships of Task Force appointees.- John Alva, Greg Beatie, Otto Cocino, Miguel Cola, Jim Crabb, Tony Filipino and Shed Hernandez were terminated pursuant to Article III, Section 6 of the Bylaws. 4 DELIBERATIONS With the assistance of Collins Strategic Group, Inc., an independent consulting firm hired by the City Council, the Task Force engaged in a three-month process to accomplish its mission. The Task Force met on eight occasions as a plenary body and convened twenty subcommittee meetings.2 In the course of its activities, the Task Force considered the following information: • the oral and written statements received in two public forums; • the oral and written statements received prior to votes on action items and during the public comment period at regular plenary and subcommittee meetings; • the results of a directed survey of 275 individuals chosen by Task Force members and community stakeholders regarding actual contact with National City police officers; • the results of a random survey of 500 individuals chosen by Collins Strategic Group regarding public perception of the NCPD and the need for civilian oversight; • the presentations of National City Director of Personnel, Roger Defratis; NCPD Chief Skip DiCerchio; SDPD Chief David Bejarano; Everett Bobbitt, Executive Director of the National City Police Officers Association; and Terry Hanks, National City resident and petitioner for civilian oversight of police conduct; • the characteristics of the civilian review models adopted by ten other California cities; • the Peace Officers Bill of Rights and Government Code Section 832.5; • the National City Police Department's budget, training, hiring practices, ethnicity, staffing levels, and safeguards against misconduct; • the current complaint review process; and • risk factors to the city. PRINCIPAL FINDING AND RECOMMENDATIONS The principal finding of. the National City Community Police Relations Task Force is that the need exists for citizens' oversight of the conduct, practices and policies of the National City Police Department. This finding is consistent with the opinion of a majority of 500 individuals participating in the random survey as well as a majority of those who provided oral and written comment to the Task Force. Also, while a majority of the 275 participants in the directed survey indicate that they personally are comfortable making a complaint against the NCPD, a majority of those randomly surveyed perceive that some people are apathetic or fearful about complaining to the NCPD. 2 Six Outreach Subcommittee meetings, four Police Practices Subcommittee meetings, five Recommendations Subcommittee meetings, and five Executive Subcommittee meetings. 5 The Task Force notes that a majority of individuals randomly surveyed indicate that "National City police officers are effective in deterring crime ", and agree that "National City police officers are respected for their commitment to public service." The Task Force infers that citizens' desire for oversight of police conduct is not indicative of widespread dissatisfaction with police protection, but rather the means of ensuring the involvement and trust of the community. Consistent with its principal finding, the Task Force recommends that the City Council create an entity through which citizens can oversee and review those practices of the National City Police Department that pertain to conduct issues. In determining what type of civilian oversight would best suit the realities and needs of National City, the Task Force recommends to the Council the composition and powers of this proposed entity and would see its authority reside with the Chief of Police. The Task Force advises that oversight of police conduct be fair in the treatment of officers and create alliances with all sectors of the community. The Task Force considered and decided against an investigative model with subpoena powers. The Task Force recommends that the City Council allow National City citizens the right to vote on whether a civilian oversight entity such as the Task Force proposes, or of some other type, shall be established. ADDITIONAL RECOMMENDATIONS The Task Force recommends that National City police officers receive compensation on par with other San Diego County police departments. The Task Force finds that while the NCPD salary range is comparable with other San Diego County police departments, the total compensation package, including benefits, is significantly less. The NCPD is experiencing an average attrition rate of 10%, higher than other departments in the County. Chronic vacancies in the NCPD ranks are attributed to the fact that the NCPD cannot successfully compete with other law enforcement agencies in the region where the workload is lighter, compensation is higher, and promotion opportunities are better. The Task Force recommends mandatory customer service and diversity sensitivity training for National City police officers. The Task Force notes that the ethnic and gender composition of the NCPD does not reflect the diversity of National City3 and that the NCPD does not require cultural sensitivity training for its officers. Nearly half of 500 individuals surveyed believe "Race, religion, gender, language, sexual orientation, class and age influence how one is treated by National City police officers," and a majority agree "National City police officers need more training in customer service." 3 San Diego Association of Governments (SANDAG) Source Point indicates that 64% of National City's population is Hispanic, Asian or African -American. Only 26% of the NCPD is comprised of people of color. 6 The Task Force recommends that at least half of NCPD hires should be recruits. The Task Force notes that the NCPD is unable to fill its vacancies with lateral hires4 because the department cannot offer a competitive compensation package. The NCPD has only recently sought to employ police recruits, and was successful in hiring one candidate, The Task Force anticipates that by focusing on hiring recruits, the NCPD will have greater success in filling its vacancies. The Task Force recommends that the City and the NCPD establish and implement consistent goals for bilingual capability -- 30% of officers and 50% of sergeants, commanders and captains. The Task Force finds that although National City's goal is that 50% of its police force have the ability to speak English and Spanish (or Tagalog), the NCPD does not have a plan nor require its officers meet this goal. Currently, only 15 of 86 (17%) sworn National City police officers receive an extra $40 each month for their ability to speak either Spanish or Tagalog in addition to English. Neither the City government nor National City police officers have negotiated for additional compensation for bilingual capability. Bilingual education is eligible under the NCPD's tuition reimbursement program. The Task Force notes that a majority of 500 individuals surveyed agree "National City police officers should learn to speak Spanish." The Task Force recommends the NCPD develop the means to centralize intake of all complaints and inquiries related to police conduct, making citizens aware of all procedures. The Task Force finds that current NCPD procedures related to recording and responding to complaints against officers lacks consistency and transparency to the public. Current procedures do not clearly define the difference between a "complaint" and an "inquiry" and any police officer may subjectively determine whether a citizen is filing a complaint or initiating a procedural inquiry. "Inquiries" are not documented, raising concerns that the actual number of bona fide complaints against the National City Police Department is under reported. The Task Force urges centralized intake and documentation of all complaints and all inquiries related to police conduct to ensure full public confidence in the complaint process. The Task Force recommends the NCPD designate a Community Affairs Officer from within its leadership ranks. The Task Force believes that the NCPD leadership should create effective channels of two-way communication between the department and the people it serves in order to establish and preserve positive relationships, provide information, and monitor community sentiment. Q Individuals who have successfully completed the Regional Public Safety Academy and may be employed with other police departments. 7 III FINDINGS TASK FORCE Based on the information gathered by the Task Force and presented in public meetings, the Task Force voted to adopt the following findings: FINDING #1: There is a need for citizens' oversight of police conduct, practices and policies. This, the primary finding of the Task Force, is supported by: Outreach Subcommittee Findings - 74% of 500 individuals responded "Yes" to the question "Should the National City Police Department have a citizens advisory board?" 67% of 500 individuals responded "Yes" to the question "Should complaints against a National City police officer or the National City Police Department be reviewed by a committee of private citizens?" 52% of 500 individuals responded Agree Strongly or Agree Somewhat to the statement "Some people who are mistreated by police officers are apathetic or fearful about complaining to the NCPD." Police Practices Subcommittee Findings — "The existing complaint review process provides police officers with a sense of internal control, but lacks transparency to the public, does not distribute its findings beyond the person filing, and does not allow for civilian review... The procedure does not inform all citizens of their right to file a complaint. These factors lend themselves to reducing trust and create a negative perception by the public of the police department." "The Civil Service Board does not review [civilian] complaints...Civilians cannot ask the Civil Service Board to review any complaint regardless of the Internal Affairs findings." Recommendations Subcommittee Finding — "Current [police] procedures fail to define what incidents are considered complaints versus inquiries... The actual number of bona fide complaints reported, from past years against the National City Police Department may have been under -reported. " 8 FINDING #2: The Task Force adopts the findings of the Outreach Subcommittee as representative of citizens' concerns about police conduct, practices and policies. FINDING #3: The Task Force adopts the findings of the Police Practices Subcommittee as representative of NCPD practices and policies that affect conduct issues and public perception. FINDING #4: The Task Force adopts the findings of the Recommendations Subcommittee as indicative of the various civilian oversight models and what is permissible under state and local codes and statutes. FINDING #5: The Task Force finds disparity in the stated goal of the Personnel Director that 50% of National City's police officers have bilingual capability, and the capacity and/or commitment of the City and the Police Department to meet that goal. The Executive Subcommittee notes the oral testimony provided by the Executive Director of the National City Police Officers Association that neither the National City government nor its police officers have sought to negotiate for additional compensation for bilingual capability. The Executive Subcommittee also notes that 61% of 500 individuals surveyed responded Agree Strongly or Agree Somewhat to the statement "National City police officers should learn to speak Spanish." 9 OUTREACH SUBCOMMITTEE FINDINGS The Outreach Subcommittee initiated opportunities for the public to voice their concerns about the police conduct issues. Surveyss (1) On behalf of the Subcommittee and the Task Force, Collins Strategic Group conducted a survey of 500 individuals, selected randomly6, over an eight -day period. The purpose of the survey was to assess the public perception of the National City Police Department. The results, in general, are as follows: 1. Police protection is equal in all National City neighborhoods. 44% Agree Strongly / Somewhat 36% Disagree Strongly / Somewhat 20% Gave No Opinion /Answer 2. National City police officers need more training in customer service. 56% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 18% Gave No Opinion /Answer 3. National City police officers stop, search, or handcuff people without apparent reason. 43% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 24% Gave No Opinion /Answer 4. Complaints against National City police officers can be handled effectively within the National City Police Department. 45% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 22% Gave No Opinion /Answer 5 Surveys were prepared in both English and Spanish. Survey responses were further considered by gender, ethnicity, primary language spoken, age, and household income. 6 In order to ensure that respondents were of diverse demographic backgrounds, the Collins Group conducted this survey at a variety of venues, and at differing times of the day and evening. 10 5. National City police officers use discourteous or offensive language. 38% Agree Strongly / Somewhat 37% Disagree Strongly / Somewhat 25% Gave No Opinion /Answer 6. Race, religion, gender, language, sexual orientation, class, and age influence how one is treated by National City police officers. 48% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 24% Gave No Opinion /Answer 7. National City police officers are effective in deterring crime. 51% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 22% Gave No Opinion /Answer 8. National City police officers should learn to speak Spanish. 61% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 16% Gave No Opinion /Answer 9. National City police officers are respected for their commitment to public service. 52% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 20% Gave No Opinion /Answer 10. Some people who are mistreated by police officers are apathetic or fearful about complaining to the National City Police Department. 51% Agree Strongly / Somewhat 24% Disagree Strongly / Somewhat 25% Gave No Opinion /Answer 11. The quality of service provided by National City police officers is equal to that provided by other police officers in San Diego County. 45% Agree Strongly / Somewhat 29% Disagree Strongly / Somewhat 26% Gave No Opinion /Answer 11 12. Have you ever filed a complaint about how you were treated by a National City police officer? 11% Yes 85% No 4% No Answer a. If so, how was your complaint handled? (51 Respondents) Investigated Well 25% Investigated Poorly 24% Don't Know 12% Not Investigated /Ignored 37% Investigation Pending 2% b. If not, why? (202 Respondents) No Reason To / Treated Fairly 49% Too Difficult 3% Not Serious Enough 13% Fear of Arrest 4% 13. Do you live in National City? 60% Yes Don't Know How 12% Waste of Time 16% Fear of Retaliation 3% 37% No 3% No Answer 14. Should the National City Police Department have a citizens' advisory board? 74% Yes 14% No 12% No Answer 15. Should complaints against a National City police officer or the National City Police Department be reviewed by a committee of private citizens? 67% Yes 20% No 13% No Answer 12 (2) The Outreach Subcommittee distributed 500 surveys to Task Force members and community stakeholders identified by the Subcommittee for each to poll whomever they chose. 275 surveys were returned over a fifteen -day period. The purpose of the survey was to assess personal contacts with National City police officers. 1. I live in National City. 71% Yes 29% No 2. 1 believe I will be treated fairly if I encounter a National City police officer. 69% Yes 21% No 8% No Opinion 2% No Answer 3. 1 (or a member of my household) have experienced or witnessed unfair treatment by a National City police officer. 29% Yes 70% No 1% No Opinion 4. I (or a member of my household) have been a victim of a crime during the past year. 25% Yes 75% No 5. Although not engaged in any criminal activity, I avoid certain areas of National City because of police presence. 23% Yes 74% No 3% No Opinion 6. I acknowledge the police for helpful and courteous service. 60% Yes 27% No 12% No Opinion 1% No Answer 7. My neighborhood has an anti -crime/ neighborhood watch program. 34% Yes 51% No 14% No Opinion 1 % No Answer 8. I am comfortable making a complaint against the National City Police Department. 59% Yes 26% No 14% No Opinion 1 % No Answer 9. I know whom to contact if I want to make a complaint against a National City Police officer. 52% Yes 44% No 4% No Opinion 13 The Outreach Subcommittee organized two public forums that were convened in conjunction with the April 20, 2002 and June 19, 2002 plenary meetings. On April 20, 20 individuals completed the "Request to Speak" forms. 19 were residents of National City, and one was a resident of Chula Vista. On June 19, 21 individuals completed the "Request to Speak" forms. Ten individuals provided oral testimony! Of those who submitted forms, 9 were residents of National City, ten were residents of San Diego, one was a resident of Chula Vista, and one was a resident of Encinitas. April 20 Public Forum 55% In Favor 20% Opposed 25% No Opinion Respondent Citizens Review Policy? 1 In favor 2 In favor 3 No opinion 4 In favor 5 In favor 6 In favor 7 In opposition 8 In favor 9 In favor 10 No opinion 11 In favor 12 In opposition No opinion 13 14 No opinion 15 In favor 16 In opposition 17 No opinion 18 In opposition 19 In favor 20 In favor June 19 Public Forum 81% In Favor 14% Opposed 5% No Opinion Respondent Citizens Review Policy? Spoke 1 In favor Yes 2 In favor Yes 3 In favor Yes 4 In favor Yes 5 In favor Yes 6 In favor Yes 7 In favor Yes 8 In favor No 9 In favor No 10 In favor No 11 In opposition Yes 12 In favor No 13 In opposition No 14 In favor No 15 In opposition No 16 In favor Yes 17 In favor No 18 In favor No 19 In favor Yes 20 In favor No 21 2" time 22 No answer Yes 23 2me 7 Of the ten who provided oral testimony, 82% indicated support for a civilian review policy, 9% were opposed, and 9% offered no opinion. 14 POLICE PRACTICES SUBCOMMITTEE FINDINGS The Police Practices Subcommittee reviewed the National City Police Department's policies, procedures and practices that may affect conduct issues and public perception. Minimal Hiring Standards High School Diploma or GED No Felony Convictions Basic Skills (literacy) Background Check (credit / character/employment history/ drug use) Eligible to Work in the US Physical Ability Medical / Psychological Fitness Voice Stress / Polygraph Recruitment National City Police Officers are recruited through two paths: (1) Lateral Hires — Candidates who have successfully completed the public safety academy and may currently employed by other departments; and (2) Police Recruits — Candidates without experience or academy training meeting minimum qualifications of hire. No new police recruits have been hired by the NCPD in twelve years. Until 6 months ago, the NCPD sought only "lateral candidates" from other departments or police candidates who successfully completed the Regional Public Safety Academy. The department recently adopted the Police Recruit classification and has hired only one candidate. Composition of Police Forces There are 122 authorized positions in the NCPD, of which 111 are currently filled. Of the 111 positions — 86 are sworn law enforcement officers and 25 community service officers and non - sworn personnel. Number Rank Gender Ethnicity 1 Chief M White 2 Captain M (1) White (1) Pacific Islander 5 Lieutenant M (4) White (1) Hispanic 13 Sergeant M (10) White (2) Hispanic (1) Asian 21 Senior Officer (20) M (1) F (14) White (3) Hispanic / 1 Female (3) Black (2) Asian 44 Officer (41) M (3) F (34) White / 2 Female, (10) Hispanic / 1 Female (1) Black (1) Asian As reported to the Subcommittee on May 1, 2002. 15 Training The cost of the Public Safety Academy Training is approximately $2500. NCPD officers received standard post training authorized by the State of California. The NCPD's civilian . Training Manager monitors the training officers receive, what is needed, and what is required for advancement, promotions, and changes in classification. The privately managed "Training Consortium" is composed of the cities in San Diego County and provides additional training via the Employee Assistance Program. EAP training is available to any civil service employee. The consortium's programs are not a State requirement, however the City has the ability to make any part of the training mandatory. Trainings are offered approximately 4 times annually. National City regularly sends 10 — 15 employees to receive EAP training. The training components of the EAP include, but are not limited to: Anger / Stress Management Drug / Substance Abuse Cultural Diversity Financial Management Customer Service Harassment Discipline Time Management Workplace Violence Verbal Judo The NCPD can require its officers take any of the aforementioned components for the remediation of personal issues. National City has a population comprised of 64% persons of color - The police force has 26% persons of color9. NCPD does not require cultural sensitivity training for its officers. Compensation The NCPD's budget has gone unchanged for the past 5 years, averaging an 8% growth increase compared to the county average of 16%. Seventeen officers' salaries are paid by grants. The department's salary range for officers is comparable with other police departments in San Diego County. The NCPD's compensation package, including benefits, is less than other department in the County, creating hardships in filling vacancies. Six vacancies exist in the officer classification of 86 available. 9 SANDAG Source Point 2000 Census data 16 The NCPD is experiencing a higher than average attrition rate of 10% annually. Both National City's Police Chief and its Director of Personnel attribute this to the fact that police officers can transfer to the SDPD and other law enforcement agencies where the workload is lighter10, compensation is higher, and promotion opportunities are better. As a part of National City's collective bargaining agreement with the Police Officers Association, officers possessing certain desirable skills receive benefits in addition to salary. An officer can be compensated for up to three specialty skills. Examples include, but are not limited to: Skill Compensation Dog Handler $150 / month Education (post -secondary) $30 — 100 / month Language (Spanish or Tagalog) $40 / month Liaison with Schools $150 / month Longevity (time with NCPD) $25+ / month Motorcycle $150 / month Bilingual Capability National City's Personnel Director reported that the City's goal for its police force is 50% bilingual capability. NCPD does not a have plan or require officers obtain bilingual skills to meet this goal. Fifteen of the sworn officers (17% of the force) currently receive an extra $40 each month for their ability to speak either Spanish or Tagalog in addition to English. Bilingual education is eligible under the NCPD's tuition reimbursement program. Performance Safeguards Current safeguards employed by the NCPD to maintain standards include the daily evaluation by the immediate supervisor, regular performance reviews by the commander, the performance oversight by internal affairs and the authority of the Chief. Complaint Review Process NCPD internal affairs conducts all Category I (Criminal) Investigation complaints. NCPD internal affairs is staffed by one Sergeant who also responsible for recruitment. Internal affairs routinely monitors the activities of all members of the department, reviewing patterns of complaints made against officers. Internal Affairs has the authority to interview officers without the privilege of counsel and place officers on administrative leave pending the review of investigations. 1° The NCPD's inability to hire qualified officers has left the force six officers (the equivalent of one squad) short, increasing the workload of officers on duty. 17 The internal affairs officer of the police department issues one of four possible findings: (1) Unfounded (2) Exonerated (3) Sustained; and (4) Not Sustained. All complaint disposition reports on police officers are issued to the Chief of Police. Complaints that are sustained, and for which police officers are subject to reprimand or termination, may be appealed to the Civil Service Review Board. The Civil Service Board does not review [civilian] complaints. The Civil Service Board may hear the appeal of any officer reprimanded or terminated due to a complaint or job performance. Civilians cannot ask the Civil Service Board to review any complaint regardless of the internal Affairs findings. No NCPD protocols exist centralizing the management of complaints. Anyone from the Chief to the Desk Officer may determine whether a citizen is filing a complaint or initiating a procedural inquiry. There is no clear definition of what constitutes an inquiry, nor does the NCPD maintain records of inquiries, including those related to police conduct. NCPD policy does not require the department to inform all citizens of their right to file a complaint. These factors lend themselves to reducing trust and create a negative public perception of the police department. 2000 Report of Citizens Complaints Type of Number Number Number Number Number Complaints Reported Unfounded Exonerated Not Sustained Sustained Non -Criminal 4 2 1 0 1 Criminal (Felony) 3 1 2 0 0 Criminal 6 2 2 2 0 (Misdemeanor) Total 13 5 5 2 1 2001 Report of Citizens Complaints12 Type of Number Number Number Number Number Complaints Reported Unfounded Exonerated Not Sustained Sustained Non -Criminal 7 2 1 3 1 Criminal (Felony) 1 1 0 0 0 Criminal (Misdemeanor) 1 0 0 1 0 Total 9 3 1 4 1 As reported by National City to the State of California, Department ofJustice. '2 Ibid. 18 RECOMMENDATIONS SUBCOMMITTEE FINDINGS The Recommendations Subcommittee reviewed the various civilian oversight models and other means by which National City citizens may lawfully monitor police conduct. The Subcommittee also considered the characteristics of NCPD procedures for complaint intake. Statutes and Codes Affecting Civilian Oversight Public safety and peace officers are protected by numerous government codes providing confidentially as their basic right as employees. Those statues and codes include, but are not limited to the Peace Officers Bill of Rights and Government Code Section 832.5 -- Citizens' complaints against personnel; investigation; retention and maintenance of records; removal of complaints; access to records. A civilian review board must adhere to state law granting employee confidentially, which will restrict its ability to subpoena peace officers, or require officers to testify against themselves. Civilian Oversight Models Used In Ten Cities The Recommendations Subcommittee reviewed the structure and functions of the Civilian Review Boards of nine California cities from information provided by the City Managers Office, and one city (Santa Cruz) referred by Collins Strategic Group. Jurisdiction Type City of Novato Review'3 Murrieta Public Safety Chula Vista Public Safety Richmond Review Calexico Review Long Beach Review Tulare Review Berkeley Auditor 6 Claremont Public Safety Santa Cruz Review Relationships Asst City Mgr/Chief Chief of Police Chief of Police City Manager Chief of Police/POA' 5 City Manager Chief of Police City Council Chief of Police City Manager Functions Appeals Board14 Advisory Advisory Appeals Board Appeals Board Appeals Board Appeals Board Appeals Board Advisory Mediation/Appeals Board Subpoena via City Council N/A N/A No No No No Yes'7 N/A No Assessment of Civilian Oversight Models Civilian Investigator - Civilians investigate complaints against Police Department and make recommendations to the Chief of Police or other designated Public Official. The weakness of this model is that civilians have little or no experience in proper investigative techniques. The strength of this model is that it yields a perception of independence by creating a secondary review. 1' Civilian Review, audit of investigations conducted by the Police Department 14 Acts as appeals board of internal investigations police findings 15 Police Officers Association sits as a non -voting member '6 Conducts independent investigation outside of the Police Department and post findings to the public 1' POA can direct the officer to leave hearing 19 Civilian Review — Civilians investigate complaints and make findings; civilians review police findings and recommend acceptance or rejection of those findings. This model offered the best `common sense' approach as it promotes dialogue between police, civilian boards, and communities. Its weakness is that it creates an additional burden to officers, as their conduct would receive review beyond the existing Internal Affairs and Civil Service Review Board. This model does not address issues of apathy or fear of police. Citizens Appeals Board - Complainants appeal police findings to the civilian review board after the investigation is completed This model allows citizens who feel they were -treated unfairly to voice their concerns. Its weakness is the work load of the appeals board would be driven solely by appeals and not by universe of complaints filed, limiting the ability of the board to review and comment on every aspect of police conduct — good and bad. Civilian Auditor - An independent auditor investigates the process used by police to investigate citizen's complaints and the auditor reports on the thoroughness and fairness of the process to police department and public. This model is the least desired of all reviewed. It is a management driven process compelled for look for issues to maintain itself. Can be costly and creates a secondary investigation. Mediation Model --Contains many characteristics of the Civilian Review Model. Offers the ability to assign non -criminal complaints to a mediator possibly reducing risk financial loss) to the city. The review process also provides for an "Inquiry" investigation conducted by the immediate supervisor for quick response. "Inquiries" may be converted to complaint if criminal conduct is found. This model provides for active community outreach, providing multiple ways to file complaints and inquiries. Mediates the gray areas and provides civilians with quick response. The review board considers all results and the investigation process rest with the Police Chief. The elements least desired are the possible expense, the additional burden of review, the ultimate control of the police (Chief) and the resistance to institutional change anticipated with mediation. All parties must agree to mediation, limiting the situations in which it can be utilized. Current Complaint Review Process The internal affairs officer of the police department issues one of four possible findings: (1) Unfounded; (2) Exonerated; (3) Sustained; and (4) Not Sustained. All complaint disposition reports on police officers are issued to the Chief of Police. Complaints that are sustained, and for which police officers are subject to reprimand or termination, may be appealed to the Civil Service Review Board. 20 NATIONAL CITY POLICE COMPLIANT REVIEW PROCESS 1. Victim Files Complaint Can be with Police Dispatch, at Walk-in desk, or with Supervisor. 2. Complaint Reviewed by Duty Sergeant 4. Complaint Screened by Internal Affairs Category I Criminal 5. Investigated by Internal Affairs 3. Victim Interviewed Category II Non -Criminal 5. Investigated by Commander 8. Appeal to Civil Service Board 7. Disposition or Report (Depending on Severity) Category I Reprimand or Termination Category II — Commander Leave Without Pay Or Other 6. Range of Possible Findings A. Unfounded — Didn't happen B. Exonerated — Happened, but no wrongdoing D. Not Sustained — could not determined 21 The existing complaint review process provides police officers with a sense internal control, but lacks transparency to the public, does not distribute its findings beyond the person filing, and does not allow for civilian review. Current procedures fail to define which incidents are considered complaints and which are considered inquiries. Complaint intake is not centralized within the department. No report is made of inquires to the department related to police conduct. The procedure does not inform all citizens of the right to file a complaint. The Subcommittee finds that these factors lend themselves to reducing trust and create a negative public perception of the police depaituuent. The actual number of bona fide complaints against the National City Police Department in past years may have been under -reported. Risk Factors National City has operated thus far with minimal risk due to complaints against the NCPD. A potential risk is the likelihood that police misconduct could lead to civil and criminal claims against the City and its police officers. Moreover, the City could expose itself to risk should a Civilian Review Board violate the rights of the police officers through breaches of personnel confidentiality. 22 EXECUTIVE SUBCOMMITTEE FINDINGS The Executive Subcommittee considered the collective work of the Outreach, Police Practices, and Recommendations Subcommittees, and reached consensus on findings representative of the collective effort and pursuant to the Task Force mission. • There is a need for citizens' oversight of police conduct, practices and policies. • The Subcommittee adopts the findings of the Outreach Subcommittee as representative of citizens' concerns about police conduct, practices and policies. • The Subcommittee adopts the findings of the Police Practices Subcommittee as representative of NCPD practices and policies that affect conduct issues and public perception. • The Subcommittee adopts the findings of the Recommendations Subcommittee as indicative of the various civilian oversight models and what is permissible under state and local codes and statutes. • The Subcommittee finds disparity in the stated goal of the Personnel Director that 50% of National City's police officers have bilingual capability, and the capacity and/or commitment of the City and the Police Department to meet that goal. 23 IV RECOMMENDATIONS Based on the information gathered by the Task Force and presented in public meetings, the Task Force voted to adopt the following recommendations: RECOMMENDATIONS TO CITY COUNCIL: 1. Establish the means for private citizens to oversee and review those practices of the I National City Police Department that pertain to conduct issues. This entity may: a. be comprised of 9 individuals appointed by the Mayor and City Council — 7 voting members and 2 non -voting members (representing the POA and a human rights organization) -- of the 7 voting members, 4 must be residents of National City; b. fall under the authority of the Police Chief; c. review all Internal Affairs findings; d. make recommendations to the Chief to sustain or not sustain IA findings; e. hear citizens' appeals of IA findings; f. request supplemental information from the Police Department; g. allow parties the opportunity to mediate their dispute; h. receive citizens complaints regarding police conduct; i. make an annual report of its activities and findings to the City Council 2. The Task Force recommends that the City Council allow National City citizens the right to vote on whether a civilian oversight entity such as the Task Force has recommended, or of some other type, shall be established. RECOMMENDATIONS TO CITY MANAGER: 1. Compensation (salary + benefits) parity with other San Diego County police departments. 2. Mandatory customer service and diversity sensitivity training for police officers, funded by the City government. 3. At least 50% of new NCPD hires should be recruits. 4. Establish and implement goals for bilingual capability — 30% of officers and 50% of sergeants, commanders and captains. 24 RECOMMENDATIONS TO NCPD: 1. Centralize intake of all complaints and inquiries related to police conduct, making citizens aware of all procedures. 2. Establish and implement goals for bilingual capability — 30% of officers and 50% of sergeants, commanders and captains. 3. Designate a Community Affairs Officer from the leadership ranks. SUPPORTING RECOMMENDATIONS: The Subcommittee adopts the recommendations of the Police Practices and Recommendations Subcommittees.$ POLICE PRACTICES SUBCOMMITTEE RECOMMENDATIONS • The public requires trust and confidence in the NCPD. • NCPD leadership must fashion agreement with the citizens. • NCPD must reduce attrition with the most qualified officers to meet the needs of the citizens. • NCPD must establish a commitment to bilingual skills among its officers. • NCPD must improve dialogue with segments of the community. • Civilian oversight of police conduct must be pro -active, fair in the treatment of officers, and creates alliances with all sectors of the community. RECOMMENDATIONS SUBCOMMITTEE RECOMMENDATION • The greatest risk to the City is the loss of confidence in the ability of the Police Department to fairly and openly conduct investigations into police misconduct. This must be rectified by some form of civilian police review, community oriented policing, and enhanced public relations by the National City Police Department when civilians are injured through contact with police officers. 18 The Outreach Subcommittee did not offer any recommendations. The Executive Subcommittee recommendations were adopted, with two amendments, as the Task Force final recommendations. 25 TASK FORCE MEMBERS OFFICERS Chairperson — Carlos Carrillo Vice Chairperson — Doug Aguillard Secretary — Sherrie -Lyn Thompson 1. ARMANDO ABUNDIS 2. DOUG AGUILLARD 3. CRAIG BOEGLER 4. CARLOS CARRILLO 5. CLAUDIA CARRILLO 6. CARLOS CASTILLO 7. SUSANNA CERVANTES 8. FRANK CHENELLE 9. ALEX CUESTA 10. TED GODSHALK 11. DICK HUBBARD 12. SCOTT KETCHAM 13. JOHN TYLER MICHAEL 14. BRITTANYA MURILLO 15. CHRISTIAN RAMIREZ 16. ALICE STEEBER 17. LARRY TAGLE 18. SHERRIE-LYN THOMPSON 26 Collins Strategic Group, Inc. 610 Gateway Center Way, Suite G San Diego, California, 92102 mail@collinsgroupinc.com (619) 266-7277 27 iii11IHIIIuI Un111XXX�������� 1. Police protection is equal in all National City neighborhoods. Agree Somewhat 28% Disagree Somewhat 20% Agree Strongly / Disagree Strongly 16%j,); 16% No Answer No Opinion 2% ALL RESPONDENTS (500) 44% Agree Strongly / Somewhat 36% Disagree Strongly ! Somewhat 20% Gave No Opinion / Answer Males (179) 49% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 18% Gave No Opinion / Answer No Gender Given (39) 52% Agree Strongly I Somewhat 18% Disagree Strongly / Somewhat 20% Gave No Opinion I Answer African -American (42) 36% Agree Strongly / Somewhat 33% Disagree Strongly/ Somewhat 31% Gave No Opinion / Answer Hispanic/Latino(a) (286) 44% Agree Strongly / Somewhat 41% Disagree Strongly / Somewhat 15% Gave No Opinion I Answer White (86) 42% Agree Strongly / Somewhat 28% Disagree Strongly/ Somewhat 30% Gave No Opinion / Answer BY GENDER Females (282) 40% Agree Strongly / Somewhat 39% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer BY ETHNICITY Asian (47) 49% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 23% Gave No Opinion / Answer Pacific islander (9) 67% Agree Strongly / Somewhat 22% Disagree Strongly / Somewhat 11% Gave No Opinion / Answer Other (24) 25% Agree Strongly / Somewhat 48% Disagree Strongly / Somewhat 29% Gave No Opinion / Answer 1 No Ethnicity Given (26) 54% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 19% Gave No Opinion / Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (268) 38% Agree Strongly / Somewhat 38% Disagree Strongly / Somewhat 24% Gave No Opinion / Answer Tagalog (18) 83% Agree Strongly / Somewhat 11% Disagree Strongly / Somewhat 6% Gave No Opinion / Answer No Language Given (39) 43% Agree Strongly / Somewhat 31% Disagree Strongly/ Somewhat 26% Gave No Opinion / Answer 13.17 (76) 44% Agree Strongly / Somewhat 44% Disagree Strongly/ Somewhat 12% Gave No Opinion ! Answer 26 - 34 (98) 42% Agree Strongly / Somewhat 35% Disagree Strongly/ Somewhat 23% Gave No Opinion / Answer 44-65(57) 52% Agree Strongly / Somewhat 28% Disagree Strongly/ Somewhat 20% Gave No Opinion / Answer No Age Galen (23) 53% Agree Strongly / Somewhat 26% Disagree Strongly/ Somewhat 21% Gave No Opinion / Answer Spanish (187) 50% Agree Strongly / Somewhat 35% Disagree Strongly / Somewhat 16% Gave No Opinion / Answer other(14) 28% Agree Strongly / Somewhat 42% Disagree Strongly / Somewhat 30% Gave No Opinion / Answer BY AGE RANGE 18.24 (151) 38% Agree Strongly / Somewhat 42% Disagree Strongly/ Somewhat 30% Gave No Opinion /Answer 36-44(61) 50% Agree Strongly / Somewhat 30% Disagree Strongly! Somewhat 20% Gave No Opinion / Answer 65+ (35) 52% Agree Strongly / Somewhat 22% Disagree Strongly! Somewhat 26% Gave No Opinion / Answer BY HOUSEHOLD INCOME Under $15,000 (92) 50% Agree Strongly / Somewhat 38% Disagree Strongly / Somewhat 12% Gave No Opinion / Answer $20,000-34,999 (127) 34% Agree Strongly/ Somewhat 41% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer $50,000 + (66) 46% Agree Strongly / Somewhat 24% Disagree Strongly! Somewhat 28% Gave No Opinion / Answer $16,000-19,999 (72) 43% Agree Strongly / Somewhat 39% Disagree Strongly / Somewhat 18% Gave No Opinion / Answer $35,000-49,999 (64) 40% Agree Strongly / Somewhat 45% Disagree Strongly / Somewhat 15% Gave No Opinion / Answer No Income Given (80) 52% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 22% Gave No Opinion / Answer 2. National City police officers need more training in customer service. Agree Strongly 32% No Answe 1% Agree $Emewhat 24% ttlij 111[i¢,. Disagree Somewhat 18% Disagree Strongly 10% No Opinion 17% ALL RESPONDENTS (500) 66%Agree Strongly I Somewhat 26% Disagree Strongly! Somewhat 16% Gave No Opinion / Answer Metes (179) 59% Agree Strongly / Somewhat 25% Disagree Strongly / Somewhat 16% Gave No Opinion / Answer No Gender Given (39) 57% Agree Strongly / Somewhat 15% Disagree Strongly / Somewhat 28% Gave No Opinion ! Answer African -American (42) 64% Agree Strongly / Somewhat 17% Disagree Strongly! Somewhat 19% Gave No Opinion / Answer Hispanic / Latino(a) (286) 60% Agree Strongly / Somewhat 24% Disagree Strongly/ Somewhat 16% Gave No Opinion / Answer White (66) 41% Agree Strongly / Somewhat 35% Disagree Strongly/ Somewhat 24% Gave No Opinion / Answer BY GENDER Females (282) 54% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 19% Gave No Opinion / Answer BY ETHNICITY Mien (47) 55% Agree Strongly I Somewhat 19% Disagree Strongly / Somewhat 26% Gave No Opinion / Answer Pacific Islander (9) 67% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 0% Gave No Opinion / Answer Other (24) 33% Agree Strongly / Somewhat 42% Disagree Strongly / Somewhat 26% Gave No Opinion / Answer No Ethnicity Given (26) 61% Agree Strongly / Somewhat 20% Disagree Strongly! Somewhat 19% Gave No Opinion / Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (258) 56% Agree Strongly / Somewhat 25% Disagree Strongly / Somewhat 19% Gave No Opinion ! Answer Tagalog (18) 61% Agree Strongly / Somewhat 17% Disagree Strongly / Somewhat 22% Gave No Opinion / Answer No Language Given (39) 34% Agree Strongly / Somewhat 31% Disagree Strongly / Somewhat 35% Gave No Opinion / Answer 13.17 (75) 51% Agree Strongly / Somewhat 33% Disagree Strongly/ Somewhat 16% Gave No Opinion / Answer 25 - 34 (98) 54% Agree Strongly / Somewhat 25% Disagree Strongly/ Somewhat 21% Gave No Opinion /Answer 44.65(57) 61% Agree Strongly / Somewhat 27% Disagree Strongly/ Somewhat 12% Gave No Opinion / Answer No Age Given (23) 56% Agree Strongly! Somewhat 18% Disagree Strongly/ Somewhat 26% Gave No Opinion /Answer Spanish (187) 59% Agree Strongly / Somewhat 25% Disagree Strongly / Somewhat 16% Gave No Opinion / Answer Other (14) 43% Agree Strongly / Somewhat 36% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer BY AGE RANGE 18 - 24 (151) 59% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 15% Gave No Opinion / Answer 35.44 (61) 59% Agree Strongly i Somewhat 16% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer 85+ (35) 46% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 26% Gave No Opinion / Answer BY HOUSEHOLD INCOME Under $15,000 (92) 57% Agree Strongly / Somewhat 22% Disagree Strongly! Somewhat 21% Gave No Opinion / Answer $20, 000 — 34,999 (127) 56% Agree Strongly / Somewhat 29% Disagree Strongly/ Somewhat 15% Gave No Opinion / Answer $50, 000 + (66) 52% Agree Strongly / Somewhat 28% Disagree Strongly! Somewhat 20% Gave No Opinion I Answer $15,000-19,999 (72) 80% Agree Strongly / Somewhat 14% Disagree Strongly / Somewhat 26% Gave No Opinion / Answer $35,000-49,999 (64) 60% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 14% Gave No Opinion / Answer No Income Given (80) 51% Agree Strongly / Somewhat 30% Disagree Strongly / Somewhat 19% Gave No Opinion / Answer 777 u u: u u L 3. National City police officers stop, search, or handcuff people without apparent reason. Agree Somewhat 23% Agree Strongly 20% No Answer 3% Disagree Somewhat 16% Disagree Strongly 17% No Opinion 21% ALL RESPONDENTS (500) 43% Agree Strongly I Somewhat 33% Disagree Strongly (Somewhat 24% Gave No Opinion / Answer Males (179) 43% Agree Strongly / Somewhat 35% Disagree Strongly/ Somewhat 22% Gave No Opinion I Answer No Gender Given (39) • 36% Agree Strongly / Somewhat 23% Disagree Strongly! Somewhat 41% Gave No Opinion / Answer African -American (42) 49% Agree Strongly / Somewhat 16% Disagree Strongly/ Somewhat 35% Gave No Opinion / Answer Hispanic / Latino(a) (286) 47% Agree Strongly / Somewhat 34% Disagree Strongly! Somewhat 19% Gave No Opinion / Answer White (66) 30% Agree Strongly! Somewhat 41% Disagree Strongly / Somewhat 29% Gave No Opinion / Answer No Ethnicity Galen (26) BY GENDER Females (282) 44% Agree Strongly / Somewhat 33% Disagree Strongly! Somewhat 23% Gave No Opinion / Answer BY ETHNICITY Asian (47) 37% Agree Strongly! Somewhat 31% Disagree Strongly / Somewhat 32% Gave No Opinion / Answer Pacific Islander (9) 44% Agree Strongly! Somewhat 44% Disagree Strongly / Somewhat 12% Gave No Opinion / Answer Other (24) 34% Agree Strongly! Somewhat 33% Disagree Strongly / Somewhat 33% Gave No Opinion / Answer 38% Agree Strongly! Somewhat 23% Disagree Strongly! Somewhat 39% Gave No Opinion ! Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (268) 44% Agree Strongly / Somewhat 31% Disagree Strongly/ Somewhat 25% Gave No Opinion / Answer Tagalog (18) 28% Agree Strongly / Somewhat 55% Disagree Strongly/ Somewhat 17% Gave No Opinion ! Answer No Language Given (39) 30% Agree Strongly / Somewhat 26% Disagree Strongly/ Somewhat 44% Gave No Opinion / Answer 13.17 (75) 49% Agree Strongly / Somewhat 36% Disagree Strongly / Somewhat 15% Gave No Opinion / Answer 25 - 34 (98) 38% Agree Strongly! Somewhat 32% Disagree Strongly! Somewhat 30% Gave No Opinion / Answer 44.66(57) 41% Agree Strongly / Somewhat 42% Disagree Strongly! Somewhat 17% Gave No Opinion / Answer No Age Given (23) 26% Agree Strongly / Somewhat 30% Disagree Strongly/ Somewhat 44% Gave No Opinion ! Answer Spanish (187) 45% Agree Strongly / Somewhat 36% Disagree Strongly / Somewhat 19% Gave No Opinion / Answer Other (14) 21% Agree Strongly / Somewhat 35% Disagree Strongly! Somewhat 44% Gave No Opinion ! Answer BY AGE RANGE 18.24(151) 50% Agree Strongly! Somewhat 29% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer 36-44(61) 45% Agree Strongly / Somewhat 23% Disagree Strongly! Somewhat 32% Gave No Opinion / Answer 85+ (35) 22% Agree Strongly / Somewhat 46% Disagree Strongly / Somewhat 32% Gave No Opinion / Answer BY HOUSEHOLD INCOME Under $15,000 (92) 47% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer $20,000— 34,999 (127) 41% Agree Strongly / Somewhat 34% Disagree Strongly/ Somewhat 25% Gave No Opinion I Answer $50,000 + (65) 37% Agree Strongly / Somewhat 31% Disagree Strongly / Somewhat 32% Gave No Opinion /Answer $15,000— 19,999 (72) 55% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 18% Gave No Opinion / Answer $35,000-49,999 (64) 37% Agree Strongly / Somewhat 36% Disagree Strongly / Somewhat 27% Gave No Opinion / Answer No Income Given (80) 31% Agree Strongly / Somewhat 38% Disagree Strongly / Somewhat 27% Gave No Opinion /Answer 4. Complaints against National City police officers can be handled effectively within the National City Police Department. Agree Somewhat 25% Agree Strongly 20% No Answer 3% Disagree Somewhat 20% Disagree Strongly 13% No Opinion 19% ALL RESPONDENTS (500) 46% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 22%Gave No Opinion / Answer Males (179) 47% Agree Strongly / Somewhat 35% Disagree Strongly / Somewhat 18% Gave No Opinion / Answer No Gender Given (39) 44% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 30% Gave No Opinion / Answer African -American (42) 34% Agree Strongly / Somewhat 47% Disagree Strongly / Somewhat 19% Gave No Opinion / Answer Hispanic I Latino(a) (286) 45% Agree Strongly / Somewhat 33% Disagree Strongly/ Somewhat 32% Gave No Opinion I Answer White (66) 52% Agree Strongly / Somewhat 32% Disagree Strongly! Somewhat 16% Gave No Opinion I Answer BY GENDER Females (282) 44% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 23% Gave No Opinion / Answer BY ETHNICITY Asian (47) 49% Agree Strongly / Somewhat • 17% Disagree Strongly / Somewhat 34% Gave No Opinion / Answer Pacific Islander (9) 45% Agree Strongly / Somewhat 44% Disagree Strongly / Somewhat 11% Gave No Opinion / Answer Other (24) 42% Agree Strongly / Somewhat 37% Disagree Strongly 1 Somewhat 21% Gave No Opinion / Answer 10 No Ethnicity Given (26) 34% Agree Strongly / Somewhat 30% Disagree Strongly / Somewhat 36% Gave No Opinion / Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (258) 44% Agree Strongly / Somewhat 35% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer Tagalog (18) 40% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer No Language Given (39) 39% Agree Strome/ Somewhat 18% Disagree Strongly / Somewhat 43% Gave No Opinion / Answer 13-17(76) 42% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 21% Gave No Opinion I Answer 25 - 34 (98) . 38% Agree Strongly / Somewhat 29% Disagree Strongly/ Somewhat 33% Gave No Opinion / Answer 44.66(57) 47% Agree Strongly/ Somewhat 34% Disagree Strongly / Somewhat 19% Gave No Opinion ! Answer No Age Sheen (23) 34% Agree Strongly/ Somewhat 22% Disagree Strongly/ Somewhat 44% Gave No Opinion I Answer Spanish (187) 48% Agree Strongly / Somewhat 31% Disagree Strongly / Somewhat 21% Gave No Opinion /Answer Other (14) 36% Agree Strongly / Somewhat 35% Disagree Strongly / Somewhat 29% Gave No Opinion / Answer BY AGE RANGE 18.24 (151) 43% Agree Strongly / Somewhat 41% Disagree Strongly / Somewhat 16% Gave No Opinion / Answer 35.44 (61) 46% Agree Strongly / Somewhat 30% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer 11 65+ (36) 57% Agree Strongly ! Somewhat 25% Disagree Strongly / Somewhat 18% Gave No Opinion / Answer 4.0 BY HOUSEHOLD INCOME Under $15,000.(92) 46% Agree Strongly / Somewhat 33% Disagree Strongly I Somewhat 21% Gave No Opinion / Answer $20,000 — 34,999 (127) 39% Agree Strongly! Somewhat 39% Disagree Strongly! Somewhat 22% Gave No Opinion / Answer $50,000+ (65) 56% Agree Strongly! Somewhat 19% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer 12 $15,000— 19,999 (72) 43% Agree Strongly / Somewhat 35% Disagree Strongly / Somewhat 22% Gave No Opinion / Answer $36,000-49,999 (64) 40% Agree Strongly / Somewhat 39% Disagree Strongly / Somewhat 21% Gave No Opinion ! Answer No Income Given (80) .49% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 25% Gave No Opinion ! Answer u u u u. u L..® LA u 5. National City police officers use discourteous or offensive language. Agree Somewhat 22% Agree Strongly 16% No Answer 3% Disagree Somewhat 16% Disagree Strongly 21% No Opinion 22% ALL RESPONDENTS (500) 38% Agree Strongly / Somewhat 37% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer Males (179) 40% Agree Strongly / Somewhat 38% Disagree Strongly / Somewhat 22% Gave No Opinion / Answer No Gender Given (39) 38% Agree Strongly / Somewhat 28% Disagree Strongly! Somewhat 36% Gave No Opinion / Answer African -American (42) 31% Agree Strongly / Somewhat 33% Disagree Strongly/ Somewhat 36% Gave No Opinion ! Answer Hispanic / Latlno(a) (286) 43% Agree Strongly / Somewhat 34% Disagree Strongly / Somewhat 23% Gave No Opinion I Answer White (66) 23% Agree Strongly / Somewhat 45% Disagree Strongly/ Somewhat 32% Gave No Opinion !Answer BY GENDER Females (282) 38% Agree Strongly / Somewhat 37% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer BY ETHNICITY Asian (47) 34% Agree Strongly / Somewhat 32% Disagree Strongly! Somewhat 34% Gave No Opinion / Answer Pacific Wander (9) 45% Agree Strongly / Somewhat 55% Disagree Strongly / Somewhat 0% Gave No Opinion / Answer Other (24) 26% Agree Strongly I Somewhat 50% Disagree Strongly / Somewhat 24% Gave No Opinion / Answer 13 No Ethnicity Given (26) 34% Agree Strongly / Somewhat 31% Disagree Strongly / Somewhat 34% Gave No Opinion / Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (258) 50% Agree Strongly / Somewhat 25% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer Tagalog (18) 22% Agree Strongly / Somewhat 56% Disagree Strongly / Somewhat 22% Gave Na Opinion / Answer No Language Given (39) 30% Agree Strongly / Somewhat 30% Disagree Strongly / Somewhat 40% Gave No Opinion I Answer 13 - 17 (75) 47% Agree Strongly / Somewhat 38% Disagree Strongly/ Somewhat 15% Gave No Opinion / Answer 25.34(98) 37% Agree Strongly / Somewhat 34% Disagree Strongly / Somewhat 28% Gave No Opinion / Answer 44 - 65 (57) 34% Agree Strongly / Somewhat 33% Disagree Strongly/ Somewhat 33% Gave No Opinion / Answer No Age Given (23) 34% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 40% Gave No Opinion / Answer Spanish (187) 44% Agree Strongly / Somewhat 36% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer Other (14) . 21% Agree Strongly / Somewhat 36% Disagree Strongly / Somewhat 43% Gave No Opinion / Answer BY AGE RANGE 18 - 24 (151) 44% Agree Strongly / Somewhat 36% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer 36.44 (61) 36% Agree Strongly / Somewhat 32% Disagree Strongly / Somewhat 32% Gave No Opinion / Answer 65+ (35) 17% Agree Strongly / Somewhat 54% Disagree Strongly / Somewhat 29% Gave No Opinion / Answer 14 IJ L__fi t—li LJ Ji L__li L_Ji L-7 L—Q. L_J LJ BY HOUSEHOLD INCOME Under $15,000 (92) 40% Agree Strongly / Somewhat 40% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer $20,000-34,999 (127) 34% Agree Strongly / Somewhat 42% Disagree Strongly / Somewhat 24% Gave No Opinion / Answer $50,000 + (65) 34% Agree Strongly / Somewhat 32% Disagree Strongly / Somewhat 34% Gave No Opinion / Answer 15 $15,000-19,999 (72) 46% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer $35,000-49,999 (64) 44% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 23% Gave No Opinion / Answer No Income Given (80) 36% Agree Strongly / Somewhat 38% Disagree Strongly / Somewhat 26% Gave No Opinion / Answer 6. Race, religion, gender, language, sexual orientation, class, and age influence how one is treated by National City police officers. Agree Somewhat 23% Agree Strongly 25% No Answer 4% Disagree Somewhat 12% Disagree Strongly 16% No Opinion 20% ALL RESPONDENTS (500) 48% Agree Strongly ! Somewhat 28% Disagree Strongly / Somewhat 24% Gave No Opinion / Answer Metes (179) 48% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 24% Gave No Opinion I Answer No Gender Given (39) 47% Agree Strongly / Somewhat 23% Disagree Strongly I Somewhat 30% Gave No Opinion / Answer African-Amer/can (42) 80% Agree Strongly I Somewhat 14% Disagree Strongly/ Somewhat 26% Gave No Opinion ! Answer Hispanic / i.etino(a) (266) 54% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 19% Gave No Opinion / Answer White (66) 34% Agree Strongly / Somewhat 32% Disagree Strongly! Somewhat 34% Gave No Opinion / Answer BY GENDER Female* (282) 49% Agree Strongly / Somewhat 29% Disagree Strongly / Somewhat 22% Gave No Opinion ! Answer BY ETHNICITY Asian (47) 36% Agree Strongly / Somewhat • 34% Disagree Strongly! Somewhat 30% Gave No Opinion ! Answer Pacific Islander (9) 45% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 22% Gave No Opinion / Answer Other (24) 42% Agree Strongly / Somewhat 37% Disagree Strongly) Somewhat 21% Gave No Opinion / Answer 16 No Ethnicity Given (26) 42% Agree Strongly / Somewhat 24% Disagree Strongly / Somewhat 34% Gave No Opinion ! Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (268) 51% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer Tagalog (18) 33% Agree Strongly / Somewhat 39% Disagree Strongly / Somewhat 28% Gave No Opinion / Answer No Language Given (39) 26% Agree Strongly / Somewhat 34% Disagree Strongly / Somewhat 40% Gave No Opinion / Answer 13 - 17 (75) 51% Agree Strongly ! Somewhat 27% Disagree Strongly! Somewhat 22% Gave No Opinion / Answer 25.34(98) 48% Agree Strongly / Somewhat 25% Disagree Strongly! Somewhat 27% Gave No Opinion !Answer 44.65 (57) 42% Agree Strongly / Somewhat 30% Disagree Strongly/ Somewhat 28% Gave No Opinion / Answer No Age Given (23) 39% Agree Strongly! Somewhat 26% Disagree Strongly/ Somewhat 35% Gave No Opinion / Answer Spanish (187) 50% Agree Strongly / Somewhat 28% Disagree Strongly! Somewhat 22% Gave No Opinion / Answer Other (14) 58% Agree Strongly / Somewhat 21% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer BY AGE RANGE 18 - 24 (151) 56% Agree Strongly! Somewhat 26% Disagree Strongly / Somewhat 18% Gave No Opinion / Answer 36 - 44 (61) 49% Agree Strongly / Somewhat 23% Disagree Strongly / Somewhat 28% Gave No Opinion / Answer 17 65+ (35) 34% Agree Strongly / Somewhat 43% Disagree Strongly / Somewhat 23% Gave No Opinion / Answer BY HOUSEHOLD INCOME Under $15,000 (92) 47% Agree Strongly! Somewhat 28% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer $20,000— 34,999 (127) 52% Agree Strongly / Somewhat 29% Disagree Strongly! Somewhat 19% Gave No Opinion / Answer $60,000 + (65) 44% Agree Strongly / Somewhat 28% Disagree Strongly! Somewhat 30% Gave No Opinion / Answer 18 $18,000-19,999 (72) 53% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer $35,000-49,999 (64) 50% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 23% Gave No Opinion / Answer No income Given (80) 44% Agree Strongly/ Somewhat 29% Disagree Strongly / Somewhat 27% Gave No Opinion ! Answer 7. National City police officers are effective in deterring crime. Agree Somewhat 30% Agree Strongly 21% No Answer 6% Disagree Somewhat 18% Disagree Strongly 9% No Opinion 16% ALL RESPONDENTS (500) 51%Agree Strongly / Somewhat 27% Disagree Strongly !Somewhat 22% Gave No Opinion ! Answer Males (179) 51% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 21% Gave No Opinion 1 Answer NO Gender Given (39) 41% Agree Strongly / Somewhat 33% Disagree Strongly/ Somewhat 26% Gave No Opinion /Answer African -American (42) 48% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 26% Gave No Opinion ! Answer Hispanic/Latino(a) (280) 53% Agree Strongly / Somewhat 29% Disagree Strongly/ Somewhat 18% Gave No Opinion / Answer White (86) 56% Agree Strongly! Somewhat 19% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer BY GENDER Females (282) 52% Agree Strongly / Somewhat 27% Disagree Strongly! Somewhat 21% Gave No Opinion / Answer BY ETHNICITY Asian (47) 51% Agree Strongly / Somewhat 17% Disagree Strongly! Somewhat 32% Gave No Opinion / Answer Pacific Islander (9) 56% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 11% Gave No Opinion / Answer Other (24) 33% Agree Strongly / Somewhat 38% Disagree Strongly / Somewhat 29% Gave No Opinion / Answer 19 No Ethnicity Given (26) 31% Agree Strongly / Somewhat 38% Disagree Strongly / Somewhat 31% Gave No Opinion / Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (258) 51% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer Tagalog (18) 56% Agree Strongly! Somewhat 28% Disagree Strongly / Somewhat 16% Gave No Opinion / Answer No Language Given (39) 26% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 48% Gave No Opinion / Answer 13 - 17 (76) 56% Agree Strongly / Somewhat 23% Disagree Strongly / Somewhat 21% Gave No Opinion ! Answer 25.34 (98) 45% Agree Strongly / Somewhat 35% Disagree Strongly/ Somewhat 20% Gave No Opinion / Answer 44.65 (57) 51% Agree Strongly / Somewhat 23% Disagree Strongly / Somewhat 26% Gave No Opinion ! Answer No Age Given (23) 36% Agree Strongly! Somewhat 34% Disagree Strongly / Somewhat 30% Gave No Opinion / Answer Spanish (187) 55% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer Other (14) 28% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 44% Gave No Opinion 1 Answer BY AGE RANGE 18.24 (151) 49% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 18% Gave No. Opinion /Answer 35.44 (61) 55% Agree Strongly / Somewhat 24% Disagree Strongly / Somewhat 21% Gave No Opinion ! Answer 65+ (35) 60% Agree Strongly! Somewhat 12% Disagree Strongly 1 Somewhat 28% Gave No Opinion /Answer 20 BY HOUSEHOLD INCOME Under $15,000 (92) 50% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer $20,000— 34,999 (127) 54% Agree Strongly / Somewhat 28% Disagree Strongly/ Somewhat 18% Gave No Opinion / Answer $50,000 + (65) 63% Agree Strongly / Somewhat 17% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer rti 21 $15,000-19,999 (72) 53% Agree Strongly / Somewhat 30% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer 635,000 — 49,999 (64) 42% Agree Strongly / Somewhat 34% Disagree Strongly / Somewhat 24% Gave No Opinion / Answer No Income Given (80) 43% Agree Strongly / Somewhat 22% Disagree Strongly / Somewhat 35% Gave No Opinion / Answer 8. National City police officers should learn to speak Spanish. Agree Strongly 38% No An 5% Agree Somewhat 23% Disagree Somewhat 11%. Disagree Strongly 12% No Opinion 11% ALL RESPONDENTS (500) 61 % Agree Strongly / Somewhat 33% Disagree Strongly! Somewhat 16% Gave No Opinion / Ahswer Males (179) 57% Agree Strongly / Somewhat 27% Disagree Strongly! Somewhat 16% Gave No Opinion / Answer No Gender Given (39) 56% Agree Strongly / Somewhat 11% Disagree Strongly / Somewhat 33% Gave No Opinion / Answer African -American (42) 34% Agree Strongly / Somewhat 32% Disagree Strongly / Somewhat 34% Gave No Opinion / Answer Hispanic/Latino(a) (286) 71% Agree Strongly! Somewhat 19% Disagree Strongly/ Somewhat 10% Gave No Opinion !Answer White (66) 50% Agree Strongly / Somewhat 32% Disagree Strongly/ Somewhat 18% Gave No Opinion (Answer BY GENDER Females (282) 65% Agree Strongly / Somewhat 22% Disagree Strongly / Somewhat 13% Gave No Opinion / Answer BY ETHNICITY Asian (47) 56% Agree Strongly! Somewhat 23% Disagree Strongly! Somewhat 21% Gave No Opinion / Answer Pacific Islander (9) 78% Agree Strongly / Somewhat 11% Disagree Strongly / Somewhat 11% Gave No Opinion / Answer Other (24) 50% Agree Strongly! Somewhat 33% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer 22 dF No Ethnicity Given (26) 46% Agree Strongly / Somewhat 16% Disagree Strongly / Somewhat 38% Gave No Opinion / Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (258) 55% Agree Strongly / Somewhat 26% Disagree Strongly / Somewhat 19% Gave No Opinion / Answer Tagalog (18) 61% Agree Strongly / Somewhat 18% Disagree Strongly / Somewhat 11% Gave No Opinion / Answer No Language Gl (39) 35% Agree Strongly / Somewhat 22% Disagree Strongly / Somewhat 43% Gave No Opinion / Answer 13.17(75) 70% Agree Strongly / Somewhat 18% Disagree Strongly / Somewhat 12% Gave No Opinion / Answer 26 - 34 (98) 56% Agree Strongly / Somewhat 26% Disagree Strongly/ Somewhat 18% Gave No Opinion / Answer 44.65 (67) 61% Agree Strongly / Somewhat 27% Disagree Strongly/ Somewhat 12% Gave No Opinion / Answer No Age Given (23) 49% Agree Strongly / Somewhat 8% Disagree Strongly! Somewhat 43% Gave No Opinion / Answer Spanish (187) 74% Agree Strongly / Somewhat 17% Disagree Strongly / Somewhat 9% Gave No Opinion / Answer Other (14) 65% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 7% Gave No Opinion / Answer BY AGE RANGE 18.24(151) 62% Agree Strongly / Somewhat 24% Disagree Strongly / Somewhat 14% Gave No Opinion / Answer 35 - 44 (81) 70% Agree Strongly / Somewhat 18% Disagree Strongly I Somewhat 12% Gave No Opinion / Answer 23 65+ (35) 43% Agree Strongly / Somewhat 34% Disagree Strongly / Somewhat 23% Gave No Opinion / Answer SY HOUSEHOLD INCOME Under $15,000 (92) 63% Agree Strongly / Somewhat 20% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer $20,000 — 34,999 (127) 62% Agree Strongly / Somewhat 21% Disagree Strongly! Somewhat 17% Gave No Opinion / Answer $50,000 + (66) 60% Agree Strongly / Somewhat 29% Disagree Strongly! Somewhat 11% Gave No Opinion / Answer $16,000-19,999 (72) 85% Agree Strongly / Somewhat 23% Disagree Strongly / Somewhat 12% Gave No Opinion / Answer $35,000— 49,999 (64) 64% Agree Strongly / Somewhat 30% Disagree Strongly / Somewhat 6% Gave No Opinion / Answer No income Given (80) 55% Agree Strongly / Somewhat 19% Disagree Strongly / Somewhat 28% Gave No Opinion ! Answer 9. National City police officers are respected for their commitment to public service. Agree Somewhat 28% Agree Strongly 24% No Answer 4% Disagree Somewhat 15% Disagree Strongly No Opinion 16% 13% ALL RESPONDENTS (500) 52% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer Males (179) 55% Agree Strongly / Somewhat 31% Disagree Strongly / Somewhat 14% Gave No Opinion / Answer No Gender Given (39) 49% Agree Strongly / Somewhat 23% Disagree Strongly / Somewhat 28% Gave No Opinion / Answer African -American (42) 68% Agree Strongly / Somewhat 15% Disagree Strongly / Somewhat 17% Gave No Opinion 1 Answer Hispanic / Let/no(a) (286) 53% Agree Strongly / Somewhat 31% Disagree Strongly / Somewhat 16% Gave No Opinion I Answer White (66) 48% Agree Strongly / Somewhat 26% Disagree Strongly/ Somewhat 26% Gave No Opinion / Answer BY GENDER Females (282) 52% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer BY ETHNICITY Asian (47) 54% Agree Strongly / Somewhat 23% Disagree Strongly / Somewhat 23% Gave No Opinion /Answer Pacific islander (9) 78% Agree Strongly / Somewhat 11% Disagree Strongly! Somewhat 11% Gave No Opinion / Answer Other(24) 60% Agree Strongly I Somewhat 25% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer 25 No Ethnicity Given (26) 28% Agree Strongly/ Somewhat 39% Disagree Strongly! Somewhat 35% Gave No Opinion / Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (268) 51% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer Tagalog (18) 66% Agree Strongly / Somewhat 28% Disagree Strongly/ Somewhat 6% Gave No Opinion / Answer No Language Given (39) 31% Agree Strongly / Somewhat 28% Disagree Strongly/ Somewhat 43% Gave No Opinion I Answer 13.17 (76) 52% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer 28 - 34 (98) 52% Agree Strongly! Somewhat 31% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer 44 - 65 (57) 55% Agree Strongly / Somewhat 26% Disagree Strongly ! Somewhat 19% Gave No Opinion / Answer No Age Given (23) 31% Agree Strongly / Somewhat 26% Disagree Strongly! Somewhat 43% Gave No Opinion !Answer Spanish (187) 57% Agree Strongly! Somewhat 29% Disagree Strongly / Somewhat 14% Gave No Opinion / Answer Other (14) 28% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 44% Gave No Opinion ! Answer BY AGE RANGE 18.24(151) 50% Agree Strongly! Somewhat 32% Disagree Strongly / Somewhat 18% Gave No Opinion / Answer 36 - 44 (61) 55% Agree Strongly / Somewhat 26% Disagree Strongy/ Somewhat 18% Gave No Opinion / Answer 26 85+ (35) 69% Agree Strongly! Somewhat 14% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer BY HOUSEHOLD INCOME Under $15,000 (92) 59% Agree Strongly/ Somewhat 22% Disagree Strongly / Somewhat 19% Gave No Opinion /Answer $20,000— 34,999 (127) 54% Agree Strongly / Somewhat 29% Disagree Strongly/ Somewhat 17% Gave No Opinion / Answer 650,000 + (65) 57% Agree Strongly / Somewhat 23% Disagree Strongly/ Somewhat 20% Gave No Opinion (Answer 27 $15,000-19,999 (72) 49% Agree Strongly / Somewhat 34% Disagree Strongly / Somewhat 17% Gave No Opinion /Answer $35,000-49,999 (54) 45% Agree Strongly / Somewhat 38% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer No Income Given (80) 48% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 27% Gave No Opinion /Answer 10. Some people who are mistreated by police officers are apathetic or fearful about complaining to the National City Police Department. Agree Somewhat 22% Agree Strongly 29% No Answer 4% Disagree Somewhat 14% Disagree Strongly 10% No Opinion 21% ALL RESPONDENTS (500) 51% Agree Strongly / Somewhat 24% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer Males (179) 54% Agree Strongly I Somewhat 24% Disagree Strongly / Somewhat 22% Gave No Opinion / Answer No Gender Given (39) 41% Agree Strongly / Somewhat 23% Disagree Strongly/ Somewhat 36% Gave No Opinion / Answer African -American (42) 53% Agree Strongly / Somewhat 24% Disagree Strongly / Somewhat 23% Gave No Opinion / Answer Hispanic/Let/no(a) (288) 58% Agree Strongly i Somewhat 22% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer White (66) 40% Agree Strongly/ Somewhat 28% Disagree Strongly / Somewhat 32% Gave No Opinion /Answer BY GENDER Females (282) 52% Agree Strongly / Somewhat 24% Disagree Strongly / Somewhat 24% Gave No Opinion / Answer BY ETHNICITY Asian (47) 49% Agree Strongly / Somewhat 21% Disagree Strongly! Somewhat 30% Gave No Opinion / Answer Pacific Islander (9) 67% Agree Strongly! Somewhat 11% Disagree Strongly / Somewhat 22% Gave No Opinion / Answer Other (24) 38% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 29% Gave No Opinion ! Answer 28 No Ethnicity Given (28) 35% Agree Strongly / Somewhat 23% Disagree Strongly / Somewhat 42% Gave No Opinion / Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (258) 51% Agree Strongly / Somewhat 25% Disagree Strongly / Somewhat 24% Gave No Opinion /Answer Tagalog (18) 56% Agree Strongly! Somewhat 22% Disagree Strongly! Somewhat 22% Gave No Opinion / Answer No Language Given (39) 26% Agree Strongly / Somewhat 28% Disagree Strongly! Somewhat 48% Gave No Opinion / Answer 13.17 (76) 49% Agree Strongly / Somewhat 28% Disagree Strongly! Somewhat 23% Gave No Opinion / Answer 26.34(98) 55% Agree Strongly / Somewhat 17% Disagree Strongly / Somewhat 28% Gave No Opinion / Answer 44.66 (67) 48% Agree Strongly / Somewhat 30% Disagree Strongly! Somewhat 22% Gave No Opinion / Answer No Age Given (23) 39% Agree Strongly! Somewhat 13% Disagree Strongly/ Somewhat 48% Gave No Opinion (Answer Spanish (187) 57% Agree Strongly! Somewhat 22% Disagree Strongly / Somewhat 21% Gave No Opinion / Answer Other (14) 43% Agree Strongly / Somewhat 14% Disagree Strongly / Somewhat 43% Gave No Opinion ! Answer BY AGE RANGE 18 - 24 (151) 57% Agree Strongly / Somewhat 24% Disagree Strongly / Somewhat 19% Gave No Opinion / Answer 35-44(61) 60% Agree Strongly / Somewhat 15% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer 65+ (35) 31% Agree Strongly / Somewhat 40% Disagree Strongly/ Somewhat 29% Gave No Opinion / Answer 29 BY HOUSEHOLD INCOME Under 916,000 (92) 54% Agree Strongly! Somewhat 21% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer $20,000 — 34,999 (127) 50% Agree Strongly / Somewhat 25% Disagree Strongly! Somewhat 25% Gave No Opinion /Answer $60,000 + (66) 53% Agree Strongly / Somewhat 25% Disagree Strongly / Somewhat 22% Gave No Opinion I Answer 30 $15,000-19,999 (72) 64% Agree Strongly / Somewhat 11% Disagree Strongly! Somewhat 25% Gave No Opinion / Answer $35,000-49,999 (64) 50% Agree Strongly / Somewhat 28% Disagree Strongly/ Somewhat 22% Gave No Opinion ! Answer No income Given (80) 43% Agree Strongly/ Somewhat 30% Disagree Strongly/ Somewhat 27% Gave No Opinion / Answer >u L. ou :iU 'u L ,u a to 11. The quality of service provided by National City police officers is equal to that provided by other police officers in San Diego County. Agree Somewhat 25% Agree Strongly 20% No Answer 4% Disagree Somewhat 16% Disagree Strongly 13% No Opinion 22% ALL RESPONDENTS (500) 45% Agree Strongly! Somewhat 29% Disagree Strongly / Somewhat 26% Gave No Opinion / Answer Males (179) 50% Agree Strongly! Somewhat 30% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer No Gender Given (39) 37% Agree Strongly / Somewhat 15% Disagree Strongly / Somewhat 48% Gave No Opinion / Answer African -American (42) 55% Agree Strongly ! Somewhat 19% Disagree Strongly / Somewhat 26% Gave No Opinion ! Answer Hispanic / Laat/na(aa) (2.86) 42% Agree Strongly / Somewhat 34% Disagree Strongly/ Somewhat 24% Gave No Opinion ! Answer White (86) 51% Agree Strongly / Somewhat 21% Disagree Strongly / Somewhat 28% Gave No Opinion / Answer BY GENDER Females (282) 42% Agree Strongly / Somewhat 30% Disagree Strongly / Somewhat 28% Gave No Opinion / Answer BY ETHNICITY Asian (47) 49% Agree Strongly / Somewhat 23% Disagree Strongly / Somewhat 28% Gave No Opinion ! Answer Pacific Islander (9) 45% Agree Strongly / Somewhat 33% Disagree Strongly / Somewhat 22% Gave No Opinion / Answer Other (24) 37% Agree Strongly! Somewhat 30% Disagree Strongly! Somewhat 33% Gave No Opinion / Answer 31 No Ethnicity Given (26) 27% Agree Strongly/ Somewhat 24% Disagree Strongly/ Somewhat 49% Gave No Opinion / Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (258) 44% Agree Strongly / Somewhat 30% Disagree Strongly / Somewhat 26% Gave No Opinion ! Answer Tagalog (18) 61% Agree Strongly / Somewhat 22% Disagree Strongly / Somewhat 17% Gave No Opinion / Answer No Language Given (39) 34% Agree Strongly / Somewhat 14% Disagree Strongly! Somewhat 52% Gave No Opinion ! Answer 13.17(75) 45% Agree Strongly / Somewhat 30% Disagree Strongly / Somewhat 25% Gave No Opinion / Answer 25.34 (98) 38% Agree Strongly! Somewhat 32% Disagree Strongly/ Somewhat 30% Gave No Opinion / Answer 44-65(57) 54% Agree Strongly / Somewhat 18% Disagree Strongly/ Somewhat 28% Gave No Opinion / Answer No Age Given (23) 21% Agree Strongly / Somewhat 31% Disagree Strongly / Somewhat 48% Gave No Opinion ! Answer Spanish (187) 46% Agree Strongly / Somewhat 30% Disagree Strongly! Somewhat 24% Gave No Opinion / Answer Other (14) 42% Agree Strongly / Somewhat 28% Disagree Strongly / Somewhat 30% Gave No Opinion / Answer BY AGE RANGE 18.24 (161) 42% Agree Strongly! Somewhat 36% Disagree Strongly / Somewhat 22% Gave No Opinion / Answer 36 - 44 (61) 48% Agree Strongly / Somewhat 24% Disagree Strongly / Somewhat 28% Gave No Opinion / Answer 32 65+ (36) 63% Agree Strongly / Somewhat 9% Disagree Strongly / Somewhat 28% Gave No Opinion / Answer BY HOUSEHOLD INCOME Under $15,000 (92) 43% Agree Strongly / Somewhat 27% Disagree Strongly / Somewhat 30% Gave No Opinion / Answer $20,000 — 34,999 (127) 41% Agree Strongly / Somewhat 29% Disagree Strongly / Somewhat 30% Gave No Opinion / Answer $50,000 + (65) 58% Agree Strongly / Somewhat 18% Disagree Strongly/ Somewhat 24% Gave No Opinion /Answer 33 $15,000-19,999 (72) 49% Agree Strongly / Somewhat 32% Disagree Strongly / Somewhat 19% Gave No Opinion / Answer $35,000-49,999 (64) 38% Agree Strongly / Somewhat 42% Disagree Strongly / Somewhat 20% Gave No Opinion / Answer No Income Given (80) 42% Agree Strongly / Somewhat 25% Disagree Strongly / Somewhat 33% Gave No Opinion I Answer 12. Do you live in National City? Yes 60% No Answer No 3% 37% ALL RESPONDENTS (600) 60% Yes 37% No 3% No Answer Males (179) $9% Yes 40% No 1% No Answer African -American (42) 36% Yes 62% No 2% No Answer Pacific Islander (9) 55% Yes 45% No 0% No Answer No Ethnicity Given 35% Yes 27% No 10% No Answer (26) BY GENDER Females (282) 63% Yes 36% No 1% No Answer BY ETHNICITY Asian (47) 68% Yes 30% No 2% No Answer White (86) 51% Yes 49% No 0% No Answer 34 No Gender Given (39) 48% Yes 26% No 26% No Answer Hispanic / Lafino(a) (286) 68% Yes 31% No 1% No Answer Other (24) 58% Yes 42% No 0% No Answer English (258) 55% Yes 45% No 0% No Answer Other (14) 79% Yes 21% No 0% No Answer 13.17 (75) 84% Yes 16% No 0% No Answer 44.68 (57) 58% Yes 39% No 3% No Answer BY PRIMARY LANGUAGE SPOKEN Spanish (187) 69% Yes 30% No 1% No Answer No Language Given (39) 26% Yes 30% No 44% No Answer 18.24(151) 60% Yes 40% No 0% No Answer IN HOUSEHOLD Tagalog (18) 72% Yes 28% No 0% No Answer BY AGE RANGE 26 - 34 (98) 56% Yes 43% No 1% No Answer 65+ (35) 66% Yes 31% No 3% No Answer 35.44 (61) 52% Yes 48% No 0% No Answer No Age Given (23) 30% Yes 30% No 40% No Answer BY HOUSEHOLD INCOME Under $15,000 (92) 67% Yes 33% No 0% No Answer $20,000 — 34,999 (127) 60% Yes 39% No 1% No Answer $50,000+ (85) 49% Yes 51% No 0% No Answer 35 $16,000-19,999 (72) 61% Yes 38% No 1% No Answer $35,000-49,999 (64) 59% Yes 41% No 0% No Answer No Income Given (80) 63% Yes 24% No 13% No Answer 13. Have you ever filed a complaint about how you were treated by a National City police officer? Males (179) 14% Yes 83% No 3% No Answer No 85% Yes 11% No Answer • 4% ALL. RESPONDENTS (500) 11% Yes 85% No 4% No Answer African -American (42) 1% Yes 99% No 0% No Answer Pacific Islander (9) 0% Yes 100% No 0% No Answer No Ethnicity Given (26) 8% Yes 50% No 42% No Answer BY GENDER Females (282) 10% Yes 89% No 1% No Answer BY ETHNICITY Asian (47) 2% Yes 96% No 2% No Answer White (66) 17% Yes 82% No 1% No Answer 36 No Gender Given (39) 5% Yes 67% No 28% No Answer Hispanic /Latlno(a) (286) 4% Yes 31% No 1% No Answer Other (24) 17% Yes 79% No 4% No Answer English (258) 11% Yes 88% No 1% No Answer Other (14) 21% Yes 79% No 0% No Answer 13-17(75) 11% Yes 89% No 0% No Answer 44 - 65 (57) 16% Yes 82% No 2% No Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD Spanish (187) 12% Yes 85% No 3% No Answer No Language Given (39) 9% Yes 43% No 48% No Answer 18- 24 (151) 14% Yes 84% No 2% No Answer Tagalog (18) 0% Yes 100% No 0% No Answer BY AGE RANGE 25.34 (98) 9% Yes 89% No 2% No Answer 65+ (35) 6% Yes 88% No 6% No Answer 35.44(61) 10% Yes 88% No 2% No Answer No Age Given (23) 0% Yes 52% No 48% No Answer BY HOUSEHOLD INCOME Under $15,000 (92) 8% Yes 90% No 2% No Answer $20,000— 34,999 (127) 13% Yes 85% No 2% No Answer $50,000+ (66) 14% Yes 86% No 0% No Answer 37 $15,000-19,999 (72) 13% Yes 86% No 1% No Answer $35,000 — 49,999164) 14% Yes 84% No 2% No Answer No Income Given (80) 8% Yes 77% No 15% No Answer 14. If so, how was your complaint handled? Investigated Poorly 24% Investigated Well / Thoroughly 25% Males (24) 59% Yes 40% No 1% No Answer African -American (42) 36% Yes 62% No 2% No Answer Pacific islander (9) 55% Yes 45% No 0% No Answer No Ethnicity Given (26) 35% Yes 27% No 10% No Answer Not Investigated / . Ignored 37% Don't Know Investigation 12% Pending 2% ALL RESPONDENTS (61) BY GENDER Females (282) 63% Yes 36% No 1% No Answer BY ETHNICITY Asian (47) 68% Yes 30% No 2% No Answer White (66) 51% Yes 49% No 0% No Answer 38 No Gender Given (39) 48% Yes 26% No 26% No Answer Hispanic / Ladno(a) (286) 88% Yes 31% No 1% No Answer Other (24) 58% Yes 42% No 0% No Answer English (258) 55% Yes 45% No 0% No Answer Other (14) 79% Yes 21% No 0% No Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD Spanish (187) 69% Yes 30% No 1% No Answer No Language Given (39) 26% Yes 30% No 44% No Answer Tagalog (18) 72% Yes 28% No 0% No Answer BY AGE RANGE 13-17(75) 18-24(151) 25.34(98) 84% Yes 60% Yes 56% Yes 16% No 40% No 43% No 0% No Answer 0% No Answer 1% No Answer 44 - 65 (57) 58% Yes 39% No 3% No Answer 65+ (35) 66% Yes 31% No 3% No Answer 35.44 (61) 52% Yes 48% No 0% No Answer No Age Given (23) 30% Yes 30% No 40% No Answer BY HOUSEHOLD INCOME Under $15,000 (92) 67% Yes 33% No 0% No Answer $20,000-34,999 (127) 80% Yes 39% No 1% No Answer $50, 000+ (55) 49% Yes 51% No 0% No Answer 39 $15,000-19,999 (72) 61% Yes 38% No 1% No Answer $35,000-49,999 (64) 59% Yes 41% No 0% No Answer No Income Given (80) 63% Yes 24% No 13% No Answer 15. 11 not, why? Males (179) 59% Yes 40% No 1% No Answer African -American (42) 36% Yes 62% No 2% No Answer Pacific islander (9) 55% Yes 45% No 0% No Answer No Ethnicity Given (26) 35% Yes 27% No 10% Nn Answer N3 cnTo/Traded Faly 43% 12% Nd Sefas Butt 13% TcoCifkx9 3%, Vl4ded71ne 16% ALL RESPONDENTS (202) BY GENDER Females (282) 63% Yes 38% No 1% No Answer BY ETHNICITY Asian (47) 68% Yes 30% No 2% No Answer White (66) 51% Yes 49% No 0% No Answer 40 No Gender Given (39) 48% Yes 26% No 28% No Answer Hispanic / Latino(a) (286) 68% Yes 31% No 1% No Answer Other (24) 58% Yes 42% No 0% No Answer English (258) 55% Yes 45% No 0% No Answer Other (14) 79% Yes 21% No 0% No Answer 13 - 17 (75) 84% Yes 16% No 0% No Answer 44-65(57) 58% Yes 39% No - 3% No Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD 16. Should the National City Police Department have a citizens' advisory board? r Spanish (187) 69% Yes 30% No 1% No Answer No Language Given (39) 26% Yes 30% No 44% No Answer 18 - 24 (151) 60% Yes 40% No 0% No Answer Tagalog (18) 72% Yes 28% No 0% No Answer BY AGE RANGE 26 - 34 (98) 56% Yes 43% No 1% No Answer 65+ (35) 66% Yes 31% No 3% No Answer 35 - 44 (61) 52% Yes 48% No 0% No Answer No Age Given (23) 30% Yes 30% No 40% No Answer BY HOUSEHOLD INCOME Under $15,000 (92) 67% Yes 33% No 0% No Answer $20,000- 34,999 (127) 60% Yes 39% No 1% No Answer $50,000 + (65) 49% Yes 51% No 0% No Answer 41 $15,000-19,999 (72) 61% Yes 38% No 1% No Answer $35,000 - 49,999 (64) 59% Yes 41% No 0% No Answer No income Given (80) 83% Yes 24% No 13% No Answer Yes 74% No Answer No 12% 14% ALL RESPONDENTS (500) Yes (370) No (70) No Answer (60) 30% of those who responded "Yes" are registered to vote in National City Males (179) 77% Yes 14% No 9% No Answer African -American (42) 88% Yes 10% No 2% No Answer Pacific Islander (9) 89% Yes 11% No 0% No Answer No Ethnicity Given (26) 35% Yes 11% No 54% No Answer BY GENDER Females (282) 76% Yes 14% No 10% No Answer BY ETHNICITY Asian (47) 70% Yes 13% No 17% No Answer White (66) 65% Yes 24% No 11% No Answer 42 No Gender Given (39) 44% Yes 15% No 41% No Answer Hispanic /Letino(a) (286) 79% Yes 13% No 8% No Answer Other (24) 63% Yes 12% No 25% No Answer English (258) 75% Yes 15% No 10% No Answer Other (14) 84% Yes 15% No 21% No Answer 13 - 17 (75) 71% Yes 17% No 12% No Answer 44.65 (57) 72% Yes 19% No 9% No Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD Spanish (187) 80% Yes 12% No 8% No Answer No Language Given (39) 22% Yes 17% No 61% No Answer BY AGE RANGE 18-24 (151) 82% Yes 12% No 6% No Answer 65+ (35) 54% Yes 28% No 20% No Answer Tagalog (18) 72% Yes 17% No 11% No Answer 25 - 34 (98) 81% Yes 11% No 8% No Answer 35 - 44 (61) 75% Yes 9% No 16% No Answer No Age Given (23) 34% Yes 9% No 57% No Answer BY HOUSEHOLD INCOME Under$15,000 (92) $15,000- 19,999 (72) 73% Yes 82% Yes 17% No 11% No 10% No Answer 7% No Answer $20,000 - 34,999 (127) 80% Yes 10% No 10% No Answer $50,000 + (65) 74% Yes 17% No 9% No Answer 43 $35, 000 - 49,999 (64) 75% Yes 19% No 6% No Answer No Income Given (80) 59% Yes 12% No 29% No Answer 17. Should complaints against a National City police officer or the National City Police Department be reviewed by a committee of private citizens? Yes 67% No No Answer . 20% 13% ALL RESPONDENTS (500) Yes (332) No (102) No Answer (66) 32% of those who responded "Yes" are registered to vote in National City Males (179) 67% Yes 21% No 12% No Answer African -American (42) 79% Yes 14% No 7% No Answer Pacific Islander (9) 100% Yes 0% No 0% No Answer No Ethnicity Given (26) 31% Yes 19% No 50% No Answer BY GENDER Females (282) 70% Yes 20% No 10% No Answer BY ETHNICITY Asian (47) 70% Yes 15% No 15% No Answer White (66) 55% Yes 33% No 12% No Answer 44 No Gender Given (39) 38% Yes 21% No 41% No Answer Hispanic/Latino(a) (286) 70% Yes 20% No 10% No Answer Other (24) 50% Yes 25% No 25% No Answer English (258) 69% Yes 21% No 10% No Answer Other (14) 69% Yes 21% No 10% No Answer 13 - 17 (75) 68% Yes 20% No 13% No Answer 44 - 65 (57) 67% Yes 21% No 12% No Answer BY PRIMARY LANGUAGE SPOKEN Spanish (187) 67% Yes 21% No 12% No Answer No Language Given (39) 22% Yes 22% No 56% No Answer BY AGE 18 - 24 (151) 74% Yes 28% No 12% No Answer 65+ (35) 31% Yes 40% No 29% No Answer IN HOUSEHOLD Tagalog (18) 90% Yes 5% No 5% No Answer RANGE 25 - 34 (98) 73% Yes 18% No 9% No Answer 35 - 44 (61) 67% Yes 20% No 13% No Answer No Age Given (23) 35% Yes 17% No 48% No Answer BY HOUSEHOLD INCOME Under $15,000 (92) 58% Yes 32% No 10%• No Answer $20,000— 34,999 (127) 72% Yes 17% No 11% No Answer $50,000 + (65) 72% Yes 19% No 9% No Answer 45 $15,000— 19,999 (72) 75% Yes 19% No 6% No Answer $35,000 — 49,999 (64) 76% Yes 17% No 7% No Answer No Income Given (80) 48% Yes 19% No 33% No Answer 1. I live in National City. Males (118) 88% Yes 34% No 0% No Answer African -American (15) 80% Yes 20% No 0% No Answer Pacific Islander (15) 73% Yes 27% No 0% No Answer No Ethnicity Given (8) 83% Yes 37% No 0% No Answer Yes 71% ALL RESPONDENTS (275) Yes (195) No (80) BY GENDER Females (142) 74% Yes 26% No 0% No Answer BY ETHNICITY Asian (17) 94% Yes 6% No 0% No Answer White (69) 87% Yes 33% No 0% No Answer No Gender Given (75) 80% Yes 20% No 0% No Answer Hispanic/Latino(a) (137) 70% Yes 30% No 0% No Answer Other (14) 57% Yes 43% No 0% No Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (174) 64% Yes 35% No 1% No Answer Spanish (67) 81% Yes 19% No 0% No Answer Tagalog (11) 100% Yes 0% No 0% No Answer Other (9) 89% Yes 11% No 0% No Answer 13 - 17 (14) 71% Yes 29% No 0% No Answer 45 - 64 (65) 72% Yes 28% No31% No 0% No Answer No Language Given (14) 71% Yes 29% No 0% No Answer BY AGE RANGE 18 - 24 (34) 25 - 34 (60) 35 - 44 (49) 79% Yes 67% Yes 55% Yes 21% No 32% No 45% No 0% No Answer 1% No Answer 0% No Answer 65+ (50) 88% Yes 14% No 0% No Answer BY HOUSEHOLD Under $15,000 (34) 88% Yes 12% No 0% No Answer $20, 000 - 34,999 (55) 82% Yes 16% No 2% No Answer $50,000 + (81) 46% Yes 54% No 0% No Answer No Age Given (3) 33% Yes 67% No 0% No Answer INCOME $15,000— 19,999 (30) 77% Yes 23% No 0% No Answer $35, 000 - 49,999 (51) 86% Yes 14% No 0% No Answer No Income Given (24) 67% Yes 33% No 0 No Answer 2. I believe I will be treated fairly if I encounter a National City police officer. Yes (195) Males (118) 76% Yes 19% No 5% No Opinion 0% No Answer Yes 69% No OpIn 8% No Answer 2% No 21% ALL RESPONDENTS (275) No (57) No Opinion (22) No Answer (5) BY GENDER Females (142) No Gender Given (15) 83% Yes 80% Yes 25% No 0% No 10% No Opinion 13% No Opinion 2% No Answer 7% No Answer BY ETHNICITY African -American (15)Asian (17) 80% Yes 82% Yes 20% No 6% No 0% No Opinion 12% No Opinion 0% No Answer 0% No Answer Pacific Islander (15) 93% Yes 7% No 0% No Opinion 0% No Answer No Ethnicity Given (8) 60% Yes 38% No 12% No Opinion 0% No Answer We (59) 88% Yes 10% No 0% No Opinion 2% No Answer Hispanic/Latino(a) (137) 56% Yes 29% No 13% No Opinion 2% No Answer Other (14) 72% Yes 14% No 14% No Opinion 0% No Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (174) 75% Yes 15% No 8% No Opinion 2% No Answer Other (9) 78% Yes 22% No 0% No Opinion 0% No Answer 13 - 17 (14) 43% Yes 57% No 0% No Opinion 0% No Answer 45.64(65) 77% Yes 15% No 6% No Opinion 2% No Answer Spanish (67) 49% Yes 39% No 10% No Opinion 2% No Answer No Language Given (14) 86% Yes 7% No 7% No Opinion 0% No Answer BY AGE RANGE Tagalog (11) 73% Yes 18% No 9% No Opinion 0% No Answer 18 - 24 (34) 25.34 (60) 35 - 44 (49) 41% Yes 66% Yes 75% Yes 38% No 18% No 20% No 21% No Opinion 15% No Opinion 0% No Opinion 0% No Answer 2% No Answer 5% No Answer 65+ (50) 84% Yes 10% No 4% No Opinion 2% No Answer No Age Given (3) 100% Yes 0% No 0% No Opinion 0% No Answer BY HOUSEHOLD INCOME Under $15,000 (34) 58% Yes 35% No 8% No Opinion 3% No Answer $20,000 — 34,999 (55) 56% Yes 29% No 13% No Opinion 2% No Answer $50,000 + (81) 84% Yes 10% Na 6% No Opinion 0% No Answer $15,000-19,999 (30) 60% Yes 27% No 13% No Opinion 0% No Answer $35,000 — 49,999 (51) 72% Yes 22% No 4% No Opinion 2% No Answer No Income Given (24) 76% Yes 8% No 8% No Opinion 8% No Answer 3. I (or a member of my household) have experienced or witnessed unfair treatment by a National City police officer. Yes (80) Males (118) 26% Yes 72% No 2% No Opinion 0% No Answer African -American (15) 47% Yes 53% No 0% No Opinion 0% No Answer Pacific Islander (15) 13% Yes 80% No 7% No Opinion 0% No Answer No Ethnicity Given 25% Yes 75% No 0% No Opinion 0% No Answer (8) Yes 29% No Opinion 1% No 70% ALL RESPONDENTS (275) No (191) No Opinion BY GENDER Females (142) 32% Yes 68% No 2% No Opinion 0% No Answer BY ETHNICITY Asian (17) 18% Yes 76% No 6% No Opinion 0% No Answer White (69) 18% Yes 84% No 0% No Opinion 0% No Answer (4) No Gender Given (15) 20% Yes 80% No 0% No Opinion 0% No Answer Hispanic /Lattno(a) (137) 38% Yes 61% No 1% No Opinion 0% No Answer Other (14) 21% Yes 79% No 0% No Opinion 0% No Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (174) 23% Yes 76% No 0% No Opinion 0% No Answer Other (9) 33% Yes 67% No 0% No Opinion 0% No Answer Spanish (67) 51% Yes 48% No 1% No Opinion 0% No Answer,. No Language Given (14) 7% Yes 93% No 0% No Opinion 0% No Answer Tagalog (11) 18% Yes 84% No 18% No Opinion 0% No Answer BY AGE RANGE 13. 17 (14) 18.24 (34) 25.34 (60) 35 - 44 (49) 57% Yes 47% Yes 30% Yes 24% Yes 43% No 47% No 70% No 78% No 0% No Opinion 6% No Opinion 0% No Opinion 0% No Opinion 0% No Answer 0% No Answer 0% No Answer 0% No Answer 45 - 64 (65) 25% Yes 74% No 1% No Opinion 0% No Answer 65+ (50) 18% Yes 80% No 2% No Opinion 0% No Answer BY HOUSEHOLD INCOME Under $15,000 (34) 53% Yes 44% No 3% No Opinion 0% No Answer $20, 000 - 34,999 (55) 29% Yes 67% No 4% No Opinion 0% No Answer $50, 000 + (81) 10% Yes 89% No 1% No Opinion 0% No Answer No Age Given (3) 33% Yes 67% No 0% No Opinion 0% No Answer $15,000— 19,999 (30) 47% Yes 53% No 0% No Opinion 0% No Answer $35,000 - 49,999 (51) 39% Yes 81% No 0% No Opinion 0% No Answer No Income Given (24) 17% Yes 83% No 0% No Opinion 0% No Answer 4. I (or a member of my household) have been a victim of a crime during the past year. Yes (70) Males (118) 32% Yes 88% No 0% No Opinion 0% No Answer African -American (15) 53% Yes 47% No 0% No Opinion 0% No Answer Pacific islander (15) 53% Yes 47% No 0% No Opinion 0% No Answer No Ethnicity Given (8) 13% Yes 87% No 0% No Opinion 0% No Answer Yes 25% No Opinion 0% No 75% ALL RESPONDENTS (275) No (204) BY GENDER Females (142) 22% Yes 77% No 1% No Opinion 0% No Answer BY ETHNICITY Asian (17) 24% Yes 76% No 0% No Opinion 0% No Answer White (69) 13% Yes 86% No 1% No Opinion 0% No Answer No Opinion (1) No Gender Given (15) 7% Yes 93% No 0% No Opinion 0% No Answer Hispanic/Latino(a) (137) 38% Yes 74% No 0% No Opinion 0% No Answer Other (14) 7% Yes 93% No 0% No Opinion 0% No Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (174) 19% Yes 80% No 1% No Opinion 0% No Answer Other (9) 0% Yes 100% No 0% No Opinion 0% No Answer Spanish (67) 43% Yes 57% No 0% No Opinion 0% No Answer No Language Given (14) 14% Yes 86% No 0% No Opinion 0% No Answer Tagalog (11) 45% Yes 55% No 0% No Opinion 0% No Answer BY AGE RANGE 13 - 17 (14) 18 - 24 (34) 25 - 34 (60) 35 - 44 (49) 50% Yes 26% Yes 22% Yes 39% Yes 50% No 74% No 78% No 59% No 0% No Opinion 0% No Opinion 0% No Opinion 2% No Opinion 0% No Answer 0% No Answer 0% No Answer 0% No Answer 45 - 64 (65) 20% Yes 80% No 0% No Opinion 0% No Answer 65+ (50) 14% Yes 86% No 0% No Opinion 0% No Answer No Age Given (3) 87% Yes 33% No 0% No Opinion 0% No Answer BY HOUSEHOLD INCOME Under$15,000 (34) $15,000- 19,999 (30) 29% Yes 33% Yes 71% No 67% No 0% No Opinion 0% No Opinion 0% No Answer 0% No Answer $20, 000 - 34,999 (55) $35,000 - 49,999 (51) 27% Yes 24% Yes 71% No 76% No 2% No Opinion 0% No Opinion 0% No Answer 0% No Answer $50,000 + (81) No Income Given (24) 25% Yes 13% Yes 75% No 87% No 0% No Opinion 0% No Opinion 0% No Answer 0% No Answer 5. Although not engaged in any criminal activity, I avoid BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD certain areas of National City because of police presence. Yes (62) Males (118) 24% Yes 74% No 2% No Opinion 0% No Answer African -American (15) 27% Yes 73% No 0% No Opinion 0% No Answer Pacific Islander (15) 13% Yes 87% No 0% No Opinion 0% No Answer No Ethnicity Given (8) 13%Yes 87% No 0% No Opinion 0% No Answer No 74% Yes 23% No Opinion 3% ALL RESPONDENTS (275) No (204) No Opinion (7) BY GENDER Females (142) 21% Yes 77% No 2% No Opinion 0% No Answer BY ETHNICITY Asian (17) 18% Yes 76% No 6% No Opinion 0% No Answer White (69) 19% Yes 80% No 1% No Opinion 0% No Answer 9 No Answer (2) No Gender Given (15) 27% Yea 60% No 13% No Opinion 0% No Answer Hispanic/Latino(a) (137) 26% Yes 69% No 4% No Opinion 1% No Answer Other (14) 21% Yes 72% No 0% Opinion 7% No Answer English (174) 20% Yes 77% No 2% No Opinion 1% No Answer Other (9) 33% Yes 67% No 0% No Opinion 0% No Answer Spanish (67) 31% Yes 67% No 2% No Opinion 0% No Answer No Language Given (14) 7% Yes 71% No 15% No Opinion 7% No Answer Tagalog (11) 18% Yes 82% No 0% No Opinion 0% No Answer BY AGE RANGE 13 - 17 (14) 18 - 24 (34) 25 - 34 (60) 35 - 44 (49) 36% Yes 44% Yes 23% Yes 22% Yes 84% No 56% No 77% No 65% No 0% No Opinion 0% No Opinion 0% No Opinion 8% No Opinion 0% No Answer 0% No Answer 0% No Answer 5% No Answer 45 - 64 (65) 14% Yes 85% No 1% No Opinion 0% No Answer 65+ (50) 14% Yes 82% No 4% No Opinion 0% No Answer BY HOUSEHOLD INCOME Under $15,000 (34) 26% Yes 68% No 6% No Opinion 0% No Answer No Age Given (3) 33% Yes 67% No 0% No Opinion 0% No Answer $15,000- 19,999 (30) 23% Yes 77% No 0% No Opinion 0% No Answer $20,000 - 34,999 (55) $35, 000 - 49,999 (51) 38% Yes 18% Yes 56% No 80% No 5% No Opinion 0% No Opinion 1% No Answer 2% No Answer $50,000 + (81) 12% Yes 86% No 2% No Opinion 0% No Answer 10 No Income Given (24) 25% Yes 71% No 4% No Opinion 0% No Answer 6. I acknowledge the police for helpful and courteous service. BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD Yes (166) Males (118) 66% Yes 25% No 10% No Opinion 0% No Answer African -American (15) 46% Yes 40% No 7% No Opinion 7% No Answer Pacific islander (15) 67% Yes 26% No 7% No Opinion 0% No Answer No Ethnicity Given (8) 38% Yes 38% No 12% No Opinion 12% No Answer Yes 60% No No Opini _ 27% 12% No Answer 1% ALL RESPONDENTS (275) No (74) No Opinion (33) BY GENDER Females (142) 56% Yes 31% No 12% No Opinion 1% No Answer BY ETHNICITY Asian (17) 76% Yes 18% No 6% No Opinion 0% No Answer White (69) 86% Yes 12% No 2% No Opinion 0% No Answer 11 No Answer (2) No Gender Given (15) 60% Yes 7% No 26% No Opinion 7% No Answer Hispanic /Latlno(a) (137) 47% Yes 35% No 18% No Opinion 0% No Answer Other (14) 65% Yes 14% No 21% No Opinion 0% No Answer English (174) 70% Yes 20% No 9% No Opinion 1% No Answer Other (9) 67% Yes 22% No 11% No Opinion 0% No Answer 13 - 17. (14) 21% Yes 71% No 8% No Opinion 0% No Answer 45- 64 (65) 63% Yes 26% No 9% No Opinion 2% No Answer Spanish (67) 30% Yes 48% No 22% No Opinion 0% No Answer No Language Given (14) 72% Yes 7% No 14% No Opinion 7% No Answer Tagalog (11) 55% Yes 45% No 0% No Opinion 0% No Answer BY AGE RANGE 18 - 24 (34) 25 - 34 (60) 35 - 44 (49) 59% Yes 50% Yes 73% Yes 29% No 30% No 20% No 12% No Opinion 20% No Opinion 7% No Opinion 0% No Answer 0% No Answer 0% No Answer 65+ (50) 70% Yes 16% No 12% No Opinion 2% No Answer BY HOUSEHOLD INCOME Under$15,000 (34) 41% Yes 50% No 9% No Opinion 0% No Answer $20,000- 34,999 (55) 46% Yes 38% No 16% No Opinion 0% No Answer $50,000+ (81) 74% Yes 16% No 10% No Opinion 0% No Answer 12 No Age Given (3) 33.3% Yes 33.3% No 33.3% No Opinion 0% No Answer $15,000-19,999 (30) 57% Yes 27% No 16% No Opinion 0% No Answer $35, 000 - 49,999 (51) 61% Yes 25% No 14% No Opinion 0% No Answer No Income Given (24) 80% Yes 8% No 4% No Opinion 8% No Answer. 7, My neighborhood has an anti-crime/neighborhood watch BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD program. Yes (93) Males (118) 80% Yes 47% No 12% No Opinion 1% No Answer African -American (15) 40% Yes 40% No 13% No Opinion 7% No Answer Pacific Islander (15) 40% Yes 47% No 13% No Opinion 0% No Answer No Ethnicity Given (8) 25% Yes 50% No 25% No Opinion 0% No Answer Yes 34% No Oplon 14% No 51% Answer 1% ALL RESPONDENTS (275) No (140) No Opinion (39) BY GENDER Females (142) 29% Yes 56% No 14% No Opinion 1% No Answer BY ETHNICITY Asian (17) 35% Yes 35% No 30% No Opinion 0% No Answer White (69) 52% Yes 33% No 13% No Opinion 2% No Answer 13 No Answer (3) No Gender Given (15) 33% Yes 33% No 27% No Opinion 7% No Answer Hispanic/Latino(a) (137) 23% Yes _ 63% No 13% No Opinion 1% No Answer Other (14) 43% Yes 50% No 7% No Opinion 0% No Answer English (174) 40% Yes 44% No 14% No Opinion 2% No Answer Other (9) 56% Yes 33% No 11% No Opinion 0% No Answer Spanish (67) 13% Yes 74% No 13% No Opinion 0% No Answer No Language Given (14) 36% Yes 50% No 14% No Opinion 0% No Answer Tagalog (11) 37% Yes 45% No 18% No Opinion 0% No Answer BY AGE'RANGE 13 - 17 (14) 18 - 24 (34) 25 - 34 (60) 35 - 44 (49) 14% Yes 29% Yes 35% Yes 41% Yes 79% No 58% No 65% No 39% No 7% No Opinion 15% No Opinion 0% No Opinion 20% No Opinion 0% No Answer 0% No Answer 0% No Answer 0% No Answer 45- 64 (65) 38% Yes 48% No 13% No Opinion 0% No Answer 65+ (50) 34% Yes 52% No 8% No Opinion 6% No Answer No Age Given (3) 87% Yes 33% No 0% No Opinion 0% No Answer BY HOUSEHOLD INCOME Under $15,000 (34) 12% Yes 88% No 0% No Opinion 0% No Answer $20,000 — 34,999 (55) 42% Yes 45% No 13% No Opinion 0% No Answer $50,000 + (81) 35% Yes 48% No 15% No Opinion 2% No Answer 14 $15,000- 19,999 (30) 20% Yes 57% No 23% No Opinion 0% No Answer $35, 000 - 49,999 (51) 39% Yes 47% No 14% No Opinion 0% No Answer No Income Given (24) 60% Yes 21% No 25% No Opinion 4% No Answer 8. I am comfortableliceDepartment.BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD making a complaint against the National English (174) Spanish (67) Tagalog (11) City Police 67% Yes 42% Yes 36% Yes 20% No 43% No 46% No 23% No Opinion 15% No Opinion 9% No Opinion 0% No Answer 0% No Answer 9% No Answer Yes (163) Males (118) 65% Yes 19% No 15% No Opinion 1% No Answer African -American (15) 87% Yes 27% No 6% No Opinion 0% No Answer Pacific Islander (15) 47% Yes 33% No 20% No Opinion 0% No Answer No Ethnicity Given (8) 24% Yes 50% No 13% No Opinion 13% No Answer Yes 59% No No Opin 26% 14% No Answer 1% ALL RESPONDENTS (275) No (71) No Opinion (39) BY GENDER Females (142) 55% Yes 31% No 13% No Opinion 1% No Answer BY ETHNICITY Asian (17) 70% Yes 24% No 0% No Opinion 6% No Answer White (69) 72% Yes 14% No 14% No Opinion 0% No Answer 15 No Answer (2) No Gender Given (15) 46% Yes 27% No 27% No Opinion 0% No Answer Hispanic /Latlno(a) (137) 53% Yes 32% No 15% No Opinion 0% No Answer Other (14) 71% Yes 0% No 29% No Opinion 0% No Answer Other (9) 89% Yes 11% No 0% No Opinion 0% No Answer No Language Given (14) 65% Yes 14% No 14% No Opinion 7% No Answer BY AGE RANGE 13 - 17 (14) 18 - 24 (34) 25 -34 (60) 35- 44 (49) 29% Yes 59% Yes 56% Yes 67% Yes 71% No 26% No 22% No 18% No 0% No Opinion 15% No Opinion 22% No Opinion 15% No Opinion 0% No Answer 0% No Answer 0% No Answer 0% No Answer 45 - 64 (65) 58% Yes 25% No 15% No Opinion 2% No Answer 65+ (50) 64% Yes 28% No 6% No Opinion 2% No Answer No Age Given (3) 87% Yes 34% No 0% No Opinion 0% No Answer BY HOUSEHOLD INCOME Under $15,000 (34) $15,000- 19,999 (30) 29% Yes 53% Yes 62% No 30% No 6% No Opinion 17% No Opinion 3% No Answer 0% No Answer $20,000- 34,999 (55) $35,000-49,999 (51) 60% Yes 73% Yes 31% No 16% No 9% No Opinion 11% No Opinion 0% No Answer 0% No Answer $50,000 + (81) No Income Given (24) 64% Yes 63% Yes 14% No 20% No 22% No Opinion 13% No Opinion 0% No Answer 4% No Answer 16 9. I know whom to contact if I want to make a complaint against a National City Police officer. Yes (144) Males (118) 58% Yes 36% No 6% No Opinion 0% No Answer African -American (15) 47% Yes 47% No 6% No Opinion 0% No Answer Pacific Islander (15) 40% Yes 47% No 13% No Opinion 0% No Answer No Ethnicity Given (8) 38% Yes 60% No 0% No Opinion 12% No Answer No Opinion 4% No 44% ALL RESPONDENTS (275) No (120) No Opinion (10) BY GENDER Females (142) 47% Yes 50% No 2% No Opinion 1% No Answer BY ETHNICITY Asian (17) 59% Yes 35% No 6% No Opinion 0% No Answer White (69) 74% Yes 26% No 0% No Opinion 0% No Answer 17 No Answer (1) No Gender Given (15) 53% Yes 47% No 0% No Opinion 0% No Answer Hispanic/Latino(a) (137) 42% Yes 54% No 4% No Opinion 0% No Answer Other (14) 64% Yes 29% No 7% No Opinion 0% No Answer BY PRIMARY LANGUAGE SPOKEN IN HOUSEHOLD English (174) 58% Yes 38% No 4% No Opinion 0% No Answer Other (9) 89% Yes 11% No 0% No Opinion 0% No Answer Spanish (67) 33% Yes 63% No 4% No Opinion 0% No Answer No Language Given (14) 64% Yes 29% No 0% No Opinion 7% No Answer. Tagalog (11) 35% Yes 64% No 0% No Opinion 0% No Answer BY AGE RANGE 13 - 17 (14) 18 - 24 (34) 25.34 (60) 35 - 44 (49) 14% Yes 32% Yes 46% Yes 67% Yes 79% No 68% No 52% No 33% No 7% No Opinion 0% No Opinion 3% No Opinion 0% No Opinion 0% No Answer 0% No Answer 0% No Answer 0% No Answer 45 - 64 (65) 80% Yes 31% No 8% No Opinion 1% No Answer 65+ (50) 64% Yes 34% No 2% No Opinion 0% No Answer No Age Given (3) 67% Yes 33% No 0% No Opinion 0% No Answer BY HOUSEHOLD INCOME Under $15,000 (34) 21% Yes 79% No 0% No Opinion 0% No Answer $20,000 - 34,999 (55) 49% Yes 45% No 6% No Opinion 0% No Answer $50,000 + (81) 70% Yes 23% No 7% No Opinion 0% No Answer 18 $15,000— 19,999 (30) 23% Yes 74% No 3% No Opinion 0% No Answer $35, 000 - 49,999 (51) 63% Yes 37% No 0% No Opinion 0% No Answer No Income Given (24) 63% Yes 33% No 0% No Opinion 4% No Answer MEETING DATE City of National City, California C UNCIL AGEN A STATE ENT July 16, 2002 AGENDA ITEM NO. 1 ITE TITLE RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (P.E.R.S.) AND THE CITY COUNCIL OF NATIONAL CITY PREPARED y Roger C. DeFratis EXPLANATION.Personnel DEPARTMENT Personnel The Memorandum of Understanding with the Municipal Employees' Association (MEA) that was approved by the City Council on June 18, 2002 provides that the City will amend its retirement plan for miscellaneous members to include the 3% © 60 formula. P.E.R.S. requires a resolution of intention be adopted as the first procedural step in the amendment process. Step 2 of the process is to adopt an ordinance to that effect. Ernironrnental Review N/A Financial Statement The cost of this amendment was included in the cost cited for adoption of the MOU for the MEA. Account No STAFF RECOMMENDATION Recommend approval of the proposed Resolution. BOARD/COMMISSION RECOMMENDATION N/A C MENTS (Listed Below) 1. Resolution of Intention 2002-99 Resolution No. A-200 (Rev. 9/80) RESOLUTION NO. 2002 — 99 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF NATIONAL CITY WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the executiont of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments of said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21354.3 (3% @ 60 Full formula) for miscellaneous employees only. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby give notice of intention to approve an amendment to the contract between the City of National City and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED and ADOPTED this 16th day of July, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Cal PERS California Public Employees' Retirement System EXHIBIT AMENDMENT T CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of National City The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996 and July 9, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective July 9, 2002, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. PLEASE DO NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). [Note that future legislative proposals are being considered. One proposal could amend the 3% at 60 benefit formula under Government Code Section 21354.3 to coincide with the 2.7% at 55 benefit formula under Section 21354.5 between the ages of 50 and 55. Another proposal being considered could amend Government Code Section 21354.3 to make the 3% @ 60 formula applicable to both active and inactive members who have not yet retired. If enacted, this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years.] 7 The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). PLEASE DO NOT SIGN "EXHIBIT ONLY" 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. d. e. f. 9. h. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). Section 21573 (Third Level of 1959 Survivor Benefits). Section 20965 (Credit for Unused Sick Leave). Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. Section 20042 (One -Year Final Compensation). Section 20903 (Two Years Additional Service Credit). 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subiool to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to 'which said contributions refer or as may be prescribed by Board regulation. If more or less thanthe correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustmentsi4i account of errors in contributions required of any employee may be ma Board. B. This amendment shall be Yffeective on the BOARD OF ADMINIST' PUBLIC EMPLOYEES' ' • ' REMENT SYSTEM BY KENNETH W. ACTUARIAL PUBLIC E� Q � ION, CHIEF direct payments between the employe and the CITY COUNCIL GG �- CITY OF NATI L'CITY day of PRESG OFFICER PLOYER SERVICES DIVISION ' YEES' RETIREMENT SYSTEM Cov Witness Date Attest: Clerk AMENDMENT PERS-CON-702A (Rev. 8\96) California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council of City of National City The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed. May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, November 15, 1991, December 27, 1991, June 11, 1993 and May 2, 1996 which provides for participation of Public Agency in said system, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective May 2, 1996, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: EXHIBIT "A" PAGE 1 NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The percentage of final compensation to be provided for each year of credited prior and current service, as a local miscellaneous member shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service, as a local police member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full) 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase — 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20965 (Credit for Unused Sick Leave) f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members and Local Safety Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. g• Section 20042 (One -Year Final Compensation). h. Section 20903 (Two Years Additional Service Credit). 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations or prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. EXHIBIT "A" PAGE 2 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered members on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it - affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustments shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF NATIONAL CITY BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY CITY MANAGER Witness Attest: Date City Clerk EXHIBIT "A" PAGE 3 City of National City, California COUNCIL AGENDA STATEMENT ,FETING DATE July 16, 2002 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO NEW CENTURY CONSTRUCTION, INC. FOR THE KIMBALL PARK PONY LEAGUE BALLFIELD IMPROVEMENTS, SPECIFICATION NO. 01-4 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION On June 25, 2002, three bids were received and opened for the Kimball Park Pony League Ballfield Improvements, Specification No. 01-4. The project includes removal of portions of the existing irrigation system, cutting and salvaging existing turf for reuse, soil preparation and finish grading for new turf areas, installation of new irrigation system, new sod installation, installation of homeplate, bases and pitchers rubber, and restoration of all other facilities impacted by these improvements including pavement. Staff has reviewed all the proposals and found the lowest responsive bidder, New Century Construction, Inc., qualified to perform the work. The total cost of the project is estimated to be $88,000.00. CEnvironmental Review X N/A Financial Statement The total cost of the project Approved Bin // // ►^ • is estimated to be $88,000.00. Funding is available through Account Number �49 %•a>r �K . 12, Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Bid Opening Spreadsheet Bid Opening Sheet Resolution No. 2002-100 A-200 (9/99) 01-4 RESOLUTION NO. 2002 — 100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO NEW CENTURY CONSTRUCTION, INC. FOR THE KIMBALL PARK PONY LEAGUE BALLFIELD IMPROVEMENTS (SPEC. NO. 01-4) WHERE&S, the Engineering Department of the City of National City did, in open session on June 25, 2002, publicly open, examine and declare all sealed bids for the Kimball Park Pony League Bailfield Improvements, Specification No. 01-4. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Kimball Park Pony League Ballfield Improvements to the lowest responsive, responsible bidder, to wit: NEW CENTURY CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of' the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between New Century Construction, Inc. and the City of National City for the Kimball Park Pony League Ballfield Improvements. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 1e day of July, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: sr George H. Eiser, III City Attorney George H. Waters, Mayor Bid Opening Date Kimball Park Pony League Ballfield Improvements, Specification No. 01-4 June 25TH, 2002 NAME NEW CENTURY CONST. 3-D ENTERPRISES INC. HTA ENGINEERING RANK 1 2 3 No. Item Qnty Unit Unit Price Amount Unit Price Amount Unit Price Amount 1 Mobilization 1 LS $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 2,000.00 $ 2,000.00 2 Clearing and Grubbing 1 LS $ 6,000.00 $ 6,000.00 $ 12,000.00 $ 12,000.00 $ 6,000.00 $ 6,000.00 3 Grading and Excavation 110 CY $ 55.00 $ 6,050.00 $ 10.00 $ 1,100.00 $ 50.00 $ 5,500.00 4 Install Class "A" Import Soil 400 CY $ 35.00 $ 14,000.00 $ 30.00 $ 12,000.00 $ 35.00 $ 14,000.00 5 Install Red Infield Soil 235 CY $ 50.00 $ 11,750.00 $ 60.00 $ 14,100.00 $ 90.00 $ 21,150.00 6 Install Pitchers Mound Clay 10 CY $ 75.00 $ 750.00 $ 60.00 $ 600.00 $ 120.00 $ 1,200.00 7 Install Warning Track Soil 54 CY $ 35.00 $ 1,890.00 $ 60.00 $ 3,240.00 $ 100.00 $ 5,400.00 8 Install New Foul Line Pole and Footing 2 EA $ 1,500.00 $ 3,000.00 $ 2,000.00 $ 4,000.00 $ 1,200.00 $ 2,400.00 9 Install Homeplate, Bases and Pitchers 1 LS $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 10 Install New Irrigation System 1 LS $ 16,000.00 $ 16,000.00 $ 19,000.00 $ 19,000.00 $ 25,000.00 $ 25,000.00 11 Install New Sod 22,700 SF $ 0.80 $ 18,160.00 $ 0.90 $ 20,430.00 $ 0.45 $ 10,215.00 12 Replace Outfield Trench Turf Areas 3,400 SF $ 1.00 $ 3,400.00 $ 1.00 $ 3,400.00 $ 1.50 $ 5,100.00 13 30-Day Maintenance 1 LS $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 TOTAL BID $ 88,000.00 $ 97,870.00 $ 99,965.00 1 BID OPENING SPECIFICATION NUMBER: 01-4 PROJECT TITLE: KIMBALL PARK PONY LEAGUE BAL.LFIELD IMPROVEMENTS OPENING DATE: TUESDAY, JUNE 25, 2002 TIME: 10:00 A.M.. ESTIMATE: BASE BID $84,281.00 AND ADDITIVE BID $36,432.50 PROJECT ENGINEER: MICHAEL LONG NO. BIDDER'S NAME (PAGE 13 OR 14) BID AMOUNT (PAGE 15 ) ADDENDA (PAGE 13) BID SECURITY (PAGE 17-CHECK PAGE 18 BOND) 1. New Century Construction 3506 Marlesta Drive San Diego, CA 92111 $88,00.00 YES YES 2. 3-D Entrerprises, Inc. 2180 Garnett Avenue, Suite #1A San Diego, CA 92109 $97,870.00 YES YES 3. HTA Engineering & Construction 10242 Challenge Boulevard La Mesa, CA 91941 $99,965.00 YES YES 4. 5. BED 01-4 a IEETING DATE July 16, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO, 3 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO HMS CONSTRUCTION, INC. FOR THE TRAFFIC SIGNAL INTERCONNECT PROJECT ON 30TH STREET/EUCLID AVENUE, SPECIFICATION NO. 99-14 PREPARED BY Din Daneshfar EXPLANATION CEnvironmental Review DEPARTMENT Public Works/Engineering See attached explanation. X N/A Financial Statement The funds are available in Account No. 313-409-500-598-6543. S0$, 33(-f,tO Approved By Fin-.nce Director 01C-- 4 bso7' Account No. STAFF RECOMMENDATION Adopt the Resolution. / p,' BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below ) 1. Keso utton 2. Bib Opening Information Sheets Resolution No. 2002-101 3. Bid Proposal Spreadsheet for the three lowest bidders A-200 (9i99) RE: RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO HMS CONSTRUCTION, INC. FOR THE TRAFFIC SIGNAL INTERCONNECT PROJECT ON 30Th STREET/EUCLID AVENUE, SPECIFICATION NO. 99-14 On July 8, 2002, eleven bids were received and opened for the Traffic Signal Interconnect Project on 30th Street/Euclid Avenue, Specification No. 99-14. The project connects the traffic signals on 30th Street from National City Boulevard to Euclid Avenuf, and on Euclid Avenue from 30`h Street to the North City Limits. The new system will be tied into the existing system that connects the signals on National City Boulevard and Plaza Boulevard. The project consists of installation of 20,000 linear feet of 2-inch PVC Conduit, 20,000 linear feet of 36-fiber Optic Cable, 900 linear feet of 6-fiber Optic, No. 6 Pull Boxes (47), Splice Vaults (2), Fiber Optic Modems (13) with C-2 Cables and Connectors, Fiber Optic Modem (Rack Mounted) (6), Splice Closures (14), Traffic Control, Storm Water Pollution Prevention Control and other related work in accordance with the construction Specifications and Drawings. The general purpose of this work is to install the hardware necessary to coordinate the traffic signals on 30th Street and Euclid Avenue. Traffic flow on these Streets will be improved as the result of this project. All traffic signals within National City will eventually be interconnected and connected to the City Hall. This is the second phase of a multiphase project. Staff has reviewed the bid documents and found the lowest responsive bidder, HMS Construction Inc. qualified to perform the work. The total cost for the work is estimated at $508,334.00. This amount includes the proposed lowest bid amount ($376,334.00), approximately 20% ($75,000.00) for inspection, approximately 5% ($19,000.00) for material testing services, and approximately 10% ($38,000.00) for contingencies. Funding is available for the project through a CMAQ Grant that was awarded to the City. The project is currently budgeted. The Bid Opening Information Sheets are attached for further review. RESOLUTION NO. 2002 — 101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HMS CONSTRUCTION, INC. FOR THE TRAFFIC SIGNAL INTERCONNECT PROJECT ON 30TH STREET/EUCLID AVENUE (SPEC. NO. 99-14) WHEREAS, the Engineering Department of the City of National City did, in open session on July 8, 2002, publicly open, examine and declare all sealed bids for the Traffic Signal Interconnect Project on 30th Street/Euclid Avenue, Specification No. 99-14. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Traffic Signal Interconnect Project on 30'` Street/Euclid Avenue to the lowest responsive, responsible bidder, to wit: HMS CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between HMS Construction, Inc. and the City of National City for the Traffic Signal Interconnect Project on 30th Street/Euclid Avenue. Said contract is on file in the office of the City Clerk. PASSED and ADOP 1'k.D this 16th day of July, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID OPENING SPECIFICATION NUMBER: 99-14 PROJECT TITLE: TRAFFIC SIGNAL INTERCONNECT 30TH STREET/EUCL,ID AVENUE OPENING DATE: MONDAY, JULY 8, 2002 TIME: 3:00 P.M. ESTIMATE: $550,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME (PAGE 13 OR 14) BID AMOUNT (PAGE 15 ) ADDENDA (PAGE 13) BID SECURITY ((PAGE 28-CHECK PAGE29 BOND) 1. HMS Construction, Inc. 1225 Linda Vista Drive San Marcos, CA 92069 $376,334.00 YES YES 2. Sim J. Communications, Inc. 9233 Harris Plant Road San Diego, CA 92145 $399,000.00 YES YES 3. DBX, Inc. 42066 Avenida Alvarado, Ste. C Temecula, CA 92590 $421,600.00 YES YES 4. HCI, Inc. 3166 Horseless Carriage Drive P.O. Box 638 Norco, CA 92860 $456,573.00 YES YES 5. T&M Electric 9201 Isaac Street, Ste. B Santee, CA 92071 $462,300.00 YES YES 6. Manuel Brothers, Inc. 908 Taylorville Road, #104 Grass Valley, CA 95949 $477,200.00 YES YES 7. J. Fletcher Creamer & Son 12874 San Fernando? Road Sylmar, CA 91342 I $544,325.00 YES YES PAGE 1 OF 2 NO. BIDDER'S NAME (PAGE 13 OR 14) BID AMOUNT (PAGE 15 ) ADDENDA (PAGE 13) BID SECURITY (PAAGE 28-CHECK BOND) 8. LEI L LAMBCO Engineering 1170 E. Fruit Street Santa Ana, CA 92701 $553,851.00 YES YES 9. Fishel Company 666 Airport Road Ocenside, CA 92020 $564,110.82 YES YES 10. Irish Construction 105 S. Twin Oaks Valley Road $640,328.00 YES YES San Marcos, CA 92078 11. Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92050 $645,350.00 YES YES RID 99-14 PAGE 2 OF 2 NAME OF BIDDER BID CHECK LIST -- - SPECIFICATION NO. 99-14 TRAFFIC SIGNAL INTERCONNECT ON 30TH STREET & EUCLID AVENUE _ DATE: MONDAY, JULY 8, 2002 1 1 TIME:3:00 P.M. � - a B1 D PROPOSAL S- HMS CONSTRUCTION. INC. SIM J COMMUNICATIONS. INC. pBX. INCORPORATED NO. ITEM Q QUANTITY UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT _ ___ PRICE P PRICE PRICE 1 ELECTRICAL CONDUIT (2" PVC) 20,000 LF $ 9.59 $ 191,800.00 $ 12.42 $ 248,400.00 $ 13.00 $ 260,000.00 _ 2 PULL BOX ( NO. 6) 42 EA $ 450.00 $ 18,900.00 $ 451.00 $ 18,942.00 $ 500.00 $ 21,000.00- 3 REPLACE EXIST PULL BOX 5 EA $ 450.00 $ 2,250.00 $ 878.00 $ 4,390.00 $ 500.00 $ 2,500.00 WITH NEW (NO.6) _._ ----- 4 5 SPLICE VAULT 2 EA $ 1,463.00 $ 2,926.00 $ 3,260.00 $ _• 6,520.00 $ 900.00 $ 1,800.00 FIBER OPTIC CABLE (36-FIBER, 20,000 LF $ 2.30 $ 46,000.00 F $ 1.84 $ 36,800.00 $ 3.00 $ 60,000.00 --- " SINGLE MODE) 6 FIBER OPTIC CABLE (6-FIBER, 900 LF $ 12.40 $ 11,160.00 I $ 16.67 $ 15,003.00 _ _ $ 10.00 $ 9,000.00 SINGLE MODE, W/FAN-OUT KIT) 7 FIBER OPTIC MODEM W/C-2 13 EA $ 1,737.00 $ 22,581.00 $ 1,693.00 $ 22,009.00 $ 1,500.00 $ 19,500.00 -. - -, _ -- CABLE AND CONNECTORS 8 FIBER OPTIC MODEM (RACK 6 EA $ 1,812.00 $ 10,872.00 $ 2,000.00 $ 12,000.00 $ 1,500.00 $ 9,000.00 MOUNTED) _ 9 SPLICE CLOSURE (IN Na 6 PULL 13 EA $ 706.00 $ 9,178.00 I $ 710.00 $ 9,230.00 $ 1,200.00 $ 15,600.00 BOX) (WITH FUSION SPLICES) - - - - 10 SPLICE CLOSURE (IN SPLICE 1 EA $ 3,024.00 $ 3,024.00 $ 1,000.00 $ 1,000.00 $ 3,000.00 $ 3,000.00 ._ _ _ _- VAULT) (WITH FUSION SPLICES) - 11 L SPLICE TO EXISTING FIBER TO 1 LS $ 3,670.00 $ 3,670.00 $ 560.00 $ 560.00 $ 4,000.00 $ 4,000.00 CITY HALL 12 STORM WATER POLLUTION 1 LS $ 13,173.00 $ 13,1 3.00 $ 5,600.00 $ 5,600.00 $ 3,800.00 $ 3,800.00 PREVENTION CONTROL 13 CONSTRUCTION•TRAFFIC 1 LS $ 40,800.00 $ 40,800.00 $ 18,546.00 $ 18,546.00 $ 12,400.00 $ 12,400.00 CONTROL $376.334.00 $ $399.000.00 $421.600.00 TOTAL i i City of National City, California COUNCIL AGENDA STATEMENT ♦ Financial Statement EETING DATE July 16, 2002 AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION ACCEPTING THE CONVEYANCE, THE NAMING, AND AUTHORIZING THE RECORDATION OF THE EASEMENT DOCUMENT FOR STREET PURPOSES FOR A PARCEL OF LAND ON THE NORTHEAST CORNER OF 24TH STREET AND GROVE STREET PREPARED Y Adam J. Landa DEPARTMENT Engineering EXPLANATION San Diego County will be installating curbs and sidewalks on 24th Street between Grove Street and Prospect Street (the south half of 24th Street is in the County). They have attained the necessary right-of-way from Mr. and Mrs. Albert R. Castillo to install the improvements. The County is requesting that the City of National City process and accept the easement documents so that they could record it. San Diego County will be providing all necessary plans and construction at no cost to the City. They are receiving a grant to do the improvements. Environmental Review N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution S(�.( BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Easement Deed 3. Plat Resolution No. 2002-102 A-200 (9,99) n24(h RESOLUTION NO. 2002 — 102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE CONVEYANCE, AND AUTHORIZING THE RECORDATION OF THE EASEMENT DOCUMENT FOR STREET PURPOSES, AND AUTHORIZING THE NAMING OF A PARCEL OF LAND ON THE CORNER OF 24TH STREET AND GROVE STREET t BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest real estate to the City of National City: EASEMENT DEED dated June 28, 2002, from the Albert R. and Margaret Castillo, (A.P.N. 2002-0056-A). BE IT FURTHER RESOLVED as follows: 1. That Albert R. and Margaret Castillo have conveyed the real property described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for street purposes. 2. That the CITY OF NATIONAL CITY desires that said property be dedicated for street purposes. 3. That the described parcel of land in Exhibit "A" shall henceforth be known as a portion of 24th Street and Grove Street. PASSED and ADOPTED this 16th day of July, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney \ Pro ec tsW425 EO\RON.i Wed Mar 21 15: 04: 05 2001 U j chlri o w,c7-1 HOW ft V,' IIIIIHXa DWY I if :CO IC) DWY Pros. pe V-'9S 00 eZ OUG Grove Street A \ LEGAL DESCRIPTION FOR PARCEL NO. 2002-0056-A All that portion of Lot 12 in ' Block 2 of HOME CREST VILLAS, in the City of Nationaf City, County of San Diego, State of California, according to Map thereof No. 1148 on file in the Office of the County Recorder of said County, lying Southwesterly of the arc of a 20.00 foot radius curve that is tangent to both the Southerly and Westerly sidelines of said Lot 12. EXHIBIT "A" PAGE 2 RECORDING REQUESTED BY DEPARTMENT OF GENERAL SERVICES FOR THE BENEFIT OF THE CITY OF NATIONAL CITY PER GOVERNMENT CODE SECTION 27383 WHEN RECORDED, PLEASE RETURN THIS INSTRUMENT TO: (MAIL STATION A45) City Clerk City of National City 1243 National City Blvd. National City, California 91950 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY APN: 561-412-14 EASEMENT FOR STREET PURPOSES ALBERT R. CASTILLO and MARGARET CASTILLO Husband & wife do hereby grant, convey and dedicate to the CITY OF NATIONAL CITY, State of California, the right of way and incidents thereto for a public street upon, through, under, over and across that certain real property in the City of National City, County of San Diego, State of California, described as follows: Parcel No. 2002-0056-A (04/25/02) (WAR:PET:rlk) All that portion of Lot 12 in Block 2 of HOME CREST VILLAS, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1148 on file in the Office of the County Recorder of said County, lying Southwesterly of the arc of a 20.00 foot radius curve that is tangent to both the Southerly and Westerly sidelines of said Lot 12. R3376war.doG2002 Rev. 2/April 25, 2002 2002-0056-A The Grantors hereby further grant to the City of National City the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street. RESERVING unto the grantor of the above described parcel of land, their successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City of Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. The Grantors hereby further grant to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The Grantors, for themselves, their successors and assigns, hereby waive any claim for any and all damages to Grantors' remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said public street. Dated this lark } 11, alloy ALBERT R. CASTILLO ARG T CASTILLO day of fll , 2002. STATE OF CALIFORNIA SS COUNTY OF SAN DIEGO On before me, the undersigned, a Notary Public in and for said State, personally appeared Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 'I 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: FOR NOTARY SEAL OR STAMP R3376war.doc/2002 Rev. 2/April 25, 2002 2002-0056-A I certify on behalf of the City Council of the City of National City pursuant to authority conferred by Resolution of said Council adopted on that the City of National City consents to the making of the foregoing Right -of -Way Dedication and consents to recordation thereof by its duly authorized officer. Date: By: R3376war.doc/2002 Rev. 2/April 25, 2002 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS On _J,v cQ 28 2490 Z before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for said County and State/personally appeared Albert R. 4es7'i//0 AAA Pi rrr,.6 t CAs r`i /I D personally known to me/(or proved to me on the basis of satisfactory evidence) to be the person( whose name(a) .is/are subscribed to the within instrument and acknowledged to me that Olt/she/they) executed the same in (his,' her/their) authorized capacityQ0), and that by (hislher/their) signature( on the instrument the person(g, or the entity upon behalf of which the persons), acted, executed the instrument. WITNESS my hand and official seal. GREGORY J. SMITH, Assessor/Recorder/County Clerk By Kathleen Hider — Deputy City of National City, California COUNCIL AGENDA STATEMENT July 16, 2002 AEETING DATE AGENDA ITEM NO. 5 ITEM TITLE Resolution authorizing the Mayor to Execute the San Diego Port District Police and Fire Services Agreement. PREPAREQ,BY DEPARTMENT Anson Hunter t inance EXPLANATION The City las provided police and fire services to the San Diego Port District for many years. Beginning in the Fiscal Year 1991/92, an agreement was reachedexpanding the amount of reimbursement paid to the City by the Port District for these services. The current Reim- bursement agreement was for a period of three years and has now expired. A new agreement must now be approved if reimbursements are to continue. Current Fiscal Year reimbursement for these services will be $486,479 per fiscal year. The Amendment covers a term of three (3) years, from July 1, 2000 to, and including, June 30, 2003. Either party may cancel the agreement at the end of the fiscal year by providing a six (6) month notice prior to the end of the fiscal year. The parties may extend this agreement on a year-to-year basis up to three (3) additional years by amendment. If during the contract period the City's negotiated staffing level and/or costs change, City shall give the District written notice and furnish documentation. The resulting increase or decrease in cost will be taken into consideration when arriving at the annual consideration to be paid commencing with the next fiscal year. Environmental Review N/A Financial Statement Approved By: nce Direct.r Account No. STAFF RECOMMENDATION Approve the Resolution authorizing the Mayor to execute this Agreement to provide reimbursement for police and fire services delivered to the San Diego Port District. BOARD / COMMISSION RECOMMENDATION Not applicable ATTACHMENTS ( Listed Below ) 1. FY 2000-2003 3 Reimbursement Agreements Resolution No. 2002-103 A-200 (9: 99) RESOLUTION NO. 2002 — 103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE AND FIRE SERVICES WHEREAS, the San Diego Unified Port District ("the District") desires to contract for the provision of police and fire services to the non -ad valorem taxpaying properties located on the City's tidelands; and WHEREAS, the City has the capacity to provide police and fire services to said District properties; and WHEREAS, the District has an obligation to adhere to a principle of reimbursement for services actually performed on tideland trust property, wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the District; and WHEREAS, the District may authorize the disbursement of money for specified and approved categories of reimbursement to a City providing such services based upon a submittal of records kept in the normal course of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with the San Diego Unified Port District for police and fire services for 2000-2003. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 16a' day of July, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Municipal Services Agreement — Police & Fire Services, City of National City (5/6/2002) THREE-YEAR AGREEMENT FOR POLICE AND FIRE SERVICES The parties to this Agreement are the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "CITY," and the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "DISTRICT." RECITALS WHEREAS, the DISTRICT desires to contract for the provision of police and fire services to the non -ad valorem taxpaying properties located on the CITY's tidelands, and; WHEREAS, the CITY has the capacity to provide police and fire services to said DISTRICT properties, and; WHEREAS, the DISTRICT has an obligation to adhere to a principle of reimbursement for services provided to non -ad valorem tidelands wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the DISTRICT, and; WHEREAS, the DISTRICT may authorize the disbursement of money for specified and approved categories of reimbursement to the CITY providing such services are based upon records kept in the normal course of CITY business; NOW, THEREFORE, the parties agree: 1. SERVICES TO BE PROVIDED A. This Agreement covers reimbursement of the cost of police and fire protection services to be provided by the CITY upon the DISTRICT's filled tidelands and property within CITY'S limits which do not generate ad valorem tax revenues. Those properties include but are not limited to non - dedicated streets, parks and other open space, unleased developed properties, and unleased vacant land. Nothing herein contained shall give CITY the right to use or occupy any DISTRICT real or personal property, or to otherwise use the services of the DISTRICT or its employees. B. CITY shall provide police, fire and emergency medical services as contained in the Statement of Reimbursable Expenses of this Agreement, attached hereto as Attachment A and incorporated by reference as though fully set forth herein. Only expenditures authorized herein shall be eligible for reimbursement, unless approved in writing by the DISTRICT. C. For Police Services, the CITY shall provide services to the same extent and in the same manner as such member city actually provides or may be Page 1 of 7 #7642 Municipal Services Agreement — Police & Fire Services, City of National City (5/6/2002) required by law to provide to an ad valorem tax -generating property. DISTRICT and CITY shall, to the extent practicable, meet and confer as needed to discuss deployment of resources cooperatively in an effort to avoid duplication of services. D. For Fire and Emergency Medical Services, the CITY shall provide, to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax - generating property, responses to all calls for fire suppression services by the fire department; and responses to all calls for emergency medical services, to such extent as the county, state or federal government requires the CITY to provide. The parties agree that emergency medical services shall be limited to first responder services. E. The activities and services authorized for reimbursement shall only be those which have occurred and been rendered on or after July 1, 2000, and which are in furtherance of the San Diego Bay tideland trust for the accommodation of commerce, navigation, fisheries, and recreation on said trust tidelands for the benefit of all of the people of the State of California. 2. PERIOD This Agreement shall cover services rendered for the three-year period from July 1, 2000 to June 30, 2003; provided, however, either party may terminate this Agreement at the end of a fiscal year by giving the other party notice in writing six (6) months prior to the end of the fiscal year. The parties may extend this Agreement on a year-to-year basis up to three (3) additional years by amendment. 3. CONSIDERATION A. In consideration of the foregoing performance of services by the CITY, the DISTRICT shall pay to the CITY a sum not to exceed four hundred eighty thousand, seven hundred and ninety seven dollars ($486,479) per fiscal year. If during the contract period the CITY's negotiated staffing level and/or negotiated costs for police and fire department salaries and benefits change, CITY shall give the DISTRICT written notice and furnish documentation satisfactory to DISTRICT to substantiate the changes. The resulting increase or decrease in cost will be taken into consideration when arriving at the annual consideration to be paid commencing with the next fiscal year covered by this Agreement. B. Payments shall be made upon written request to the DISTRICT and may be submitted on a quarterly basis. DISTRICT agrees to reimburse the CITY within thirty (30) days of receipt of a properly prepared request for reimbursement. DISTRICT agrees to reimburse the CITY before the last Page 2 of 7 #7642 Municipal Services Agreement — Police & Fire Services, City of National City (5/6/2002) day of the fiscal year for the fourth quarterly payment provided the DISTRICT receives a properly prepared request for reimbursement at least thirty (30) days before the end of the fourth quarter. 4. TYPES OF REIMBURSABLE EXPENSES A. For Police Services, reimbursement shall be based on services provided, such as, responses to calls for service from persons other than CITY's sworn officers; calls for backup service; preventative patrol, which may include taking appropriate action on routine incidents encountered where no arrest occurred and/or no report was made (for example, routine vehicle impounds and traffic stops); opening and closure of parks and security patrol as requested in writing by the DISTRICT; calls by Harbor Police for CITY police assistance; activities of support staff such as investigating, supervising and dispatching; consumption of supplies; storing evidence; expenditures in terms of time, material and overhead in the case of calamities; a reasonable allocation of overhead; and other activities or events which call for the deployment of public safety officers. B. For Fire and Emergency Medical Services, reimbursement shall be based on a reasonable pro rata portion of the direct and overhead costs to operate the fire company which is the primary responder to tideland emergencies. 5. STATEMENTS OF ACTUAL EXPENSES Beginning with March, 2003 and every third year thereafter, CITY shall provide DISTRICT with a statement estimating DISTRICT reimbursements due for services to be provided to the DISTRICT during the next three fiscal years for purposes of reaching mutual agreement on a contract if applicable. Said statement shall be based on actual costs incurred in providing police, fire and emergency medical services during the previous fiscal year. The estimate for police services shall include but not be limited to the number of calls for service, investigations, reports, arrests, or other particulars on police actions actually performed. The estimates for police, fire and emergency medical services shall include, but not be limited to, direct labor and other operating costs, details of allocations of actual support staff costs or departmental overhead and general CITY overhead costs based upon reasonable and generally accepted accounting principles. The CITY shall ensure that all data used in said estimates is supported by an audit trail that readily traces to underlying authoritative source documents. 6. DISTRICT FIRE AND POLICE SERVICES The DISTRICT shall maintain its current level of police and fire services within the CITY tideland area, and reserves the right to augment those services in the Page 3 of 7 #7642 Municipal Services Agreement — Police & Fire Services, City of National City (5/6/2002) following fiscal year provided written notice is given at least six months prior to the end of the fiscal year. Such augmentation may result in a reduction in the future CITY services that otherwise might have been reimbursable under this Agreement. 7. RECORDS A. At the request of the DISTRICT, and upon reasonable notice, the CITY shall make available documentation supporting the request for reimbursement. Such documentation shall include but not be limited to time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls for service, dispatch records, and other periodic logs maintained by police and fire staff. The DISTRICT shall have the right to make copies or excerpts of pertinent documents. Proof of both incurrence and payment shall be kept on file by the CITY for review by the DISTRICT for a period of three (3) years after the last day of the fiscal year. B. No less often than quarterly, CITY agrees to forward to the DISTRICT copies of any periodic logs, calls for police service, or other reports describing incidents occurring on non -ad valorem tideland properties covered by this Agreement. Where available, exact street addresses should be listed in the logs and calls for service to assure that only actions on non -ad valorem properties are included. Monthly or quarterly statistical reports detailing the number and types of incidents on non -ad valorem tideland properties may be substituted. 8. ASSIGNMENT CITY shall not assign this Agreement or any right or interest hereunder without express prior written consent of DISTRICT, nor shall DISTRICT assign this Agreement or any right or interest hereunder without express prior written consent of CITY. 9. MISUSE OF DISTRICT REIMBURSEMENTS A. DISTRICT may withhold funds from CITY and terminate its entire obligation upon notice to CITY if the CITY violates any of the terms of the Agreement. CITY may terminate its entire obligation upon notice to the DISTRICT if the DISTRICT violates any of the terms of the Agreement. B. Should the DISTRICT and the CITY concur that any reimbursement by the DISTRICT to the CITY was overpaid contrary to the terms of this Agreement, CITY agrees to refund the overpayment to the DISTRICT within ninety (90) calendar days. Page 4 of 7 #7642 Municipal Services Agreement — Police & Fire Services, City of National City (5/6/2002) 10. ENTIRE AGREEMENT It is expressly understood and agreed that this Agreement constitutes the entire agreement between the CITY and the DISTRICT for police and fire services and in no event shall the CITY be entitled to any compensation, benefits, reimbursement or ancillary services other than as expressly provided in this Agreement. There are no other written or oral understandings between the parties. No modification or amendment to this Agreement shall be valid unless in writing and signed by the parties hereto. 11. HOLD HARMLESS A. CITY agrees to indemnify and hold the DISTRICT harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees of the DISTRICT, and shall defend, indemnify and hold harmless the DISTRICT, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the CITY or any of its officers or employees. B. DISTRICT agrees to indemnify and hold the CITY harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees of the CITY, and shall defend, indemnify and hold harmless the CITY, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the DISTRICT or any of its officers or employees. 12. INSURANCE A. Throughout the duration of this Agreement, the CITY shall maintain self- insurance or comprehensive general liability insurance covering bodily injury, personal injury and property damage arising out of the CITY's operations provided for by this Agreement. The CITY shall also maintain self-insurance or auto liability insurance covering bodily injury and property damage arising out of the CITY's operations provided for in this Agreement. At all such times as the CITY has in effect comprehensive general and auto liability insurance, the CITY's policies shall be endorsed to add the DISTRICT, its officers, officials and employees as additional insureds up to the full limits of coverage provided by all primary and excess liability policies. Additionally, the CITY's comprehensive general and auto liability insurance shall be primary for all purposes. Page 5of7 #7642 Municipal Services Agreement — Police & Fire Services, City of National City (5/6/2002) B. Prior to commencement of this Agreement, the CITY shall furnish to the DISTRICT a letter of self-insurance, or, certificates of insurance evidencing that all required policies are in full force and effect and providing at least thirty (30) days written notice be given to the DISTRICT prior to cancellation or reduction of any coverage. 13. ATTORNEY'S FEES In the event any suit is commenced to enforce, protect or establish any right or . remedy of any of the terms and conditions hereof, the prevailing party shall be entitled to have and recover from the losing party reasonable attomey's fees and costs of suit. 14. NO THIRD PARTY BENEFICIARIES This Agreement is made and entered into for the benefit of DISTRICT and CITY only, and it is not intended for the benefit of any third party or any other person, and no such third party or any other person shall be a third party beneficiary to this Agreement or otherwise have the right to enforce any provisions of this Agreement. 15. CONTRACT ADMINISTRATORS A. The Business & Financial Services Division of the District is designated as the DISTRICT's Contract Administrator of this Agreement and shall receive and process all reports and requests for payment. All correspondence shall be sent to the following address: San Diego Unified Port District Jeffrey B. McEntee, Senior Director, Business & Financial Services / Treasurer PO Box 120488 San Diego, California 92112-0488 B. The Contract Administrator for the CITY for this Agreement shall be as follows: Marylou Matienzo Finance Director City of National City 1243 National City Boulevard National City, California 91950 Page 6 of 7 #7642 Municipal Services Agreement — Police & Fire Services, City of National City (4/12/2002) DATED: 2002 APPROVED AS TO FORM AND LEGALITY: SAN DIEGO UNIFIED PORT DISTRICT: , 2002 , 2002 Date Date Port Attorney — PrPrinted Executive Director or Designee — Printed Cil.i • f.� .� Signature pQIQT ATTO E'r g DEPUTY Signature APPROVED AS TO FORM AND LEGALITY: CITY OF NATIONAL CITY: , 2002 , 2002 Date Date City Attorney — Printed Name — Printed Signature Title — Printed Signature Page 7 of 7 #7642 Municipal Services Agreement — Police & Fire Services, City of National City (4/12/2002) ATTACHMENT A STATEMENT OF REIMBURSABLE EXPENSES NATIONAL CITY POLICE AND FIRE SERVICES FISCAL YEARS 2000-01, 2001-02, 2002-03 TABLE OF CONTENTS Page No. Summary — Exhibits A & B, Estimated Value of Police and Fire/Medical Services 1 Exhibit A, Estimated Value of Fire/Medical Services 2 Exhibit A —1, Estimated Total Fire Department Costs per Fire Company 3 Exhibit A — 2, Actual Total Fire Department Costs 4 Exhibit B —1, Estimated Police Costs 5 Exhibit B — 2, Number of Beat Officers Required to Staff Service Demand 6 Exhibit B — 3, Calls for Service & Total Officer Time 7 Exhibit B — 4, Beat Officer Available Field Time Per Year 8 Exhibit B — 5, Actual Total Police Department Costs 9 #7725 Municipal Services Agreement - Police and Fire Services, City of National City (4/12/2002) SUMMARY- EXHIBITS A & B CITY OF NATIONAL CITY ESTIMATED VALUE OF POLICE AND FIRE/MEDICAL SERVICES FOR NON -TAX PAYING PROPERTIES ON TIDELANDS FOR THE YEAR ENDING JUNE 30, 2001 Description Reference Amount Value of fire/medical services provided Exhibit A $ 117,065.00 Value of police services provided Exhibit B-1 $ 369,414.00 Grand Total $ 486,479.00 Attachment A - Page 1 of 9 #7729 )reement - Police and Fire Services, City of National City (4/12/2002) EXHIBIT A CITY OF NATIONAL CITY ESTIMATED VALUE OF FIRE/MEDICAL SERVICES FOR NON -TAX PAYING PROPERTIES ON TIDELANDS FOR THE YEAR ENDING JUNE 30, 2001 ing costs for one fire company :ed to the non -tax paying properties on negotiated agreement) )f fire/medical services extended to Reference Amount ExhibitA-1 $ 1,170,647.00 10% $ 117,065.00 EXHIBIT A-1 ant 1,942.00 3 ),647.00 Attachment A - Page 2 of 9 #7729 #7729 Municipal Services Agreement - Police and Fire Services, City of National City (4/12/2002) EXHIBIT A-1 CITY OF NATIONAL CITY ESTIMATED TOTAL FIRE DEPARTMENT COSTS PER FIRE COMPANY FOR THE YEAR ENDING JUNE 30, 2001 Description Estimated costs -Fire operations and fire administration Reference Amount Exhibit A-2 $ 3,511,942.00 Divide by number of fire companies 3 Total individual fire company costs $ 1,170,647.00 Attachment A - Page 3 of 9 #7729 Municipal Services Agreement - Police and Fire Services, City of National City (4/12/2002) EXHIBIT A-2 CITY OF NATIONAL CITY ACTUAL TOTAL FIRE DEPARTMENT COSTS FOR THE YEAR ENDING JUNE 30, 2001 Total 100 SALARIES -PART-TIME $ 8,302.00 101 SALARIES -FULL-TIME $ 2,023,657.00 102 OVERTIME $ 235,242.00 105 LONGEVITY $ 2,008.00 110 UNIFORM ALLOWANCE $ 7,620.00 120 DIFFERENTIAL PAY $ 35,805.00 140 WORKERS' COMPENSATION $ 181,920.00 150 HEALTH INSURANCE $ 155,262.00 151 LTD INSURANCE $ 14,962.00 160 RETIREMENT PLAN CHARGES $ 367,046.00 161 MEDICARE $ 12,640.00 199 PERSONNEL COMPENSATION $ 41,833.00 205 MEDICAL SERVICES $ 470.00 211 LAUNDRY & CLEANING SERVICES $ 922.00 222 MEMBERSHIPS & SUBSCRIPTIONS $ 1,278.00 226 TRAINING $ 7,407.00 230 PRINTING & BINDING $ 1,416.00 258 TRAVEL & SUBSISTENCE $ 9,053.00 281 R&M -OFFICE EQUIPMENT $ 504.00 283 R&M -FIRE EQUIPMENT $ 2,989.00 287 R&M -COMMUNICATION EQUIPMENT $ 2,546.00 289 R&M -NONSTRUCTURAL ITEMS $ 199.00 299 CONTRACT SERVICES $ 95,244.00 301 OFFICE SUPPLIES $ 1,338.00 303 JANITORIAL SUPPLIES $ 3,236.00 304 BOOKS $ 1,196.00 305 MEDICAL SUPPLIES $ 212.00 306 COMPUTER SUPPLIES $ 267.00 309 PHOTOGRAPHIC SUPPLIES $ 555.00 318 WEARING APPAREL $ 1,585.00 319 UNIFORM ACCESSORIES $ 63.00 337 SMALL TOOLS $ 200.00 340 SHOP SUPPLIES $ 150.00 342 COMMUNICATION MATERIALS $ 1,934.00 399 MATERIALS & SUPPLIES $ 1,590.00 503 FURNITURE & FURNISHINGS $ 13,255.00 505 TRAINING EQUIPMENT $ 4,669.00 521 FIRE FIGHTING ACCESSORIES $ 3,543.00 730 GENERAL SERVICES CHARGES $ 14,140.00 740 BUILDING SERVICES CHARGES $ 98,955.00 745 PERS ADMIN CHARGES $ 18,334.00 750 VEHICLE SERVICES CHARGES $ 87,471.00 780 INFORMATION SERVICES CHARGES $ 37,871.00 790 INSURANCE CHARGES $ 13,053.00 GRAND TOTAL $ 3,511,942.00 Attachment A - Page 4 of 9 #7729 Municipal Services Agreement - Police and Fire Services, City of National City (4/25/2002) EXHIBIT B-1 CITY OF NATIONAL CITY ESTIMATED POLICE COSTS FOR TIDELANDS NON -TAX PAYING AREAS FOR THE YEAR ENDING JUNE 30, 2001 Description Reference Amount Number of officers required (FTE) Exhibit B-2 1.34 Estimated police department costs Exhibit B-5 $ 9,648,874.00 Number of patrol officers (FTE) Actual 98-99 35 Annual cost per officer (including 35 $ 275,682.00 staff and overhead cost) Value of police services ($275,682* 1.34) $ 369,414.00 Attachment A - Page 5 of 9 #7729 nicipal Services Agreement - Police and Fire Services, City of National City (4/12/2002) EXHIBIT B-2 CITY OF NATIONAL CITY NUMBER OF BEAT OFFICERS REQUIRED TO STAFF SERVICE DEMAND FOR TIDELANDS NON -TAX PAYING AREAS Description Reference Amount FY 1998-1999 calls for service (CFS) in minutes Exhibit B-3 19,870 CFS converted to hours 19,870/60 min per hour 331 FY 1998-1999 preventative patrol (PP) 1.5 hours/patrol x 3 patrols/day (negotiated formula) 1.5 x 3 x 365 days 1,643 Total beat officer hours, PP + CFS (331 + 1,643) 1,974 Available beat officer hours per year, per officer Exhibit B-4 1,471 Number of officers required (FTE) for PP + CFS (1,974 / 1,471) 1.34 Attachment A - Page 6 of 9 #7729 Municipal Services Agreement - Police and Fire Services, City of National City (4/12/2002) EXHIBIT B-5 CITY OF NATIONAL CITY ACTUAL TOTAL POLICE DEPARTMENT COSTS FOR THE YEAR ENDING JUNE 30, 1999 100 101 102 105 107 110 120 140 150 151 160 161 199 205 209 211 213 217 222 226 230 250 258 259 261 268 269 281 287 291 297 299 301 302 304 306 309 316 318 319 325 342 399 501 502 503 506 508 515 518 599 730 740 745 750 780 790 SALARIES -PART-TIME SALARIES -FULL-TIME OVERTIME LONGEVITY EDUCATIONAL INCENTIVE PAY UNIFORM ALLOWANCE DIFFERENTIAL PAY WORKERS' COMPENSATION HEALTH INSURANCE LTD INSURANCE RETIREMENT PLAN CHARGES MEDICARE PERSONNEL COMPENSATION MEDICAL SERVICES LEGAL SERVICES LAUNDRY & CLEANING SERVICES EXPERT & CONSULTANT SERVICES INVESTIGATIVE SERVICES MEMBERSHIPS & SUBSCRIPTIONS TRAINING PRINTING & BINDING POSTAGE TRAVEL & SUBSISTENCE K-9 CARE & SUPPLIES EMERGENCY ANIMAL TREATMENT RENTALS & LEASES FACILITY LEASE R&M -OFFICE EQUIPMENT R&M -COMMUNICATIONS EQUIPMENT R&M -AUDIO VISUAL EQUIPMENT BOOKING FEES CONTRACT SERVICES OFFICE SUPPLIES PERIODICALS & NEWSPAPERS BOOKS COMPUTER SUPPLIES PHOTOGRAPHIC SUPPLIES AMMUNITION WEARING APPAREL UNIFORM ACCESSORIES ELECTRICAL MATERIALS COMMUNICATION MATERIALS MATERIALS & SUPPLIES MECHANICAL OFFICE EQUIPMENT COMPUTER EQUIPMENT FURNITURE & FURNISHINGS AUDIO VISUAL EQUIPMENT PHOTO & RECORDING EQUIPMENT COMMUNICATIONS EQUIPMENT PUBLIC SAFETY EQUIPMENT OTHER FIXED ASSETS GENERAL SERVICES CHARGES BUILDING SERVICES CHARGES PERS ADMIN CHARGES VEHICLE SERVICES CHARGES INFORMATION SERVICES CHARGES INSURANCE CHARGES GRAND TOTAL Total $ 60,513.00 4,582,965.00 $ 238,578.00 8,132.00 $ 18,450.00 5 61,232.00 $ 40,703.00 500,741.00 $ 353,304.00 $ 17,620.00 $ 783,281.00 $ 59,525.00 $ 92,677.00 $ 35,616.00 $ 296.00 $ 1,841.00 $ 53,019.00 $ 8,144.00 $ 5,721.00 $ 9,837.00 $ 9,129.00 :6 340.00 29,658.00 $ 3,324.00 :$ 2,179.00 ;$ 43,984.00 :$ 467,429.00 ;$ 8,795.00 :$ 26,658.00 :$ 10,392.00 :$ 224,840.00 $ 114,769.00 $ 7,493.00 $ 152.00 ;$ 2,329.00 $ 7,327.00 $ 16,687.00 $ 21,902.00 $ 18,898.00 $ 3,088.00 $ 1,616.00 3,932.00 $ 24,493.00 $ 2,198.00 $ 26,708.00 $ 679.00 $ 738.00 $ 5,000.00 $ 282.00 $ 3,639.00 $ 686.00 $ 44,432.00 $ 548,938.00 $ 48,477.00 $ 388,186.00 $ 112,014.00 $ 485,288.00 $ 9,648,874.00 Attachment A - Page 9 of 9 #7729 flEETING DATE: July 16, 2002 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 6 ITEM TITLE: RESOLUTION INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND OR- DERING THE PREPARATION OF AN ENGINEER'S REPORT IN A SPECIAL MAINTENANCE DISTRICT PREPARED BY: Paul Desrochers, DEPARTMENT Community Development Commission Executive Director EXPLANATION: The Engineer's Report, required by Section 22622 of the Landscaping and Lighting Act of 1972, is the central document relative to the Levy of Assessments within Landscape Maintenance District No. 1 (LMD No. 1) located in the National City Mile of Cars. Nasland Engineering will prepare the Engineer's Report. All proceedings for the establishment of a levy of assessment for LMD NO. 1 will comply with the provi- sions of Proposition 218, approved by the voters on November 5, 1996. Environmental Review X N/A Financial Statement Not Applicable I r STAFF RECOMMENDATION Approve above -subject resolution. BOARD/COMMISSION RECOMMENDATION A Public Meeting is scheduled for July 30, 2002 at 5:00 p.m. in the City Council Chambers to discuss the proposed assessment with interested property owners. In addition, staff will meet and discuss the proposed assessment with the Mile of Cars Associa- tion before the August 6, 2002 Public Hearing. ATTACHMENTS (Listed Below) N/A Resolution No. 2002-104 RESOLUTION NO. 2002 —104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT' FOR A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. That the above recitals are all true and correct. DECLARATION OF INTENTION Section 2. That the public interest and convenience requires, and it is the intention of this legislative body to initiate proceedings for the annual levy and collection of special assessments for the payment of annual maintenance and/or servicing costs within the Maintenance District. REPORT OF ENGINEER Section 3. That the improvements are hereby referred to Nasland Engineering, who is hereby directed to make and file the "Report" as required by the provisions of the 1972 Act and Article XIIID of the Constitution of the State of California generally containing the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the Maintenance District for the referenced fiscal year. Resolution No. 2002 — 104 July 16, 2002 Page Two C. A diagram for the Maintenance District, showing the area and properties proposed to be assessed. D. An assessment of the estimated costs of the maintenance, assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefits received. That upon completion of the preparation of said "Report", the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. FISCAL YEAR. Section 4. That the above "Report" shall include all costs and expenses of said maintenance and/or servicing relating to the fiscal year commencing July 1, 2002 and ending June 30, 2003. PASSED and ADOPTED this 16u' day of July, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /ham,;: George H. Eiser, III City Attorney MEETING DATE: July 16, 2002 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. iITEM TITLE: RESOLUTION APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT PREPARED BY: Paul Desrochers, Executive Director EXPLANATION: DEPARTMENT Community Development Commission The Engineer's Report calculates the annual landscape maintenance cost to be assessed to each property owner located within the District based on the amount of frontage owned. The amounts provided in the report were estimated from a variety of sources utilized in 2001-02 including: • Land maintenance costs from Environmental Care, Inc. including palm trimming • Utility costs from SDG&E and the Sweetwater Authority • Electrical maintenance costs and bulb replacements • Administration, legal and engineering costs • Signed refurbishment costs • Other contingencies This year's proposed assessments are $900.00 less than in previous year's assessment Staff has not recommended an in- crease for the last several years. In addition, it should be noted that this decrease will not require a ballot vote per Proposition 218. The County of San Diego Auditor and Controller will collect the fees as part of the annual property tax roll procedures. Upon collection, the funds will then be disbursed to the City. This resolution adopts the Engineer's Report and orders it to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. / Environmental Review Financial Statement X N/A Maintenance costs for fiscal -year 2002-2003 operation of the District are estimated at $98,700.00 and, fees to the property own- ers range from $335.22 to $6,603.80. Administrative fees are estimated at $800.00. 1 STAFF RECOMMENDATION Approve above -subject resolution. BOARD/COMMISSION RECOMMENDATION A Public Meeting is scheduled for July 30, 2002 at 5:00 p.m. in the City Council Chambers to discuss the proposed assessment with interested property owners. In addition, staff will meet and discuss the proposed assessment with the Mile of Cars Associa- tion before the August 6, 2002 Public Hearing. ATTACHMENTS (Listed Below) Engineer's Report Resolution No. 2002-105 RESOLUTION NO. 2002 —105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act") and Article 'am of the Constitution of the State of California ("Article XIIID"), did, by previous Resolution, initiate proceedings and ordered the preparation of an Assessment Engineer's Report ("Report") for the annual levy of assessments within a special maintenance district, said special maintenance district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, there has now been presented to this City Council the "Report" as required by the 1972 Act and Article XIIID and as previously directed by Resolution; and WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said "Report". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. That the above recitals are all true and correct. Section 2. That the "Report" as presented consists of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and the extent of the proposed maintenance; B. Estimate of the cost of maintenance of the improvements for the Maintenance District for the referenced fiscal year; C. Diagram of the Maintenance District, showing the area and properties proposed to be assessed; D. An assessment of the estimated costs of the maintenance assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefit received. Said "Report", as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Resolution No. 2002 — 105 July 16, 2002 Page Two Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report". PASSED and ADOPTED this 16th day of July, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 02 SEVENTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) City of National City, California (Pursuant to the Landscaping and Lighting Act of 1972) The City Council of the City of National City, California, has adopted a Resolution ordering the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972", being Division 12, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Act"), for purposes of authorizing the levy of special assessments for certain maintenance work in a special assessment district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "District"). An Engineer's Report dated February 15, 1995, was prepared and submitted as ordered by the legislative body. Since the date of the Engineer's Report certain changes were made to the project. Such changes were described in the First Amended Engineer's Report dated August 1, 1996 and in the Second Amended Engineer's Report dated July 31, 1997. Information regarding actual expenditures resulted in changes to the cost estimates and assessment schedule incorporated in the Third Amended Engineer's Report dated June 26, 1998, the Fourth Amended Engineer's Report dated June 30, 1999, the Fifth Amended. Report dated June 27, 2000 and the Sixth Engineer's Report dated July, 12, 2001 _ Additional information is now available regarding actual expenditures for maintenance, repairs, electrical service and water usage. Adjustments are therefore necessary to the cost estimates and assessment schedule. This "Seventh Amended Report", is prepared and submitted in four parts, consisting of the following: Part I. Plans and Specifications. The plans and specifications describe the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. Part I is unchanged from the Sixth Amended Engineer's Report. Part II. Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal year, including appropriate incidental expenses. Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries of the District, as well as setting forth each individual lot or parcel. Each parcel is identified by a distinctiv, : number or letter and the lines and dimensions of each lot conform to those as shown on the latest County Assessor's map. Part IV. Assessment Schedule. The assessment schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each assessable lot or parcel by reference to a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above -referenced diagram_ All lots and parcels of land known as public property, as defined under Section 22663 of the Act, have been omitted and are exempt from any assessment under these proceedings. This "Report" is applicable for the maintenance of improvements within the district for the fiscal year commencing July 1, 2002 and ending June 30, 2003. Dated: -j LNE Z6 Z do't— ' Nasland Engineering Assessment Engineer City of National City State of California No. 23128 Club 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 03 PART I Plans and Specifications The plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications show the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: 1. Median Improvements: o Landscape planting and irrigation o Colored concrete hardscape • Lighting system o Graphic panels, banners and signage o Painted crosswalks o Identification sign at 23rd Street and McKinley Avenue. 2 Frontage Improvements o Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street_ o Landscape planting and irrigation o Colored concrete sidewalks and mow curbs • Street furniture A general description of the maintenance to be performed on such improvements is described as follows: ' I. general Plant Maintenance o Mowing, trimming, pruning and weeding • Watering, including water usage o Fertilizing o Plant replacement 2. Maintenance of Irrigation System o Adjustment of timers a Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic repainting of crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment. 6_ Maintenance of electrical system 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 04 Bulb replacement Repair/replacement of worn out or malfunctioning equipment ° Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 05 PART U Cost Estimate for FY2002-2003 The estimated total costs for maintenance of the improvements are those as hereinafter set forth below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit Cost of Annual Maintenance Median Frontage Improvements Improvements $54,400 $42,200 Incidentals: A. Administration 500 300 B. Legal Fees 300 200 C. Engineering 400 400 Total Incidentals 1,200 900 Total Estimated Annual Cost 55,600 43,100 Surplus or Deficit 00 00 NET ANNUAL ASSESSMENT S55,600 $43,100 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 06 PART III Assessment Diagram The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District The assessment diagram farther identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A copy of the assessment diagram is attached hereto, referenced and incorporated. 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 07 PART IV Assessment Schedule I, an authorized representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance S54,400 S42,200 Incidental Expenses 1,200 900 Total Costs 55,600 43,100 Surplus/Deficit 0 0 Balance to Assessment 55,600 43,100 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll. The Assessment Schedule refers to the County Assessor's Maps for a description of the lots or parcels, and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the improvements to be maintained. For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the following list of annual assessments, and for particulars as to the formula for the allocation of the costs, reference is made to the Method and Formula of Assessment Spread attached hereto as Exhibit "A". 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 08 The assessments are those as confirmed in Column I, unless a different figure as modified. Assessment Number 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Total Assessor's Parcel Number 560-210-01 560-210-04 560-210-42 560-210-41 560-210-40 560-261-08 560-271-14 560-271-07 560-271-09 560-271-15 560-330-03 562-021-01 562-021-07 562-031-14 562-031-13 562-090-06 562-100-14 562-100-13 562-160-07 562-180-32 562-180-33 562-251-37 562-251-38 562-252-15 562-321-07 (Parcel owned by City) 562-330-42 562-330-35 562-220-32 562-220-31 562-220-13 562-220-11 562-150-13 562-340-09 562-340-48 562-340-47 562-340-07 562-340-06 562-340-50 562-340-49 560-393-04 560-393-03 560-204-02 560-204-03 560-203-03 562-330-43 I Amount of Assessment $ 1,396.74 1,843.70 335.22 558.70 2,357.70 3,016.96 1,061.52 838.05 558.70 1,117.39 6,603.80 1,117.39 1,787.83 1,787.83 1,229.13 3,016.96 1,508.48 1,508.48 3,352.18 916.26 1,419.09 2,257.14 1,866.05 3,687.40 2,033.66 0 849.22 2,782.31 3,508.62 1,731.96 2,570.01 626.34 2,335.35 3,352.18 4,871.84 1,832.53 3,352.18 3,240.44 3,352.18 3,251.62 5,363.49 1,564.35 1,564.3_5 2,123.05 3,251.62 0 98,700.00 appears in Column II, II Assessment as Confirmed 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 09 This Assessment has been prepared pursuant to the "Landscaping and. Lighting Act of 1972". The net amount to be assessed upon the lands and parcels within the boundaries of the District has been spread and apportioned in accordance with the benefits received from the improvements, and in my opinion the costs and expenses have been assessed in direct relationship to the benefits received from the maintenance of the improvements. Dated: Z 6i zoo Nasland Engineering Assessment Engineer Engineer City of National City State of California A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and the Superintendent of Streets on the day of , 2002 . City Clerk City of National City State of California Superintendent of Streets City of National City State of California Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report was made on the day of , 2002. by adoption of Resolution No. by the City Council. City Clerk City of National City State of California 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 10 EXHIBIT "A" METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the services of Nasland Engineering. IDENTIFY THE BENEFIT First of all, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread and assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two categories of improvements to be maintained by the District The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels is the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2.Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 11 3.The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on the frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. FUTURE ANNUAL ADJUSTMENT IN ASSESSMENT The annual assessment to be levied on all. properties within the district in fiscal year 2002-2003 and thereafter shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an amount which would be in excess of the amount authorized pursuant to the application of the above formula, such annual assessment shall be considered a "new or increased assessment" as such term is used in Government Code Section 54954.6. In conclusion. it is my opinion that the assessments for the above -referenced District have been spread in direct accordance with the benefits that each parcel receives from the improvements to be maintained. Dated: Nasland Engineering % Assessment Engineer City of National City State of California 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 12 EXHIBIT ."B" ESTIMATED COST OF ANNUAL MAINTENANCE FY 2002-2003 1. Lawn planting care 2. Median planting care 3. Palm tree trimming 4. Irrigation system maintenance 5. Water usage • 6. Water meter charge 7. Repair crosswalks 8. Repainting of metal poles & street furniture 9_ Refurbishment of graphics panels 10. General maintenance of electrical system Bulb replacement ? Electrical usage 13. Litter removal 14. Trash pick-up 15. Miscellaneous vandalism repairs 16_ Freeway sign Median Improvements 0 13,000 2,300 Incl. in items 1 & 2 14,500 Incl. in item 5 1,500 700 2,500 12,000 Incl. in item 10 7,200 Incl. in item 2 0 300 400 Frontage Improvements $24,000 0 2,700 Incl. in items 1 & 2 14,500 Incl. in item 5 0 500 0 0. 0 0 Incl. in item 1 IncL in item 1 500 0 TOTAL: $54,400 S42,200 TRW N TE OfTILS Of 1HE OTY C.ERR Of TIIE OTY Of NATIONAL Cur MS DRY Of__ 490. Ow OLEOS car Of NATIONM Orr STATE Of CA1fODNA NICCROEO N TIC MICE OF TM SurERNTENDERI Of STREETS Or THE WY Of NATONAL Ore INN - DAY Of 1995 SJPC2x10REK1 Of SYRUPS air Of MOCHA 01Y STATE Of GOMMA Av A1SESSIKJIT WAS SEWED UT 11R. Car COUREI Cif ME LOTS. REf2S, »o comas Of LAND SNOW ON TINS ASSESSMENT OIARLAN. SOD ASSE59LENE WAS ZOO Of TIE_ -DAY Of IS99E SAO ASSE191EN1 DAOUN ARE ME ASSESSMENT Rost BOX IECOfUDO IN TIE OFFICE Of ME SLIPERNIEROEIII Of STREETS Of SAID VW OR TIE _DAY S 111E RCJERENCE K NACE TO TIC ASSESYNENT ROA RECORDED N THE SAME Of THE InSINNSEREENT ER" STREETS FDA DN. WET AMOLNI OF CART ASSESSSIENT LEMEO ATJONST EAOI MCI Of LARD SEWN ON TINS ASSESSMENT EIACRAq OTT MURK S IATEE Or CAMfDRNAY OLEO NNS OAY or • 1995, AT IRE NEON Ef_O'GE01 _M. III NON ---CF NAPF Of ASSESSNEN7 AND COJIOSIR1TY (AEE11115 DISTRICTS IN THE WILE 01 THE Mow RECOWER OF 1K COiYTY Cr am CKOO, CAOFCRNIA. NOW WORM CORNY Of S N OECD SIMS Of CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1 (MILE OF CARS) CITY OF NATIONAL CRY COUNTY OF SAN DIEGO STATE OF CALIFORNIA I SS' NA110t1AL Cl1Y 060-11110--TO 111' ESOULEVA D EEO $F0-SS1-1A 9S' 7A' M0-171-1 10Cf 111• xo-103-01 O 197' SSO-2DA-03 NV STO-311A-01 O LW SSO-493-R3 C) 160' SEO-393-0/ O ERTEAIOR CWMIAAY Of RSTNOI REVISED 8-1-96 REVISED 6-11-97 REVISED 6-10-02 IQ, K1 MAa IW Tf¢ iO6NTAOE Of (ROESPARCC,EL IS 6ASE17yL9IMON HHOA NTAt M[ Nt SF FOOT. AWEµN TO ASSTS'91.11 PARCEL NAPS TOR PoIOPERIY 001ENSEIS NOT SNRW. NASLAND ENGINEERING col. 0100Ttt30NO 10R W T1R0 • E! MD Maw hNL Sr R91. ONYPT1�i0111I Z00Z/ I/LO IbZ£-IL5-858 9NIe133NI9N3 QNV1SVN -0 m 07/11/2002 10:27 858-571-3241 NASLAND ENGINEERING PAGE 14 8 ® MAUS HIM ® 133E2 FLOC ® • • 1.1 A 00 -10042 0 002-100-01 xtl AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CRY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CAUFORMA 502-150-3.1 121' xtl 562-]10-02 20E' THANBPONTATION AVENUE NATIONAL CRT BAIL VAFD 105' SS2-220-21 214' 5E2-220-32 1W 271100011 00.120N0 0P MS1S10T x2-32,-O7 Iir AS' MT-220-20 CGpRE[SN�1ACE 000N1 A%SES70PEEL Q4'S IIAPS navy _TO SHOASEG �IM PEOUE EN YAPS ME POCKET/ 'OII1'/ OIEEMIONS NOT 91100MI.S 140 707 m 2s 10' 3 062-230-Q O REVISED 6-t-96 REVISED 6-t1-97 REVISED 6-19-02 NASLAND ENGINEERING INO pdie,Nnx. W 0. udw m; M1DA LZ:OI Z00Z/II/L0 II E-IL5-858 9NIe133NI9N rri MEETING DATE: July 16, 2002 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 8 ITEM TITLE: RESOLUTION DECLARING COUNCIL'S INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COL- LECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUB- LIC HEARING THEREON PREPARED BY: Paul Desrochers, DEPARTMENT Community Development Commission Executive Director EXPLANATION: This resolution sets the time and place for the public hearing on the levying of the proposed assessment for the Landscape Maintenance District No. 1 per Section 22624 of the Landscaping and Lighting Act of 1972. The Public hearing is scheduled for August 6, 2002 at 6:00 PM in the Council Chambers at 1243 National City Boulevard, National City, CA 91950. The resolution provides for a mailing to all property owners proposed to be assessed notifying them of the public hearing, adoption of the Resolution of Intention, and of the filing of the Engineer's Report. Environmental Review Financial Statement N/A X N/A r STAFF RECOMMENDATION Approve above -subject resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 2002-106 RESOLUTION NO. 2002 — 106 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND PUBLIC HEARING THEREON WHEREAS, the City Council of the City of National City has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No.1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said Maintenance District; and WHEREAS, there has been presented and approved by this City the Assessment Engineer's Report ("Report"), as required by the 1972 and Article XIIID of the Constitution ("Article XIIID"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. That the above recitals are all true and correct. DECLARATION OF INTENTION Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced Maintenance District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously Resolution No. 2002 —106 July 16, 2001 Page Two approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC MEETING AND PUBLIC HEARING/PROTESTS Section 5. NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING AND A PUBLIC HEARING ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY B> VD., NATIONAL CITY, CALIFORNIA, ON THE FOLLOWING DATES AND TIMES: A. PUBLIC MEETING: JULY 31, 2002 AT 5:00 P.M. B. PUBLIC HEARING: AUGUST 6, 2002 AT 6:00 P.M. ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL. STATEMENTS AND ALL WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. PASSED and ADOPTED this 16th day of July, 2002. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney MEETING DATE July 16, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 9 ITEM TITLE WARRANT REGISTER #01 PREPARED BY T.Mendoza EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #01 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 416,343.29. BOARD / COMMISSION COMME DATION V`t ATTACHMENTS ( Listed Below 1. Warrant Registers#01 2. Workers Comp Warrant Register dated 06/26/02 Resolution No. A-200 (9 99) MEETING DATE July 16, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #02 PREPARED BY T.Mendoza DEPARTMENT Finance EXPLANATION 1 Ratification of Warrant Register #02 per Government Section Code 37208. i Environmental Review N/A Financial Statement Not applicable. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,010,289.22. Approved By: Finance Director Account No. BOARD / COMMISSION4RECOM _ E ATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #02 2. Workers Comp Warrant Register dated 07/03/02 3. Payroll Warrant Register dated 07/03/02 Resolution No. A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE July 16, 2002 AGENDA ITEM NO, 11 CLAIM FOR DAMAGES: Alejo Able Macareno-Fuentes PREPARED BY Michael R. Dalla, CMCbE ARTMENT City Clerk EXPLANATION The claim of Alejo Able Macareno-Fuentes arises from an occurrence on January 17, 2002 and was filed with the City Clerk's Office on May 22,2002 Environmental Review XX N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below N/A Approved By: Finance Director Account No. Resolution No. A-200 (9.99) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 16, 2Q02 AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING AB 2095 (KEHOE) AND SB 1703 (PEACE) PREPARED BY „A, DEPARTMENT George H. Eiser, Ill City Attorney EXPLANATION This proposed resolution, requested by Councilman Morrison, would formally endorse AB 2095 (Kehoe) and SB 1703 (Peace). These bills, which are nearly identical, would create a permanent public entity known as the San Diego Regional Agency, to be governed by board members selected by the city council of each city in the county, and a member of the San Diego County Board of Supervisors. The bills would also require creation and adoption of a regional plan that integrates land uses, transportation systems, infrastructure needs, and public investment strategy, with a regional framework. The bills would consolidate transportation responsibilities into a single agency to conduct transportation planning, programming, project development and construction. It is expected that as the bills progress through the legislative process, their respective provisions will be amended so as to make the bills virtually identical. The proposed resolution would provide that the City Council's designee is authorized to withdraw the City's support upon making a determination that either bill has undergone revision which would (.. significantly change its effect since the date of adoption of the resolution. ( Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION 1) Adopt proposed resolution. 2) Designate a councilmember authorized to withdraw City support if the bills are revised to significantly change their effect. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Resolution Resolution No. 2002-107 A-200 (9:99) RESOLUTION NO. 2002 — 107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING AB 2095 (KEBOB) AND SB 1703 (PEACE) WHEREAS, the City of National City finds that a regional agency should be established by state law in order to provide permanency of regional decision -making; and WHEREAS, such regional agency should be governed by the local general purpose governments in the San Diego region to ensure the voice of all of the municipalities and county aye heard and that transportation and land use decisions can be made collectively; and WHEREAS, AB 2095 and SB 1703 call for the creation of a permanent public entity known as the San Diego Regional Agency, and the Agency will be governed by board members selected by the governing body of each city in the county, and a member of the San Diego County Board of Supervisors; and WHEREAS, AB 2095 and SB 1703 also require creation and adoption of a regional plan that integrates land uses, transportation systems, infrastructure needs, and public investment strategy, within a regional framework; and WHEREAS, the regional plan should be based on the local general and regional plans and address interregional issues with surrounding counties and Mexico; and WHEREAS, AB 2095 and SB 1703 consolidate transportation responsibilities to avoid fragmentation and duplication and provide a single agency to conduct transportation planning, programming, project development, and construction; and WHEREAS, AB 2095 and SB 1703 are consistent with the City of National City's goal to implement programs that will preserve and improve t:he quality of life in the San Diego region, maximize mobility, and transportation choices, and conserve resources. NOW, THEREFORE, BE IT RESOLVED that the City of National City supports Assembly Bill 2095 and Senate Bill 1703 and urge their passage by the state legislature, provided that the City Council's designee on this issue is authorized to withdraw the City's support upon making a determination that since the date of adoption of this Resolution either bill has undergone any revision which would significantly change its effect. PASSED and ADOPTED this 16th day of July, 2002. ATTEST: Michael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney MEETING DATE 1 City of National City, California COUNCIL AGENDA STATEMENT July 16, 2002 AGENDA ITEM NO. 13 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 TITLE 10 BY AMENDING CHAPTER 1026 TO PROHIBIT CARDROOMS; ADDING CHAPTER 10.27 REGULATING BINGO; AND ADDING DIVISION X, CHAPTERS 10.70 THROUGH 10.79 RELATING TO POLICE REGULATED BUSINESSES PREPARED BY DEPARTMENT Rudolf Hradecky p( City Attorney EXPLANATION Please see attached Staff Report. This proposed ordinance has been approved and coordinated with the Police and Planning Departments. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below } Staff report Proposed Ordinance Approved By: Finance Director Account No. 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 CHAPTER 6.26, 6.28, 6.36, 6.41, 6.42, 6.43, 6.50 AND 6.58, AND AMENDING TITLE 10 BY AMENDING CHAPTER 10.26 TO PROHIBIT CARDROOMS; ADDING CHAPTER 10.27 REGULATING BINGO; AND ADDING DIVISION X, CHAPTERS 10.70 THROUGH 10.79 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 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.2 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. t City of Erie v. PAP'sA.M., 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 CTTY 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); AMENDING TITLE 10 BY AMENDING CHAPTER 10.26 TO PROHIBIT CARDROOMS; ADDING CHAPTER 10.27 REGULATING BINGO; AND ADDING DIVISION X, 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 26 070 Cardmoms prnhihiterM-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 27 RINGO Sections. 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 77 010 license 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 27.040 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 27 050 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 License 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 Limitations. 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 27 100 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 requirements 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: CNAPTF.R 10 70 POT JCR RRGTIT.ATR1) RTJSINRSS RECTTA.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 Pin -pose 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 hi 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.O10D exists constitutes a separate misdemeanor. 10 70 020 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 case of a partnership, its general partners. 10 70 030 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 lnvestiption 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) An offense that requires registration under California Penal Code Section 290; (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 pennittee 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 Inspection 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. 10.70.110 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 70.140 Public nuisance. Each regulated business or any business that is required to be regulated that operatesn 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 7'3 T JVE ADI TT T ENTERTAINMENT AT ADI TT T ()RENTED ENTERTAINMENT FSTART,TSHMEMCS. 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 10.73.020A 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. 10.71 020 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 18.69.020(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—Pmhihiteri 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 servire-Rep},lated. 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 Escort 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 Fsrort Service Technician's Hermit 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 may be 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 requi d 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 MASSAGF. F.STARTJSHMF.NTS 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 Titte and administration. This chapter may be referred to as the National r 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 toprevent the facilitation of prostitution. 10 79 010 Definitions. 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 by 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 tfty (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. 1. 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 79.080 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, permittee 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 permittee 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, permittee 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 massage --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 businessas—Regulateil 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 professionalswhoare 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 remainittig 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. Al I EST: Michael R. Dalla City Clerk APPROVED AS TO FORM: /3 George H. Eiser, III City Attorney 2002 Ordinance 19 George H. Waters, Mayor Police Regulated Businesses City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 16, 2002 AGENDA ITEM NO. 14 ITEM TITLE AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM PREPARED BY DEPARTMENT George H. Eiser, III EXPLANATION City Attorney On July 16, 2002, the City Council approved a Resolution of Intention to Approve an Amendment to Contract between the Board of Administration of the Public Employees' Retirement System (PERS) and the City. The subject amendment will implement the 3% at age 60 retirement benefit for Miscellaneous Employees of PERS. The proposed ordinance is required to finalize this action. ( Environmental Review X N/A Financial Statement Approved By: Finance Director The cost of this amendment was included in the cost cited for adoption of the MOU for the MEA. Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance Resolution No. A-200 (9 99) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of National City does ordain as follows: Section 1. That an amendment to the contract between the City Council of the City of National City and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit "A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City of National City is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of National City. PASSED and ADOPTED this day of , 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT rtl1EETING DATE July 16, 2002 AGENDA ITEM NO. 15 ITEM TITLE AN ORDINANCE AMENDING CHAPTER 13.12 OF THE MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF WAY AND OTHER PUBLIC PROPERTY PREPARED BY Rudolf Hradecky DEPARTMENT City Attorney Pt EXPLANATION Chapter 13.12 of the National City Municipal Code was amended January 9, 2001, to improve the manner and process of issuing encroachment permits for work in the streets and other public property. The amendment added standards and conditions for street maintenance, taking into account existing operating arrangements with various public utilities. In addition to a number of editorial revisions and administrative clarifications, Staff is recommending the following: 1. That appeals be allowed only to the City Council (instead of an alternative administrative hearing procedure that is to be deleted); 2. That a possessory interest tax advisory be added, as is usually done with other City -granted property interests; and 3. That the City reserves the right to seek "fair and reasonable" compensation from telecommunication providers in accordance with the Telecommunications Act of 1996, except where preempted or exempted by law or franchise. This provision would apply to new permits and only to any expansion of or surcharges upon existing easements. It would not be retroactive otherwise to existing permits. Copies of the proposed ordinance were provided to SDG&E, Cox Communications, PacBell and Global Crossings, and their comments, when appropriate, were considered in this proposed ordinance. Environmental Review A N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below I Strikeout version Ordinance Resolution No. A-200 (9: 99) CHAPTER 13.12 ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY 13.12.010 Findings, purpose and intent. A. The city council finds and determines that the installation, repair, maintenance and removal of private and public facilities in the public streets, rights -of -way and other public property must be regulated in order to protect the public health, safety. and welfare and provide for the orderly administration and maintenance of public roadways and other public property for the benefit of the community, while allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community. It is further the intent of the city council to require public utility providers, other public and governmental agencies and private parties who are permitted to install facilities in the public streets and rights -of -way to preserve the street surfaces and, when necessary, contribute proportionately to street resurfacing and maintenance as a result of the impact and benefits caused by or obtained from their installations and, where pplicabie, pay fair and reasonable compensation for the use of public property. B. It is not the intent of the council to not require applicants and permittees to disclose proprietary information or trade secrets applicable to their technology, systems or facilities, except to the extent reasonably necessary to evaluate the installation or operation of the facility in terms of its impact on public health and safety. C. Administration of this chapter shall be under the direction and control of the city manager, and as may be further delegated to the city engineer under this chapter. 13.12.020 Definitions and uses. Within this chapters the following terms and expressions shall mean and be interpreted as follows: A. "Facility" means and includes, without limitation, any pole, light or signal standard, traffic or irrigation controller, pipe, conduit, cable, fiber optics, manhole, duct, tunnel, trench, utility cabinet or similar appurtenance. B. "Person" means and includes any natural person, corporation, firm, agency, separtnership,_joint venture or association, and the singular and plural or the masculine or feminine gender. It also includes a public utility or a public or governmental agency. C. "Public right-of-way" means and includes any public street, alley, sidewalk, driveway, curb, pavement, gutter or parkway. D. "Improvement" means and includes any addition, alteration or modification to an existing facility. E. "Public property" includes land, easements and other facilities owned, leased by or otherwise belonging to the city, other than "public rights -of -way." F. "Applicant" and "permittee" means the person or entity that is to benefit from the facility and its installation, as well as the contractor or entity doing the actual installation. The term shall also include, without limitation, telecommunicationsproviders subject to the Telecommunications Act of 1996, as amended, and any other commercial entity that sells telecommunications services or provides facilities to the public or selected subscribers through installations utilizing the public rights of way or public property. G. "Encroaclpnent" means the installation of a facility or other physical object installed in, enr-under,_over, or upon real ytheDublic right of way or public property. The term shall also include the line of sight aerial passage of a beam of light or laser through the airspace over such real property. It shall not include any wireless, microwave or radio transmission over over such real property. H. _"Encroach" refers to the act of installing or maintaining an "encroachment"_ 13.12.030 Encroachment permits --Required. A. Except as provided in subsection F of this section, it is unlawful for any person to excavate, construct, install or remove improvements or facilities within, or grade or encroach upon, under or over, any public right- of-way or public property of the city without a valid encroachment permit issued pursuant to this chapter. B. An encroachment permit shall allow only the designated permittee(s) and their authorized contractors to install, maintain or remove approved facilities within the boundaries and under the terms and conditions specified in the encroachment permit. The term of the permit may be for a specific duration; or unlimited duration conditional, however, upon the removal or relocation of the facility when necessary for reasons of the public health, safety and welfare, or public convenience. No person or permittee, including a franchisee or licensee, shall assign or enlarge the scope of an approved encroachment permit to or allow another person to install an additional facility within the permitted encroachment without the prior written authorization of the city engineer or, when applicable, the city manager or council, which authorization shall not be unreasonably withheld or denied. C. The city engineer shall require the benefiting entity or its duly authorized representative, and may also require the installation contractorer when necessary to ensure proper project control, to apply for all requisite permits. Financial obligations imposed by this chapter shall relate primarily to and be the responsibility of the permittee who benefits from the installation of the facility. D. As a condition of an encroachment permit, the permittee shall .be required to remove or relocate the permitted facility or encroachment at the permittee's sole expense when determined necessary by the city engineer as an exercise of the city's police power for the public health, safety and welfare or convenience. This shall include the right of the city to regrade or realign the streets or to install its own facilities, and require the permittee to remove or relocate its facility at the permittee's expense when necessary to accommodate a public facility or improvement. A permittee may also be required to pay for the cost of relocating other previously permitted encroachments when necessary to accommodate its facility. E. The permittee shall obtain any business licenses and all other permits or licenses, including construction permits, required by code, statute or regulation pertaining to the installation of the facility, and for complying with all other provisions of law and this code, 1 d b Chapter , 6 2 rel ti.,g to telecommunications notwithstanding the issuance of an encroachment permit. F. Nothing in this chapter shall prevent excavation for emergency repairs to public utility service connections or other work that is necessary for the immediate protection of life or property, provided a permit is applied for by the end of the third business day following the commencement of work'. 2 G. The city engineer shall have the authority to promulgate rules and regulations necessary to implement this chapter, and to negotiate and issue annual master encroachment permits to repetitive users with due allowance for the requirements of this chapter. A "repetitive user" shall refer to any public agency, public utility or other entity with a franchise or license from the city that contemplates repetitive facility installations in the public rights of way and public property. H. Except where an exemption pursuant to Section 13.12.060G exists, the city reserves the right to charge applicants fair and reasonable compensation for the use of the public right of way or property to be utilized by an encroachment or any future enlar ement of an existing lawfully permitted encroachment. Fair market value shall be as determined by a qualified appraiser selected by the City. Rental.payments shall be made annuallym advance of each anniversary date or as otherwise mutually agreed, and shall be in addition to all other fees and processing costs required under section 13.12.090. 13.12.040 Encroachment permits --Bonds and insurance. Proof of a performance bond and liability insurance shall be posted by the permittee for each individual or master encroachment permit issued to ensure timely completion of work and to cover damages caused by the work to public right-of-way and property. Comprehensive general liability insurance with a minimum of one million dollars 01,000,000) combined single limit per occurrence coverage shall be maintained throughout the term of the permit, except that the city engineer may require a greater amount of insurance when justified by accepted risk management standards. Statutory liability provisions pertaining to permissibly self -insured entities and joint power agreements or similar agreements with the city meeting the requirements of this chapter respecting performance and maintenance criteria may satisfy these requirements. 13.12.050 Encroachment permits --Application. Before any encroachment permit may be issued, the applicant must file with the city engineer a written application on forms provided by the city. The permit shall be subject to all provisions contained and approved within the application, the City of National City Standard Specifications, Regional and City Standard Drawings, Special Provisions, and Design Standards, and such other conditions as may be imposed by the city engineer based on accepted engineering practice or as shall be necessary to protect the public health, welfare and safety. 13.12.060 Encroachment permits --Authority of city engineer. A. The city engineer may issue a permit to encroach upon, within or over the public right-of-way or other public property of the city only if an applicant for such a permit can demonstrate that: 1. There is a compelling need to use the city public right-of-way or property for the applicant's proposed use; 2. The issuance of a permit will not be detrimental to the public health, safety and welfare; 3. The applicant is capable and will comply with all the terms, conditions, and restrictions that are incorporated in the permit; 4. The applicant has complied with all applicable state and federal laws, and has obtained other applicable permits and certifications required under state and federal law; and 3 5. The applicant has reviewed city and other public records pertaining to existing and proposed encroachments and has_coordinatedto the maximum extent reasonably practicable, the details of its facility installation with those existing and proposed facilities and permittees. B. Except with respect to proprietaryorial information regarding the technology of the cable, facility_ to be installed, or customer identity or lists, or financial information which could adversely affect an applicant's competitive advantage, the city engineer shall have the authority to require the applicant; as a condition of permit issuance; to disclose information deemed necessary to the city's decision making process and —in order to make suitable provisions in a reasonable manner regarding: 1. The applicant's proposed methods of use of any lines, wires, cables, conduits, and other equipment in the right-of-way, and pertinent technical details regarding the installation, operation and placement of the facility which is necessary to determine the impact upon the public health and safety and the venue of installation; 2. The quantity and dimensions of applicant's proposed installation of lines, wires, cables, conduits, and other equipment in the right-of-way; 3. The quantity and dimensions of applicant' , of California; 34. The specific date(s) applicant proposes to begin using any lines, wires, cables, conduits, and other equipment in the right-of-way; 45. The location of all proposed or future installations by the applicant and all existing lines, wires, cables, conduits, and other equipment in the pertinent vicinity of the applicant's proposed installation in the city_ right-of-way; 56. The specific traffic safety and environmental measures the __applicant proposes to use while applicant is excavating or obstructing any right-of-way; 67. Any limitations of time applicable to the use or removal of the facilities; 78. The coordination of the proposed facility installation with anticipated or existing encroachments and other construction or improvement in the affected —venue of installation; 89. Traffic and pedestrian safety and control. C. Except as to those matters specifically regulated by the Public Utilities Commission, the Federal Communications Commission, or other state or federal agency, the city engineer shall have the authority to coordinate and prescribe conditions for the installation, use, duration and removal of the facilities and other encroachments by the permittee and its assigns. These conditions may include submittal of record drawings, U.S.A. "Dig -alert" subscription, joint trench cost sharing, screening of aboveground utility cabinets, coordination of work with other agencies or projects, and full cost reimbursement for reasonable and necessary city inspection services during construction. Additionally, the city engineer is authorized to require installation to be made underground instead of an aerial or surface placement, when determined to be feasible by the city engineer and as required by law, and to prohibit or restrict the placement of permanent auxiliary power generators within the right-of- way. The applicant shall be responsible for reviewing city and other public records, and contacting existing city permittees and public utility companies to determine the location of 4 existing facilities that will impact upon or be impacted by the proposed installation, and provide any necessary assurances or provisions regarding noninterference with prior permitted facilities and encroachments. The city reserves the right to require the permittee to pay the reasonable costs of hiring an inspector or supervisor to oversee the work and protect the city's interests during facility installation. D. Issuance of a permit does not constitute a representation by the city that subsurface conditions are accurately reflected in the records of the city. Each permittee assumes the risk and responsibility for damage to previously installed permitted facilities. Each permittee shall be responsible for repair or reimbursement for damage to or for relocationng of previously installed facilities, when caused or necessitated by the installation of its facility. The permittee shall notify the city engineer and any affected prior permittee(s) when repair or relocation may become necessary. E. Each permit shall include a condition that the permittee shall indemnify, defend and hold harmless the city from all liability occasioned from or caused by the installation or operation of the facility, except that arising from the sole negligence or willful misconduct of the city. F. The city engineer shall host periodic coordination meetings with potential applicants and current permittees regarding pending applications and proposed construction in the various rights -of -way and public places. The format of such meetings may be as provided for by existing franchise or license agreements, greements or as may be determined feasible by the city engineer. The city engineer shall not be responsible for obtaining information for any applicant, but shall make existing information available to an applicant for appropriate research and coordination. G. Whenever an exemption or exception from the requirements of this chapter is claimed by an applicant or permittee under the terms of a statute, franchise, an —license, agreement or scope of regulatory preemption or final judicial decision, the burden shall be on the applicant or permittee to -shall be responsible for establishin_g the authority, scope and -or extent of the exemption to the reasonable satisfaction of the city engineer. The city engineer shall accept particular provisions from franchises and related agreements that are in substantial conformity with the various requirements of this chapter in the administration and issuance of encroachment permits. 13.12.070 Resurfacing of streets. A. In cases of major excavation into city streets, particularly where the street has been resurfaced within three years preceding the work, the permittee may be required by the city engineer to replace an entire lane of travel when necessitated by the scope of the installation of the facility, rather than to just patch and repair the particular trench. For purposes of this subsection A, major excavation shall be any trench cut greater than four inches in width, or any point of repair that exceeds four feet by four feet. The dimensions of the lane of travel shall refer to a pavement width of no less than eight feet nor more than twelve feet. The portion to be resurfaced shall not exceed that dimension that will create a smooth interface between the old and new pavement surfaces. This requirement is imposed in order to maintain the road surface in a smooth, steady state for the benefit of motorists, preserve the structural integrity of the affected surface, and avoid the unnecessary future expenditure of public taxes and monies. Permittees shall be responsible for correcting any settling or bums that later occur within the repaved.portion of roadway, and to refill or 5 recompact and resurface pavement deformities, as may be determined necessar� thety engineer for the maintenance of the road surface. B. In situations where several two or more excavators are or will be allowed to separately excavate trenches of minor dimension, which, when accumulated, create a major impact to the road surface; comparable to that described in subsection A, the city engineer may require each permittee to obligate itself to pay a proportional share for resurfacing of the entire lane of travel, and, where necessary and appropriate, to post a security deposit or surety bond guaranteeing it will participate in or fund the costs of the resurfacing and related work necessary to maintain and preserve the integrity of the right-of-way Permittees shall be responsible for correcting any settling or bumps that later occur within the repaved portion of roadway, andbto refill or recompact and resurface pavement deformities, as may be determined necessary by the city engineer for the maintenance of the road surface. C. The provisions of this section shall apply equally to franchisees and other public and governmental agencies desiring to excavate in the public right-of-way in National City, except as specifically provided otherwise in the terms of a franchise or related agreement pertaining to street maintenance and repair. Determinations made by the city engineer under subsections A and B shall be based on best engineering and management practice. D. Notwithstanding subsection A, permittees who benefit from the facility installation may be required to share prorata in the ongoing costs of repair and street maintenance directly caused by the proportionate impacts of the installation and maintenance of their facility in the right-of-way. 13.12.080 Encroachment permits--Revocation--Penalty for violation of terms. A. The city engineer is authorized to revoke an encroachment permit upon determining that the permittee has failed to comply with one or more of the material terms, conditions or restrictions incorporated in the permit or has provided materially false or misleading information to the city engineer regarding the encroachment or its installation. B. Upon the revocation of an encroachment permit, the permittee shall immediately discontinue any work and cease and desist from further encroaching upon the public right-of- way or property of the city. The permittee shall remediate the site to an as -near original condition as shall be feasible under the supervision and direction of the city engineer in accordance with code and legal requirements in effect at the time of remediation. Installed facilities shall be removed, unless authorized to be disabled and abandoned in place when determined to be feasible by the city engineer. C. Any permittee who violates any of the terms, conditions or restrictions of an encroachment permit and thereby materially and adversely affects the public health and safety shall be ineligible to receive another encroachment permit from the city engineer for a period of one year following the date of such determination, unless this restriction is waived by the city engineer for good cause. 13.12.090 Encroachment permits --Fees. A. Unless otherwise specifically exempted by existing law or prior franchise, license or other contractual agreement, every person shall pay the permit fee established in the National City Fee Schedule prior to the issuance of an encroachment permit. 6 B. The permit fee for any application which is not defined, in the National City Fee Schedule will be determined by the city engineer based on the following relevant factors: 1. The quantity, nature and impact of the facility proposed to be installed in the right-of-way; 2. The specific date(s) applicant intends to begin using the facility in the right-of-way, and any corresponding impacts to or upon public services; 3. The future cost to the city of any predictable impacts and accelerated degradation of the street surface caused by the proposed excavation or encroachment, as may be determined by reasonably accurate data and methodology for measuring the pavement's structural response to heavy dynamic loads, similar in magnitude and duration to those produced by moving traffic; 4. The actual or reasonably estimated cost to the city of staff time required to ensure the safety of the roadway, the coordination of the application with other applications, and proper restoration of the street surface; 5. Whether the timing of the encroachment can be coordinated with an existing or proposed excavation or encroachment in the same location by the city or another applicant without causing unreasonable delay; and 6. Any other expense that is reasonably related to the additional cost that the city may incur as the direct result of the application or as allowed under law. C. In lieu of a fee, or in consideration of special benefits conferred upon the Through a cost sharing joint trench agreement, the city engineer or city council, as applicable, may require the permittee to provide a portion of the installed facility or conduit to the city for its -future use or allocation, in order to minimize future disruption to the right-of-way. 13.12.100 Nonexclusive use of right-of-way. A. Encroachment permits are nonexclusive. Any permit issued by the city under this chapter which permits the applicant to excavate, construct or remove improvements or facilities, or grade or encroach within any public right-of-way also permits the city to utilize the right-of-way for its own public purposes during the same time period as the applicant's use. The city may extend the time period of the applicant's proposed use of the right-of-way to suit the city's own public purposes. The city engineer may require the permittee to allow others to utilize the excavation for placement of their separately permitted facilities when justified and necessary, upon payment to the permittee of the proportional share of avoided expense together with any additional expense necessitated by such accommodation, provided such accommodationis feasible and does not delay or adversely impact the permittee. Joint trench agreements under this section shall be required prior to commencement of construction. B. Permittees shall not interfere with facilities installed under prior permits, unless arrangements satisfactory to the city engineer and the prior permittee are made to protect or relocate the prior facilities at the expense of the subsequent permittee. Notwithstanding, the city shall have the right to remove, relocate or displace any previously allowed or permitted encroachment without liability to a permittee when necessitated by public emergency or the city's exercise of its police power. 7 C. Permittees who fail to provide accurate record drawings to the city engineer shall be financially liable to the city for any of the city's construction delay costs directly caused by misidentified facility locations installed by the permittee or its contractors. 13.12.110 Appeal. Any person who is aggrieved by the city engineer's decision with respect to the issuance, denial, or revocation of an encroachment permit or the imposition of a fee or condition under this chapter may appeal to the city council within ten calendar days after receiving notification of the city engineer's decision. A request for appeal must be filed with the city clerk, and a hearing before the city council will be scheduled within a reasonable time after the filing of the appeal. 13.12.120 Assignment or enlargemenLof encroachment permits or facilities. Assignments or enlargements of encroachment permits or facilities without authorization of the city are void. Assignment shall not obviate the obligation of the assignor to perform all terms and conditions of the permit and this ordinance, notwithstanding the assignee's assumption of the same. 13.12.130 Safeguarding of proprieterialpronrietary information. Applicants subject to this chapter shall provide all information required by the city, except that which is expressly exempted by the terms of Section 13.12.060(BUI). Except for maps and construction drawings. If thean applicant who wishes to declares any portion of the -required information to be"propfietorial-proprietary_information," applicant -shall identify the same by notation in the applicable sections of the applications or questionnaire and provide the information to the city in a separate sealed envelope or container clearly identified as "PROPRIETORIAL PROPRIETARY INFORMATION," together with information identifying ownership. Maps or construction drawings submitted or processed for a permit under this chapter may not be designated proprietary information. The city will thereafter either retain that information copy er hav, ng cted—i€s—analysis. ur ^rietoria Properly identified proprietary information retained by the city will not be released by the city under the Public Records Act (Government Code Section 6250, et seq.) to any source without prior notice to the applicant, except upon receipt of a duly authorized court order. by the city to intervene and represent the applicants interests in protecting said proprietorial .....� ... ...w. ..�..� ...... .mot.. �-..�-... ...� »t.t...�..... 's behalf; if the opportunity is declined, then the city shall have no further l,l: at: p t protect or defend the non release of the designated proprietorial_informaattion or portions --thereof. It shall be a condition of and encroachment permit issued that Anyany proprie-torialproprietary information previously returned to an applicant that was not retained and was relied upon by the city in framing the terms and conditions of a permit shall be conclusive and binding as to applicant and not contestable in any subsequent administrative or judicial proceeding involving the permittee regarding that permit. 13.12.140 Possessory Interest Taxes. By applying for and acce ting an v permit issued pur uant to this Chapter the permittee acknowledges that notice was given pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of anypublic property may cause certain taxes to be levied upon such interest. The permittee shall be solely 8 liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against its right to_possession, occupancy or use of any_public right of way or property created by any permit Franchise or License. 7 TT= nn the mutual election of•the cite it the applicant r permittee appeals may --be Association or similar J body J mutually Y aecoptable to h th p rt' A A ' t« T aw e that is relevant nA Yprobative_ or_ admissible over objection .il .thin. stall b_ shall-he-based-onsubst-antial--evidoncencl-be--presented-in-an-administrative-reoor-d5-the rP It f h' h b ll tb f+ t't. t the exhaustion of ad t t' d .i b e subject to judicial review by writ of mandamus under Code of Civil Procedure Section 1091.6. 13.12.150 Violations and enforcement. Violation of Section 13.12.030 or 13.12.080(B) is a misdemeanor. Each day a violation exists is a separate violation, and each violation may be charged as a separate offense. Violations may be enforced by civil, criminal or administrative measures, or combination, as provided for in Title 1 of this code. 9 ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY 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 Chapter 13.12 of the National City Municipal Code is amended in its entirety to read as follows: ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAYS AND OTHER PUBLIC PROPERTY Sections: 13.12.010 Findings, purpose and intent. 13.12.020 Definitions and uses. 13.12.030 Encroachment permits --Required. 13.12.040 Encroachment permits --Bonds and insurance. 13.12.050 Encroachment permits --Application. 13.12.060 Encroachment permits --Authority of city engineer. 13.12.070 Resurfacing of streets. 13.12.080 Encroachment permits--Revocation--Penalty for violation of terms. 13.12.090 Encroachment permits --Fees. 13.12.100 Nonexclusive use of right-of-way. 13.12.110 Appeal. 13.12.120 Assignment of encroachment permits 13.12.130 Safeguarding of proprietary information. 13.12.140 Possessory interest taxes. 13.12.150 Violations and enforcement. 13.12.010 Findings, purpose and intent. A. The city council fords and determines that the installation, repair, maintenance and removal of private and public facilities in the public streets, rights -of -way and other public property must be regulated in order to protect the public health, safety and welfare and provide for the orderly administration and maintenance of public roadways and other public property for the benefit of the community, while allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other Ordinance Amending Chapter 13.12 Encroachments convenience services to the community. It is further the intent of the city council to require public utility providers, other public and governmental agencies and private parties who are permitted to install facilities in the public streets and rights -of -way to preserve the street surfaces and, when necessary, contribute proportionately to street resurfacing and maintenance as a result of the impact and benefits caused by or obtained from their installations and, where applicable, pay fair and reasonable compensation for the use of public property. B. It is the intent of the council to not require applicants and permittees to disclose proprietary information or trade secrets applicable to their technology, systems or facilities, except to the extent reasonably necessary to evaluate the installation or operation of the facility in terms of its impact on public safety. C. Administration of this chapter shall be under the direction and control of the city manager, and as may be further delegated to the city engineer under this chapter. 13.12.020 Definitions and uses. Within this chapter, the following terms and expressions shall mean and be interpreted as follows: A. "Facility" means and includes, without limitation, any pole, light or signal standard, traffic or irrigation controller, sign, pipe, conduit, cable, fiber optics, manhole, duct, tunnel, trench, utility cabinet or similar appurtenance. B. "Person" means and includes any natural person, corporation, firm, agency, partnership, joint venture or association, and the singular and plural or the masculine or feminine gender. It also includes a public utility or a public or governmental agency. C. "Public right-of-way" means and includes any public street, alley, sidewalk, driveway, curb, pavement, gutter or parkway. D. "Improvement" means and includes any addition, alteration or modification to an existing facility. E. "Public property" includes land, easements and other interests in real property owned, leased by or otherwise belonging to the city, other than "public rights -of -way." F. "Applicant" and "permittee" means the person or entity that is to benefit from the facility and its installation, and may also include the contractor or entity doing the actual installation. The term shall also include, without limitation, telecommunications providers subject to the Telecommunications Act of 1996, as amended, and any other commercial entity that sells or provides services or facilities to the public or selected subscribers through installations utilizing public rights of way or public property. G. "Encroachment" means a facility or other physical object installed in, under, over, or upon the public right of way or public property. The term shall also include the line of sight aerial passage of a beam of light or laser through the airspace over such real property. It shall not include any wireless, microwave or radio transmission over such real property. H. "Encroach" refers to the act of installing or maintaining an "encroachment". 13.12.030 Encroachment permits --Required. A. Except as provided in subsection F of this section, it is unlawful for any person to excavate, construct, install or remove improvements or facilities within, or grade or encroach upon, under or over, any public right- of-way or public property of the city without a valid encroachment permit issued pursuant to this chapter. 2 Ordinance Amending Chapter 13.12 Encroachments B. An encroachment permit shall allow only the designated permittee(s) and their authorized contractors to install, maintain or remove approved facilities within the boundaries and under the terms and conditions specified in the encroachment permit. The term of the permit may be for a specific duration or unlimited duration conditional upon the removal or relocation of the facility when necessary for reasons of the public health, safety and welfare, or public convenience. No person or permittee, including a franchisee or licensee, may assign or enlarge the scope of an approved encroachment permit or allow another person to install an additional facility within the permitted encroachment without the prior written authorization of the city engineer or, when applicable, the city manager or council, which authorization shall not be unreasonably withheld or denied. C. The city engineer shall require the benefiting entity or its duly authorized representative, and may also require the installation contractor when necessary to ensure proper project control, to apply for all requisite permits. Financial obligations imposed by this chapter shall relate primarily to and be the responsibility of the permittee who benefits from the installation of the facility. D. As a condition of an encroachment permit, the pen ittee shall be required to remove or relocate the permitted facility or encroachment at the permittee's sole expense when determined necessary by the city engineer as an exercise of the city's police power for the public health, safety and welfare or convenience. This shall include the right of the city to regrade or realign the streets or to install its own facilities, and require the permittee to remove or relocate its facility at the permittee's expense when necessary to accommodate the public facility or improvement. A permittee may also be required to pay for the cost of relocating other previously permitted encroachments when necessary to accommodate its facility. E. The permittee shall obtain any business licenses and all other permits or licenses, including construction permits, required by code, statute or regulation pertaining to the installation of the facility, and for complying with all other provisions of law and this code, notwithstanding the issuance of an encroachment permit. F. Nothing in this chapter shall prevent excavation for emergency repairs to public utility service connections or other work that is necessary for the immediate protection of life or property, provided a permit is applied for by the end of the third business day following the commencement of work. G. The city engineer shall have the authority to promulgate rules and regulations necessary to implement this chapter, and to negotiate and issue annual master encroachment permits to repetitive users with due allowance for the requirements of this chapter. A "repetitive user" shall refer to any public agency, public utility or other entity with a franchise or license from the city that contemplates repetitive facility installations in the public rights of way and public property. H. Except where an exemption pursuant to section 13.12.060G exists, the city reserves the right to charge applicants fair and reasonable compensation allowable by law for the use of public right of way or property to be utilized by an encroachment or any future enlargement of an existing encroachment. Fair market value shall be as determined by a qualified appraiser selected by the City. Payments shall be made annually in advance of each anniversary date or as otherwise mutually agreed, and shall be in addition to all other fees and processing costs required under Section 13.12.090. 3 Ordinance Amending Chapter 13.12 Encroachments 13.12.040 Encroachment permits --Bonds and insurance. Proof of a performance bond and liability insurance shall be posted by the permittee for each individual or master encroachment permit issued to ensure timely completion of work and to cover damages caused by the work to public right-of-way and property. Comprehensive general liability insurance with a minimum of one million dollars combined single limit per occurrence coverage shall be maintained throughout the term of the permit, except that the city engineer may require a greater amount of insurance when justified by accepted risk management standards. Statutory liability provisions pertaining to permissibly self -insured entities and joint power agreements or similar agreements with the city meeting the requirements of this chapter respecting performance and maintenance criteria may satisfy these requirements as determined by the city attorney. 13.12.050 Encroachment permits --Application. Before any encroachment permit may be issued, the applicant must file with the city engineer a written application on forms provided by the city. The permit shall be subject to all provisions contained and approved within the application, the City of National City Standard Specifications, Regional and City Standard Drawings, Special Provisions, and Design Standards, and such other conditions as may be imposed by the city engineer based on accepted engineering practice or as shall be necessary to protect the public health, welfare and safety. 13.12.060 Encroachment permits --Authority of city engineer. A. The city engineer may issue a permit to encroach upon, within or over the public right-of-way or other public property of the city only if an applicant for such a permit can demonstrate that: 1. There is a compelling need to use the public right-of-way or property for the applicant's proposed use; 2. The issuance of a permit will not be detrimental to the public health, safety and welfare; 3. The applicant will comply with all the terms, conditions, and restrictions that are incorporated in the permit; 4. The applicant has complied with all applicable state and federal laws, and has obtained other applicable permits and certifications required under state and federal law; and 5. The applicant has reviewed city and other public records pertaining to existing and proposed encroachments and has coordinated, to the maximum extent reasonably practicable, the details of its facility installation with those existing and proposed facilities and permittees. B. -Except with respect to proprietary information regarding the technology of the facility to be installed, customer identity or lists, or financial information which could adversely affect an applicant's competitive advantage, the city engineer shall have the authority to require the applicant as a condition of permit issuance to disclose information deemed necessary to the city's decision making process in order to make suitable provisions in a reasonable manner regarding: 1. The ,'applicant's proposed methods of installation of any lines, wires, cables, conduits, and other equipment in the right-of-way, and pertinent technical details regarding the installation, operation and placement of the facility which is necessary to determine the impact upon public safety in the venue of installation; 4 Ordinance Amending Chapter 13.12 Encroachments 2. The quantity and dimensions of applicant's proposed installation of lines, wires, cables, conduits, and other equipment in the right-of-way; 3. The specific date(s) applicant proposes to begin using any lines, wires, cables, conduits, and other equipment in the right-of-way; 4. The location of all proposed or future installations by the applicant and all existing lines, wires, cables, conduits, and other equipment in the pertinent vicinity of the applicant's proposed installation in the city right-of-way; 5. The specific traffic safety and environmental measures the applicant proposes to use while excavating or obstructing any right-of-way; 6. Any limitations of time applicable to the installation, use or removal of the facilities; 7. The coordination of the proposed facility installation with anticipated or existing encroachments and other construction or improvement in the venue of installation; 8. Traffic and pedestrian safety and control. C. Except as to those matters specifically regulated by the Public Utilities Commission, the Federal Communications Commission, or other state or federal agency, the city engineer shall have the authority to coordinate and prescribe conditions for the installation, use, duration and removal of the facilities and other encroachments by the permittee and its assigns. These conditions may include submittal of record drawings, U.S.A. "Dig -alert" subscription, joint trench cost sharing, screening of aboveground utility cabinets, coordination of work with other agencies or projects, and full cost reimbursement for reasonable and necessary city inspection services during construction. Additionally, the city engineer is authorized to require installation to be made underground instead of an aerial or surface placement, when determined to be feasible by the city engineer and as required by law, and to prohibit or restrict the placement of permanent auxiliary power generators within the right-of- way. The applicant shall be responsible for reviewing city and other public records, and contacting existing city permittees and public utility companies to determine the location of existing facilities that will impact upon or be impacted by the proposed installation, and provide any necessary assurances or provisions regarding noninterference with prior permitted facilities and encroachments. The city reserves the right to require the permittee to pay the reasonable costs of hiring an inspector or supervisor to oversee the work and protect the city's interests during facility installation. D. Issuance of a permit does not constitute a representation by the city that subsurface conditions are accurately reflected in the records of the city. Each permittee assumes the risk and responsibility for damage to previously installed permitted facilities. Each permittee shall be responsible for repair or reimbursement for damage to or relocation of previously installed facilities necessitated by the installation of its facility. The permittee shall notify the city engineer and any affected prior permittee(s) when repair or relocation may become necessary. E. Each permit shall include a condition that the permittee shall indemnify, defend and hold harmless the city from all liability occasioned from or caused by the installation or operation of the facility, except that arising from the sole negligence or willful misconduct of the city. 5 Ordinance Amending Chapter 13.12 Encroachments F. The city engineer shall host periodic coordination meetings with potential applicants and current permittees regarding pending applications and proposed construction in the various rights -of -way and public places. The format of such meetings may be as provided for by existing franchise or license agreements or as may be determined feasible by the city engineer. The city engineer shall not be responsible for obtaining information for any applicant, but shall make existing information available to an applicant for appropriate research and coordination. G. Whenever an exemption or exception from the requirements of this chapter is claimed by an applicant or permittee under the terms of a statute, franchise, license, agreement or scope of regulatory preemption or final judicial decision, the applicant or permittee shall be responsible for establishing the authority, scope or extent of the exemption to the reasonable satisfaction of the city engineer. The city engineer shall accept particular provisions from franchises and related agreements that are in substantial conformity with the various requirements of this chapter in the administration and issuance of encroachment permits. 13.12.070 Resurfacing of streets. A. In cases of major excavation into city streets, particularly where the street has been resurfaced within three years preceding the work, the permittee may be required by the city engineer to replace an entire lane of travel when necessitated by the scope of the installation of the facility, rather than to just patch and repair the particular trench. For purposes of this subsection A, major excavation shall be any trench cut greater than four inches in width, or any point of repair that exceeds four feet by four feet. The dimensions of the lane of travel shall refer to a pavement width of no less than eight feet nor more than twelve feet. The portion to be resurfaced shall not exceed that dimension that will create a smooth interface between the old and new pavement surfaces. This requirement is imposed in order to maintain the road surface in a smooth, steady state for the benefit of motorists, preserve the structural integrity of the affected surface, and avoid the unnecessary future expenditure of public taxes and monies. Permittees shall be responsible for correcting any settling or bumps that later occur within the repaved portion of roadway, and to refill or recompact and resurface pavement deformities, as may be determined necessary by the city engineer for the maintenance of the road surface. B. In situations where two or more excavators are allowed to separately excavate trenches of minor dimension, which, when accumulated, create a major impact to the road surface comparable to that described in subsection A, the city engineer may require each permittee to obligate itself to pay a proportional share for resurfacing of the entire lane of travel, and, where necessary and appropriate, to post a security deposit or surety bond guaranteeing it will participate in or fund the costs of the resurfacing and related work necessary to maintain and preserve the integrity of the right-of-way. Permittees shall be responsible for correcting any settling or bumps that later occur within the repaved portion of roadway, and to refill or recompact and resurface pavement deformities, as may be determined necessary by the city engineer for the maintenance of the road surface. C. The provisions of this section shall apply equally to franchisees and other public and governmental agencies desiring to excavate in the public right-of-way in National City, except as specifically provided otherwise in the terms of a franchise or related agreement pertaining to street maintenance and repair. Determinations made by the city engineer under subsections A and B shall be based on best engineering and management practice. 6 Ordinance Amending Chapter 13.12 Encroachments D. Notwithstanding subsection A, permittees who benefit from the facility installation may be required to share prorata in the ongoing costs of repair and street maintenance directly caused by the proportionate impacts of the installation and maintenance of their facility in the right-of-way. 13.12.080 Encroachment permits--Revocation--Penalty for violation of terms. A. The city engineer is authorized to revoke an encroachment permit upon determining that the permittee has failed to comply with one or more of the material terms, conditions or restrictions incorporated in the permit or has provided materially false or misleading information to the city engineer regarding the encroachment or its installation. $. Upon the revocation of an encroachment permit, the permittee shall immediately discontinue any work and cease and desist from further encroaching upon the public right-of- way or property of the city. The permittee shall remediate the site to an as -near original condition as shall be feasible under the supervision and direction of the city engineer in accordance with code and legal requirements in effect at the time of remediation. Installed facilities shall be removed, unless authorized to be disabled and abandoned in place when determined to be feasible by the city engineer. C. Any permittee who violates any of the terms, conditions or restrictions of an encroachment permit and thereby materially and adversely affects the public health and safety shall be ineligible to receive another encroachment permit from the city engineer for a period of one year following the date of such determination, unless this restriction is waived by the city engineer for good cause. 13.12.090 Encroachment permits --Fees. A. Unless otherwise specifically exempted by existing law or prior franchise, license or other contractual agreement, every person shall pay the permit fee established in the National City fee schedule prior to the issuance of an encroachment permit. B. The permit fee for any application that is not defined in the National City Fee Schedule will be determined by the city engineer based on the following relevant factors: 1. The quantity, nature and impact of the facility proposed to be installed in the right-of-way; 2. The specific date(s) applicant intends to begin- using the facility in the right-of-way, and any corresponding impacts to or upon public services; 3. The future cost to the city of any predictable impacts and accelerated degradation of the street surface caused by the proposed excavation or encroachment, as may be determined by reasonably accurate data and methodology for measuring the pavement's structural response to heavy dynamic loads, similar in magnitude and duration to those produced by moving traffic; 4. The actual or reasonably estimated cost to the city of staff time required to ensure the safety of the roadway, the coordination of the application with other applications, and proper restoration of the street surface; 5. Whether the timing of the encroachment can be coordinated with an existing or proposed excavation or encroachment in the same location by the city or another applicant without causing unreasonable delay; and 7 Ordinance Amending Chapter 13.12 Encroachments 6. Any other expense that is reasonably related to the additional cost that the city may incur as the direct result of the application or as allowed under law. 13.12.100 Nonexclusive use of right-of-way. A. Encroachment permits are nonexclusive. Any permit issued by the city under this chapter which permits the applicant to excavate, construct or remove improvements or facilities, or grade or encroach within any public right-of-way also permits the city to utilize the right-of-way for its own public purposes during the same time period as the applicant's use. The city may extend the time period of the applicant's proposed use of the right-of-way to suit the city's own public purposes. The city engineer may require a permittee to allow others to utilize the excavation for placement of their separately permitted facilities when justified and necessary, upon payment to the permittee of the proportional share of avoided expense together with any additional expense necessitated by such accommodation, provided such accommodation is feasible and does not delay or adversely impact the permittee. Joint trench agreements under this section shall be required prior to commencement of construction. B. Permittees shall not interfere with facilities installed under prior permits, unless arrangements satisfactory to the city engineer and the prior permittee are made to protect or relocate the prior facilities at the expense of the subsequent permittee. Notwithstanding, the city shall have the right to remove, relocate or displace any previously allowed or permitted encroachment without liability to a permittee when necessitated by public emergency or the city's exercise of its police power. C. Permittees who fail to provide accurate record drawings to the city engineer shall be financially liable to the city for any of the city's construction delay costs directly caused by misidentified facility locations installed by the permittee or its contractors. 13.12.110 Appeal. • Any person who is aggrieved by the city engineer's decision with respect to the issuance, denial, or revocation of an encroachment permit or the imposition of a fee or condition under this chapter may appeal to the city council within ten calendar days after receiving notification of the city engineer's decision. A request for appeal must be filed with the city clerk, and a hearing before the city council will be scheduled within a reasonable time after the filing of the appeal. 13.12.120 Assignment or enlargement of encroachment permits or facilities. Assignments or enlargements of encroachment permits or facilities without authorization of the city are void. Assignment shall not excuse the obligation of the assignor to perform all terms and conditions of the permit and this ordinance, notwithstanding the assignee's assumption of the same. 13.12.130 Safeguarding of proprietary information. Applicants subject to this chapter shall provide all information required by the city, except that which is expressly exempted by the terms of Section 13.12.060(B). Except for maps and construction drawings showing the location and dimensions of proposed and installed facilities, an applicant who wishes to declare any portion of required information to be "proprietary information," shall identify the same by notation in the applicable sections of the application or questionnaire 8 Ordinance Amending Chapter 13.12 Encroachments and provide the information to the city engineer in a separate sealed envelope or container clearly identified as "PROPRIETARY INFORMATION," together with information identifying ownership. Maps or construction drawings showing location and dimensions submitted or processed for a permit under this chapter may not be designated proprietary information. The city will either retain properly identified information separately in a secure facility, or return such material to the applicant without retention of a copy after having conducted its analysis. Properly identified proprietary information retained by the city will not be released by the city under the Public Records Act (Government Code Section 6250, et seq.) to any source without prior 'notice to the applicant, except upon receipt of a dilly authorized court order. Applicants or permittees will be offered the opportunity by the city to intervene and represent the applicant's or permittee's interests in protecting said proprietary information; if the opportunity is declined, then the city shall thereafter have no further obligation to protect or defend the non -release of the designated proprietary information or portions thereof. It shall be a condition of any encroachment permit issued that any proprietary information previously returned to an applicant that was relied upon by the city in framing the terms and conditions of a permit shall be conclusive and binding as to applicant and not contestable in any subsequent administrative or judicial proceeding involving the permittee regarding that permit 13.12.140 Possessory Interest Taxes. By applying for and accepting any permit issued pursuant to this Chapter, the permittee acknowledges that notice has been given pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property may cause certain possessory interest taxes to be levied upon such interest. The permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against its right to possession, occupancy or use of any public right of way or property created by any permit, Franchise or License. 13.12.150 Violations and enforcement. Violation of Section 13.12.030 or 13.12.080(B) is a misdemeanor. Each day a violation exists is a separate violation, and each violation may be charged as a separate offense. Violations may be enforced by civil, criminal or administrative measures, or combination, as provided for in Title 1 of this code. PASSED and ADOPTED this day of , 2002. George II. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk air George II. Eiser, III City Attorney 9 Ordinance Amending Chapter 13.12 Encroachments EETING DATE July 16, 2002 City of National City, California COUNCIL AGENDA STATEMENT 16 AGENDA ITEM NO. ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A PAWN SHOP IN THE HIGHLAND PLAZA SHOPPING CENTER AT 1050 HIGHLAND AVENUE, SUITE E (APPLICANT: NIGAL, INC./EXPRESS FINANCIAL SERVICES) (CASE :FILE NO.: CUP-2002-12) PREPARED BY Jon Cair DEPARTMENT Planning EXPLANATION The project site is the Highland Plaza shopping center, adjacent to the former Fedco parking lot and just south of Plaza Boulevard on Highland Avenue. The 1.36-acre site is in the CG General Commercial zone and contains 12,500 square feet of building space. This proposal is for the south -most suite in the building at 1050 Highland Suite E, the former site of My Bridal Gown. This is an older shopping center with an awkward parking layout where drive aisles directly abut the sidewalk. The applicant, who currently operates five pawnshops in the City of San Diego, proposes a 1,450 square foot pawnshop at the site. Only minor interior improvements are proposed. The applicant expects the primary items pawned and available for sale to be jewelry, household electronics, and tools. Anticipated store hours are 9:30 a.m. to 6:30 p.m., seven days a week. There was no testimony in opposition to the project at the Planning Commission hearing on the item. The Commission reviewed comments from CDC staff expressing concern regarding the proposal, and they discussed the potential impact of the use on redevelopment activities in the area. The proposed use is in close proximity to other businesses not generally perceived as high quality, such as a check - cashing business. The Commission also discussed the applicant's strong track record in San Diego. Commissioners approved the permit with a five-year expiration date. Conditions of approval require compliance with Municipal Code sections regarding pawnshops, allow the Police Department to initiate revocation of the permit, and prohibit dealing in firearms. Environmental Review X A Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff recommends that the item be set for a public hearing. 1 ON RE OM DAT e ion. Vote: Ayes — Valderrama, Ungab, Parra, Reynolds Nays — Flores, Baca, Graham IT. PA MniAstda i% ho. 16-2002 2. Location Map 3. Applicant's Site Plan 4. Site Photos A-200 (9/80) Account No. Resolution No. RESOLUTION NO. 16-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A PAWN SHOP IN THE HIGHLAND PLAZA SHOPPING CENTER AT 1050 HIGHLAND AVENUE, SUITE E, ADJACENT TO THE FORMER FEDCO PARKING LOT APPLICANT: NIGAL, INC./EXPRESS FINANCIAL SERVICES CASE FILE NO. CUP-2002-12 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a pawn shop in the Highland Plaza Shopping Center at 1050 Highland Avenue, Suite E, adjacent to the former Fedco parking lot at a duly advertised public hearing held on June 17, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2002-12 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on June 17, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the use can be accommodated by an existing suite in a shopping center without any new construction. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since it is located on Highland Avenue, an arterial street which is operating beneath capacity, since the proposed use is not anticipated to generate higher traffic levels than the previous use, and since the project proposes no changes to the existing driveway access to the street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it will function as a typical retail use in an existing shopping center and is not expected to create new impacts. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide a service that is in demand among consumers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a pawnshop at 1050 Highland Avenue, Suite E. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. CUP-2002-12, dated 5/9/2002. 2. Plans submitted for Building Permit must comply with the 1998 editions of the California Building, Mechanical, Plumbing, and Electrical Codes and the California Title 24 handicapped and energy regulations. 3. The deteriorated portions of the existing street improvements, including 20 feet of driveway and 20 feet of sidewalk along the property frontage, shall be removed and replaced. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 5. This permit shall become null and void if not exercised within (one year) after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 6. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 7. The business shall be operated in compliance with Municipal Code Title 6 at all times. 8. This Conditional Use Permit may be revoked upon the recommendation of the Police Department if the operator is found to be in violation of any state or local law regulating pawnshops. 9. Transactions' involving firearms are prohibited at the site. 10. This Conditional Use Permit shall expire five years from the date of adoption of this Resolution. 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. CERTIfTCATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 1, 2002, by the following vote: AYES: VALDERRAMA, UNGAB, PARRA, REYNOLDS NAYS: FLORES, BACA, GRAHAM ABSENT: ABSTAIN: 100 0 100 200 Feet • PROJECT SITE ZONE BOUNDARIES N A LOCATION MAP 1050 HIGHLAND AVENUE, SUITE E CUP-2002-12 NATIONAL CITY PLANNING DRAM 6/5/02 INITIAL HEARING: 6/17/02 SITE AND FLOOR PLAN 9 05 t15' 85 19 PARKING SPACES 55 55, 82 1050-E #1050- 38 ' 38' 19' 54 17 PARKING SPACES F 'ii' - 23' 276 a? 4, 245' ;4•4 "43 NOT A PART HIGHLAND AVENUE PLAZA BOULEVARD PROPOSED PAWNSHOP LOCATION (FORMER "MY BRIDAL GOWN" STORE) MEETING DATE July 16, 2002 City of National City, California COUNCIL AGENDA STATEMENT 17 AGENDA ITEM NO. ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE IN A MARKET AT 1539 E. 81.11 STREET (APPLICANT: VICTOR'S GROCERIES, INC.) (CASE FILE NO.: CUP-2002-7) PREPARED BY AndreAoskinson DEPARTMENT planning EXPLANATION The project site is an approximately 2,400 square foot market on the northwest corner of Palm Avenue andt8`h Street in the Limited Commercial (CL) zone. It is immediately east of Palm Plaza shopping center. The market is served by a nine space parking lot, which can be accessed from both 8th Street and Palm Avenue. The building is currently undergoing renovation, under an approved Tenant Improvement permit from the Building Department. Renovation includes installation of a grill, exhaust hood, and food preparation tables, and new construction of an approximately 370 square foot outdoor seating area. The applicant has applied for a Conditional Use Permit to sell beer and wine from the market, which will be open seven days a week from 7:00 a.m. to 9:00 p.m. The beer and wine will be displayed in the rear of the store in an area totaling 68 square feet. The alcohol will be sold only for consumption off -site. Additionally, the applicant will sell prepared food during all regular store hours. They are also planning on providing outdoor seating for 28 people, thus their customers would be able to eat the prepared food on -site. Planning Commission held a public hearing on this item June 17, 2002. In all, 10 people, including eight minors, spoke against the proposal, and staff received one letter of objection. The speakers mentioned the high crime and present availability of alcohol in the area. They specifically noted that King Liquor and Value King market, both less than 600 feet to the east, sell alcohol. The Police Department also recommended denial, for the same reasons mentioned by the speakers. Planning Commission voted unanimously to deny the Conditional Use Permit, in light of the high crime and existing availability of alcohol in the area. Environmental Review X NiA Categorical Exemption Financial Statement N/A Account No, STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission deny the Conditional Use Permit. Vote: Unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 17-2002 2. Location Map Resolution No. 3. Site Photograph 4. Site Plan and Floor Plan A-200 (9/80) RESOLUTION NO. 17-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR THE SALE OF BEER AND WINE IN A MARKET AT 1539 E. 8.111 STREET APPLICANT: VICTOR'S GROCERIES, INC CASE FILE NO. CUP-2002-7 WHEREAS, the Planning commission of the City of National City, California considered a conditional use permit application for the sale of beer and wine in a market at 1539 E. 8th Street at the public hearing held on June 17, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff reports contained in Case File No. CUP-2002-7, which is maintained by the City, and incorporated herein by reference; • and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City 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 June 17, 2002 fail to support findings, required by the Municipal Code for granting any conditional use permit, that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City 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 June 17, 2002, support the following findings: 1. That the proposed use will have an adverse effect on adjacent or abutting properties, since the market is located in a high crime area and is thus not suitable for additional sales of alcoholic beverages, and since the presence of an outside eating area on the property could lead to on -site consumption of beer and wine. 2. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since there are both a liquor store and a market which sell alcoholic beverages within 600 feet of the project site. 3. That public convenience and necessity is not served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2002-7. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, 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. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 1, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: PROJECT LOCATION ZONE BOUNDARY NATIONAL CITY PLANN►NG N d�33 05/30/02 INITIAL HEARING: 6/17/02 Project Site L G 60' - 0- 5TORY 8AI/L0/NG Ex/s TiNG . 24ao s0.FT. / O/A N.w+xer P A-R K// G _L O_T ENTABVC[ PALM PAVE. 163 ETH "ST :EAST NFlTIoNFlL CI -Ty, CA. 919so '4°.» nk zisi a co o e' S T. 4 n aRy &TORAGG rgomaa ePAe eaatr (444 fi7) (Ja movkrowra vie erctu�ni�.sY for r 7-0,„L is e SNAIL -GE 6GAC0 RfQ41, 0 City of National City, California COUNCIL AGENDA STATEMENT July 16, 2002 AEETING DATE AGENDA ITEM NO. 18 ITEM TITLE TEMPORARY USE PERMIT - National City Library — National City Celebrates Literacy and Reading is Fundamental Book Giveaway/Chili Cook Off PREPARED audia Caro, Permit Tech. EXPLANATION Building and Safety This is a request from the National City Library to conduct their annual National City Celebrates Literacy, Reading is Fundamental Book Giveaway and 17th annual Chili cook off from 10:00 a.m. to 3:00 p.m. on Saturday, October 19, 2002. The request includes the use of the Library and Community Center Parking lots, the Library and Community Center buildings, the sale of food and drink, portable stage with sound system, game booths, chili and salsa tasting contest and permission to hang banners on city buildings. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. CEnvironmental Review X N/A (-Financial Statement Approved By: The City has incurred $434.00 in costs: $234 in processing the T.U.P. application throughwamertmetty Departments and $200.00 for Public Works. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: National City Public Library DATES OF ACTIVITY: LOCATION OF ACTIVITY: TIME: APPROVALS: POLICE YES [ x ] NO [ ] RISK MANAGER YES [ x ] NO [ ] CITY ATTORNEY YES [ x ] NO [ ] PLANNING YES [ x ] NO [ ] FIRE YES [ x ] NO [ ] FINANCE YES [ x ] NO [ ] PUBLIC WORKS YES [ x ] NO [ ] PARKS & REC YES [ x ] NO [ ] NOTE: HEALTH DEPT WAS NOTIFIED VIA FAX 6/17/02 CONDITIONS OF APPROVAL: FIRE (336-4550) Saturday, October 19, 2002 200 East 12th Street Community Center and Library Parking Lot 10:00 a.m. to 3:00 p.m. SEE COMMENTS[x] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[X] SEE COMMENTS[x ] 1. There shall be no cooking under any canopies. 2. All canopies shall be treated with flame retardant and a State Fire Marshal's tag shall be attached. 3. There shall be no open flames or smoking inside or adjacent to any tents or canopies. No smoking signs shall be posted. 4. Metal cans, with lids, shall be provided for the disposal of charcoal. Cans shall be labeled, " Hot Coals Only". 5. No emergency access shall be blocked at anytime during this event. 6. 2A:10BC fire extinguishers will be required at all cooking booths. 7. Maintain Fire Department access to all fire lanes, FDC's, hydrants and connections. FINANCE (336-4330) 1. If vendors will be present on this event, a Business License is required for each participating vendor. A list of all approved vendors is to be provided to the Revenue and Recovery Division of the Finance Department. PARKS AND REC (336-4290) 1. Will coordinate event with other City departments. POLICE (336-4400) 1. No conditions. 2. Will provide senior volunteers as requested. PUBLIC WORKS (336-4580) 1. Street Division will post "No Parking" signs and provide barricades or cones to close parking (no cost). 2. Facilities Maintenance Division will provide custodian for trash removal (custodian works Saturday) 3. Facilities Maintenance Division to provide electrician for setup of electrical cords (cost approximately $200.00) Type of Event: _ Public Concert Parade Motion Picture Fair _ Demonstration _ Grand Opening Festival Circus Other Actual Event Hours: / Opm to , 3 am/0 Setup/assembly/construction Date: /D f %,f/r )- Start time: h uO r) Please describe the scope of your setup/assembly work (specific details): -6-ii( C`ia 03y Y•O ; �S h v. to2cs f oc-` /e f - G 50u— - 1 yS t -± Dismantle Date:/ ?/D'?i Completion Time: 5- am/31 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. V�� VI - Community 2��� Block Party Event Title: 1. i-I A v, ti? tlL,1 ch-i/ ; `•4` / CO- eo z7 k - V' ta Event Location: (.iJl�'1 l t'JLA IhT(i �y �`) L YJ i(`� C� d p t. r �L�v-Ni l o`%1. Event Date(s): From 0410 2- to trt#10 .- Total Anticipated Attendance: s DO C> Month/Day/Year gb0 Participants) (f/S O pectators) Sponsoring Organization:. /,%ar'mt/ Cfr, / sifiC ki'Ar For Profit / I p ' Not -for -Profit Chief Officer of Organization (Name) f i-n h e v`^1/_1/ Applicant(Name): i3ec-LLy 1 Qy,f1brotA;51- Address: Zv / cO 5J I 1-�h-5 1, N a i C-11 CA C%%CI TO Daytime Phone: ( )336'Z/03 Evening Phone: ( ) - Fax: 4/9) 3 3 t, -03 Contact Person "on site" day of the event: Z e-c42-y M 0.Y f L -c7 LA,z5 1 Pager/Cellular: \5"-' D 7 - Dsi 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? 7Z. YES — NO Are admission, entry, vendor or participant fees required? �. YES _ NO If YES, please explain the purpose and provide�ir amount(s): 'II) ci SSg1 ‘i ill gel-, til 0 q es/ I o-/'Eit e vCfr $ 350 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ / VO Estimated Expenses for this event. $ b 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. TS i—w4,4k P,r) \ C ,L� J p) 4 ook ,,ce 001471S 04\; trc\1 reryLI cc\Pk rz - c 0--Pi x--* �1�► bj ,A� c f s also. trX?V +6?5f. _ 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: I YES 'A NO YES _ NO Will items or services be sold at the event? If yes, please describe: roc P,GviS 6IIr7 h Ov, ` j7 co _ YES 1-NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies a.. D Sizes It, ,1 / t NOTE: A separate Fire Department permit is required for tents or canopies. 1C YES NO Will the event involve the use of the City stage or PA system? Does The event involve the sale or use of alcoholic beverages? 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: rscc, m ' b k0S If you intend to cook food in the event area please specify the method: )& GAS ) ELECTRIC CHARCOAL _ OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: > D Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: L15 o-C +SCA56 Lem :1r15 c v-c� f cr w-K� S 3 Please describe your procedures for both Crowd Control and Internal Security$ e, S°ev,,ioe \[QitA.v. e< �a 1 w (t he• .�J��� a.-- _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES . NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing1First Aid St Staffingand Equipment. '' A Luc:v wo.� i i�I { Di—, it) v.$) Io )1v1 -11�� o a , /v o t _ d Please describe�your Accessibility Plan for access at your event by individuals with disabilities: l P. i l'c& - i ON,vYS P O ve^ W� �- ttt�t `� (ice'v.2(. v^131-1 U) d/\ iD A re-9 ��(�-I-► �,ti,s Please provide a detailed description of your PARKING plan: tvti ; P a�;1A__5 on Cot b4 0,[I a-- p 0.-Arkt� Please describe your plan for DISABLED PARKING: desJ),e. loa S \tt^ ie A Please describe your plans to notify all residents, businesses and churches impacted by the event: A i-, Q I -`P, C a c; UAe, m o.,1€ a+ / i s 9 A�� �I�� -CGA e_-eVewst-a NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: / Number of Bands: Type of Music: G '- YES _ NO Will sound amplification be used? If YES, please indicate: Start time: (b Opm Finish Time J am/ 16- YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: tar pm Finish Time q Ppm Please describe the sound equipment that will be used for your event: To, ti1 -S 4- ibeG ept S uL fl�l�ir1M�' n� _ YES INO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: 175T a,v- ) 0-Anil �rS N • 5p-eci a I i4i v, , Revised 10/3/01 5 For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date Received 6 Y{-\e-YS `ye,f, {�ti Gam, OO._ cP Corr,nr, . CAY. 14' ,Tc%o i CSv,of{Fh I (�cY� � ��•�•� t 38 (vvmtr{ti+�( G+r. �{ r�G�B, J(slote,� `._!•5 l�r}ic{t$t. X.t CCl Q:Z-1-. I 56 C{•.� It-5 I cot W1UN►� oe,N i E4� 4o ci^otYS Dvt i-1-gPr A27 (Kita,eo..) 3 r oi2Y iENT G Try A3•rs T Ai ;I - Ut (2 I.•It Stec 6'irl[j i (4, 3.s.A.ri47-3 :t t fcop ecvrH 2. } I 1 FAG pA.! WTI 1.4 G.- ?... . ttel o rie7u U Ji_ n i'N t� �'r t 2 GI,Iirs C'-4t.. r5 z G4lgirs 1 '2• Gt sirs CA fu DY WALK.= A CAI; ir5 >%Ik LAN - LITGRAGY INFO. G L! RAt- +4 kX. C,t-«i r5 H A G \low N i N •• X- • f2AFFLE, X Psin7 Tn GrAi'F. 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 Afic e,a /_ CLI,h/i c kr 6: may/ Person in Charge of Activity /9-h he, ��/ ) eII a/ Address 4-O0 2; st /. 11n S±eA N q/g47-7 Telephone (lol A) .3 3 b-N3 LLi Date(s) of Use iof i9pa 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 Official Title Date For Office Use Only Certificate of Insurance Approved Date 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? )t 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 _ Type of Organization ro ran (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) 'C, No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? . Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) U Date 9 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE July 16, 2002 ITEM TITLE AGENDA ITEM NO. 19 TEMPORARY USE PERMIT - KIWANIS CLUB OF SWEETWATER- CARNIVAL PREPARED BY Claudia Caro, Permit Tech DEPARTMENT Building and Safety EXPLAWM request from Kiwanis Club of Sweetwater to conduct a carnival on Lot 2 of the Plaza Bonita parking lot. The event will include carnival rides, food booths, games of skill and a candy wagon. The event dates are as follows: Setup dates August 5 -7 9 a.m. -1 p.m. Event (Wednesday) August 7 5 p.m. - 9 p.m. (Thursday & Friday) August 8-9 5 p.m. -. 11 p.m. (Saturday & Sunday) August 10-11 1 p.m. - 11 p.m. Teardown August 12-13 9 a.m. - 6 p.m. Alcohol will not be sold and carnival security will provide crowd control. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review N/A Financial Statement Approved By: The City has incurred $191 in costs for processing the T.U.P. through various Citji'nance Director departments and $50 in Finance Department Inspection costs, totaling $241. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and approve the waiver of all fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 ;9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: APPROVALS: PLANNING FIRE FINANCE POLICE Kiwanis Club of Sweetwater Carnival August 7-11, 2002 YES [x] YES [x] YES [x] YES [x] CITY ATTORNEY YES [ x ] RISK MANAGER YES [x] CONDITIONS OF APPROVAL: NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] SEE CONDITIONS [ ] SEE, CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE, CONDITIONS [ x ] SEE CONDITIONS [ x ] FIRE 336-4550 1. Prior to opening to the public there will be an inspection of the site by Fire Department personnel. Please call the Fire Department when you are set-up and ready to be inspected. 2. All mechanically operated rides shall have at least one 2A:10BC fire extinguisher readily available for immediate use. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. (Christiansen has done this Kiwanis need to submit evidence) 2. Name the City of National City and Parking Authority of the National City, their officials, employees, agents and volunteers as additional insureds on the policy. (Christiansen has done this Kiwanis need to submit evidence). 3. Kiwanis Club of Sweetwater execute standard hold harmless with the Parking Authority as well as the City of National City. (Done). FINANCE 336-4330 1. A $2,500 bond is required for the carnival or circus. 2. A $50 inspection fee is required and a list of all approved vendors is to be provided to the Revenue & Recovery Division of the Finance Department. 3. A Business License is required of all vendors and separate businesses participating or organizing the event including the carnival or circus contractor. POLICE 1. Security as noted on page 4 will be adequate. 2. Mall security will be able to handle perimeter issues on their property. (The San Diego County Health Department has been notified via fax on 6/21/02). be,e Y(.,b to Type of Event: _ Public Concert Parade _ Motion Picture Fair _ Demonstration _ Grand Opening Festival Community Event Circus • Block Party Other rn Event Title: X'w -n/5 e1U6f/ by 5Wee-117.4. 4r/Ie/^ femst� / -the /l Event Location: 30 30 Pest 24_ (4i) 8,71.7� 4. •P` C 1/ D -Eye4 Date(s): From " Actual Event Hours: ' y td, 'ZiSr 00 Total Anticipated Attendance: 300 -SDO a.t / 774( 434 —Participants) ( Spectators) am/pm ee,sl �(Sr fiix� cJ Setup/assembly/construction Date: r/5120a'1- Start time: 9.0007 Please describelibthe scope of your setup/ass�rrbly work (sLpeccific details): 62.44 tDt l O_/�rJ1(J auI L��Lme. t)OD .S Month/Day/Year am/pm to 56 - Dismantle Date: l0o Completion Time: 6: v0 am( rr 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. c6pdnsoring Organization: kI UJGWt / 5 (2/ U 6 pi d W ed-cad eJ For Profit ��E(.r a /Not -for -Profit ,-1 Chief Officer of Organization (Name)—�/Ltaft g. Sfi t I.2 / Lc. i es (d e i - 1i Applicant (Name): #G/•ry i9/e_-/ Cal/ale 2 -/-1-/�.14�J4 -�R//S�In4 04t✓1,l7�_ Address: H2O 54 /'• /`ter-e•- /L4dz,n (�f.! ,!(f // 63- Daytime Phone: 4Iq) 6/77-3334Evening Phone: 0//j L/477' 3 3 No (_J Contact Person "on site" d y of the event: al // efi/^/ St; G1-44 SQ+'1 C1,(/ 7' Pager ellula :(i/q �"LO - g�v<© 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? /YES NO Are admission, entry, vendor or participant fees required? ✓ YES _ NO If YES, please explain the purpose and provide amount(s): '�%'� �s-yfr y T .e- 1 6 e $ /Z., 000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? $ 4./ B-trO $ 3/ 5`00 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. it r n/ v a.e ..vi r/.4.4 "le A T a / Cp k- 2 fie. /k I � 1 , 02 "?�(e-v't /71-2 c .i t /cd.-Q,. Af-e- .iAap/ij Jam}/ [ /2 -Gviv /7� �,�u� ' 2 t ie_A f Ao r2 51 / 7� / 9 Cr > a & eoe- (ity o v �09isL12) _ YES NO If the event involves the sale of cars, will the cars come exclusively from �/A National City car dealers? If NO, list any additional dealers involved in the sale: YES 40 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: eancy UM iYi novelly 6P6? _ YES I NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ✓YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES ✓ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. 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:, klQJOrr'7/ of1,Codt4 qre Gomme_e-ctAl y r / 'e7'e4k/ e%1er- is peep If you intend topook food in the event area please specify the method: . GAS ELECTRIC CHARCOAL OTHER (Specify): n X . ed 14)41041 > Portable and/or Permanent Toilet Facilities Number of portable toilets: (a (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly. dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: / ' �2v Describe your plan for clean-up and removal of waste and garbage duringand after the event: ' e r�cc w / II 4ie G & z4 .o �- -nc �1/y, sk i'sch - 15 e, 7Qr %d/ava 4 414/ 4 o % d-a.7 y 7`racsh r. 5 3 Please describeyour rocedur s for both Crowd Control and Internal S curi d /G�G�-►t dM P ty; /o m% 'X i'.f cyc t� c� w/1! 5vrrou.r+ce, (za--Sy / *ate G4274i�.c4-1te— . f h to Ser_ehN•i 5s 6va t WI/f IVLO'Yu%ta r' Qdits'sssni qae r /17c %- Pte./. 44 e- Ws,/Qts's 44_ &-tr'aJ/el -OW` / op.e %L491,f^5 YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization://11C- ?iy 5Br'J✓/_ee5 Security Organization Address: 22'77 C.-A sal a / #.240 5 7,Ae C4 Security Director (Name):y1si Ai)/der Phone'f _ 5-754 YES NO Is this a night event? If YES, please state how the event and surrounding area will e illuminat d to ensure safe�%of the . particip4t/i/,ya—i s and spectators:e R z ctc.. o7-vr 7 /mil r'a. 4441. 'm v'Aea ,er/04240:4 s Please indicate what arrange ent you have made for pr iding First Aid Staffing and Equip�%ent. arrange"' fB rl t"S 7`h'� 5�� Please describe your Accessibility Plan for access at your event by individuals with` disabilities:ti� Me�S 9 7/^PS S Will L/>d/ fP u) '7' ✓ G1���1 c S Please rovide a detailed description of our PARKING plan: P/47- /. /� a ka.. s G� t�-.r ea iipa4-2( ai e& d iya e '/l agriw vat Please describe your plan for DISABLED PARKING: 7 Le re- t41/ L/ diq 4 4.06 p_ ®iu,'�"" r ZZe perS 0125 Please describe your plans to notify all residents, businessestand churches impacted by the event: �dy,p- ken/ a5 7'7��. /7�5 /P�rii 4 a// vtl•G.er ie7t /A #6, �+r.. /16f/ �p /1m7'/ C L Wi//4- NOTE: Neighborhood Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES /NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: Number of Bands: YES " NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES ' NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES /NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: 544s on lie- ivo c'7A de /i dates4,o p re-on.o /—f 5 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: Kathleen Trees, Director Building & Safety Department Date Received Christiansen Amusements Kiwanis Club of Sweetwater August 8-11, 2002 Ride List Game List 1. Gravitron C-10969 Glass Pitch 2. Hurricane C-17378 Rope Ladders 3. Kamikaze C-17222 Machine (BB) Guns 4. Octopus C-179 Derby Race 5. Scooter C-13577 Water Race 6. Scrambler C-1800 Ducks 7. Sky Diver C-178 Tubs 8. Tilt -A -Whirl C-175 Ring Toss 9. Zipper C-4787 Balloon Dart 10. Bumble Bees C-183 Mini -Basketball 11. Go-Gator C-6636 Cat Punk Rack 12. Hampton Cars C-7102 Bean Bag 13. Hampton Cycles C-7101 Hi -Striker 14. Lady Bugs C-4016 Long Range Basketball 15. Merry -Go -Round C-174 Buoy Toss 16. Tea Party C-17188 Stop Sign Non -Mechanical Fish Bowl 17. Fun Factory 18. Inflatable Super Slide Computer Portrait Food/Candy Wagon All rides OSHA approved. Bold C#'s are Major Rides. Electrical system meets NEC code Article 525. lIkr Rides and games limited to space and availability and subject to change. MEr1s R WESTERN FAIRS ASSOCIATION P.O. Box 997, Escondido, CA 92033-0997 • http://www.amusements.com Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 G c iyf�s. $50``! Plaza Bonita August 8-11, 2002 CHRISTIANSEN AMUSEMENTS Kiwanis Club of Sweetwater Carnival Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, CAA9995 10 Thursday 8 8 5 pm to 11 pm Friday 8/9 5 pm to 11 pm Saturday 8/10 1 pm to 11 pm Sunday 8/11 1 pm to 11 pm Christiansen Amusements is requesting to conduct another family carnival at Westfield Shoppingtown Plaza Bonita just the same as it has in the past, however, this time there will be a joint sponsorship of the event to primarily benefit the Kiwanis Club of Sweetwater. This carnival event is targeted to reach the local community families surrounding Plaza Bonita and provide affordable, safe entertainment for the community and Plaza Bonita customers. Following is a list of rides and games. Not all of the rides and games will be used. The total number selected will depend on the actual layout availability. See the attached plot plan and ride list for details. A) Rides: Adult Rides: Sky Diver, Zipper, Hurricane, Scrambler, Tilt -A -Whirl, Gravitron, Bumper Cars Kiddie Rides: Merry -Go -Round, Cycle & Cars, Go-Gator, Lady Bugs, Bumble Bees, Tea Party Non -mechanical: Fun Factory, Inflatable Slide Bounce, Computer Portrait. B) Games: Glass Pitch, Rope Ladders, Derby Race, Water Race, Grab Bag, Milk Can, Balloon Dart, Mini - Basketball, Long Range Basketball, Hi -Striker, Ring Toss, Stop Sign, others. Christiansen Amusements has made standard policy for the these events the following elements which help make for a safe, enjoyable event for all who attend: 1) A temporary, six-foot cyclone fence surrounds each event with one clearly marked entrance as the only way into the carnival. This prevents random, uncontrolled access to and from the event. 2) Each event features a Security Guard staff that includes 1-2 guards monitoring the admission gate and collecting all admission tickets. Any customers in inappropriate attire or unruly groups are instructed that this is a family event and their actions must be accordingly. Also, 2-4 other guards patrol the grounds of the carnival throughout all open hours to insure safe and proper activity. Christiansen Amusements also has staff and supervisors that serve a security and control function. One final similar element is attendance. Unlike circuses and concerts, the crowds and total attendance are usually limited to a few hundred people at a time and a few thousand people total over the 30-hour weekend event. This means that with the exception of the two or three busy hours Friday and Saturday evenings, crowds and parking and traffic flow are easily monitored and controlled. Christiansen Amusements knows that safety is the single most important element we must provide at our carnivals and we address the issue seriously, professionally and effectively. We will take every precaution necessary at Plaza Bonita to assure a safe and enjoyable atmosphere for everyone. • WPA WESTERN FAIRS ASSOCIATK N P.O. Box 997, Escondido, CA 92033-0997 • http:llwww.amusements.com Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 N9 K97 r11Npa rend MOW 41111/41 YAM �iiIIZli�n [0 0 rry -4 u —� Westfiek[ S H OP PINGTOWN PLAZA BONITA 3030 Plaza Bonita Road, Suite 2075 National City, CA 91950-8007 Telephone (619) 267-2850 Facsimile 1619) 472-5652 June 19, 2002 The City of National City Finance Department 1234 National City, CA 91950-4301 To Whom It May Concern: May This letter serve as official authorization for Christiansen Amusements sponsored by the Kiwanis Club of Sweetwater to hold a family carnival on our Westfield Shoppingtown Plaza Bonita property located at 3030 Plaza Bonita Road, National City, CA 91950. Christiansen Amusements is approved to occupy our property from Monday, August 5, 2002 though Tuesday, August 13, 2002 for set-up, operation and removal of the carnival. The actual event is Wednesday, August 7, 2002 through Sunday, August 11, 2002.. Respectfully, BONITA LP ms General anager CK:ar // a Cl N z3z 1.U.2.21 ff os� au v7 g I 6-� 6a A i 6�l 9q.772j u4,3 s aw v Cdyj au! 7 (7},98 -9EL(Q'7L7 a or 025'3 'ebb )(as °d s.fiy, asnv,/�Ir mas�n-9t9.s+J\? 'oQz )) -9, 4.9r)Vm ( )pan i 3 wrno�. FV2000 ''1a 6-q.Of) a It City of National City 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 the Parking Authority 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. Signal. r of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question�/3. Name of the sponsoring organization <lu��•f s .�nl'A v7C Sul ivader" Type of Organization 5er'd/ee.. ek b • (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? ✓ Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. 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? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? / Yes (Please provide an explanation and details. 00e-ear04 6011 6- rc.447frr afPase. 7 Nor hen c2 &i Co mmurc f is e. • gitldre u Chiu_ s /� , v rjA y L,�uf s» 45 Pa% y a aft ;hatt4L24,a,"A Aosta-wc« AtrsArp s No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature 6C U Date City of National City, California COUNCIL AGENDA STATEMENT EETING DATE July 16, 2002 ITEM TITLE AGENDA ITEM NO. 20 TEMPORARY USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE Claudia Caro, Permit Technician PREPARED BY DEPARTMENT Building and Safety EXPLANATION This is a request from McCune Motors to conduct a three day used vehicle tent sale on lot 2 at the Plaza Bonita Shopping Center, from Friday, July 19- Sunday, July 21, 2002. The hours of the sale are 9:00 a.m. until 10:00 p.m. This event involves the sale of used cars from the McCune lot in National City. D.J. music will be provided for entertainment from 10 a.m. through 6 p.m. during the event. CEnvironmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (999? CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Motors EVENT:t Used Vehicle Tent Sale DATE OF EVENT: July 19-21, 2002 TIME: 9:00 a.m. until 10:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x 1 NO [ 1 SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. 07/02/2002 13:45 FAX Zoo' Facsimile'' V9eStek( PLAZA BONITA DATE: TO: COMPANY: FACSIMILE N MBER: FROM; � PHONE NUMBER: 619 267 2650 NO. OF PAGES: C 3030 Plaza Bonita Road National City. CA 9i950 Telephone (679) 267-2850 Faestmte (619) 472.5652 i3I.JILDNG AND SAFETY DEP• RECEIVED 2002 NATIONAL CITY, CALIF. emf2d co4 -16-1-ee -7/1q.--z2.73 cdai5, 4 The contents of tidis ntisnddyo4� and confidential. unauhrizd use at the contents �hadi. It you have received in error. Please! advise US by telephone (reverse charges) immediately end then shred the document. Thank you. Type of Event: Public Concert Parade _ Motion Picture Fair _ Demonstration _ Grand Opening Festival Circus :Other t ),Szd Community Event Block Party Event Title: '"-IA N t U S t It CFQ Cf_E R 3Lh}3CE_. Sat F Event Location: P L(\Zr (b .1\3.7t (4- EventaDate(s): From 1to ? / 1 Total Anticipated Attendance: �r� Month/Day/Year ( .20 Participants) ( 113C` Spectators) Actual Event Hours: _ Cl_ am 1pm to ) C am/0/m Setup/assembly/construction Date: % t 10 Start time: , Rin Please describe the scope of your setup/assembly work (specific details): Go Dismantle Date: Completion lime: List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: !lca)b;E pleTt23 Chief Officer of Organization (Name) 16 mt.!, Wi C- !M) . Applicant (Name): TC,,k)`iq Address: :13Li O i-i h For Profit Not -for -Profit Daytime Phone: 1'\) )— 1)01 Evening Phone: (fil(i) (f.) -11T) Fax: ( i) LP i. 3110 Contact Person "on site" day of the event: f2 i cLL)08 Pager/Cellular: 61 9 .— 5o a g l e 5 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? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES X NO _ YES NO $)C,O; C Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ JL i,, r) Estimated Expenses for this event. $ \ j jar 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. CIA}N S U5E CAR 1 l SqU r 11-3E ri`A!'llomzii Y 5D0T -f- GP 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: YES )( NO Does the event involve the sale or use of alcoholic beverages? X YES NO Will items or services be sold at the event? If yes, please describe: (561i! tAMLt-S _ 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. _ YES X NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes I X ao NOTE: A separate Fire Department permit is required for tents or canopies. _ 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: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL _ OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security? YES ONO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: YES Security Organization: Security Organization Address: Security Director (Name): Phone: 0 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. GO 2 S oQ(-7._ 'r E2S a H'ab LL%uu, Please describe your Accessibility Plan for access at your event by individuals with disabilities: QC, Q Please provide a detailed description of your PARKING plan: IM2Pq Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: p ilArc. Nu m-i %r \ me.136 ` A- E , tkiwj S Ll NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. Is YES _ NO Are there any musical entertainment features related to your event? If YES, please state the numbaerr of stages, number of bands and type of music. Number of Stages: JU & Number of Bands: !v Type of Music: bc) ,srCT YES _ NO Will sound amplification be used? If YES, please indicate: Start time: o ,gipm Finish Time an)/ j _ YES2(NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES "\NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES •"4 O Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office 'Use OnC-y Department Approved? Yes No Specific Conditions of Approval Date Initial Council Meeting Date: Approved: Yes No Vote: flECEIVED JUN 2, 3 ViR Kathleen Trees, Director Building & Safety Department Date Received 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 NV 6)13E_1,1\01-nt?S ( Person in Charge of Activity b-L1 -b 5 L1.4tri � Address gt�J1" 0 A 0 0A-�._.- �'T ' & Lb °� , C q k9 50 Telephone 4' 19 i.rY7-)--31,k Date(s) of Use 7i 19 _ 2 t 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 Official Title / f Date For Office Use Only Certificate of Insurance Approved Date 7 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: July 11, 2002 TO: Mayor and City Council FROM: Nick lnzunza, Vice Mayo SUBJECT: COMMUNITY CENTER Item # 21 7/16/02 I would like to sponsor a Job Fair, Culinary Arts & Cake Decorating Exhibition put on by the National City Adult School students. This will take place on Monday, August 5, 2002 between the hours of 3:00 — 7:00 pm. They will be utilizing the north room of the Community Center. They would like to have all fees waived. A contact person for this event is Carlos Castillo (619) 336-7037 who works at the school. This is a great opportunity for the students to show their talent to potential employers. cc: City Manager Public Works NI:cho ® Recycled Paper