Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2002 08-06 CC AGENDA PKT
AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - AUGUST 6, 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 REGULAR MEETING OF JULY 16, 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 8/6/02 PAGE 2 INTERVIEWS/APPOINTMENTS City Boards & Commissions — Interview PUBLIC HEARINGS 1. Public Hearing regarding levy of assessments for costs of maintenance — Landscape Maintenance District No. 1 (LMD) — "Mile of Cars" (Community Development Commission) *Refer to Item #24 2. Public Hearing — 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) (Planning) 3. Continuance of 2001-2002 Weed Abatement Public Hearing. (Fire) *Refer to Item # 23 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. 4. Resolution No. 2002-108 A Resolution of the City Council of the City of National City approving salary and benefit adjustments for Confidential Employees for Fiscal Years 2002/2003 through 2004/05, to be effective the first pay period of Fiscal Year 2002/03. (Unrepresented Group) (Personnel) 5. Resolution No. 2002-109 A Resolution of the City Council of the City of National City approving adjustments to the Executive and Managerial Compensation Plan, and implementing the plan for Fiscal Year 2002/2003 for Executive and Management Personnel. (Personnel) COUNCIL AGENDA 8/6/02 PAGE 3 CONSENT CALENDAR (Cont.) 6. Resolution No. 2002-110 A Resolution of the City Council of the City of National City approving Supplemental Agreement Number Two with BDS Engineering to provide the City with engineering and environmental services in order to assist in implementing Jurisdictional Urban Runoff Management Program in compliance with Regional Water Quality Control Board Order 2001-01 (NPDES Permit for 2001-02) and authorize the Director of the Public Works/Engineering to execute the Agreement. (Public Works/Engineering) Resolution No. 2002-111 A Resolution of the City Council of the City of National City awarding a contract to ASSI Security, Inc. for the Civic Center and Police Facility Security and Fire System Enhancements. (Spec. No. 02-6) (Engineering) 8. Resolution No. 2002-112 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Harding ESE, Inc. for the updating of the City's Pavement Management System. (Engineering) 9. Resolution No. 2002-113 A Resolution of the City Council of the City of National City authorizing the Mayor to sign a letter of request to the HCFA Commissioners for Heartland Communications Facility Authority for membership in the Joint Powers Authority between the City of National City and the Heartland Communications Facility Authority. (Fire) 10. Resolution No. 2002-114 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish three-foot red "No Parking" zones on each side of the driveway at 2120 B Avenue. (L. Asay, TSC Item No. 2002-19) (Engineering) COUNCIL AGENDA 8/6/02 PAGE 4 CONSENT CALENDAR (Cont.) 11. Resolution No. 2002-115 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with Rodgers Police Patrol, Inc. to provide park security services at Kimball Park, Las Palmas Park and El Toyon Park. (Parks & Recreation) 12. Resolution No. 2002-116 A Resolution of the City Council of the City of National City approving Supplemental Agreement Number One with Tetra Tech ASL, Inc. to provide the City with engineering and environmental services to prepare and process construction plans and specifications for the bridge removal project on Harbor Drive, and authorize Director of Public Works/Engineering Department to execute the Supplemental Agreement. (Public Works/Engineering) 13. WARRANT REGISTER NO. 03 (Finance) Ratification of Demands in the amount of $496,862.21. 14. WARRANT REGISTER NO. 04 (Finance) Ratification of Demands in the amount of $1,146,787.72. 15. WARRANT REGISTER NO. 05 (Finance) Ratification of Demands in the amount of $161,197.77. 16. Consolidated Cash and Investment Report as of May 31, 2002. (Finance) 17. Claim for Damages: Gilbert Lamas (City Clerk) COUNCIL AGENDA 8/6/02 PAGE 5 CONSENT CALENDAR (Cont.) 18. Claim for Damages: Alex Robles (City Clerk) 19. Street Tree Committee Minutes (Parks & Recreation) NONCONSENT RESOLUTIONS 20. Resolution No. 2002-117 A Resolution of the City Council of the City of National City submitting to the voters an advisory ballot proposal concerning the issue of establishing a Citizens' Police Oversight Commission, and amending Resolutions Nos. 2002-84 and 2002-85. (City Attorney) 21. Resolution No. 2002-118 A Resolution of the City Council of the City of National City authorizing the filing of an impartial analysis and written arguments relating to an advisory ballot proposal concerning the issue of establishing a Citizens' Police Oversight Commission. (City Attorney) 22. Resolution No. 2002-119 A Resolution of the City Council of the City of National City expressing disapproval of the decision of the Ninth Circuit Court of Appeals in Newdow v. U.S. Congress. (City Attorney) 23. Resolution No. 2002-120 A Resolution of the City Council of the City of National City confirming assessment of costs of weed abatement for FY 2001/2002. (Fire) *Refer to Item #3 COUNCIL AGENDA 8/6/02 PAGE 6 NONCONSENT RESOLUTIONS (cont.) 24. Resolution No. 2002-121 A Resolution of the City Council of the City of National City confirming the diagram and assessment and providing for the levy of the annual assessment in a special maintenance district. (Community Development Committee) *Refer to Item No.1 ORDINANCES FOR ADOPTION 25. 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) 26. 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) OLD BUSINESS 27. Request for Qualifications — Legislative Advocacy Services (City Manager's Office) NEW BUSINESS 28. Notice of Decision — Conditional Use Permit for a church in the Highlandview Shopping Center at 914 E. 8th Street. (Applicant: Wade Cutler) (Case File No. CUP- 2002-15) (Planning) COUNCIL AGENDA 8/6/02 PAGE 7 NEW BUSINESS (Cont.) 29. Notice of Decision - Conditional Use Permit for a Community Health Center at 1419 E. 8th Street, near Horizons Adult Day Health Care Center in the Palm Plaza Shopping Center. (Applicant: Kalusugan Community Services) (Case File No. CUP- 2002-11) (Planning) 30. Request for use of the Community Center by the National City Community Concert •Band and waiver of fees. (Public Works) 31. Temporary Use Permit — St. Mary's Catholic Church — Annual Fall Festival/Fund Raising. (Building & Safety) 32. Temporary Use Permit — National City Chamber of Commerce -Taste of National City. (Building & Safety) 33. Temporary Use Permit — Sweetwater Town & Country Merchants -Fabulous 50's. (Building & Safety) 34. Temporary Use Permit — National City Living History Preserve -Harvest Fair. (Building & Safety) 35. Temporary Use Permit — Sweetwater Town & Country Merchants -Salsa & Country Western Days. (Building & Safety) 36. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) 37. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) COUNCIL AGENDA 8/6/02 PAGE 8 NEW BUSINESS (Cont.) - CITY MANAGER -* CITY ATTORNEY -* OTHER STAFF - -> MAYOR -* CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSIONS CONFERENCE WITH LABOR NEGOTIATORS — Government Code Section 54957.6 Agency designated representatives: Steven Berliner, Esq., Roger DeFratis, Craig Short Employee organization: Police Officers' Association COUNCIL AGENDA 8/6/02 PAGE 9 NEW BUSINESS (Cont.) CLOSED SESSIONS (Cont.) CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION — Government Code Section 54956.9 (a) Regional Water Quality Control Board Notice of Violation No. R9-2002-0134 ADJOURNMENT Next Regular City Council Meeting — August 20, 2002 at 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor July 22, 2002 i Ms. Cheryl Howrey-Colmenero 305 J Avenue National City, CA 91951 Dear Ms. Howrey-Colmenero: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, August 6, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORG H.. WATERS i� MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Y� Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Name: t U K-C y C.._ — C0 /%ii.Pi Q�'U ii� Inc-/ /Birth Date 03 p 3s (Last) / (First) / (Optional) Home Address: 03 a}vier Telephone: Residence ( (4 (C( 4-2-71.& 4 ) ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? ' /) SAN DIEGO COUNTY? ARE YOU A REGISTERED VOTER: YES V� (CR__ (iST) Business/Work ( (0( 9/e y9tC4 ) p NATIONAL CITY? VC) NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A VIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: Related Professional or Civic Experience: Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: DATE: / '—/ ( t / 0 YOUR SIGNATUR RETURN COMPLETED FORM TO : _dilLe4,<,2 7-0 CITY COUNCIL OF N AL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 City of National City COUNCIL AGENDA STATEMENT Refer to Item 24 MEETING DATE: August 6, 2002 AGENDA ITEM NO. 1 ITEM TITLE: PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR COSTS OF MAINTENANCE — LANDSCAPE MAINTENANCE DISTRICT NO. 1 (LMD)— "MILE OF CARS" PREPARED BY: Paul Desrochers, Executive Director EXPLANATION: DEPARTMENT Community Development Commission This is the final public hearing relative to the levy and collection of assessments for costs of maintenance to the LMD. A public meeting was held on July 30, 2002 in these council chambers for the purpose of informing the proposed assesses of the cost and how the cost was divided amongst all property owners in the LMD. Attached to this report is the ORDER OF PROCEDURE for the public hearing. Environmental Review N/A Financial Statement Maintenance costs for fiscal -year 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. J STAFF RECOMMENDATION Conduct the public hearing per Order of Procedure BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Public Hearing Notice 2. Engineer's Report Resolution No. ORDER OF PROCEDURE August 6, 2002 Explanation: The following general outline sets forth an Order of Procedure for the public meeting relating to the Landscape Maintenance District (LMD). The Mayor will announce that this is a Public Hearing relative to tlhe levy and collection of assessments for costs of maintenance and improvements to the L.MD. The City Clerk will make a statement that notice has been given in the manner and form as required by law; a Certificate of Compliance is on file and open for public inspection; and, public notice was provided. The Community Development Director will provide an oral report on the proposed purpose and scope, . the boundaries of the LMD, the Engineer's Report, assessment spread, and number of protests received to date (% of assessed area) and announce that copies have been delivered to each member of the legislative body. The Mayor will ask each speaker to identify themselves and their property and to provide their comments in the following order: Firstly, those who are in opposition to the (a) extent of maintenance work to be done; and (b) method of assessment spread. Secondly, ask to hear from anyone in favor of the proceedings. City Council will provide any discussion over the proceedings, if any. The Mayor will close the public hearing and the City Council can now consider taking action on the item. PROOF OF PUBLICATION (2015.5 C.C.P) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general ciculation, published ONCE WEEKLY in the city of NATIONAL CITY and the South Bay Judicial District, county of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of April 23, 1951, Case Number 182529; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement tllereof on the following dates, to -wit: 7/19, 7/26 all in the year 2002. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 26th day of July 2002. T� Signature Q (.� PRINCIPAL CLERK Q�Y1.1� This space is for the County Clerk's filing stamp. Proof of Publication of NC13917 Resolution RESOLUTION OF THE CITY COUNCIL OF THE CfFY.OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIMEAND PLACE FOR PUBLIC, MEETING AND PUBLIC HEARING- THEREON WHEREAS, the City Council of the City. of Na- tional City has -previously formed a special mainte- nance district pursuant to the terms of the "Land- scaping 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 speciaalI1� maintenance districtl known and designated as Landscape Maintenance -District No.1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and, WHEREAS, at this tim the City Council is desir- ous to take proceedings t 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 ap- toyed by this City the As- sessment Engineer's Re- port ("p"), qurred bRey.theort 1972as andre- Article XIIID of the Consti- tution ("Article Y;IIID"), and this City Council is desirous of continuing with tl)e, proceedings for said annual levy. NOW, . THEREFORE, - BE IT RESOLVED by the City :Council of -the City, of Na- -_fional City as follows: provements -generally de scribed as set forth in Ex hibif 'A" attached hereto ! and incorporated herein i 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 'Main- tenance District, which Maintenance District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, refer- ence is made to the boun- dary', map as previously approved by this legisla-- tive°body,, a copy of which. Fis on file fit the Office -of. the City Cletk and open for public inspection,' and is designated by the name of this Maintenance District. REPORT OF: ENGINEER Section 4., That the "Re- portof the.f=ngineerri as preliminarily:- approved by this legislative body, is on file with the City Clerk and open for public inspec- tion. Reference is made to said "Repot -for a full and detailed description of the improvements to be maintained, the bounda- ries of the Maintenance District and any zones therein, and the proposed assessments upon as- sessable lots and parcels of land within the Mainte- nance District. RECITALS . PUBLICMEETINaAND Section 1. That the land correctPUBLICHEARING/ above recitals are all true PROTESTS ` Section NOTICE'IS DECLARATION UEFIEBY GIVEN :THAT'A OF INTENTION PUBt 1GE EET) �4kNf? A Section 2. That the pub he interest and conven PUBLIC-�lEARg'�ARE lance requires, and < it isi HEREB§ itEti E1N the intention of this legis P ACE Di1G labve body, to levy; and, TIVB1 'BEI '-THE coiled ssessments to COUNCILMB€RS,' pay the- annual costs and . CITY < HALL, "1243 NA- expenses for the mainte ' TIONAL CITY BLVD.."NA-: nance .and/or Servicing' of { "'NL Y CALIEO the improvements for the TANIA ON THE'CITFOLLOWING above referenced Mainte ,, TIDOAESAND TIMES: nance District, said im A, PUBLIC MEETING; Jll LY 30, 2002.AT 5:00 P.M. - FL' .PUBLIC HEARING: 'AUGUST 6,`2002-AT- 6:0D S ON, SHALL B`€ AFFfT D ED :`tTHE OPPOI*U , TQ HEAR AND BE HEARD. THE `CttY COUNCIL: SHALL CONSID.EJr�L ORAL, STATEMENTS ._ D ;ALL WRITTEN PROTESTS OR= COMMUNleATiONS MADE OR FILELt;ey ANY INTE}3ESTED`PERS.0 NC139t7 7fl '6/02 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 BLVD., NATIONAL CITY, CALIFORNIA, ON THE FOLLOWING DATES AND TIMES: A. PUBLIC MEETING: JULY 30, 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. 07/11/2002 10:27 858-571-32e" NASLAND ENGINEER7' 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 Engineers 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 1. 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 rf E Z l Z° o't— Nasland Engineering Assessment Engineer City of National City State of California No. 2312E 11-r'-os Club. 07/11/2002 10:27 858-57 1241 NASLAND ENGIP-RING 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 o Lighting system o Graphic panels, banners and signage • Painted crosswalks • 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 Colored concrete sidewalks and mow curbs o Street furniture A general description of the maintenance to be performed on such improvements is described as follows: ' 1. Citmeral Plant Maintenance o Mowing, trimming, pruning and weeding ▪ Watering, including water usage • Fertilizing • Plant replacement 2. Maintenance of Irrigation System o Adjustment of timers • 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 10:27 858-571-32' NASLAND ENGINEERT ' PAGE 04 o Bulb replacement • Repair/replacement of worn out or malfunctioning equipment o 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 10:27 858-57 3241 NASLAND ENGIt' RING PAGE 05 . PART II Cost Estimate for FY 2002 - 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 FIBII. 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 $55,600 $43,100 07/11/2002 10:27 858-571-32'` NASLAND ENGINEER?' 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 further 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 10:27 858-57 1241 NASLAND ENGIN-RING 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 Amnial Maintenance $54,400 $42,200 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 10:27 858-571-32," NASLAND ENGINEERI`' PAGE 08 The assessments are those as confirmed in Column 1, unless a different figure appears in Column 11, as modified. Assessment Number 1 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 56? 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 2,33535 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 1,564.35 2,123.05 3,251.62 0 98,700.00 II Assessment as Confirmed 07/11/2002 10:27 858-57 3241 NASLAND ENGIP -RING 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: J ,r r Z b, t oo 't. Nasland Engineering (jt/.. 4 Assessment 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 Sts 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 10:27 858-571-32'" NASLAND ENGINEER?'". 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 in 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 10:27 858-5- 3241 NASLAND ENGIF'--RING 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: ) , E z 6, 7— c, Nasland Engineering jez Assessment Engineer Ciry of National City State of California 07/11/2002 10:27 858-571-32'" NASLAND ENGINEERINq 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 i ssge • 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 a., . Bulb replacement 2. 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 $24,000 0 2,740 Incl. in items 1 & 2 14,500 Incl. in item 5 0 500 0 0. 0 0 Incl. in item 1 IncL in item 1 500 0 TOTAL: S54,400 S42,200 ISE4 N THE OFTICE Of THE COI WIN OF TTIE WY OF HADENAL WY DHE MY CO* 11➢0, air (AMA WY OF WORN 011, STATE Of CALSCO M RECCWJEC T1 DE Ono Cr TN SJPERMIEHOEM IN NAME Cr NE WY SF NATION 077 THIS _DAY Of ISSL 9JPElixtENDENI At STAEEIS Alit CE RADON 01Y 9TAX Of CAJ%COMA AR &SNOWSUIT WAS YEYCD BY THE CITY CDLMCIL ON THE LDq, FECES, AO OAKEN Of LAHD 91OIi Of TE:S ASSEIEDIENI CWOtAt& SW A55EYaXMT wA$ tEMO Alt TEE___DAT Of 1➢➢11 SAD ASSESSIWO OEAH D THE AITE55HIHr ARIT➢ ACmit AME0290E6 IN THE Witt Co ME 51PERHICNDEM Or SO➢EtTS Of SND C11Y CH TtE_O1Y Of 1➢➢6. ➢DE➢DI& 6 HACE TO 'llt ASRSTMEHT RDI 9ECOODED ➢I THE VOCE Of THE iiSitititatlittill Cf 5T➢CETS tCA ME EXACT AYDOM Or EACH AMtES$H[HT LLNEO AWAST CADI PARCEL Or LAIN SWOON ON 1HY A15C59ZHT DIMORA% OTT CLEAR Wr Of NATIONAL Olr YIAE[ Or CAUtWMA DEED 11+5 -OAT Cf 19E1, AT THE HOJA Ef-01:1001 —AL N BOOR __Of YAPS Or A55E59JE10 AND COJmaINITY fACSJ105 11117111E1S IN THE COME Of THE COUNT ➢ECOICMA CF 711E COATI Of SAN CNN, CM AN& COUHIY MOWN CCRIIT Of RAN ONO SIAIE Of CM1fORHIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEOO STATE OF CALIFORNIA 0 . SSO-210-m 121' I14 NATIONAL A DW-tI)-4D aTY BOu-EVAAD O 510-211-06 EAC • 1 O J/D-771-A 70ff V Sr F Q 560a21-IA 91' D1q{ 7S' TH. 36D-2113-0) O IS'! 5611-:O4-03 O LIf 160-704-02 O Lap 110-J91-01 . C) 160' 11110-303-04 O CII2 = 1N7NNOMY Of OSTACI REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-42 MO 11e 1PP !!1 � q7 ACE At AOSCII NW IAUFA TO A5SE51OY'9 PARCEL 4.0S fel EMT IMHLOCS NOT SHOW NASLAND ENGINEERING ITO IE EI RIM, fu P.p. MO Itlll n ID6 LZ:Oi Z00Z/ii/L0 -DU. __L5-858 A r- 2 2 H 1 H m I -a w 07/11/2002 10:27 858-571-3244 NASLAND ENGINEERIFs PAGE 14 i ®a b y(3-T0O-O7 3011 3aN 001-310-00 501-Iao-3 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT N0. I (MILE OF CARS) Crrr OF NATIONAL crrY COUNTY OF SAN DEQO STATE OF CAUFOR 1A O 301-100-33 127' IDS' 303-15a-11 7AANBP0ATATI0N MENU! • RZ V 001-131J7 5117-331-3a aor far NATIONAL CITY I 1yy' a01-03O-13 30I-130-31 503-331-07 iar EC UEVAID AST -371-OS TO' la0 314 533-330-II (><TIPoOa 11034ONh' Of D T10OT 503-330-33 ai E011 TrOOpO0pq6Y1N1VVASS5 SS FOOT. 1 a[31t_TOA SONG. YMSM/W DP[STIIYrY On NOT 95C4MI.fi ( 100 m REVISED 6-1-96 REVISED 6-11-97 REVISED 6-19-02 NASLAND ENGINEERING TN1 L Saw Sam bop 01. rA • 14•M1730 LZ:9I Z00Z/II/L0 IbZ£• 9NI2ii,9I9N3 QNtf1SVN MEETING DATE August 6, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 2 ITEM TITLE PUBLIC HEARING — 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) DEPARTMENT Planning PREPARED Jon Cain' ELA ATION The Council soft this item for hearing at the July 16 meeting. The attached background report describes the pawnshop proposal in detail. Environmental Review X WACategorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff recommends that the Conditional Use Permit be denied. Account No, _BOARD /.COMMISSION RECO N TION I he Planning CommissiOn approve e uu i ional Use Permit with a five year time limit. Vote: Ayes — Valderrama, Ungab, Parra, Reynolds Nays — Flores, Baca, Graham La 2. Planning Commission Resolution No. 16-2002 (with findings and conditions for approval) . Possible Findings for Denial IAT3ackgrround Keportt`istes! Below ) 4. Location Map Resolut$ ax .,. ication__._...___- 5. Notice of Exemption 9. Applicant's Plans 6. Department Comments 7. Site Photos A-200 (9/80) BACKGROUND REPORT The project site is a 1.36-acre shopping center on the west side of Highland Avenue, south of Plaza Boulevard, adjacent to the former Fedco parking lot. This center is in the CG General Commercial zone and contains 12,500 square feet of building area, currently occupied by a variety of retail uses. The 1,450 square foot suite at the southeast corner of the building formerly occupied by My Bridal Gown would be used for the proposed business. This older shopping center has an awkward parking layout with parking drive aisles directly abutting the sidewalk on Highland Avenue. The site is in a commercial area with some less desirable uses nearby, including a check cashing business to the north and a discount bazaar across Highland. The proposed use is a Pawnshop operated by Nigal, Inc./Express Financial Services. The applicant currently has five businesses in San Diego. The primary items pawned and available for sale would be jewelry, household electronics, and tools; the applicant does not deal in firearms. Anticipated hours are 9:30 a.m. to 6:30 p.m. daily. In addition to the Conditional Use Permit (CUP) requirement for this zone, the Municipal Code regulates pawnshops citywide. The Code requires all goods received by the business to be reported to the Police Department. Based on discussions with the San Diego Police Department, the applicant has a history of keeping good records and cooperating with law enforcement. The General Plan encourages revitalization of commercial areas and high -quality retail activities. As mentioned above, there is a concentration of less desirable uses in this area. Furthermore, there is a historic stigma associated with pawnshops as a potential channel for stolen property and magnet for undesirable persons. Consequently, approval of a pawnshop in this location may affect the ability to draw further investment in the area. At the Planning Commission public hearing on the item, there was no public testimony in opposition to the project. Written comments in opposition to the proposal from Community Development Commission staff were considered. The Police Department declined to comment on the proposal, though they noted that State law strictly regulates the use. Commissioners discussed the appropriateness of the use and its potential negative affect on redevelopment activities in the area. Some Commissioners stated that they would prefer to see a different use there when the adjacent area is redeveloped with the proposed Wal-Mart. The City Attorney's office indicated that a condition tying the CUP to redevelopment activities would not be workable. The Commission voted to approve the project with a five-year time limit. Possible findings and conditions of approval are included in the attached Planning Commission resolution. The conditions adopted by the Planning Commission require compliance with Municipal Code sections for pawnshops, allow the Police Department to initiate revocation of the Conditional Use Permit, and prohibit dealing in firearms. Standard building code requirements along with the repair of 20 feet of damaged sidewalk and driveway in front of the property would also be included. Possible findings for denial based on the project's potential to create an over -concentration of uses of marginal quality and impede redevelopment activities are also attached. 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. CERTI'IWATION: 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: POSSIBLE FINDINGS FOR DENIAL 1. That the proposed use will have an adverse effect on adjacent or abutting properties, since the use will be located in an area where other uses of marginal quality are concentrated and may contribute to existing blighted conditions. 2. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since it is not a high -quality commercial use encouraged by the General Plan and since it may impede redevelopment activities in an intensively developed, centrally located business area of the City. CENTRAL ELEMENTARY FEDCO SITE 100 0 100 200 Feet PROJECT SITE - - - ZONE BOUNDARIES LOCATION MAP 1050 HIGHLAND AVENUE, SUITE E CG Cu P-2002-12 NATIONAL CITY PLANNING Ammiminsi DRAWN: 6/5/02 INITIAL HEARING: 6/17/02 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2002-12 Project Location: 1050 Highland Avenue Suite E Contact Person: Jon Cain Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: The proposed project is a conditional use permit to allow a pawn shop, which would be operated by a private company. Applicant Name and Address: Israel Adato Nigal, Inc./Express Financial Services 561 E. San Ysidro Blvd. San Ysidro, CA 92173 Telephone Number: (619) 428-8003 Exempt Status: 0 Statutory Exemption. ® Categorical Exemption. Class 1, Section 15301 (Existing Facililties) n Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This project involves the use of a suite in an existing shopping center. No construction or expansion of the shopping center is proposed other than tenant improvements at the existing suite. Date: Jon Cain Associate Planner ® Recycled Paper ' 2 0 2002 MEMORANDUM COMMUNITY DEVELOPMENT COMMISSION May 20, 2002 To: Roger Post, Planning Director Via: Jon Cain, Associate Planner From: Paul Desrochers, Executive Director Re: Case File No: CUP-2002-12 Thank you for the opportunity to review the application for a pawnshop at 1050 Highland Ave. The proposed use is in an area that is in need of redevelopment; to put a new use without considering reconfiguration of the property is not in the city's best interest. In addition, the present environment (age & looks of the building) with a pawnshop would be detrimental. The use in the proposed location will not revitalize this key parcel of land. While a pawnshop may be of service to the community, customers should be able to conduct business in more presentable surroundings. In addition, parking is poor now, ingress and egress problems exist, and with the opening of Wal-Mart the traffic congestion will increase unless the entire parcel is reconfigured. I have meet with the owner several times and he has expressed a willingness to redevelop the subject property. Basically, redevelopment will entail demolition of all existing buildings and reciprocal access and parking agreements with Wal-Mart. The long-term stability of this area requires these measures. Until such a plan is implemented, I could not agree to the proposed use. June 12, 2002 TO: FROM: City of National City \ Cif Building and Safety Department '1" 1243 National City Blvd., National City, CA 911950-4301 (619) 336-4210 Fax (619) 336-4217 Planning Department Kathleen Trees adliat-e-4A-\ Building & Safety Liepartment SUBJECT: CUP-2002-12 1050 Highland Ave. Plans must comply with the 1998 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Recycled Paper ��., City of National City " Department of Public Works 2 1243 National City Blvd., National City, CA 91950� { `IU�Z (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 May 23, 2002 ENGINEERING REQUIREMENTS FOR PAWN SHOP AT 1050 HIGHLAND AVENUE To: Jon Cain, Associate Planner From: Adam J. Landa, Assistant Civil Engineer r>Ptg— Via: Stephen M. Kirkpatrick, Assistant Director of Public Works /Engineering Subject: PAWN SHOP AT 1050 HIGHLAND AVENUE 1. The deteriorated portions of the existing street improvements (sidewalk 20' and driveway 20') along the property frontages shall be removed and replaced. 2. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. AL:jha pawn Recycled Paper PROPOSED PAWNSHOP LOCATION (FORMER "MY BRIDAL GOWN" STORE) APPLICANT'S EXISTING BUSINESS IN SAN DIEGO NATIONAL CITY, CALIFORNIA APPLICATION for x Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR ��DffEP'ARTMENNT.,USE ONLY Case Number CARP " �- .X12_ Filing Fee $ Receipt No. Date Received J 02— By .—, E.A.F. Required NO Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) FOR LOT 14 1/4 SEC 154 RANCHO DE LA NACIO MORRILL MAP MAP NO: 000166 PARCEL #556-560-44-00 PROPERTY LOCATION 1050 "E" HIGELAND AVENUE No. Street between 1020 and 1050 HIGHLAND COMBINED GENERAL PLAN/ZONING DESIGNATION CG Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: PAWN SHOP. RETAIL SAT F OF JFWFT RV , T(X)T S AND FT ,FY'TRONTCS AND PAWN—RFT,ATFD MERCHANDISE PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). MITCHELL INVESTMENTS Name: ROBLuCI' L. SHAPIRO Pres. Name: Signature (Signaure acknowleiges that is application is being filed) Signature (Signature acknowledges that this application is being filed) Address: 1827 MAIN STRRFT Address: SAN DIEGO. CA 92113 Phone No. 619/239-9251 Fax No. 619/239-9254 Date: May 9, 2002 Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: NIGAL, INC. aka EXPRESS FINANCIAL SERVICES (Please type or print) Signature: TSRAFT. AnA'ro, Vice President (Signature certifies that the information suFmitted with this application is true and accurate to the best of the applicant's knowledge). Address: 561 F. San Vsi drn 1,11 vrc1 _ , San Ysi rim, CA 92171 Phone No. 619/428-8003 Fax No. 619/690-9303 Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 LAW OFFICES MILCH & WOLFSHEIMER A PARTNERSHIP CONTAINING PROFESSIONAL CORPORATIONS JAMES S. MILCH, A P.C. LOUIS M. WOLFSHEIMER, A P.C. OF COUNSEL TO PROCOPIO. CORY, HARGREAVES & SAVITCH LLP May 8, 2002 530 B STREET SUITE 1850 SAN DIEGO, CALIFORNIA 92101-4469 TELEPHONE (619) 231-9933 FAX (619) 231-8179 Mr. Jon Cain Assistant Planner National City Planning Department 1243 National City Boulevard National City, CA 91950 3 Re: CUP: 1050 E. Highland Avenue, National City, California Dear Mr. Cain: Attached to this letter is an application for a Conditional Use Permit for a store located at 1050 E. Highland Avenue. The use requested is for a pawn shop which will involve, additionally, retail sale of jewelry, tools and electronics and pawn -related merchandise. Included with the application, which has been signed both by the owner of the property, Mr. Robert Shapiro, and by the applicant, Mr. Israel Adato, are twenty copies of a site plan showing the building in which the proposed use is located and twenty copies of the interior layout of the proposed shop. We have also enclosed photographs of a similar facility, owned by the applicant, located at 1530 Palm Avenue in the City of San Diego. The applicant owns five pawn shops in the San Diego area and enjoys a positive reputation within the community. Just recently Mr. Adato was nominated as "operator for the year" by the San Ysidro Business Improvement District ("BID"). If you or your staff wish to see any of his other stores, Mr. Adato would be happy to make arrangements for a tour of his facilities. In addressing the justification for this Conditional Use Permit, we would submit that this site is distinctively appropriate for the proposed use. Already existing in the same building is a "check cashing store" which provides both a check cashing service and so-called payday loans. The proposed pawn shop facility does not offer those services but addresses some of the same needs and community. Clearly the site has access to the streets and highways and the traffic generated by this facility will be modest. As you know, a WalMart store is being developed immediately adjacent to this site and its traffic flow is appropriate for its use. The pawn shop would, in all likelihood, have as its customers people who will be trading both at the WalMart and at the check cashing store. Because of the retail uses within both the building to be occupied by the pawn shop, as well as the major WalMart facility, there will be no adverse effect on adjacent or abutting properties. Perhaps the most important justification to express is the desirability of the facility to the public. So often the uninformed image of a pawn shop harkens back to `B" movies of the distant past. Pawnshops often are portrayed as dark and foreboding storefronts where all sorts of PI Mr. Jon Cain, Assistant Planner National City Planning Department May 8, 2002 Page 2 questionable activities might go on. In this area of Southern California, especially with the Hispanic population, the pawn shop is a far different institution. It, in most instances, acts as the banking institution providing loans to a lower economic based population who have no real access to traditional banking institutions. Pawn shops fulfill the financial needs of an underserved part of the community. It is our client's experience that some eighty to ninety percent of the items pawned at his stores are ultimately redeemed by his customers. His clientele are able to obtain modest bridge loans at a legitimate facility governed both by State law and the local police. Such loans would not, practically, be available at a traditional banking institution. I mentioned above the regulation by the State and local authorities. Under State law, a pawn shop owner is required to notify the local police almost immediately upon receipt of personal property for pawn. The police then have thirty days to review records relating to possible theft of the pawned item. If it is discovered that the pawned item has been illegally obtained by the customer, the pawn shop must return, without compensation, the pawned item to the person or persons to whom the property legitimately belongs. The fact that the owner of such a shop has no recourse other than to the customer for the money given for the pawned item results in the pawn shop operator being most careful with whom he deals. As I indicated above, Mr. Adato has had a long and positive relationship with law enforcement in San Diego. One police officer in the Vice Department of the San Diego City Police Department has indicated a willingness to respond to your call as to the Department's experience with Mr. Adato. That police officer's name is Officer Patty Margett and her telephone number is (619) 531-2250. I am also enclosing with this letter copies of two articles from The San Diego Union -Tribune concerning pawn shops and their operation. These articles may prove informative to you in your review of this application. Also enclosed is a very recent article from The Filipino Press (May 8- 10) commenting quite favorably on the Adatos' other "express" pawn shops. Please feel free to contact me should you have any questions or should you require further amplification on this application. Yours very truly, M1LCH & WOLF SHEIMER JAMES'S. MILCH JSM:jms Enclosures H:\CLIENTS\NIGAL\Cain.5-08-02.wpd LAW OFFICES MILCH & WOLFSHEIMER A PARTNERSHIP CONTAINING PROFESSIONAL CORPORATIONS JAMES S. MILCH, A P.C. LOUIS M. WOLFSHEIMER, A P.C. OF COUNSEL TO PROCOPIO, CORY, HARGREAVES S SAVITCH LLP Mr. Jon Cain Assistant Planner City of National City 1243 National City Boulevard National City, CA 91950 NATIONAL CITY I3f°. ; T iVi ENT 1a2002 May 29, 2002 Re: CUP-2002-12: 1050 E. Highland Avenue Dear Mr. Cain: 530 B STREET SUITE 1850 SAN,IDIEGO, CALIFORNIA 92101-4469 TELEPHONE (619) 231-9933 FAX (619) 231-6179 Last week we spoke relative to the communication you received from I'aul Desrochers, Executive Director of the Community Development Commission. Mr. Desrochers counseled against the positive consideration of the CUP application because of the Community Development Commission's hope that the property would be redeveloped and the assumption that the lease for the pawn shop would hinder the redevelopment process. I pointed out to you that the lease agreement specifically contemplates the possibility of the lessor remodeling or redeveloping all or any of the overall site to the end that the lessee's use would either be incorporated in any redeveloped project or terminated. Thus it would appear that the issuance of the CUP for the requested use will in no way legally inhibit later redevelopment of the project. Thank you for allowing me to share this additional information. If you do have questions, please give me a call. Yours very truly, JSM:jms H:\CLIENTS\NIGAL\Cain.5-29-02.wpd cc: Mr. Adato Mr. Robert L. Shapiro, President, Mitchell Investments, Inc. misto 4.0"2"4"t'; :".511( • • ••-••,,,,T'• •,T,• • • THE SAN DIEGO UNION -TRIBUNE a THURSDAY, OCTOBER 1, 1998 NANCEE LEWIS / Union -Tribune photos Taking a look: Doris Padgett, owner of Lemon Grove Pawnbrokers, examined the cord of a polishing tool brought in by Paul Zeden, who wanted to sell it. Pawnshops fill urgent needs Customers run the gamut, but all have the same goal of quick cash By Paula Bryant Pratt pawnshop customers defy classifica- tion. An executive driving a Rolls on emp- ty. A teen-ager who pocketed her mother's wedding band for drug money. An employer who hocks his Harley to make payroll. Their only common ground is the urgen- cy of their situation. Pawnbrokers are used to dealing with people in extreme circumstances. And of- ten in the course of doing business, they can help. Doris Padgett of Lemon Grove Pawn- brokers has loaned cash for collateral to women waiting for late government checks and women bailing boyfriends out of jail. "It's not any of our business. But some- times they feel obligated to tell us why On the shelf: This Camel cigarette jewelry box sells for $69.95. they're here," Padgett said. "They often come in in tears. They're already intimi- dated. We try to put them at ease." Pawnbrokers charge roughly 20 percent to 25 percent interest and they hold pawned items for four months, with a 10- day grace period. If a pawnbroker buys an item, he or she has to wait 30 days before reselling it. This is set by the state financial code and the state business and professions code. Local municipal codes mirror state law. California pawnbrokers must report ev- erything they take in to the police depart- ment. And although they must ask clients seeking loans for government -issued photo identification and even fingerprints, pawn- brokers never ask one crucial question: "How's your credit rating?" That makes a big difference to people teetering, for whatever reason, on the fi- nancial fence. See PAWNSHOPS on PageB-2 Pawnshops Customers want money ---:quickly as possible Continued from B-1 "How many people can walk into a bank without established credit and say, "I need to borrow $300?" asked pawnbroker Iry Friedman of College Pawn & Loan. Pawnshops offer their clientele an alternative, acting as "mini - banks" for people squeezing by from paycheck to paycheck. Padgett said her average loan amount is $40, typically pi a piece of gold jewelry, which she puts in a plastic bag and stores in a safe. If the client comes back to redeem the item, Padgett gets the $40 back plus $8 interest and a few dollars in administrative fees. Some people rush back to pay up. Others cut it close. About 25 percent never show up. That's when a prized possession goes up for grabs to local bargain hunters or even international dia- mond and antique dealers. Padgett said her late husband, Dick, a pack rat who realized his dream of opening a pawnshop in 1978, always said that sooner or later, no matter what "it" was, it ..would come through the door of his Top. Pawnbrokers say they have been offered — and have refused — ev- erything from opera tickets and Xe- rox copies of winning lottery tickets to burial plots, stuffed animals, and live pets. Sometimes, deciding whether to take a risk on an item is a tough call. The bottom line is re- sale value. "I have to think ahead four months and 10 days," Padgett said. "Am I going to end up with this and can I sell it?" It troubles her when people don't understand that she can only offer a loan based on an item's market val- ue, not its retail price. "What really bothers me is, you'll have a young couple with a 10-karat gold wedding ring set with a 3-point diamond. They paid $400 for it at a jewelry store, and it's worth a $20 loan. You can just see their disbe- lief." Regulars often pawn and redeem the same item repeatedly for years. Friedman tries to cater to his re- peat customers. Recently, one of his steady clients needed diapers and milk for her newborn, but all she had to offer was an old steno - graph machine. Friedman took in the item and lent her $30. He loaned another woman with four children and a sick puppy $18 for one damaged simulated -pearl ear- ring and some trinkets so that she could take the dog to the vet. But there is always an element of danger in the course of dealing with people on the fringes. Danny Gerrard of the Golden Pawn Shop in El Cajon has been spit on, shot at, beaten up and burglar- ized. Like his colleagues, he has de- veloped a sixth sense for survival. At College Pawn & Loan, Fried- man spots customers who look drunk or high, turning down items from them that he would have ac- cepted from someone else. Because guns entice burglars, and since paperwork surrounding their resale has mounted, Padgett and Gerrard no longer take guns as collateral. "Too much red tape, too many headaches," Padgett said. Friedman, however is still willing to risk it. NANCEE E. LEWIS I Union -Tribune "I'm a dinosaur, I still take guns," said Friedman, whose shop is in the College area. "Most pawnbrokers make a point of knowing their customers," said Patty Margetts, a police code com- pliance officer for the San Diego Police Department's vice adminis- tration. "And most customers want that pawnshop to stay there be- cause that's where their money comes from." Contrary to popular belief, not every pawnshop client is destitute. One man, a paving contractor, lost work during last winter's El Ni- no storms and needed $4,000 cash to pay his employees fast. His bank told him they'd need two or three days to check his cred- it. Instead, he offered Friedman his $20,000 Harley Davidson motorcy- cle. Friedman put it in storage. The violin -shaped cup holder is one of the unusual item- that can be bought at Lemon Grove Pawnbrokers. California ' pawnbrokers , must report everything they take in to the police department and must follow state financial, business and professional codes. Pawnbrokers charge roughly 20 percent to 25 percent interest and hold pawned items for four months, with a 10-day grace period. contractor made payroll and re claimed his motorcycle three weeks later. Clients come from all ages as well as from all income brackets. Often, the older people who come., to Friedman's business are borrow, ing for children or grandchildren. A. statuette of the Virgin Mary was one elderly woman's only collateral: "She said it came from the Old Country, and it had been in the fair , ily for years," Friedman said of the., woman, who appeared to be of Eastern European descent. "I couldn't believe she never came back for it. I kept it past the due date for three months." Now a price tag dangles from the former heirloom. Paula Bryant Pratt is a free-lance writer who lives in the East County. i_' THE SAN DIEGO UNION -TRIBUNE ■ THURSDAY, OCTOBER 1, 1998 Pawnbrokers want to polish image S ii e called conduits for stolen property By Paula Bryant Pratt Pawnbrokers are in the business to make money, not to make allow- ances. As dealers in second-hand mer- chandise, they have a lot in common with Grandma's Antique Emporium down the street. But their license to lend money puts a different spin on transac- tions. Their establishments become magnets for people of all stripes who need cash fast and can't get it a ere else. it clientele is beyond the pale of polite society. And so, by associa- tion, are pawnbrokers. Local pawn- shop owners are concerned about polishing up their profession's tarnished reputation. But not every pawnbroker is straight up. "Pawnshops are a conduit for sto- len property," said Patty Margetts, a police code compliance officer for the San Diego Police Department's vice administration. "There are a few bad apples," she said. Responsible shop owners comply with state and municipal regula- tions, reporting every item they accept as loan collateral on a take -in slip delivered by mail or modem to their local police department at the close of business each day. Once the data arrives, however, it takes days for police clerks to enter the information into the Auto- mated Regional Justice Information System. "There's about a 30-day backlog getting info about take -ins into the police computer system," Margetts said. Once entered, pawnshop collat- eral is matched with items reported stolen. Although both sides admit the computer connection has kinks, it has been working. Stolen posses- sions can often be traced and re- turned. Larry Taylor is one man with a unique perspective on the pawn- shop business. The former San Diego police offi- cer owns two pawnshops, Golden Hill Pawn and University Pawn Broker in City Heights. He agrees that the pawnshop business has changed, but the bad rap hasn't. 'Pawnshop owners were consid- ered second-class citizens by the police," Taylor said. "Pawnbrokers used to be doing things that were illegal — taking in stuff and not recording it. Not getting the ID required." Now pawnshop owners are thrust into a relationship of trust with their communities, Taylor said. "You don't have a police officer staring over your back," he said. "You have to do this (complying with regulations) yourself as an eth- ical business person." Taylor and his colleagues invite police officers to their regular monthly business meetings. "They come in once in a while," he said. "They share how they want pawnbrokers to report items the take in. And pawnbrokers will share information on shady activity. It's a win -win situation." Margetts, the code -compliance officer, has been to a few meetings. She sees the advantage in pawnbro- kers and police officers working to- gether. "Shops that follow the regula- tions and abide by the law can help in recovering stolen merchandise," she said. • Paula Bryant Pratt is a free-lance writer who lives in the East County. 8 THE FILIPINO PRE55 MAY 4 - •10, 2002 Express Pawnshop fetes grand re -opening By DERRICK ARCE IMPERIAL BEACH, CA — Very recently, Express chain of pawnshops re -opened their lo- cation in South San Diego. The grand re -opening eventwas at- tended byExpress' management team headed by Neil Adato. The occasion was graced by people from different communities and media representatives. Express is among San Diego's well respected pawnshops -and has five branch locations across the county. Their services ranges from loans from $5.00- $50,000.00 and offers the lowest interest rate for the first 30 days on pawned items. Express is the largest pawn broker in San Di- ego and has been serving vari- ous sectors of the county for over three decades now. In the Philippines, pawn- shops are one otthe fastest grow- ing businesses. Its service en- compasses financial assistance to people who needs fast cash. Actin.g as reliable lenders, pawn- shops has established credibil- ity and dependability among Filipinos. Here in San Diego, pawnshops are fast :becoming popular not only to Filipino - Americans but to Hispanics and mainstream American market as well. Express' long history of dedi- cation and service to the'com- munity assures you of only the highest quality service there is. What makes Express chain of pawnshops successful is their people. Each associate at Ex- press will be more than happy to help you. -Other than its pawn services, Express Pawnshops also has jewelry "and other item sale at very:reaisoihi'b prices. ;Prom -jewelry to office or'home : 044,4040e ItaCtpoMfes RSPAIAS C$JSTOM UE NGN Top photo shows the management and staff of Express Pawnshop during their grand re -opening held recently at the Imperial Beach branch. equipment, Express is truly the place to go for the budget con- scious. Express hopes to be able. to reach out to everyone in the com- munity and wishes to be able to extend a hand to people who needs fast financial. assistance. The people at Express believes. that their experience -in the in- dustry is truly unmatched and is what made them one of the most popular among other com- petitors. Moreover, the profes- sionalism and dedication of Ex- press Pawnshop personnel has contributed to its unparalleled success and growth. Expresschain of pawnshops are among the most trusted in San Diego. Fast cash, reliable service and has the lowest inter- est rate in town, what more can one ask for? Express Pawnshop will be opening two additional • loi'.atiot2s'•in ClitiieVista and Matto» of Crity . respectively to • further reach out to people liv- ing within those areas. Other developments and expansion programs are set to unfold within this year: Alot of exciting things are happening at Express as they continuously think of ways and means to better serve the com- munities of San Diego. So if you need express cash, Express Pawnshop is the only place to go. South San Diego location is at 1530. Palm Avenue in Imperial Beach. Come and visit Express chain of pawnshops at its various locations open 7 days a week. EXPRESS FINANCIAL SERVICES INTERIOR DESIGN DRAFT NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2002-12 DATE: 5/9/2002 2 y�r 0 vJ1 N901.J 1050 "E" HIGHLAND AVENUE f 1. Lobby - retail area 2. Safes & storage 3. Storage 4. Showcases & counters 5. Counters & data processing — State of the art computers and custom programming — CCTV — Alarm system — Mostly jewelry & consumer electronics — NOT TO SCALE — SITE AND FLOOR PLAN 0s 205 95' 85 19 PARKING SPACES 55 55' 17 PARKING SPACES 82' 82 1050-E #1050- 38' 38 N 27'6' 276' 19' 23' 27'5' 54 e' 617.E^� 224 6' ay,4 NOT A PART HIGHLAND AVENUE PLAZA BOULEVARD A ..dEETING DATE OR/06/02 City of National City, California COUNCIL AGENDA STATEMENT *Refer to Item #23 3 AGENDA ITEM NO. ITEM TITLE CONTINUANCE OF 2001-2002 WEED ABATEMENT PUBLIC HEARING PREPARED BY Donald Condon, DEPARTMENT Fire Battalion Chief EXPLANATION All properties have been resolved with the exception of 1705 Grove Street, APN 561-154-06-00. Pursuant to the National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the Confirmation of Costs Hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the Report and Account. At the conclusion of the hearing, the City Council shall, by Resolution, either approve the Report and Account as submitted or as modified or corrected by the City Council. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION City Council, by Resolution, approve the Report and Account as submitted or as modified or corrected by the City Council. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L.. 1. Fixed Charge Special Assessments. 2. Case history on 1705 Grove Street, APN #561-154-06-00. A-200 (9/80) Resolution No. EXHIBIT „ Parcel Assessment Site Address City of National City Weed Abatement Program Fixed Charge Special Assessments Tax Year 2002-2003 Mail Address 551 480 16 00 $616.98 East of 1002 Delta National City Hughes Charles K 3841 NE Old Belfair Hwy Belfair WA 98528 551 570 13 00 $803.68 1015 E Division St National City 91950 Cazares Irma E 1926 Windmill View Rd El Cajon CA 92020 551 570 15 00 $480.20 1033 E Division St National City 91950 Sanchez Raymundo A;Carmen R Sanchez 1720 Melrose Ave #43 Chula Vista CA 91911 556 103 29 00 $396.68 212 D Ave National City 91950 Miranda German 405 S 36Th St San Diego CA 92113 556 510 58 00 $1,578.66 9Th St National City 91950 Parra Abel P/Lupe;Carver Glenn F 1038 E 8th St National City CA 91950 556 510 59 00 $1,012.08 9Th St National City 91950 Parra Abel P/Lupe;Carver Glenn F 1038 E 8th St National City CA 91950 556 510 60 00 $594.18 Plaza Blvd National City Appel Daniel H;Marlene M Trs 5963 La Place Ct #306 Carlsbad CA 92008 556 590 43 00 $848.90 1133 E Plaza Blvd National City (Vac) North Plaza Trust 02-22-73 1615 Cordova St Los Angeles CA 90007 557 180 01 00 $5,709.82 N Ave National City Knights Express Ltd 3403 Kennelworth Ln Bonita CA 91902 557 390 29 00 $878.14 2105 E 16Th St National City 91950 Kenan Lyle R;Keiko Kenan Mscfe Fpo Seattle WA 98760 561 154 06 00 $9,967.94 1705 Grove St National City 91950 Lee Matthew C 1705 Grove St National City CA 91950 Total Parcels: 11 • Total Assessm $22,887.26 p.01. Lipp 04 CITY OF NATIONAL CITY FIRE DEPARTMENT STAFF REPORT DATE: TO: FROM: June 28, 2002 Randy Kimble, Fire Chief Donald Condon, Battalion Chief SUBJECT: 1705 Grove Street, APN 561 154 06 00 A Mr. Rolando Cota came forward at the City Council meeting on June 4, 2002 in regards to the public hearing to set by resolution the Report and Account of Fixed Charges Special Assessments. He stated that he is the current property owner of 1705 Grove Street and that he had not received any notification or abatement notice regarding his property at 1705 Grove Street. Mr. Cota stated that he had purchased the property approximately two years ago and has not transferred property ownership or title into his name. He also stated that he has not been living at the property and that there had been no mailbox on the property. He gave a contact phone number at the June 4. 2002 Council Meeting of (619) 563-4522 or (619) 267-3368. Mr. Cota did not produce any documentation to confirm is statement of property ownership. The City Council requested that this property go back to staff for further review. The following are the findings of the review regarding the billing for abatement services provided by Fire Prevention Services Inc. on the subject property. History: Initial Field Inspection Conducted 8/7/01 First Abatement Notice Mailed to Owner of Record 8/8/01 Notice Returned (Attempt Unknown) Ownership Verified (SD County) 8/23/01 Re -inspection of property was made (found to be in violation) Property Posted 9/17/01 Final Notice Mailed, Certified Mail 9/18/01 Certified Notice Returned (Attempt Unknown) Ownership Verified (SD County)- 9/27/01 Verified Ownership with County of San Diego 10/1/01 Abatement Authorized by DFM Burriss FPSI Crews Abate Property 10/8-10/01 Property Owner of Record Mailed a Bill for Abatement Services 10/15/01 Property Owner of Record Mailed a Final Bill 0/31/01 Notice of Abatement Filed on Property 11/27/01 Notice of Public Hearing (Regular Mailed, Certified Mail, Posting) Public Hearing Held on Verified Ownership with County of San Diego 10/2/01 5/22/02 6/4/02 6/5/02 Verified Ownership with MetroScan 6/5/02 Verified Ownership with MetroScan 6/25/02 Findings: Property owner of record for this property is Mathew Lee. Title of ownership was transferred to Mr. Lee in January 2000. There is no record of a Mr. Rolando Cota as having any interest in this property. Records research was through County of San Diego and MetroScan. Search was conducted by, title, tax records, property, and parcel. Fire Prevention Services, Inc. and National City Fire Department conducted records search. Review of contract between the City of National City and Fire Prevention Services Inc. (FPSI) indicate that, FPSI has fulfilled their obligations and are entitled to payment. In the event that the City Council modifies, amends or relieves payment responsibility from the property owner the City of National City will be obligated to make payment for services rendered by Fire Prevention Services Inc. Property owner notification was conducted within the prescribed manner laid out and set forth by the National City Municipal Code and requirements as mandated by law. After discussion with Ken Osborn, President of FPSI, he has agreed to accept payment from the property owner over a twelve (12) month period at an interest free rate. Contacted Mr. Cota regarding abatement and notification of tentative council date of August 6, 2002. Mr. Cota stated that he has not contacted FPSI as of yet. I gave him FPSI phone number and Ken Osborn as the contact person regarding his property. He stated that he would contact FPSI. Mr. Cota did say that he purchased the property back on April 19, 2000 and that he had not recorded the purchase. He did state that he has given a copy of the bill of sale to the Building Department when he applied for his permit. He went on to say that he would bring his bill of sale to the Council Meeting with him. Mr. Cota said that his real-estate agent told him he was not required to record and that it would be a good idea to do some things to the property prior to recording. Mr. Cota did state that within the last two weeks he has paid the property taxes. I first spoke with Mr. Cota's brother who stated that Rolando was not in but that he should be in at any time. He went on to say that he is helping his brother rebuild his house and that they have applied for a permit from the Building Department and are waiting for the permit to be issued. Staff Recommendations: 1) That all negotiation regarding the property located at 1705 Grove Street be addressed to the property owner of record. 2) That assessed charges be upheld and reflected on the Fixed Charge Special Assessments for Tax Year 2002-2003. 3) Adoption of City Council Resolution confirming 2001-2002 Weed Abatement Public Hearing Report and Account. Attachments: 1) Photographs of property before and after abatement (Pg 3). 2) Photograph of physical posting of property (Pg 4). 3) Vicinity Map (Pg 5). 4) Parcel Map (Pg 6). 5) County of San Diego Treasures — Tax Collector (Ownership and Tax History) (Pg 7). 6) MetroScan Property Profile — Verification of ownership (Pg 8). 2 APN: 561-154-06-00 • • ".. • • „ APN: 561-154-06-00 POSTING OF PROPERTY 4. _ If 4 0 J -7i 12•&aS‘,-k:9-.„--,r 6'..-. - - \' ,0,- /2\ 0 '" -9-D el17)z3.-„g ts , l„- ) 9Tb 51' O„,..,.,^--,•sI-1 r-' , r >\'.. \ /•c's"\,001‘' , ,I,Lu' A°,c",•,'9-,x,'" ,'..,,'0',,-,,,.-, ‘'1-"C ,;,- \,,,:"sP,Ar'':-n,V:i r‘:,( I a, \t a-\'•r,';\pd'.-'"s'-e_'r;\ p„*1., ..•3-•V094 - \ C./ ,'S0 ,\....-,\,..L.,1 , rn1,,5\ '0-:0.7. \ \ „-p*6--*l -, \ 2'7,...• .-\7N /" e/\Ac--0,-,'\:A:\ -.).v,--z-\ :A.„::t'Y4 ,:`5.i\t" \ ' \ .-\'..,:\6.- vrru_"t"(\u, c'\-,:, c*‘,,::\,•\ - r:1s C,::\a5,i :::?.s:)11,/,,•,.. ..--A'1)"f' 'j ,6 16.1 ) :• P, ..'M...• D BAY PLAZA S)`'-`: ,c..-5\)„,,,.IIN'' T(_9...\-3.., PLAZA ,:;\Z-,r,-c,\„6,,,, A'.0,j,,, :' .' 04:L-0 tu ;4-, v‘ ..• 1' \A e.,1'\lr,,k\,, r-s`./,, ,,' 42, „. ur„1-+ „, .c.., „•(•• C p <0 itp ) 6 \- "LOC, ..k -- 61 i \ ••• )-'7„-^'-'-' \.,., —n.,,,.. ,..,€-,c, ,,,..\\ ,. .\ST--- DI V ' n \r„,1?„, ,,,;s .e__, „ '' A )'' • '{ \ ‘,.:• \ p +,,, '`\,.,„ , •4 ' „• ' et `,•ii• '',. -- \\7•Q;\ \* VA \\FLr :0 ,,.../ *11- dis, HS \ \kilo .._c.. '2-4 '0., \ c,1 l'' \ LA C- \LA \ \-7 \51,1,1,4 ,L* 'VI \ ,WINCMC-• "•,:,0,1 ,A4S--, \-'1,,A ';.; S. 1.. .\•53.\-\\ LP C) '77 \i c."*. • 1LP \ -"A n \ Cr' ' 7 T ' /3 \ 4- \ '7 5 ' `' ?N.` \(& -\ \ \ , • \ t•SN - NATICIVA i ,,i)') ,-;,0 , - W JR \ IN +L -,-„ ,.., r \ „,,0„ C ... ‘ CITY `7c V19 \ "' \*P-; GOLF .,% 41 " ,,, `tiO\ s . ';''.\ ---c- v , Vs- v M\I` l '‘ \ - _ L, , Ni "' 0.11 tXtIOC61\ , Sl. 0 r0 SC ‘ , •)\ SI • 1, ,.:r ' - EWA), • Li t -• '' ca•OS...---".' „„•••"-CD 2.N-0„-- 1 , ,c, il I q ''.."'•-• t / ckts-• \„:-.4. ' '' ' ‘ \. (....1/ '"" ?..\•S1 .` _\,) 7- '( NO r NC--) I \t\I\ \AN\ ,-)., ' .- , , - --"\--'61/ M \ ,,,I, r- r-r's , 1, a6 cz-.) ." ' ''''‘y i ,,0 \ , , "r \ '2 1.,,i‘e- \ \ v" - - ' \ '1, '''' \ - s.,, i ,,..cs,k --- .....„`:!:\ ''.. ,s, , ) ir"\— , ._ I ,........,,,, „...--,... : --:7, \ '(').-'- I rN::-.., *1 'r ' " ..,,,,,,•"` 4') dri:RAL '"‘\I VISTA 0 „ J A -1t 1705 Grove St, National City, 91950, Page &Grid 1310 B1 16 TM ST.., 17TH ST.".••. 18TH ST. a 0 In 0 m INTERSTATE SAN WOO COUNTY ASSESSOR'S MAP 0s 1 1 cet- 1 _ [0°' BLK 3 1 ' wr or a ✓N 161= 71, i i tan Y VT 0 STREET a Y CED e 3 CD me e QGD 1(D37(ED - °(ED 1 °) ©`BLK.- 4 j111oc 1,1 t SS 11 27`� ' ,,© „ ,[.,. , © ,c73. L Mr; COD K CM) ✓ •r. 18 T� STREET 0,1 ,MAP 1785—LINCOLN ACRES ORCHARD SUB ROS 1992 561-15 CH EILX OLD 40-3 AL R Nwr. 9l0 PROPERTY TAXES ONLINE COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Wed Jun 5 11:52:18 PDT 2002 Secured Tax Payments Date: Jun 5, 2002 Land Values: Improvement Values: Personal Property: Home Owner Exemption: Any Other Exemption: Net Value: Rate: P A Y M 1st Installment Due: Amount Displayed is as of June 4, 2002 San Diego County Treasurer -Tax Collectors Property Record Tax Year July 1, 2001 - June 30, 2002 Parcel Number: 561-154-06-00 Tax Rate Area: Owner Name: LEE MATTHEW C Mailing and Situs Address Cannot Be Shown In Compliance To Government Code Section 6254.21 VA LUES and TAXES 77,211 Basel% Tax: 63,548 Voter Approved Debt: 0 Fixed Charges: 0 Total Tax: Time: 11:52:18 0 Penalty 1: 140,759 Penalty 2: Secured Cost: 1.04924 Total Amount Due: EN TINFORMAT 2001 /12/10 2nd Installment Due: 2002/04/10 1st Installment Amount: Status =_ > "d 2 Installment Amount: Status > 06000 1,476.88 0.00 23.78 $ 1,500.66 75.03 75.03 10.00 $ 1,660.72 I © N $ 825.36 RETURNED BY POST OFFICE $ 835.36 RETURNED BY POST OFFICE For Questions about BASE TAX, VOTER APPROVED DEBT or FIXED CHARGES call (619) 236-2424 IF YOU RECENTLY SUBMITTED A PAYMENT ON THIS SYSTEM AND IT IS NOT YET POSTED, PLEASE ALLOW FOUR DAYS FOR PROCESSING. Pay This Installment Amount Online: OR 7 =METROSCAN PROPERTY PROFILE= San Diego (CA) Parcel Number Owner Co Owner Site Address Mailing Address Phone Owner Tenant OWNERSHIP INFORMATION :5611540600 : Lee Matthew C : 1705 Grove St National City 91950 : 1705 Grove St National City Ca 91950 SALES AND LOAN INFORMATION Transferred : 01/19/2000 Document # : 27756 Sale Price : $138,000 Full Deed Type : Grant Deed % Owned : 100 Loan Amount Lender Loan Type Interest Rate Vesting Type : $138,000 : Miscellaneous : Fixed : Single Person ASSESSMENT AND TAX INFORMATION Land : $77,211 Structure : $63,548 Other Total : $140,759 %Improved :45 Map Grid Census Zoning Land Use Bldg Use Sub/Plat Map Number Legal Bedrooms Bathrooms Pool Units Exempt Type Exempt Amount Tax Rate Area 01-02 Taxes PROPERTY DESCRIPTION : 1310 B1 : Tract: 120.00 Block: 2 : 2 R-2,Multiple,Minor : 211 Res,Single Family Residence : *Unknown Building Use* : Lincoln Acres Orchard Sub : 001785 : LINCOLN ACRES ORCHARD SUB LOT F BLK :4 :3 : 1.00 : No :1 PROPERTY CHARACTERISTICS Lot Acres Lot SqFt View Stories : 06000 : $1,500.66 YearBuilt Bldg SqFt Garage Space : 1930 : 1,372 :1 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 8 City of National City, California COUNCIL AGEN► A STATEME T MEETING DATE August 6, 2002 4 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING SALARY & BENEFIT ADJUSTMENTS FOR CONFIDENTIAL EMPLOYEES EFFECTIVE THE FIRST PAY PERIOD OF FISCAL YEAR 2002/03 PREPARED BY EXPLANATION, a ROGER C. DeFRATIS Personn91.Direc��t� DEPARTMENT Personnel There are ten (10) employees in the City who are not represented by a union or bargaining group, which comprise the Confidential Group. These employees are closely linked to management and have access to sensitive information regarding City business. The attachment is a summary of the benefit and salary provisions for this group. Environmental Review Financial Statement X N/A The proposed Resolution would direct the City Manager to include funds for this purpose in the Fiscal Year 2002-2005 final budgets. Account No. STAFF RECOMMENDATION Recommend approval of the proposed Resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Proposed Resolution 2. Summary of Salary & Benefits for Confidential Group Resolution No. 2002-108 A-200 {Rev. 9/20� RESOLUTION NO. 2002 — 108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING SALARY AND BENEFIT ADJUSTMENTS FOR CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2002/03 THROUGH 2004/05, TO BE EN'1iBCTIVE THE FIRST PAY PERIOD OF FISCAL YEAR 2002/03 (Unrepresented Group) WHEREAS, the Personnel Director has presented the City Council with certain recommendations regarding the salary and benefit provisions for City Confidential Employees; and WHEREAS, the City Council has determined that the recommended Confidential Employee salary and benefit provisions should be implemented. NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the City of National City that the changes to the salary and benefit provisions for National City Confidential Employees, as set forth in the attached Exhibit "A", are hereby approved and effective the first pay period of Fiscal Year 2002/03. BE IT FURTHER RESOLVED that the City Manager is directed to allocate necessary funds to implement the aforementioned changes to salary and benefit provisions for Fiscal Years 2002/03 through 2004/05. PASSED and ADOPTED this 6111 day of August, 2002. George H. Waters, Mayor AT 1'hST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: r)_ George H. Eiser, lII City Attorney SUMMARY OF THE BENEFIT & SALARY PROVISIONS FOR CONFIDENTIAL GROUP FISCAL YEAR 2002-2005 SALARY ADJUSTMENTS: Salaries will be increased by 5% effective the start of 1st pay period of FY 2002-2003, and in FY 2003-2004 & FY 2004-2005 will receive the same salary increases as the MEA. CAFETERIA HEALTH BENEFIT: Effective July 1, 2002, the health and dental benefit will increase to $450/month with cash -in - lieu and increase annually on February 1 of each year proportionately with the MEA increases. HOLIDAYS: Will observe the King & Chavez Holidays as paid fixed holidays in addition to having six (6) floating holidays. OTHER: All other provisions of the MEA MOU will apply to this group through the expiration of that contract. City of National City, California COUNCIL AGENDA STATE E T MEETING DATE August 6, 2002 AGENDA ITEM NO, 5 CITY OF NATIONAL GUY ITEM TITLE _ LNG ADJUSTMENTS TO THE MANAGERIAL AND EXECUTIVE COMPENSATION PLAN FOR FISCAL YEAR 2002-2003 PREPARED BY EXPLANATION. Roger C. DeFratis DEPARTMENT Personnel Personnel I r In Fiscal Year 1999-2000, the Council re-established a long-standing Managerial Compensation Plan for Executives and Managers of the City of National City. The plan calls for these positions to be surveyed annually and to update the salary bands and benefits to the average of the cities surveyed. Attached are the recommended new minimum and maximum salaries based on county -wide averages of all executive and manager positions in the City, including the City Manager, and the City Attorney. These adjustments to the salary band do not automatically increase any individual salary, except for the City Manager and City Attorney, whose adjustments take effect July 1, 2002. Only the City Manager can adjust actual salary based on annual performance reviews. Environmental Review _.X-N/A Financial Statement The proposed resolution would direct the City Manager to include funds for this purpose in the 2002-2003 final budget. STAFF RECOMMENDATION Recommend approval of the proposed Resolution. BOARD/COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS l Listed Below) Resolution No 2002-109 t. Proposed Resolution 2. Compensation Plan for Executive Group & Managerial Group FY 2002-2003 A-200 (Rev. 4!80) RESOLUTION NO. 2002 — I 0 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING ADJUSTMENTS TO THE EXECUTIVE AND MANAGERIAL COMPENSATION PLAN, AND IMPLEMENTING THE PLAN FOR FISCAL YEAR 2002/2003 FOR EXECUTIVE AND MANAGEMENT PERSONNEL WHEREAS, in Fiscal Year 1999-2000, the City Council re-established a long- standing Managerial Compensation Plan for City of National City Executive and Management personnel; and WHEREAS, the Plan calls for municipal executive and management positions to be surveyed annually in order to update the City of National City's salary bands and benefits to the average salaries of the San Diego County cities that were surveyed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the compensation and benefit plan for Executive and Management personnel for Fiscal Year 2002/2003, as shown in Exhibit "A", is hereby approvedeffective at the start of the first pay period in Fiscal Year 2002/2003. BE IT FURTHER RESOLVED that the City Manager is hereby directed to reflect said compensation plan in the Final Budget for Fiscal Year 2002/2003. PASSED and ADOPTED this 6th day of August, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor EXECUTIVE GROUP & MANAGERIAL GROUP BENEFIT CHANGES EFFECTIVE JULY 1, 2002 • Compensation for use of personal autos for executive employees, not currently assigned City Vehicles shall be $300.00 per month. The City Attorney would receive $346.00 per month. • Management employees who are eligible to retire under PERS and retire from National City after July 1, 2002 will receive $10.00 per month for each year of service with National City as a Retiree Health Benefit. ♦ Effective July 1, 2002, the Cafeteria Health Benefit will increase to $750/month for Executives and to $625 per month for Managers. City Manager's Health Benefit would increase to $850.00 per month, and the City Attorney's. to $800.00 per month. • Effective July 1, 2002, vacation accruals for Executives and Managers will change to 20 days per year after 10 years of service. C: MSWORD\Carp Plan for Mgmt 0002-2003 CITY OF NATIONAL CITY COMPENSATION PLAN EXECUTIVE GROUP FISCAL YEAR 2002-2003 SALARY BANDS WITH 2002-2003 ADJUSTMENTS POSITION TITLE MINIMUM (Monthly) MAXIMUM (Monthly) i Assistant City Manager $ 5,360 $10,605 City Attorney N/A 14,207 City Manager N/A 13,752 Police Chief 5,610 11,689 Fire Chief 5,100 10,331 Senior Assistant City Attorney 6,375 10,584 Director of Public Works/City Engineer 4,840 9,878 Director of Finance 4,840 9,731 Director of Planning 4,840 10,204 Director of Personnel 4,170 9,747 Director of Parks & Recreation 4,670 9,017 City Librarian 4,600 8,945 Director of Building & Safety 4,770 8,367 Records Management Officer 4,685 6,336 CITY OF NATIONAL CITY COMPENSATION PLAN MANAGEMENT GROUP FISCAL YEAR 2002-2003 SALARY BANDS WITH 2002-2003 ADJUSTMENTS POSITION TITLE MINIMUM (Monthly) MAXIMUM (Monthly) Assistant Director of PW/Engineering $3,940 $8,397 Battalion Chief 4,560 8,379 Equipment Maintenance Supervisor 2,770 6,667 Facilities Maintenance Supervisor 2,770 5,667 Financial Services Officer 3,580 7,785 Management Analyst II 3,038 5,463 Management Analyst III 3,400 6,119 Mgnt Info Systems Manager 3,670 7,980 Parks Superintendent 2,770 6,559 Police Captain 4,640 9,351 Police Support Services Manager 3,400 6,119 Principal Librarian 3,230 6,709 Principal Planner 3,830 6,937 Purchasing Agent 3,650 7,282 Risk Manager 3,580 7,782 Senior Accountant 2,800 5,839 Street Maintenance Supervisor 2,770 5,667 Wastewater supervisor 2,770 5,667 City of National City, California COUNCIL AGENDA STATEMEN IEETING DATE August 6, 2002 AGENDA ITEM NO. 6 ITEM TITLE A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NUMBER TWO WITH BDS ENGINEERING TO PROVIDE THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES AND TO ASSIST IMPLEMENTING JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM (JURMP) IN COMPLIANCE WITH THE RWQCB ORDER 2001-01 (NPDES PERMIT FOR 2001-02) AND AUTHORIZE THE DIRECTOR OF THE PUBLIC WORKS/ENGINEERING TO EXECUTE THE AGREEMENT PREPARED BYDin DaneshfarDEPARTMENT Public `Vorks/Engineering EXPLANATION See attached explanation. • STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSIO N/A Environmental Review X N/A Financial Statement This agreement is for a "Not to Exceed" amount of $177,000. Funds are available in Account No 01-422-000-299. fij V RECOMMENDATION Approved By:a' %r'., it u ATTACHMENTS ( Listed Below ) 1. Resolution 2. Proposed Supplemental Agreement Number Two (3 original copies) Finance Director cunt No. Resolution No. 2002-110 A-200 (9;99) EXPLANATION: On February 21, 2002, based upon requirements of the adopted National Pollutants Discharge Elimination System (NPEDS) permit No. CAS107758, Order 2001-01, the Public Works/Engineering Department submitted the City's Jurisdictional Urban Runoff Management Program (JURMP) to the Regional Water Quality Control Board. In accordance with the JURMP, the City is committed to implement its best management practices in various aspects of this program in order to be in compliance with the permit requirements. The program consists of the implementation of the Municipal, Industrial, Commercial, Residential, Land Use Planning for New Development/Redevelopment, Construction, Illicit Connection/Illegal Discharge, Education, Public Participation, and Program Assessment components as outlined in the city's JURMP. The City Of National City has ongoing contracts with BDS Engineering, Inc. and Tetra Tech, Inc. to provide, as needed engineering and environmental services for the City's Capital Improvement Program. Staff has considered these two consulting firms, and also considered D-Max Engineering firm that is currently performing the City's dry weather screening and monitoring program for this period, and found BDS Engineering the most qualified to provide these services. In FY 01-02, the supplemental agreement Number One was executed between the City and BDS Engineering for the preparation of the city's JURMP which was completed. BDS engineering was also assisting the City with daily NPDES issues and attending the Copermittee meetings. This firm is familiar with the City's proposed program, storm drain system, and the new permit requirements. BDS Engineering has proposed a plan, outlined in Exhibit "A", to implement a program for the FY 02-03. This scope of work is consistent with the permit requirements and commitments made in the City's JURMP. The work can be accomplished through a supplemental agreement to the existing contract. The final scope of work is attached as part of the Supplemental Agreement Number Two that is being presented to the Council for approval. The fee for performing the work is a "Not to Exceed" amount of $177,000.00. RESOLUTION NO. 2002 -1-10. A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF NATIONAL CITY APPROVING SUPPLEMENTAL AGREEMENT NUMBER TWO WITH BDS ENGINEERING TO PROVIDE THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES IN ORDER TO ASSIST IN IMPLEMENTING JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM IN COMPLIANCE WITH REGIONAL WATER QUALITY CONTROL BOARD ORDER 2001-01 (NPDES PERMIT FOR 2001-02) AND AUTHORIZE THE DIRECTOR OF THE PUBLIC WORKS/ENGINEERING TO EXECUTE THE AGREEMENT WHEREAS, over the next five-year period National City is required to implement the Regional Water Quality Control Board's Order 2001-01; and WHEREAS, the Regional Water Quality Control Board (hereinafter "RWQCB") issued the Order in compliance with the Environmental Protection Agency's National Pollutants Discharge Elimination Permit ("NPDES") Permit No. CAS107758, which was issued to all the cities in SANDAG and the Port District as Co-Permittees; and WHEREAS, the City desires to employ a consultant to provide the City Engineering and Environmental services in order to assist in achieving compliance with Regional Water Quality Control Board Order 2001-01; and WHEREAS, the City has determined that BDS Engineering is a professional design and engineering firm and is qualified by experience and ability to perform the services desired by the City, and BDS Engineering is willing to perform such services; and WHEREAS, the City entered into an Agreement with BDS Engineering on April 10, 2001, to provide engineering services, and the scope of services may be expanded to include the additional work proposed to be performed by BDS Engineering. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Public Works/Engineering Director is hereby authorized to execute Supplemental Agreement Number Two with BDS Engineering to provide the City with engineering and environmental services in order to assist in achieving compliance with Regional Water Quality Control Board Order 2001-01. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 6a' day of August, 2002. ATTEST: Michael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: /7.)/114.g...up George H. Eiser, III, City Attorney NATIONAL POLLUTANTS DISCHARGE ELIMINATION (NPDES) PERMIT COMPLIANCE FOR NATIONAL CITY SUPPLEMENTAL AGREEMENT NO. 2 TO AGREEMENT DATED APRIL 10, 2001, BETWEEN THE CITY OF NATIONAL CITY AND BDS ENGINEERING, INC. This work order is for engineering and environmental services for the City of National City's Storm Water Quality Control Program in compliance with NPDES No. CAS 0108758. Services shall be as set forth in the following Exhibits: EXHIBIT A SCOPE OF SERVICES EXHIBIT B SCHEDULE OF SERVICES EXHIBIT C PAYMENT FOR SERVICES EXHIBIT D LISTING OF SUBCONTRACTORS/SUBCONSULTANTS CONSULTANT BDS Engineering, Inc. COB/President/Vic S etary/Asst. Secretary/CFO/asst. reasurer CITY City of National City Burton S. Myers Public Works Director/City Engineer Date: 7AG/a=- Date: EXHIBIT A NATIONAL POLLUTANTS DISCHARGE ELIMINATION (NPDES) PERMIT COMPLIANCE FOR NATIONAL CITY SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT DATED APRIL 10, 2001, BETWEEN THE CITY OF NATIONAL CITY AND BDS ENGINEERING, INC. SCOPE OF SERVICES Modifications to JURMP and Preparations of Local SUSMP Assist the City of National City prepare and implement the Local Standard Urban Runoff Mitigation Plan (SUSMP) specific to National City. This is a program to address post - construction urban runoff pollution from new development and redevelopment projects. Projects that fall into SUSMP requirements are: 1. Residential developments of more than 100 units 2. Residential development of 10-99 units 3. Commercial development greater than 100,000 square feet 4. Automotive repair shops 5. Restaurants 6. Hillside development greater than 5,000 square feet 7. Projects discharging to receiving waters with Environmentally Sensitive Areas 8. Parking Lots > 5,000 square feet or with > 15 parking spaces and potentially exposed to urban runoff 9. Streets, roads, highways, and freeways which would create a new paved surface that is 5,000 square feet or greater. Prepare the Watershed Urban Runoff Management Plan (WURMP) required by Order 2001-01. National City is in the San Diego Bay and must coordinate with the Cities of Chula Vista, Coronado, Imperial Beach, La Mesa, Lemon Grove, San Diego and the San Diego Unified Port District regarding hydrologic units (Pueblo San Diego HU 908.00, Sweetwater HU 909.00 and the Otay HU 910.00). Issues related to resolving drainage across several city boundaries will need to be addressed in the WURMP. This plan is to contain an accurate map of the watershed that identifies all receiving waters and impaired waters (303(d)), land uses, MS4s, major highways, jurisdictional boundaries, and inventoried commercial, construction, industrial and residential areas. Furthermore, this plan is to identify and prioritize major water quality problems. And other WURMP specifics such as a watershed based educational program, and a public participation process. Departmental Training Prepare Storm water presentations for the following National City departments to train city employees on their contribution to the Storm Water program. This will involve a historical perspective of the permit and instruction on "Best Management Practices" BMP's to implement the NPDES permit. The departments in the City of National City that are to receive training are: 1. Public Works 2, Planning 3. Fire 4. Park & Recreation Assist National City staff conduct high priority inspections that could lead to enforcement actions. Manage day-to-day program Manage National City staff and program two days a week to conduct commercial, industrial and construction inspections by City of National City inspectors. Document inspections and enforcement actions for the City of National City and provide implementation advice on the NPDES permit to city staff. Also, represent National City at Copermittee meetings and Technical Advisory Committees to articulate National City's position on subjects related to the JURMP and WURMP. Provide site identification, documentation, record keeping and support services for inspections and enforcement actions conducted for fiscal year 2002'-2003. EXHIBIT B NATIONAL POLLUTANTS DISCHARGE ELIMINATION (NPDES) PERMIT COMPLIANCE FOR NATIONAL CITY SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT DATED APRIL 10, 2001, BETWEEN THE CITY OF NATIONAL CITY AND BDS ENGINEERING, INC. SCHEDULE OF SERVICES July, 2002 through July, 2003 EXHIBIT C NATIONAL POLLUTANTS DISCHARGE ELIMINATION (NPDES) PERMIT COMPLIANCE FOR NATIONAL CITY SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT DATED APRIL 10, 2001, BETWEEN THE CITY OF NATIONAL CITY AND BDS ENGINEERING, INC. PAYMENT FOR SERVICES Payments to BDS Engineering, Inc. for the DESCRIBED SERVICES (EXHIBIT A) shall be made in accordance with the contract agreement. Normal processing time for payments is four (4) weeks. Services will be provided on a time and material basis with a not -to -exceed amount. The following is an estimate of the effort we believe will be necessary to provide the documentation and implementation to satisfy the requirement of Order 2001-01. Modification of JURMP/Prepare SUSMP $ 10,000 Prepare the WURMP $ 33,000 Departmental Training $ 12,000 High priority inspections $ 12,000 Day-to-day program management $ 76,000 Secretarial support $ 34,000 Total $177,000 EXHIBIT D NATIONAL POLLUTANTS DISCHARGE ELIMINATION (NPDES) PERMIT COMPLIANCE FOR NATIONAL CITY SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT DATED APRIL 10, 2001, BETWEEN THE CITY OF NATIONAL CITY AND BDS ENGINEERING, INC. LISTING OF SUBCONTRACTORS/SUBCONSULTANTS Listed below are any and all SUBCONSULTANTS, which the CONSULTANT plans to employ under this AGREEMENT. No change is allowed without the prior approval of the Contract Administrator. None. City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 6, 2002 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ASSI SECURITY, INC. FOR THE CIVIC CENTER AND POLICE FACILITY SECURITY AND FIRE SYSTEM ENHANCEMENTS, SPECIFICATION NO. 02-6 PREPARED BY Michael Long EXPLANATION DEPARTMENT Engineering See attached Explanation Environmental Review X N/A Financial Statement The total cost of the project is � estimated to be $275,160.00. This amount is within the approved : Finance Direct® budget for this project. Funding is available through Account Numbers 196-409-500-598-1155,630-409- 2 •98-801 630-409-500-598-8016, Account No. 629-409-500-598-8032. and 1: • ►9-:?t0-s •:-8132. Sir 9 STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Bid Opening Spreadsheet 3. Bid Opening Sheet A-200 (9199) 02-6 Resolution No. 2002-111 EXPLANATION: On July 25, 2002, two bids were received and opened for the Civic Center and Police Facility Security and Fire System Enhancements, Specification No. 02-6. The project includes the installation of a fully integrated security system and fire alarm system in the City of National City Civic Center Building. This project includes electrified door control hardware, card readers, motion detectors, cable and conduit needed for the existing floor plan, and additional cable required for proposed floor plan improvements. The project also includes a badging system and software, and a head -end system installed at the Police Station facility. The first phase of this project will create a security, access, and fire alarm system for the Civic Center building in parallel with the existing Police Station system. The second phase will replace the existing Police Facility security, access, and fire alarm system with the new technology provided by Phase I. This project is the first of many phases that will strive to integrate security, access, and fire protection into all National City Civic facilities. Staff has reviewed all the proposals found the lowest responsive bidder ASSI Security, Inc. qualified to perform the work. The total cost of the project is estimated to be $275,160.00. This amount includes the construction bid price of $229,300.00 plus 20% ($45,860.00) for contingencies and inspection 1 RESOLUTION NO. 2002 —111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ASSI SECURITY, INC. FOR THE CIVIC CENTER AND POLICE FACILITY SECURITY AND FIRE SYSTEM ENHANCEMENTS (SPEC. NO. 02-6) WHEREAS, the Engineering Department of the City of National City did, in open session of July 25, 2002, publicly open, examine and declare all sealed bids for the Civic Center and Police Facility Security and Fire System Enhancements, Specification No. 02-6. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the Civic Center and Police Facility Security and Fire System Enhancements, Specification No. 02-6 contract for the to the lowest responsive, responsible bidder, to wit: ASSI SECURITY, 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 Assi Security, Inc. and the Civic Center and Police Facility Security and Fire System Enhancements, Specification No. 02-6. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of August, 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: 02-6 PROJECT TITLE: CITY OF NATIONAL CITY CIVIC CENTER AND POLICE FACILITY SECURITY AND FIRE SYSTEM ENHANCEMENTS OPENING DATE: THURSDAY, JULY 25, 2002 TIME: 3:00 P.M. ESTIMATE: $230;000 PROJECT ENGINEER: MICHAEL LONG NO. BIDDER'S NAME (PAGE 13 OR 14) . BID AMOUNT (PAGE 15 ) ADDENDA (PAGE 13) BID SECURITY (PAGE 7 GE IBOND) 1. ASSI Security, Inc. 18001 Cowan, Ste. A Irvine, CA 92614 Tel: (949) 955-1944 $229,300.00 YES YES 2. Protection Service Industries, L.P. 9620 Chesapeake Drive, Suite 102 San Diego, CA 92123 Tel: (858) 277-3859 $ 270,136.83 YES YES 3. 4. 5. bid02-6 Bid Opening Date July 25, 2002 CIVIC CENTER AND POLICE FACILITY SECURITY AND FIRE SYSTEM ENHANCEMENTS, Specification No. 02-6 NAME ASSI Security Protection Service Industries RANK 1 2 No. Item Qnty Unit Unit Price Amount Unit Price Amount 1 Mobilization 1 LS $ 2,000.00 $ 2,000.00 $ - 2 Install Security Access Control System 1 LS $ 92,000.00 $ 92,000.00 $ 141,633.06 $ 141,633.06 S Install Digital Video Recordign,System 1 LS $ 18,000.00 $ 18,000.00 $ 54,067.75 $ 54,067.75 4 Install Electrified/Finished Door 1 LS $ 22,000.00 $ 22,000.00 $ 35,091.56 $ 35,091.56 5 Install Head -End 1 LS $ 9,000.00 $ 9,000.00 $ - 6 Install Fire Alarm System 1 LS $ 85,000.00 $ 85,000.00 $ 39,344.46 $ 39,344.46 7 Project Close -Out (Training and Manuals) 1 LS $ 1,300.00 $ 1,300.00 $ - TOTAL BID $ 229,300.00 $ 270,136.83 1 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 6 2002 8 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF NATIONAL CITY AWARDING A CONTRACT TO HARDING ESE, INC. FOR THE UPDATING OF THE CITY'S PAVEMENT MANAGEMENT SYSTEM PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION Harding ESE, Inc. was selected in 1998 through the Request for Qualifications process to design and implement the City's Pavement Management System. In July of 2001 Harding ESE, Inc. was hired again to update the system by reinspection and analysis of 1/3 of the City's street network (arterials and collectors). In order to maintain the Pavement Management System as a useful budgeting and maintenance tool ongoing inspections of the streets must occur, the database must be updated, and employees must be trained to use the system and maintain the database with ongoing software updates. Funds have been budgeted in Fiscal Year 02-03 for this work. The work consists of inspecting and rating the remaining 2/3 of the street network (local streets). It is recommended that the contract be awarded for updating the Pavement Management System and employee training. Environmental Review X N/A Financial Statement The total cost of this update is p Approved B» estimated to be $37,800.00. Fun, n is available through account no. 109-409-500-598-6 36 STAFF RECOMMENDATION Adopt the Resolution ( ,j 711) BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Contract Agreement Finance Di > tor Account No. Resolution No. 2002-112 m, A-20 (9,/99) RESOLUTION NO. 2002 — 112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARDING ESE, INC. FOR THE UPDATING OF THE CITY'S PAVEMENT MANAGEMENT SYSTEM WHEREAS, the City desires to employ a Contractor to perform reinspection services of all the local city streets and update the City's Pavement System; and WHEREAS, the City has determined that the Contractor is a Professional Civil Engineering firm and is qualified by experience and ability to perform the services desired by the City, and the Contractor is willing to perform the services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Harding ESE, Inc. for the updating of the Pavement Management System. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 6Th day of August, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Sr George H. Eiser, III City Attorney George H. Waters, Mayor AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARDING ESE, INC. ORIGINAL THIS AGREEMENT is entered into this 6th day of August, 2002 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Harding ESE, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform reinspection services of all the local city streets and update the City's Pavement Management System. WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Civil Engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Michael J. Long hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mr. Jose Patroni thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall inctude labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (Base amount) without prior written authorization from the City's Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement is 180 days from the date the City Council approves the Contract. Upon approval of the Contract by the City Council, the City will issue a Notice -to -Proceed. The contractor shall begin work within seven (7) calendar days thereafter. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and Page 2 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. Page 3 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. Page 4 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclose4 in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: Page 5 A. Professional liability insurance with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorneys fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of Page 6 attorney's fees incurred by the CITY in its prosecution or defence of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be fmal and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected " by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail Page 7 (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Burton S. Myers Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mr. Jose F. Patron, Senior Engineer Harding ESE, Inc. 691 Matley Lane Reno, NV 89502 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. Page 8 The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A - Scope of Services and Summary of Fees F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed Page 9 this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. HARDING EASE, INC. By: By: Secretary/Asst. Secrry/CFO/Asst. Treasurer CITY OF NATIONAL CITY By: George Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Page 10 Jul-18-02 09:54A HARDING ESE 77532293803 P.02 Harding ESE A MACTEC COMPANY Harding ESE, Inc. 961 Matley Lane Suite 110 Reno, NV 89502 Telephone: 775/329-6123 Fax- 775/322-9380 Home Page: www.mactec.corn July 18, 2002 Mr. Michael Long Assistant Civil Engineer City of National City Engineering Department 1234 National City Boulevard National City, CA 91950-4397 I COST ESTIMATE TO REINSPECT CITY STREETS PAVEMENT MANAGEMENT PROGRAM CITY OF NATIONAL CITY Dear Michael: Per your request, 1 am including the cost estimate to update the City's Pavement Management Program. The scope of work will include: a Visual pavement condition surveys using the PCI method. • Input data into the City's PAVER database. • Update the City's Pavement Management Program GIS with new PCIs. • Provide the City with :A new Five -Year Maintenance and Rehabilitation Plan. • Provide the City with an updated PAVER :fatabase. llardi:eg ESE can provide the above services for the reinspection of2'3 of the City's pavemeuc network for the lump sum amount of S37.800. Should you have any questions, please feel free to contact me at 775-326-5378. Sincerely, ARDING ESF. -1.7 cl C ry Jose F. Patroni Senior Engineer 9�Ca t.). (ram►,"/ Mark W. Gookin, P.E. Managing Principal JFPfjfp Harding ESE A MACTEC COMPANY Harding ESE, Inc. 1627 Cole Boulevard Golden, CO 80401 Telephone: 303/292-5365 Fax: 303/292-5411 Home Page: www.mactec.com SECRETARY'S CERTIFICATE I, Nicholas J. Kravitz, Secretary of Harding ESE, Inc., a Delaware corporation (the "Corporation") do hereby certify that a resolution duly adopted by the Board of Directors of said Corporation by unanimous written consent dated May 16, 2001 elected Stuart E. Dykins, as Senior Vice President of Harding ESE, Inc., and in that capacity he has the authority to sign contracts and/or proposals on behalf of the Corporation with respect to work performed, or to be performed, by the Corporation or its operating subsidiaries. Witness my hand and the seal of this corporation this 22nd day of May, 2002. By: Nicholas ecretary [CORPORATE SEAL] Harding ESE, Inc. MEETING DATE 08/06/02 City of National City, California COUNCIL AGENDA STATEMENT 9 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A LETTER OF REQUEST TO THE -ICFA COMMISSIONERS FOR HEARTLAND COMMUNICATIONS FACILITY AUTHORITY FOR MEMBE P IN THE JOINT POWERS AUTHORITY BETWEEN THE CITY OF NATIONAL CITY AND THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY PREPARED BY EXPLANATION Donald Condon, Battalion Chief DEPARTMENT Fire Since February 7, 1995, the City has contracted with Heartland Facility Communication Authority (HCFA) for fire, rescue and emergency medical aid dispatch services. To ensure the continued delivery of the a services at reasonable and stable rates, the City should attempt to become members of the Heartland Facility Cornm,nicatiio is Joint Powers Authority (JPA). Environ ental Review X N/A Financial Statement There are no costs associated with the signing of this request. Account No. STAFF RECOMMENDATION Approve the resolution authorizing the Mayor to sign a letter of request for membership into Heartland Communications FacilityJoint Powers Authority. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2002-113 1. Resolution authorizing the Mayor to sign a letter of request for membership into the HCFA JPA. 2. Letter" of request for Mayor's signature. 3. Staff Report. 4. Attachment "A", Current JPA Membership Budget. A-200 (9/80) RESOLUTION NO. 2002 - 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A LETTER OF REQUEST TO THE HCFA COMMISSIONERS FOR HEARTLAND COMMUNICATIONS FACILITY AUTHORITY FOR MEMBERSHIP IN THE JOINT POWERS AUTHORITY BETWEEN THE CITY OF NATIONAL CITY AND THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to sign the letter of request, between the City of National City and Heartland Communications Facility Authority, for membership in the Heartland Communications Facility Authority, Joint Powers Authority. PASSED and ADOPTED this 6th day of August, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor t City of National City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 August 6, 2002 HCFA Commissioners Larry Jackman, Chair Heartland Communications Facility Authority 100 East Lexington Avenue El Cajon, CA 92020 Dear Mr. Jackman, The City of National City is requesting that the HCFA Commissioners for Heartland Communications Facility Authority (HCFA) consider and grant approval and admittance of the National City Fire Department (NCFD) into the Joint Powers Authority (JPA) effective July 1, 2003. The National City Fire Department has contracted with HCFA for dispatch services since February 1995. During this time NCFD has been very pleased with the communication services provided. It is our desire for NCFD to move forward to the next level, JPA membership. NCFD will bring stability and an understanding of communications along with a reduction in costs to the current JPA members. National City's membership in the JPA will allow a wider disbursal of costs, which in turn will reduce the JPA member's share of the operating costs. These costs will be distributed among a greater number of members, from the current nine JPA member agencies to ten. This will equate to approximately an 8.9% savings to current members. National City would request that the commissioners utilize the same pricing model utilized for Chula Vista's admittance into the JPA, with the exception of "Direct Startup Costs". National City being accepted as a JPA member will not generate an increase in call volume and thus no additional staff hours will be required. 0 Recycled Paper We would greatly appreciate a response to this request at your earliest possible convenience but no later than by October 24, 2002. Please conduct all discussions regarding this agreement with Fire Chief Randy Kimble or his representative. Chief Kimble may be reached at (619) 336-4550. Sincerely, George H. Waters, Mayor Copy: Randy Kimble, Fire Chief Board of Chiefs, Bob Pfohl CITY OF NATIONAL CITY FIRE, RESCUE AND EMERGENCY MEDICAL AID DISPATCH REPORT BACKGROUND: The City currently contracts with Heartland Facility Communications Authority (HCFA) for fire, rescue and emergency medical aid dispatch services. To ensure the continued delivery of these services at reasonable rates, the City should attempt to become a member of the Heartland Facility Communications Joint Powers Authority (JPA). HCFA has been providing dispatch services to the City since February 7, 1995. A plan to enhance the City's dispatching services is contingent upon approval of a resolution authorizing the Mayor to sign a letter requesting Joint Powers Authority membership. JPA membership will ensure the City will pay a lower rate per incident in comparison to the formula in the current Agreement. This membership will ensure that the City's dispatching system will continue to provide effective services. JPA MEMBERS: Current members of the Joint Powers Authority are: Alpine, Chula Vista, East County, El Cajon, La Mesa, Lakeside, Lemon Grove, San Miguel, and Santee. Non-JPA members consist of Bonita, Coronado, Imperial Beach, and National City. JPA MEMBERSHIP FEE SCHEDULE: A Contract Amendment dated May 7, 2002, implemented a formula for automatically adjusting charges per incident paid by the City "equal to the average charges per incident paid by the public agencies who are parties to the Authority's Joint Powers Agreement, as adopted in each annual budget". Currently, the City pays $33.06 per incident based on this formula. (See Attachment "A" — Current JPA Membership Budget) By joining the Authority's JPA, the City will be able to save on costs per incident. The cost per incident will decrease from $33.06 to $29.84, or a reduction of 9.7%. (See Attachment "A" — JPA Membership Budget Including National City) CURRENT FEE SCHEDULE PROJECTIONS: Heartland Facility Communications Authority JPA is entitled to increase the cost per incident on an annual basis. Projected HCFA cost per incident in FY 2004 equals $48.17. (See Attachment "A" — Current Contract Fee Projection for National City) STAFF RECOMMENDATION: Approve a Resolution Authorizing the Mayor to sign a letter requesting membership in the Heartland Facility Communications Joint Powers Authority. City of National City Fire, Rescue and Emergency Medical Aid Dispatch Proposal 08/01/02 Page 1 Attachment "A" CURRENT JPA MEMBERSHIP BUDGET Agency Total Budget Share % Operating Budget Share Capital Lease Payments Interest Principal Total Operating & Cap Lease Cost Per Incident LAKESIDE 15.76% $200,241 $18,456 $3,152 $15,304 $218,697 $41.95 SANTEE 9.75% $123,835 $16,401 $2,801 $13,600 $140,236 $36.24 EL CAJON 18.97% $240,967 $27,278 $4,658 $22,620 $268,245 $30.25 LA MESA 11.09% $140,874 $17,070 $2,915 $14,155 $157,944 $33.69 LEMON GROVE 4.06% $51,551 $6,821 $1,165 $5,656 $58,372 $25.67 SAN MIGUEL 14.75% $187,447 $22,452 $3,834 $18,618 $209,899 $34.95 ALPINE 3.09% $39,221 $0 $0 $0 $39,221 $31.33 EAST COUNTY 4.37% $55,523 $6,558 $1,120 $5,438 $62,081 $78.38 CHULA VISTA 18.17% $230,915 $27,977 $4,778 $23,199 $258,892 $26.42 TOTALS 100.00% $1,270,575 $143,013 $24,423 $118,590 $1,413,588 $33.06 JPA MEMBERSHIP BUDGET INCLUDING NATIONAL CITY Agency Total Budget Share % Operating Budget Share Capital Lease Payments Interest Principal Total Operating & Cap Lease Cost Per Incident LAKESIDE 14.40% $182,915 $16,870 $2,881 $13,989 $199,785 $38.32 SANTEE 8.89% $112,919 $14,815 $2,530 $12,285 $127,734 $33.01 EL CAJON 17.27% $219,423 $25,692 $4,388 $21,304 $245,115 $27.64 LA MESA 10.11% $128,394 $15,484 $2,644 $12,840 $143,878 $30.69 LEMON GROVE 3.69% $46,824 $5,235 $894 $4,341 $52,059 $22.89 SAN MIGUEL 13.45% $170,872 $20,866 $3,563 $17,303 $191,738 $31.92 ALPINE 2.81% $35,757 $0 $0 $0 $35,757 $28.56 EAST COUNTY 4.00% $50,882 $4,972 $849 $4,123 $55,854 $70.52 CHULA VISTA 16.52% $209,866 $26,391 $4,507 $21,884 $236,257 $24.11 NATIONAL CITY 8.87% $112,724 $12,688 $2,167 $10,521 $125,411 $27.21 TOTALS 100.00% $1,270,575 143,013 $24,423 $118,590 $1,413,588 $29.84 T FEE PROJECTION FOR NATIONAL CITY Fiscal Year FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 Proj. Cost per Incident $ 20.02 $ 33.06 $ 48.17 $ 61.90 $ 75.98 $ 90.05 Proj. Percent Increase per Incident 0.00% 65.13% 45.70% 28.50% 22.74% 18.53% Proj. Dollar Increase per Incident $ - $ 13.04 $ 15.11 $ 13.73 $ 14.08 $ 14.07 Proj. Number of Incidents 4,303 4,463 4,623 4,783 4,943 5,103 Proj. Contract Cost $ 86,146 $ 147,547 $ 222,690 $ 296,068 $ 375,544 $ 459,525 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 6, 2002 AGIENDA ITEM NO. 10 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 2120 "B" AVENUE (L. ASAY, TSC ITEM NO. 2002-19) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mrs. Linda Asay, the owner of 2120 "B" Avenue, has requested the installation of two red curb no parking zones adjacent to the driveway serving her property. According to Mrs. Asay, parked vehicles are encroaching into her driveway thereby not allowing ingress and egress from her property. The Traffic Safety Committee approved 3 feet of red curb on each side of her driveway at their meeting on July 10, 2002. Environmental Review _x_ N/A Financial Statement N/A STAFF RECOMMENDATIO Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of July 10, 2002, approved the 3 foot red "No Parking" zones on both side of her driveway at 2120 "B" Avenue. Approved By: Finance Director Account No. ATTACHMENTS Listed Below } 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2002-114 A-200 (9/99) 2002-19 RESOLUTION NO. 2002 — 114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH THREE-FOOT RED NO PARKING ZONES ON EACH SIDE OF THE DRIVEWAY AT 2120 B AVENUE (L. May, TSC Item No. 2002-19) WHEREAS, Linda May, the property owner of 2120 B Avenue, has requested the installation of three-foot red no parking zones on each side of her driveway; and WHEREAS, parked vehicles encroach into the driveway blocking the ingress and egress from her property; and WHEREAS, at its meeting on July 10, 2002, the Traffic Safety Committee approved installation of three-foot red no parking zones on each side of the driveway at 2120 B Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish three-foot red no parking zones on each side of the driveway at 2120 B Avenue, National City. PASSED and ADOPTED this 6th day of August, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 10, 2002 ITEIVt TITLE: \ 4 \ REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 2120 "B" STREET (BY: L. ASAY, TEL. NO. 474-42721 PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Linda Asay, the owner of the property at 2120 "B" Avenue, has requested the installation of a red curb "No Parking" zone adjacent to her driveway. According to Mrs. Asay, parked vehicles from National City Park Apartments are encroaching into her driveway thereby not allowing ingress and egress to her property. On one occasion, she had a Police Officer move the vehicle from her driveway. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red curb "No Parking" zone adjacent to her driveway at 2120 "B" Avenue. EXHIBITS: 1. Letter 2. Location Map 2002-19 Linda Asay 2120 "B" Avenue National City, CA 91950 (619) 474-4272 City of National City National City, CA 91950 Dear sirs: My family has been a resident of National City since 1957. Our children and their children have attended National City schools and have graduated from Sweetwater High School, 1 am writing to address some issues which have become very bothersome in ray neighborhood. To begin with, ever since the city decided to eliminate parking on 22nd street during evening to morning hours, there is limited or no parking in front of my home because the people from the National City Park Apartments use our off street parking. I realize that it is a public street, however, as a tax -paying citizen 1 feel that we do have certain rights in our own neighborhood. I am requesting that my end curbs of my driveway get painted red because my driveway has been blocked on several occasions by National City Park residents and it made it difficult to get out of or into my driveway. 1 had to enlist the assistance of a police officer on one occasion to have the resident move their car. It would be most appreciated if you would amino,. the -no parking" situation on 22nd street. There is a great safety hazard on my street, also. At the Southwest corner of2lst and `B" stand 2 very tall and old trees. On Thursday, March 14, 2002 I happened to catch a runaway trash can and went to my corner neighbor to put it back. As I stopped I heard a loud cracking noise and a very large branch fell off that corner tree and missed me by inches. On Saturday, March 16, 2002, branches fell off the tree again and bit power lines and cut off power to our homes for 9 hours. The SDG&E representative stated that this is a very dangerous situation. He brought the bunt branch to my home to keep to show a city official. I am requesting these trees be removed as they are clearly more a hazard than a lovely I await your reply within the next seven working days- Sincerely, Linda May dV1N NLLVDO7 3,14V LcW 3,1dV elS 1'1 1'1 Ol.122 131_ diS 1'1 LIS /2 TWO. City of National City, California COUNCIL AGENDA STATEMENT rEETING DATE 8/6/02 AGENDA A-200 11 ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL WITH RODGERS POLICE PATROL, INC. KIMBALL PARK, LAS PALMAS PARK, AND DEPARTMENT Parks & CITY AUTHORIZING THE TO CONTINUE TO PROVIDE EL TOYON PARK. Recreation September 1, 2002; nightly patrols of guard services at Kimball at El Toyon Park. presence of a security and illegal activity in MAYOR TO AMEND OUR CONTRACT PARK SECURITY SERVICES AT PREPARED BY Jim Ruiz EXPLANATION continue park security services beginning 31, 2002. Services will continue on a nightly basis; on site weekend 26 weekends, and for 28 weekends decrease in vandalism, and the as a deterrent to other crimes same, $30,358. 1, 2002 - August 31, 2003. This will allow the City to current contract expires August our three (3) major parks Park and Las Palmas Park for Staff has noted a significant officer on weekends has acted our parks. Their fee will remain the Contract will run from September Environmental Review x N/A Financial Statement Approved #105-442-000-299-0000 By: Funds available in Acct. Finance Director Account No. C STAFF RECOMMENDATION Recommend approval BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution 2002-115 Contract Amendment (999) ...r.. „_�.-...».._..«,...»v:.,,,,.., .tea......,,.,.,.a,,..,.�...,..,..m..,.�..a-.,_... ____. RESOLUTION NO. 2002 — 115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH RODGERS POLICE PATROL, INC. TO PROVIDE PARK SECURITY SERVICES AT KIMBALL PARK, LAS PALMAS PARK AND EL TOYON PARK WHEREAS, the Park and Recreation Department desires to continue park security services with security patrols of Kimball Park, Las Palmas Park and El Toyon Park beginning September 1, 2002, and expiring August 31, 2003; and WHEREAS, the City has determined that Rodgers Police Patrol, Inc. is a security patrol firm and is qualified by experience and ability to perform the services desired by the City, and Rodgers Police Patrol, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City thatthe Mayor is authorized to execute an amendment to the agreement between the City of National City and Rodgers Police Patrol, Inc. to provide park security services to Kimball Park, Las Palmas Park and El Toyon Park. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of August, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney FIRST AMENDMENT TO AGREEMENT FOR CITY OF NATIONAL CITY AND RODGERS POLICE PATROL, INC. The parties to this First Amendment to Agreement are RODGERS POLICE PATROL, INC., herein called "Contractor," and the CITY OF NATIONAL CITY, a municipal corporation, herein called "City." t RECITALS WHEREAS, Contractor and City are parties to an agreement dated August 21, 2001for park security services; and WHEREAS, the parties desire to amend the agreement to extend the services for another one (1) year period at the current estimated cost to the City for providing the services; and NOW, THEREFORE, said agreement is hereby amended by amending Paragraph 23 to read as follows: 23. PERIOD The term of the agreement is hereby extended for one (1) year, from September 1, 2002 to and including August 31, 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. All other terms, covenants and conditions contained in the original agreement shall remain in full force and effect and shall be applicable to this amendment. DATED: , 2002. CITY OF NATIONAL CITY RODGERS POL:[CE PATROL, INC. By: By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RODGERS POLICE PATROL, INC. THIS AGREEMENT is entered into this 1st day of September, 2001, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and RODGERS POLICE PATROL, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide park security services. WHEREAS, the CITY has determined that the CONTRACTOR is a security patrol firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services,. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 0% from the base amount. 3, PROJECT COORDINATION AND SUPERVISION. JIM RUIZ hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. JOHN FARMER thereby i.s designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the City Manager. Monthly invoices will be processed for paymentand remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The term of this Agreement is from September 1, 2001 through August 31, 2002. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S written work product for the CITY's purposes, and the CONTRACTOR expressly waives and 2 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another: Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for enteringinto this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that. the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 3 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits,.qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from', risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITYare reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this subparagraph will render the CONTRACTOR liable to the CITY .for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, .marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY.. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breath of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD. HARMLESS. The CONTRACTOR; agrees to indemnify, defend, and hold harmless the. City of National City, its officers, employees and volunteers, against and from any and all liability., loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyonewhomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attomey's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional Liability Insurance with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and E. This insurance is primary except as provided in the CONTRACTOR's explanation of insurance coverage, attached hereto as Exhibit "B F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on. a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other . sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. volunteers.. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of 6 attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled" by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein.' D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganisation of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return 7 receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY:. Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: John Farmer Rogers Police Patrol 3152 University Avenue San Diego, CA 92104 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR.. shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all tines comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the partieshereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, 9 preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any, and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the, effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Contractor) (Two signatures required) By: By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, HI City Attorney By: /(Name) 4fdditilt—/ Anklagakegyea-Z—ei�ial (Title) 66. V (Name) (Title) 11 It OUGE L S 1 CILICE IIA1I VOL, SERVING SAN DIEGO SINCE 1940 Jim Ruiz Parks & Recreation Director 140 East 12th Street National City, CA 91950 Dear Mr. Ruiz 3152 UNIVERSITY AVE., SAN DIEGO, CALIFORNIA 92104 (619) 283-3976 FAX # (619) 528-9711 July 9, 2001 RE Park Security Patrol - City of National City This will respond to your Request for Proposal for on site and drive by motor patrol security services at Las Palmas, El Toyon and Kimball Parks. Based upon the information provided, we estimate the two nightly drive -by patrols at S375 per site. per month. Drive by service is normally calculated according to geographic location and time required on site. "Call back" services are billed separately at S40 each, minimum. depending upon the length of time required. Requests to remain on site for more than 15 minutes can not be guaranteed and are ranted on an "as available" basis, and billed $25 for each additional 15 minutes on site. Rodgers Police Patrol vehicles are an effective deterrent just by their presence in an area. They are prominently marked and equipped with overhead:light bars with side spotlights, and two-way radios. Trained uniformed drivers are qualified with California Guard cards and are bonded under Rodgers' S9 million insurance umbrella. A roving Patol Supervisor monitors all radio traffic and can be reached directly, or instantly through a.i-hour.Dispateh Center manned by trained employees. Motor patrol drivers are given the option to carry arms. Also based upon information provided, we estimate the on -site security schedule at 515.00 per hour, l unarmed. There are no added costs except for time -and -one-half charged on each of six national holidays (if worked). Officers are fully uniformed and qualified with California Guard Cards and receive Rodgers' • in-house training program which is site -specific when possible. Included in the rate are the services of Rodgers' management -level field supervisors who make unscheduled post checks and who can act as back up in emergency. They are equipped with car phones and two-way radios, and can also be reached instantly through the 24-hour Dispatch Center. Rodgers Police Patrol has provided quality, full -service security since 1940 and is fully licensed and insured. As a local, employee -owned company, you always have access to top management for instant decision making. Excellent.cfac,n.es are available. Let me know if you would like any additional information not included here. If interested in our services I have many questions about the specifics of your security requirements and policies. Thank you for your interest in Rodgers Police Patrol, Inc. Sincerely, olm Farther General Manager This proposal is based upon preliminary information and may be changed following additional information pertinent to the performance of requirements. Tentative offer valid for 30 days EXHIBIT "A", PAGE 1 ' PREVEN77ON is THE BEST PROTECTION' f'e� �cnowd �rw rc , troNSE NO. P-6756 08/86/2081 13:87 6195289711 SSS/RPP PAGE 82 IQCD4EIRS VCLICE VA►TL?tL, / C, 3152 UNIVERSITY AVE., SAN DIEGO, CALIFORNIA 92104 (619) 263-3976 FAX I (61$) 5264711 SERVING SAN OIEGO SINCE 1940 August 6, 2001 TO: IRA RUIZ Nafloaal City Puns and Reanrion Oar firm: Here medic calculations mordiagto oar convessmioic For a oat -year period, pecan pied xniice sixteen bouts per week for 26 weelet at three sites (1S13S0 per boum 16 hours x 26 = 416 a 3 1,241 x S13.50 : $16,843 (plus app6csbie bo63 y Pay) 'Its motor patrol quote remrme die same: S375 per site. -parmouth S1.125=x.12 S13,500, (pin back' services) Total one year aler.ri. 116,158 (plasa y appl obit holiday ply) 513300 (plus •call back' ' services) S30,353 (plus above) We will, of course, need to smudges conditions riot w saying m agreement. Let ma blow ifpxt teed scything else - Thanks, Fanner, Gen. Mgr. EffiBIT "A", PAGE 2 -11EY6rTION IS TEE LEST PAOTEC7PON— CaGiO it a STATE LICENSE NO. A.6738 Weekend Patrol Schedule for 2001-2002 El Toyon Park (11 AM-7 PM) September 1, 2001 —December 2, 2001 (14 wks) *May 26, 2002 —August 25, 2002 *First weekend would begin on Sunday, May 26`h and Monday, May 27t. Las Palmas Park (9 AM-5 PM) September 1, 2001— October 21, 2001(8 wks) April 27, 2002 — August 25, 2001 (18 wks) Kimball Park May 2, 2002 — August 25, 2001 (26 wks) EXPLANATION OF INSURANCE COVERAGE If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b below. a. Excess Insurance. This insurance is excess over any of the other insurance, whether primary, excess, continent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, installation Risk or similar coverage for "your work"; (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g of Coverage A (Section I). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insured's rights against all those- other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: • The total amount that all such other insurance would pay for the loss in the absence of this insurance; and The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its application limit of insurance or none of the loss remains, whichever comes first. Exhibit "B" .AEETING DATE August 6, 2002 City of National City, California COUNCIL AGENDA STATEMENT 12 AGENDA ITEM NO. ITEM TITLE A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NUMBER ONE WITH TETRA TECH ASL, INC. TO PROVIDE THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES TO PREPARE AND PROCESS CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE BRIDGE REMOVAL PROJECT ON HARBOR DRIVE, AND AUTHORIZE DIRECTOR OF THE PUBLIC WORKS/ENGINEERING DEPARTMENT TO EXECUTE THE SUPPLEMENTAL AGREEMENT PREPARED BYDin Daneshfar DEPARTMENT Public Works/Engineering EXPLANATION I See attached explanation. Environmental Review X N/A >STAFF RECOMMENDATI Financial Statement This agreement is for a "Not to Excee the Phase I, and for a "Not to Exce in the amount of $80,000 through Adopt the Resolution. )) ount of $24 556 for Approved y: ) Finance Dir-ctor ount of $37,560 for the Phase II. Funds are available No. 3 0.8: 40'-500-598-6056. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Proposed Supplemental Agreement Number One (3 original copies) Account No. Resolution No. 2002-116 A-200 (9/99) EXPLANATION: In accordance with the State of California, Department of Transportation, the existing unused and closed pedestrian bridge over Harbor Drive in National City must be removed as an alternative to seismic retrofit. The bridge does not connect an intersection street, sidewalk or pathway to Harbor Drive. The project consists of removing the existing single -span steel bridge structure, approximately 122 feet long, and 12 feet wide. It will also include the removal of the temporary chain link fences, and street signs. The City has obtained authorization to proceed with the Preliminary Engineering (PE) work. However, based upon the City's latest engineering cost estimate and the revised Caltrans documents, the existing authorized funds are inadequate to perform the entire work. Through several meetings with Caltrans, the City Of National City has requested additional funds in order to complete the PE work. Caltrans has agreed with the City's new proposal. Based upon the new proposal, the City will complete the PE work in two following phases: Phase I: The phase I involves coordination with Caltrans, Utilities., Rail Road Company Navy, and other related entities, and updating of the project documents. Currently, the funds are authorized and made available in the amount of $26,559 for this phase. Phase II: The phase II involves the completion of the existing preliminary plans, specifications, and cost estimates. Phase II will not be commenced unless the funds are authorized by Caltrans. The City Of National City has ongoing contracts with BDS Engineering, Inc. and Tetra Tech, Inc. to provide, as needed engineering and environmental services for the City's Capital Improvement Program. Staff has considered these two consulting firms, and also considered Dokken Engineering firm that is currently performing the PE work for the City's Plaza Boulevard Widening project, and found Tetra Tech the most qualified to provide these services. Tetra Tech firm has assisted the City in negotiating with Caltrans regarding the City's new design and construction approach and the cost estimates for this project. This firm is familiar with the City's proposed project, and the revised Caltrans standard forms and documents for obtaining authorizations through the State. Tetra Tech has proposed a plan which includes the scope of work, outlined in Exhibit "A", to complete the project in two phases. The scope of work is consistent with the Caltrans requirements. The work can be accomplished through a supplemental agreement to the existing contract. The final scope of work is attached as part of the Supplemental Agreement Number One that is being presented to the Council for approval. The fees to complete the Phase I and II of the PE are "Not to Exceed" amounts at $24,792, and $37,560. RESOLUTION NO. 2002 — 116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING SUPPLEMENTAL AGREEMENT NUMBER ONE WITH TETRA TECH ASL, INC. TO PROVIDE THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES TO PREPARE AND PROCESS CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE BRIDGE REMOVAL PROJECT ON HARBOR DRIVE, AND AUTHORIZE DIRECTOR OF PUBLIC WORKS/ENGINEERING DEPARTMENT TO EXECUTE THE SUPPLEMENTAL AGREEMENT WHEREAS, in accordance with the State of California, Department of Transportation, the existing unused and closed pedestrian bridge over Harbor Drive In National City must be removed as an alternative to seismic retrofit. The bridge does not connect an intersection street, sidewalk or pathway to Harbor Drive; and WHEREAS, the project consists of removing the existing single -span steel bridge structure, approximately 122 feet long, and 12 feet wide. It will also include the removal of the temporary chain link fences and street signs; WHEREAS, the City desires to employ a consultant to provide the City Engineering and Environmental Services in order to prepare and process construction plans and specifications for the bridge removal project on Harbor Drive; and WHEREAS, the City has determined that Tetra Tech ASL, Inc. is a professional engineering firm and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services; and WHEREAS, the City entered into an Agreement with Tetra Tech ASL, Inc. on April 17, 2001, to provide engineering services, and the scope of services may be expanded to include the additional work proposed to be performed by Tetra Tech ASL, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Public Works/Engineering Director is hereby authorized to execute Supplemental Agreement Number One with Tetra Tech ASL, Inc. to provide the City with engineering and environmental services in order to assist in achieving compliance with State of California, Department of Transportation for the removal of existing unused pedestrian bridge over Harbor Drive. Said Agreement is on file in the Office of the City Clerk. -- Signature Page to Follow -- PASSED and ADOPTED this 6th day of August, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney J George H. Waters, Mayor City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 REMOVAL OF PEDESTRIAN BRIDGE OVER HARBOR DRIVE IN NATIONAL CITY SPEC. NO. 97-10 FED. NO..5066 (008) SUPPLEMENTAL AGREEMENT NUMBER ONE TO AGREEMENT DATED APRIL 17, 2001, BETWEEN THE CITY OF NATIONAL CITY AND TETRA TECH ASL, INC. This work order is for engineering services for removal of pedestrian bridge over Harbor Drive in National City. Services shall be as set forth in the following Exhibits: EXHIBIT A SCOPE OF SERVICES EXHIBIT B PAYMENT AND SCHEDULE OF SERVICES EXHIBIT C SUBCONSULTANTS CONSULTANT Tetra Tech ASL, INC. City City of National City � It/VicPP�� President Txa i Vr'! Date: 7 (3 0 l 0 2 Burton S. Myers Director of Public Works/Engineering Date: Recycled Paper EXHIBIT A REMOVAL OF PEDESTRIAN BRIDGE OVER HARBOR DRIVE IN NATIONAL CITY SPEC. NO. 97-10 FED. NO. 5066 (008) SCOPE OF SERVICES This work order is to finalize the PS&E, coordinate, and assist the City in completing the Caltrans Construction Authorization Request documents for the City's pedestrian bridge removal project on Harbor Drive. The services shall be provided in accordance with the City of National City and Caltrans project administration procedures. The consultant shall meet with the City staff and obtain the documents that need to be used for this project. The list of Caltrans contact people and their phone numbers is available in the City Public Works/Engineering Department. There will be special requirements for the Federal -aid projects. The proper forms must be used for requesting construction authorization, field review, etc. Tetra Tech shall provide engineering services for two phases (I and II) of the Preliminary Engineering, the major engineering services for Phase I, and II could be outlined as follows: Phase I: The project will be coordinated with Caltrans, Utilities, Rail Road Company, Navy, and other related entities. Prior to advertising the project for construction, the City will need to submit to the District Local Area Engineer (DLAE) a number of completed forms and items per the new Local Assistance Procedures Manual, which is available in the City Public Works/Engineering Department and Caltrans web site. Tetra tech will assist the City in preparation of the necessary forms and documents. The City will review and remit the completed package to Caltrans and obtain a Construction Authorization. The general items that the City will need to submit to Caltrans are: a. HBRRP Cost/Schedule Change Request Form (Exhibit 6-D) and its approval by Caltrans b. Request for Authorization package to proceed for construction, (Chapter 3) c. Field Review form, (Chapter 7) d. Preliminary Environmental Studies (PES) form (Chapter 6) e. Approved Environmental Documents, (Chapter6, Exhibit 6-K) f. Right of Way Certification, (Chapter 13, Exhibit 13-A) g. PS&E Certification, (Chapter 12) EXHIBIT "A" CONTINUED: SPEC. NO. 97-10 FED. NO.5066 (008) SCOPE OF SERVICES 4. Local Agency Construction Contract Administration Checklist, (Chapter 15, Exhibit 15-A) i. Quality Assurance Program, (Chapter 16) Phase II: Tetra Tech will finalize the City's preliminary plans and specifications. The City and Caltrans have put together the attached preliminary plans and specifications. The final design package for the project shall include the following items: a. Complete Construction Plans and Specifications b. Engineering Cost Estimate c. Traffic Control Plans Tetra Tech will proceed with the Phase II following the approval of the Construction Authorization and approval of the design cost change by Caltrans. The Federal regulations will apply to the PS&E. Omission of required standards or "boiler plate" portions of the contract can mean loss of Federal funding. EXHIBIT B REMOVAL OF PEDESTRIAN BRIDGE OVER HARBOR DRIVE IN NATIONAL CITY SPEC. NO.97-10 FED. NO. 5066 (008) PAYMENT FOR SERVICES Payments to Tetra Tech Inc. for the DESCRIBED SERVICES (EXHIBIT A) shall be made in accordance with the contract agreement. Normal processing time for payments is four (4) weeks. Payment for the DESCRIBED SERVICES shall be based on the approved hourly charge rates in the contract. The payments will be based upon the actual number of hours performed on the project. The actual hours used for coordinating with Caltrans, Utilities, Rail Road, and Navy shall be based on a reasonable scheduling that resulted in the progress of the project. The total cost for the Phase I shall not exceed $24,792. The total cost for the Phase II shall not exceed $37,560. Tetra Tech will perform the Phase II of the work based upon approval of the HBRRP Cost/Schedule Change Request by Caltrans. See the attached Tetra Tech's cost proposal dated June 19, 2002 for the details. B. Reimbursable Expenses None. COST PRC SAL REMOVAL OF PEDESTRIAN BRIDGE OVER HARBOR DRIVE CITY OF NATIONAL CITY PREPARED BY: Tetra Tech, Inc. DATE: June 19, 2002 ESTIMATED LABOR HOURS PER CLASSIFICATION TOTAL DIRECT TOTAL PROJ PROJ ENGR DESIGN ENGR CAD OPER WORD PROC TOTAL LABOR HOURS LABOR COSTS COSTS COST $140.00 $110.00 $87.00 $78.00 $52.00 $100 $3,084 PARSE I - PRELIMINARY ENGINEERING 8 16 2 26 $2,984 $4,528 $4,528 1.1 Kick-off Meeting 8 24 20 52 $400 $6,368 1.2 Research and Data Collection 16 32 4 52 $5,968 $6,440 $100 $6,540 1.3 Coordination Meetings(4) 32 24 16 72 $0 $4,272 1.4 Document Preparation & Coordination Environmental Studies 8 16 16 40 $4,272 $24,192 $600 $24,792 1.5 Field Review and SUBTOTAL TASK 1 32 104 64 ...L_.,.-, %'4 M'^ 20 rw...PHASE 22 242 II OF PS&E -.DESIGN AND PREPARATION $12,408 $500 $12,908 2.a. Construction Plans and Specifications 4 20 32 32 88 144 $2,408 $2,920 2.a.1 Draft (60%) Plans (4) 10 4 32 84 $7,456 $500 $7,956 $1,136 2.a.2 Draft (60%) Specifications 4 16 16 48 $1,136 2.a.3 Final (100%) Plans (4) 4 8 12 $3,880 $500 $4,380 2.a.4 Final (100%) Specifcations 1 4 20 20 45 $1,500 $29,300 2.a.5 Final PS&E Package SUBTOTAL 9 56 92 156 4 317 $27,800 14 $1,24 0 $1,24 0 2,b. Cost Estimate 4 8 2 10 $916 $916 2.6.1 Draft Cost Estimate 2 8 24 $2,156 $0 $2,156 2.6.2 Final Cost Estimate SUBTOTAL 0 6 16 0 2 PLANS 56 $3,936 $100 $4,036 $4,036 $ 6,104 2.c. TRAFFIC CONTROL Plans 8 16 32 56 $,936 $100 2.c.1 Draft Traffic Control (3) Plans 8 164 84 $ 5,904 $ 200 2,c.2 Final Traffic Control (3) SUBTOTAL 0 12 24 0 48 $37,560 369 $31,924 $1,600 SUBTOTALTASK2 9 66 116 156 22 $2,20 $62,3522,352 41 170 180 176 44 611 $56,116 LABOR HOURS TOTAL ESTIMATED GRAND TOTAL COST ESTIMATED GRAND TOTAL 7/17/2002 NCBridgeRemoval FEEfi nal WORK SCHEDULE REMOVAL OF PEDESTRIAN BRIDGE OVER HARBOR DRIVE IN NATIONAL CITY SPEC. NO. 97-10 FED. NO 5066 (008) TETRA TECH, INC. Task Name TOTAL PROJECT TIME Duration 105 days Start Mon 7/22/02 Finish Fri 12/13/02 PHASE I: PRELIMINARY ENGINEERING 30 days Mon 7/22/02 Fri 8/30/02 Kickoff Meeting 0 days Mon 7/22/02 Mon 7/22/02 Document Preparation 10 days Mon 7/22/02 Fri 8/2/02 Environmental Studies 15 days Mon 7/22/02 Fri 8/9/02 Caltrans Approval Period 15 days Mon 8/12/02 Fri 8/30/02 PHASE II: PREPARATION OF PS&E 75 days Mon 9/2/02 Fri 12/13/02 60% Submittal 30 days Mon 9/2/02 Fri 10/11/02 City Review Period 10 days Mon 10/14/02 Fri 10/25/02 100% Submittal 20 days Mon 10/28/02 Fri 11/22/02 City Review Period 10 days Mon 11/25/02 Fri 12/6/02 Final Submittal 5 days Mon 12/9/02 Fri 12/13/02 July B M I E August BIMIE September B M ( E October B M I E November B M I E December B E Date: Mon 7/8/02 Task Milestone . Summary 9111.111.11.1. Page 1 t EXHIBIT C REMOVAL OF PEDESTRIAN BRIDGE OVER HARBOR DRIVE IN NATIONAL CITY SPEC. NO. 97-10 FED. NO. 5066 (008) LISTING OF SUBCONTRACTORS / SUBCONSULTANTS Listed below are any and all SUBCONSULTANTS, which the CONSULTANT plans to employ under this AGREEMENT. No change is allowed without the prior approval of the Contract Administrator. None. City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE August 06, 2002 CEnvironmental Review N/A 13 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #03 PREPARED BY C. Palazo DEPARTMENT Finance EXPLANATION Ratification of Warrant Register #03 per Government Section Code 37208. Financial Statement Not applicable. Approved By Finance Dire Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 496,862.21. BOARD / COMMISSION RECOMMENDATION . G iL' Lui t4 /7773 - /7772/ / 1t� ATTACHMENTS ( Listed Below ) 1. Warrant Register #03 2. Workers Comp Warrant Register dated 07/10/02 Resolution No. A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT ,MEETING DATE August 6, 2002 AGENDA ITEM NO. 14 ITEM TITLE WARRANT REGISTER #04 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #04 per Government Section Code 37208. CEnvironmental Review Financial Statement Not applicable. N/A Approved By: ` ✓ �' , cJ1t G � STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,146,787.72. BOARD / COMMISSIONnRECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #04 2. Workers Comp Warrant Register dated 07/17/02 3. Payroll Warrant Register dated 07/17/02 Resolution No. A-2D0 (9 99( City of National City, California COUNCIL AGENDA STATEMENT ,.FETING DATE August 6, 2002 15 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #05 PREPARED BY R. Palazo DEPARTMENT Finance EXPLANATION Ratification of Warrant Register #05 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Dire r Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 161,197.77. BOARD / COMMISSION, RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #05 2. Workers Comp Warrant Register dated 07/24/02 Resolution No. A-200 i999i =.mm. a.'asa*.acvvsqu�waurvm+�.v .wa. rva -u...w ., i ...axaaarswrvn=naq.Wu4� n. . City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE August 6, 2002 ITEM TITLE 16 AGENDA ITEM NO. CONSOLIDATED CASH AND INVESTMENT REPORT AS OF MAY 31, 2002 PREPARED BY T. Limfueco DEPARTMENT Finance EXPLANATION For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of May 31, 2002 is hereby submitted. This report reflects the components of the investment portfolio as of May 31, 2002 and the results of the investment program for the period then ended. The investment portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Environmental Review N/A Financial Statement Not applicable. Approved By: Financc Account No. STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD p!/C/OgqMMISSIO RECOMM DA ION ATTACHMENTS ( Listed Below ) 1. Cash Account Summary. 2. Portfolio Summary. 3. Portfolio Details - Investments. 4. Activity Report — Sorted by Brokers 5. Consolidated Cash Kepon`utaon No. 6. Monthly Statement of Receipts. 7. Monthly Statement of Disbursements. 8. Pooled Investment Transactions Report. A-200 (9 99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-May-02 BALANCE REVOLVING CASH $ 3,592.00 RETURNED CHECKS 18,214.80 BANK OF AMERICA #80200 (372,725.16) OUTSTANDING WARRANTS (240,921.51) PAYROLL OUTSTANDING WARRANTS (23,516.18) CASH HELD BY BROKERS 2,700.53 INVESTMENTS 13,214,464.62 LAIF 24,407,131.43 TOTAL INVESTMENT EARNINGS HISTORY: FISCAL YEAR 2001-02 2000-01 1999.00 1998-99 1997-98 1996-97 1995-96 1994-95 1993-94 1992-93 1991-92 1990.91 1989-90 1988-89 1987-88 1986-87 1985.86 $ 37,008,940.53 YEAR-TO-DATE TOTAL YEAR $ 1,032,804.30 $ 1,619,960.84 1,187,500.13 1,106,494.66 829,832.42 919,048.90 966,890.40 1,000,680.61 765,275.62 522,219.09 680,256.39 1,028,752.35 1,206,976.56 968,212.66 798,394.91 849,578.73 1,124,977.27 2, 642, 502.96 1,841,539.16 1,702,889.57 1,478,232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864, 052.63 1,303,878.52 1,544,993.71 1,311,930.94 979,435.87 1,048,978.23 1, 321, 688.93 11 May_02 Combined Cash Reconciliation Worksheets #i� ,� SymPro City of National City Portfolio Management Portfolio Summary May 31, 2002 City of National City Par Market Book % of Days to YTMIC YTM/C investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 7,509,000.00 7,509,221.37 7,509,000.00 66.82 803 561 4.650 , 4.715 Certificates of Deposit - Maturity 95,000.00 95,000.00 95,000.00 0.72 1,827 719 6.000 8.087, Negotiable/Transferable CDs 2,842,000.00 2,855,280.38 2,378,814.39 17.98 1,983 883 8.551 8.6880 Federal Agency Securities 3,205,000.00 3,214,171.53 3,205,000.00 24.25 1,256 1,180 4.539 4.502 Pass Through Securities 27,682.81 27,694.39 28,850.23 0.22 1,673 393 6.538 5.527 Investments 13,478,682.81 13,501,347.67 13,214,464.62 100.00% 1,134 765 5.339 5.413 Total Earnings May 31 Month Ending Fiscal Year To Date Current Year 55,033.50 Average Daily Balance 12,783,245.64 Effective Rate of Return 5.07% ?hd9.2- Marylou Matte , Director of Finance Run Date: 07/122002 - 08:59 849,925.52 Portfolio CNC CC PM (PRF_PM1) eymRept V5.02f CUSIP City of National City Portfolio Management Portfolio Details - Investments May 31, 2002 Page 2 Average Purchase Stated YTM/C Days ".o Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 786 07/26/2004 10666 Acuity Bank 02/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 286 02/22/2003 10563 Albernade First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 304 04/01/2003 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 894 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 667 03/29/2004 10719 Bank of Utica 05/21/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 354 05/21/2003 10830 Bank of Alamo 09/10/2001 99,000.00 99,000.00 99,000.00 4.500 4.500 101 09/10/2002 10577 Bankfirst NA 08/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 752 08/22/2004 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 345 05/12/2003 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 780 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,060.00 - 99,000.00 99,000.00 5.250 5.250 583 01/05/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 692 04/23/2004 10573 Bitteroot Valley Bank 08/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 389 08/25/2003 10446 Capital One Bank 01/09/2001 100,000.00 100,000.00 100,000.00 8.640 6.840 38 07/09/2002 10716 Colony Bank of Asbum 05/13/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 712 05/13/2004 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 699 04/30/2004 143876AX8 10843 Carolina Firtat Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 4.100 737 08/07/2004 10505 Capitol Federal Savings Bank 04/17/2001 99,000.00 99,000.00 99,000.00 5.310 5.310 16 06/17/2002 10702 City Bank 05/15/2002 95,000.00 92,822.60 95,000.00 4.900 4.900 1,809 05/15/20C 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5,200 355 05/22/2C2t3 10447 Capital One FSB 01/09/2001 99,000.00 99,000.00 99,000.00 6.630 6.630 38 07/09/' J2 10659 Conseco Bank, Inc. 01/03/2002 99,000.00 99,000.00 99,000.00 3.310 3.310 216 01/03/2J03 10569 Community Shores Bank 06/13/2001 99,000.00 99;000.00 99,000.00 5.200 5.200 377 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 580 01/02/2004 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 3.540 387 06/23/2003 10575 EDGAR COUNTY BANK & TRUST CO., 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 576 1229/2003 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 688 04/19/2004 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.900 258 02/14/2003 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 769 07/09/2004 340558CE3 10829 Florida Bank, NA 09/26/2001 99,000.00 99,000,00 99,000.00 5.150 5.150 1,578 09/26/2006 10670 First National Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 3.350 415 07/21/2003 10589 first Nab. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 363 05/30/2003 10899 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 698 04/29/2004 10701 FNB of Rockies 05/15/2002 95,000.00 95,000.00 95,000.00 4.850 4.850 1,809 05/15/2007 10517 FNB Of St Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 247 02/03/2003 10663 First State Bank, Russelville 01/31/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 244 01/31/2003 Run Date: 07/12/2002. 08:59 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Portfolio Details - Investments May 31, 2002 Page 3 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 385 Maturity - Date Certificates of Deposit • Monthly 10513 First State Bank of Texas 04/20/2001 99,000.00 99,000.00 99,000.00 5.260 5.260 142 10/21/2002 10600 FIRST STATE BANK OF OKABENA 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 773 07/13/2004 10669 Guaranty National Bank 03/11/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 283 03/11/2003 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00' 99,000.00 5.100 5.100 576 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 783 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 598 01/20/2004 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 895 04/26/2004 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 347 05/14/2003 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 538 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 772 07/12/2004 10565 Lakeland Community Bank 08/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 559 12/12/2003 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 663 03/25/2004 10640 Mercedes National Bank 11/27/2001 99,000.00 99,000.00 99,000.00 3.100 3.100 179 11/27/2002 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.157 709 05/10/2004 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 397 07/03/2003 10714 New Frontier Bank 05/07/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 706 05/07/2004 854062AMO 10564 NICOLET NATIONAL BANK 06/01/2001 99,000.00 101,398.77 99,000.00 5.100 5.100 548 12/01/20L13 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 772 07/12/2004 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.200 772 07/12/2204 10894 Premier Bank 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 691 04/22/2004 743838SS4 10644 Provident Bank 12/19/2001 95,000.00 95,000.00 95,000.00 4.375 4.375 1,844 06/19/2007 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.480 769 07/C9/2004 10525 Peoples State Bank 05/25/2001 99,000.00 99400.00 99,000.00 5.300 5.300 542 11125/2003 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 294 03/22/2003 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 569 1J' 22/2003 10571 St. Joseph Capital Bank 06/21/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 205 12/23/2002 10718 Southern New Hampshire B&T Co. 05/07/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 340 J5/07/2003 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 646 03/08/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 603 01/25/2004 10590 First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 362 05/30/2003 10572 TREASURY BANK- EFFINITY 08/22/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 206 12/24/2002 10665 Today's Bank 02/08/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 252 02/08/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 776 07Nmom 10516 Union National Bank 05/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 184 12/02/2002 10601 Union Bank - 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 776 07/16/2004 10802 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 598 01/20/2004 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f Run Date: 07/12/2002 - 08:59 City of National City Portfolio Management Page 4 Portfolio Details - Investments May 31, 2002 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10578 WORLD'S FOREMOST BANK, N.A. 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 759 08/29/2004 10661 West Pointe Bank 01/10/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 313 04/10/2003 10568 WILLIAMSTOWN SAVINGS BANK 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 377 06/13/2003 10574 YORK STATE BANK & TRUST 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 576 12/29/2003 Subtotal and Average 7,350,032.26 7,509,000.00 7,509,221.37 7,509,000.00 4.715 561 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 719 05/20/2004 Subtotal and Average 95,000.00 95,000.00 95,000.00 95,000.00 6.083 719 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 8.760 15.799 986 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 605 01/27/2004 0849999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74.790.18 8.780 15.798 957 01/13/2005 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 606 01/28/2004 258115AV6 10041 Doral FSB 12/10/1998 99,000.00 99,000.00 98,384.22 5.350 5.493 557 12/10/2003 10031 Fainters Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 13.789 488 10/02/2:03 30241 HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.700 648 03/10/2.004 358611 FU2060 10188 Fremont Investment & Loan 04/07/1999 97,000.00 100,485.81 97,000.00 5.600 5.600 676 04/07 2004 39739BS36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 103,511.00 100,000.00 5.600 5.800 655 03/17/2004 10262 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 15.190 788 07/28/2004 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 100,293.15 97,000.00 5.500 5.500 676 04/07/2004 458657EV1 10888 INTERCRDIT BANK 04/30/2002 95,000.00 95,000.00 95,009.00 4.900 4.900 1,794 04/30/2007 51803KG35 10078 Lasalle Bank NA 01/25/1999 95,000.00 95,000.00 95,000.00 6.000 6.000 4,256 01/25/2014 51803AVL0 10327 Lasalle Bank NA 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.685 3,251 04/28/2011 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 664 03/28/2004 509665AC7 10165 Lake Forest Bank & Trust 04/08/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 664 03/26/2004 55262WWR3060 10151 MBNA America 03/03/1999 97,000.00 98,947.76 97,000.00 5.400 5.400 27503/03/2003 10329 Bank of Mount Vernon 02/28/1999 100,000.00 100,000.00 69,971.36 6.550 15.910 1,201 09/14/2005 10038 Nations Bank (Barnett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 428 08/03/2003 60621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 94,338.09 99,000.00 5.750 5.750 521 11/04/2003 82668FCS4 10137 Signet Bank 03/01/1999 95,000.00 95,000.00 - 97,886.10 6.250 5.500 515 10/29/2003 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 100,036.10 97,000.00 5.400 5.400 641 03/03/2004 856284GL2060 10135 State Bank of India 02/12/1999 97,000.00 99,868.47 98,658.70 5.850 5.405 395 07/01/2003 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 609 01/31/2004 10281 Upstate National Bank 10/05/1999 100,009.00 100,000.00 78,963.99 6.570 14.890 510 10/24/2003 Run Date: 07/12/2002 - 08:59 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Portfolio Details - Investments May 31, 2002 Page 5 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 385 Maturity Date Negotiable/Transferable CDs 90331V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 18.505 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 Subtotal and Average 2,499,863.35 2,642,000.00 2,855,260.38 2,378,614.39 8.669 883 978 02/03/2605 635 02/2512004 Federal Agency Securities 3133MHPDOC 10631 Federal Home Loan Bank 10/10/2001 100,000.00 100,281.00 100,000.00 4.550 4.550 1,045 04/11/2005 3133MHPL2C 10632 Federal Home Loan Bank 10/11/2001 100,000,00 100,250.00 100,000.00 4.520 4.520 1,045 04/11/2005 3133MJFR6 10639 Federal Home Loan Bank 11/07/2001 100,000.00 99,710.76 100,000.00 3.500 3.500 1,255 11/07/2005 3133MKQY6 10645 Federal Home Loan Bank 12/27/2001 105,000.00 105,000.00 105,000.00 4.050 4.052 849 09/27/2004 3133MKQG5C 10648 Federal Home Loan Bank 12/28/2001 100,000.00 100,188.00 100,000.00 4.600 4.600 1,123 06/28/2005 3133MKGG6 10652 Federal Home Loan Bank 12/21/2001 100,090.00 100,063.43 100,000.00 5.000. 5.000 751 06/21/2004 3133MKEK9 10653 Federal Home Loan Bank 12/21/2001 100,000.00 100,121.07 100,000.00 4.000 4.000 934 12/21/2004 3133MKRP4C 10656 Federal Home Loan Bank 01/08/2002 100,000.00 100,281.00 100,000.00 4.820 4.820 1,133 07/08/2005 3133MKX85C 10657 Federal Home Loan Bank 01/24/2002 100,000.00 100,438.00 100,000.00 5.000 5.002 1,241 10/24/2005 3133ML3X1C 10658 Federal Home Loan Bank 01/29/2002 100,000.00 100,406.00 100,000.00 4.720 4.720 1,154 07/29/2005 3133MKY35 10684 Federal Home Loan Bank 01/24/2002 100,000.00 100,000.00 100,000.00 4.500 4.500 1,698 01/24/2007 3133MHLHN8 10068 Federal Home Loan Bank 02/15/2002 100,000.00 99,537.00 100,000.00 3.250 3.250 990 02/15/2005 3133MM4T7C 10873 Federal Home Loan Bank 03/21/2002 100,000.00 100,094.00 100,000.00 4.705 4.707 1,299 12/21/2005 3133MMDQ3C 10674 Federal Home Loan Bank 03/27/2002 100,000,00 100,531.00 100,000.00 4.625 4.627 1,305 12/27/2005 3133MMHD8C 10675 - Federal Home Loan Bank 03/28/2002 100,000.00 100,188.00 100,000.00 4.830 4.830 1,215 09/28/2005 3133MMGZOC 10676 Federal Home Loan Bank 03/28/2002 100,000.00 100,188.00 100,000.00 4.780 4.780 1,215 09/28/2005 3133MMDC4 10677 Federal Home Loan Bank 03/28/2002 100,000.00 100,688.00 100,000.00 4.102 4.104 941 12/28/2004 3133MMHV8 10678 Federal Home Loan Bank 03/28/2002 100,000.00 101,063.00 100,000.00 4.200 4.200 850 09/28/2004 3133MMP23C 10684 Federal Home Loan Bank 04/12/2002 100,000.00 100,344.00 100,000.00 5.080 5.082 1,321 01/12/2006 3133MMRR6C 10685 Federal Home Loan Bank - 04/17/2002 100,000.00 100,375.00 100,000.00 5.100 5.100 1,234 10/17/2005 3133MMJ79 10666 Federal Home Loan Bank 04/04/2002 100,000.00 101,281.00 100,000.00 4.500 4.500 1,038 04/04/2005 3133MMMA8 10687 Federal Home Loan Bank 04/11/2002 100,000.00 100,313.00 100,000.00 5.000 5.000 1,228 10/11/2005 3133MMKV4 10689 Federal Home Loan Bank 04/05/2002 100,000.00 100,300.62 100,000.00 5.000 5.000 1,222 10/05/2005 3133MMN58 10690 Federal Home Loan Bank 04/11/2002 100,000.00 100,347.68 100,000.00 5.030 5.030 1,228 10/11/2005 3133MMWRO 10691 Federal Home Loan Bank 04/19/2002 100,000.00 100,432.11 100,000.00 5.200 5.200 1,236 10/19/2005 3133MNP54C 10704 Federal Home Loan Bank 05/28/2002 100,000.00 100,438.00 100,000.00 4.625 4.625 1,276 11/28/2005 3133MNSL6C 10705 Federal Home Loan Bank 05/28/2002 100,000.00 100,000.00 100,000.00 4.700 4.700 1,276 11/28/2005 3133MNQB0C 10706 Federal Home Loan Bank 05/28/2002 100,000.00 100,469.00 100,000.00 4.650 4.650 1,276 11/28/2005 3133MNFH9C 10711 Federal Home Loan Bank 05/08/2002 100,000.00 100,228.00 100,000.00 4.000 4.000 1,256 11/08/2005 3133MNNG2 10712 Federal Home Loan Bank 05/28/2002 100,000.00 99,754.88 100,000.00 4.640 4.641 1,368 02/28/2006 3133MNLC3 10713 Federal Home Loan Bank 05/23/2002 100,000.00 100,422.00 100,000.00 4.500 4.502 1,179 08/23/2005 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f Run Date: 07/12/2002 - 08:59 CUSIP Investment# Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments May 31, 2002 Purchase Date Par Value Market Value Page 6 Stated YTM/C Days to ; Maturity Book Value Rate Moody's 386 Maturity Date Federal Agency Securities 3138F0ST0C 10612 Federal Nab. Mortgage Assoc Subtotal and Average 2,808,225.81 07/18/2001 100,000.00 100,438.00 100,000.00 6.500 3,205,000.00 3,214,171.53 3,205,000.00 5.500 982 01/18/2005 4.602 1,160 Pass Through Securities 3133TGSG5 31364TKP5060 31376PGY5 36218V059020 36202A5C7020 36218NZQ7020 10837 Federal Home Loan Mrtgage Corp 10103 Federal Nat. Mortgage Assoc. 10128 Federal Nag. Mortgage Assoc. 10087 Govt. National Mortgage Assoc. 10091 Govt National Mortgage Assoc. 10110 Govt National Mortgage Assoc. Subtotal and Average 30,124.23 11/30/1098 02/18/1998 12/01/1998 11/12/1997 11/25/1997 04/16/1998 0.00 0.00 27,528.78 -25.64 124.73 54.94 0.00 0.00 27,528.78 -25.84 132,64 58.61 0.00 0.00 28,690.66 -26.70 129.41 58.86 27,682.81 27,694.39 28,850.23 8.000 8.250 8.500 8.500 8.500 8.000 6.000 0 01/15/2013 7.307 0 11/01/2004 6.828 395 07/01/2003 8.885 106 09/15/2002 7.000 111 09/20/2002 6.344 44 07€15/2002 • 6.627 393 Total Investments and Average Run Date: 07/122002. 08:59 12,783,245.64 13,478,682.81 13,501,347.87 13,214,484.62 5.413 765 Portfolio CNC CC PM (PRF_PM2) SymRept V5.024 .-71414 SymPro City of National City Activity Report Sorted By Brokers May 1, 2002 - May 31, 2002 City of National City Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly 10701 10702 FNB of Rockies City Bank Subtotal and Balance 4.850 05/15/2002 4.900 05/15/2002 95,000.00 0.00 95,000.00 0.00 384,000.00 190,000.00 0.00 574,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs 789369HG3 10075 St Francis Bank FSB 55256NKS2 10077 M & I Marshall & lisley Bank 10195 FNB of America 33847EGE1 10205 Flagstar Bank Subtotal and Balance 2,338,000.00 6.000 05/06/2002 6.050 05/06/2002 5.500 05/06/2002 5.500 05/14/2002 0.00 0.00 0.00 0.00 0.00 95,000.00 95,000.00 95,000.00 95,000.00 380,000.00 1,958,000.00 Federal Agency Securities Subtotal and Balance 205,000.00 205,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 21.215% Brokers: Gilford Securities Inc 8.500 05/15/2002 29,733.23 3,051,733.23 0.00 2,204.45 0.00 190,000.00 2,204.45 27,528.78 382,204.45 2,859,528.78 Federal Agency Securities 0.00 100,000.00 3133MLJ83C 10667 Federal Home Loan Bank 4.740 05/15/20020.00 3133MNP54C 10704 Federal Home Loan Bank 4.625 05/28/2002 100,000.00 05/28/2002 100,000.00 0.00 3133MNSL6C 10705 Federal Home Loan Bank 4.700 100,000.00 0.00 3133MNQBOC 10706 Federal Home Loan Bank 4.650 05/28/2002 3133MNFH9C 10711 Federal Home Loan Bank 4.000 05/08/2002 100,000.00 0.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f Run Date: 07/12/2002 - OP."' City of N. ;dal City Activity Report May 1, 2002 - May 31, 2002 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 2 Subtotal and Balance 1,400,000.00 400,000.00 100,000.00 1,700,000.00 Brokers Subtotal 12.613% 1,400,000.00 400,000.00 100,000.00 1,700,000.00 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10718 Southern New Hampshire B&T Co. 10719 Bank of Utica Subtotal and Balance 3.250 05/07/2002 3.200 05/21/2002 99,000.00 0.00 99,000.00 0.00 1,388,000.00 198,000.00 0.00 1,586,000.00 Negotiable/Transferable CDs 32109VAH7 10203 FNB of Lucedale Subtotal and Balance 781,000.00 5.500 05/13/2002 0.00 97,000.00 0.00 97,000.00 684,000.00 Pass Through Securities 36202A5C7020 10091 Govt. National Mortgage Assoc. 8.500 05/20/2002 0.00 247.32 36202A2B2020 10106 Govt. National Mortgage Assoc. 7.500 05/20/2002 0.00 7.00 36218NZQ7020 10110 Govt. National Mortgage Assoc. 8.000 05/15/2002 0.00 161.19 Subtotal and Balance 568.59 0.00 415.51 153.08 Brokers Subtotal 16.843% 2,169,568.59 198,000.00 97,415.51 2,270,153.08 Brokers: Mischler Financial Group Inc Federal Agency Securities Subtotal and Balance 300,000.00 Brokers Subtotal 2.226% 300,000.00 0.00 300,000.00 0.00 300,000.00 Brokers: PaineWebber inc Federal Agency Securities 3133MNLC3 10713 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 2.226% 200,000.00 200,000.00 4.500 05/23/2002 100,000.00 0.00 100,000.00 100,000.00 0.00 300,000.00 0.00 300,000.00 Brokers: U.S. Sterling Capital Corp. Portfolio CNC CC DA (PRF_DA) SymRept V5.02f Run Date: 07/12/2002. 09:01 City of National City Activity Report May 1, 2002 - May 31, 2002 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Certificates of Deposit - Monthly 10192 Associates National Bank 5.850 05/06/2002 0.00 100,000.00 10204 Michigan Heritage Bank 5.700 05/13/2002 0.00 99,000.00 10518 Mesa Bank 5.000 05/09/2002 0.00 99,000.00 10520 Colony Bank of Asbum 5.000 05/13/2002 0.00 99,000.00 10522 Rushmore State Bank 5.000 05/15/2002 0.00 99,000.00 10714 New Frontier Bank 4.100 05/07/2002 99,000.00 0.00 10715 Mesa Bank 4.100 05/09/2002 99,000.00 0.00 10716 Colony Bank of Asbum 4.000 05/13/2002 99,000.00 0.00 10717 Traditional Bank 4.250 05/16/2002 99,000.00 0.00 Subtotal and Balance 5,449,000.00 396,000.00 496,000.00 5,349,000.00 Brokers Subtotal 39.685% 5,449,000.00 396,000.00 496,000.00 5,349,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 3133MNNG2 10712 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 5.193% 600,000.00 600,000.00 4.640 05/28/2002 100,000.00 0.00 100,000.00 100,000.00 0.00 700,000.00 0.00 700,000.00 Total 100.000% 13,170,301.82 1,384,000.00 1,075,619.96 13,478,681.86 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f Run Date: 07/12/2002 - 09:01 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT MAY 2002 FUND NUMBER FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 106 GRANT -CA LITERACY CAMPAIGN 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 178 POLICE HAT BADGES 179 NPT BUS DONATIONS FUND 183 LITERACY INITIATIVES VI 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 1303 191 GRANT- STOP PROJECT 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 200 30TH STREET CLEANUP FUND - 1304 203 PARK SECURITY/GTE LEASE 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 209 FY99-00 LITERACY INITIATIVES VIII 210 FY99-00 F.U.L.F.LL.L. 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 214 EVERY 15 MINUTES GRANT FY1999-2000 216 FULFILL GRANT FY 2001-2002 219 FY00-01 LITERACY INITIATIVE IX 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 222 WOW MOBILE GRANT FY 2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00-01 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 227 CLLS MATCHING FUNDS FY 2000-2001 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 234 EMPLOYEE COMPUTER PURCHASE FUND 270 NUISANCE ABATEMENT FUND 272 LITERACY INITIATIVES X 303 CAPITAL FACILITIES FUND 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCALITRANSNET HIGHWAY 343 STATE -LOCAL PARTNERSHIP 345 TRAFFIC CONGESTION RELIEF 347 PUBLIC RESOURCES ACCOUNT 363 SECURITY & FIRE ALARM REGULATION FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 719 1911 ACT IMPROVEMENT BONDS 721 LIBRARY TRUST FUND 725 PLANNING 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 727 BUILDING AND SAFETY T & A DEPOSITS TOTAL ENDING BALANCE 5,717,879.73 501,511.68 876.09 489.16 169,053.64 1,133,069.92 50,000.00 95,000.00 34,543.95 58,959.93 8,694.50 8,331,929.33 248.11 225,601.94 357,672.44 11,813.53 2,217.93 131,983.60 29,250.81 11,378.56 206,207.58 24,681.06 470,382.58 29,327.17 122,189.72 129,098.77 72.56 614.65 1,991.68 1,581,331.47 248,883.27 50,970.35 787,886.74 624,844.65 50,000.00 11,392.91 636,806.06 28,000.00 190,840.49 8.60 196.62 98,299.51 577,687.00 2,833.95 33,522.00 4,278.94 17,052.63 37,914.85 2,592.09 409446.31 8,811.20 672.96 69,271.98 60,166.93 50,000.00 2,633.38 153,299.77 345,243.40 137,117.00 2,163,955.24 863,864.91 480,306.82 98,465.89 505,028.51 8,686.45 35,972.50 676,042.75 4,635,854.65 374,033.58 1,779,181.32 502,717.60 8,681.44 133,344.00 581,767.24 1,424.52 43,645.11 450.00 34,272.32 2,500.00 37,008,940.53 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING MAY MAY FUND # FUND TITLE REVENUE YTD REVENUE 001 GENERAL FUND 1,632,630.72 22,575,185.63 104 LIBRARY FUND 0.00 235,650.18 105 PARKS MAINTENANCE FUND 0.00 279,092.40 108 LIBRARY CAPITAL OUTLAY 1,327.67 54,851.41 109 GAS TAXES FUND 80,983.61 667,687.02 111 P.O.S.T. FUND 10,776.86 97,338.64 115 PARK & REC CAPITAL OUTLAY FUND 125.00 3,251.80 120 PLAN CHECKING REVOLVING FUND 5,401.90 68,105.29 123 GRANT -FAMILIES FOR LITERACY 0.00 33,883.75 125 SEWER SERVICE FUND 355,239.67 3,701,947.88 130 EMT-D REVOLVING FUND 5,895.00 34,475.00 131 ASSET FORFEITURE FUND 12,055.86 163,869.12 135 SD COUNTY REG AUTO THEFT TASK 20,610.24 62,080.54 136 TINY TOT CLASSES FUND 40.00 4,840.00 145 JUVENILE EDUCATION FUND 0.00 -23,542.00 147 GRANT -JUDGE PROGRAM 0.00-63,372.11 154 STATE PUBLIC LIBRARY FUND 0.00 200,235.11 158 SWIMMING POOL REVOLVING FUND 3,287.50 24,673.25 171 LIBRARY SCHOOL DISTRICT CNTRCT 0.00 62,413.62 172 TRASH RATE STABILIZATION FUND 16,206.21 154,147.84 173 NATIONAL SCHOOL DIST CONTRACT 0.00 25,459.00 174 SWEETWATER SCHOOL DIST CONTRAC 127,449.00 127,594.21 176 POLICE REIMBURSED OVERTIME 2,170.80 34,736.45 178 POLICE HAT BADGES 0.00 36.28 188 GRANT - HIDTA 0.00 36,400.04 190 30TH STREET CLEANUP FUND - 1303 570.06 8,181.49 191 GRANT - STOP PROJECT 14,329.00 109,298.00 192 LEASE ESCROW FUND 1,174.48 121,152.88 198 PROPERTY. EVIDENCE SEIZURE 0.00 51.16 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 36,441.00 200 30TH STREET CLEANUP FUND - 1304 1,425.23 19,766.81 201 NCJPFA DEBT SERVICE FUND 0.16 488,027.49 204 GALE GRANT 0.00-9,784.94 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 0.00 113,399.00 210 FY99-00 F.U.L.F.I.L.L. 0.00 18,118.16 211 SECURITY AND ALARM REGULATION FUND 6,106.06 48,606.33 212 PERSONNEL COMPENSATION FUND 20,769.00 228,459.00 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 0.00 124,389.36 216 FULFILL GRANT FY 2001-2002 0.00 69,300.00 218 HIHG INTENSITY PREVENTION ZONE 0.00 79,767.15 219 FY00-01 LITERACY INITIATIVE IX 0.00 262,175.35 220 LOCAL LAW ENF. BLOCK GRANT FY2000-20 0.00 83,919.46 222 WOW MOBILE GRANT FY 2000-2001 37,800.00 116,369.26 223 FACE TO FACE INFORMATION GRANT FY 00 0.00 19,432.14 225 ENGLISH LANGUAGE LITERACY INCENTIVE 0.00 677,263.02 227 CLLS MATCHING FUNDS FY 2000-2001 0.00 18,469.00 228 GROWING WITH MOTHER GOOSE GRANT 0.00 19,781.33 229 CLEEP GRANT 0.00 47,474.00 231 HOUSING PILOT PROGRAM 24,274.00 47,324.00 232 TRAN DEBT SERVICE FUND 0.00 10,019.12 233 LOCAL LAW ENF. BLOCK GRANT FY2001-20 0.00 147,125.00 234 EMPLOYEE COMPUTER PURCHASE FUND 0.00 50,000.00 272 LITERACY INITIATIVES X 12,100.00 264,330.00 301 GRANT-C.D.B.G. 0.00 405,156.87 302 CDC PAYMENTS 9,139.29 175,877,54 307 PROPOSITION A" FUND 0.00 -218,447.15 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 755,918.77 312 STP LOCAL/TRANSNET HIGHWAY 0.00 -7,862.28 313 GRANT-CMAQ 0.00 -359,925.59 343 STATE -LOCAL PARTNERSHIP 0.00-649.61 345 TRAFFIC CONGESTION RELIEF 0.00 128,916.98 la.-0R 14 MAY FUND # FUND TITLE REVENUE YTD REVENUE 347 PUBLIC RESOURCES ACCOUNT 0.00-49,140.00 348 STATE GRANT 0.00 263,412.00 552 TDA 0.00 1,384,787.85 626 FACILITIES MAINT FUND 177,594.00 1,953,737.18 627 LIABILITY INS. FUND 165,971.12 1,659,619.45 628 GENERAL SERVICES FUND 18,241.00 200,651.00 629 INFORMATION SYSTEMS MAINTENANC 39,600.00 491,226.00 630 OFFICE EQUIPMENT DEPRECIATION 20,921.00 228,547.00 631 TELECOMMUNICATIONS REVOLVING 23,361.00 236,971.00 632 GENERAL ACCOUNTING SERVICES 42,492.00 469,522.00 633 UNEMPLOYMENT INSURANCE RESERVE 3,193.00 35,123.00 643 MOTOR VEHICLE SVC FUND 104,637.00 1,151,516.72 721 LIBRARY TRUST FUND 0.00-713.43 TOTALS 2,997,897.44 40,684,140.22 f MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING MAY FUND NO. FUND TITLE MAY YTD.MAY 001 GENERAL FUND 1,997,398.81 19,612,565.61 104 LIBRARY FUND 101,953.96 1,005,100.05 105 PARKS MAINTENANCE FUND 101,043.04 1,123,182.94 108 LIBRARY CAPITAL OUTLAY 215.48 19,415.17 109 GAS TAXES FUND 4,864.43 935,224.02 111 P.O.S.T. FUND 6,466.61 105,994.33 112 LOWER SWEETWATER FUND 0.00 4,254.28 113 CULTURAL ARTS FUND 0.00 5,000.00 115 PARK & REC CAPITAL OUTLAY FUND 131.00 1,441.00 120 PLAN CHECKING REVOLVING FUND 7,874.36 31,796.60 123 GRANT -FAMILIES FOR LITERACY 5,450.93 25,189.25 125 SEWER SERVICE FUND 1,252,066.75 7,241,392.92 130 EMT-D REVOLVING FUND 2,366.05 4,200.58 131 ASSET FORFEITURE FUND 0.00 43,384.46 135 SD COUNTY REG AUTO THEFT TASK 7,197.01 76,777.53 136 TINY TOT CLASSES FUND 579.61 3,889,61 145 JUVENILE EDUCATION FUND 0.00 5,567.22 147 GRANT -JUDGE PROGRAM 5,600.54 65,046.54 154 STATE PUBLIC LIBRARY FUND 2,941.85 67,316.28 158 SWIMMING POOL REVOLVING FUND 0.00 20,204.25 171 LIBRARY SCHOOL DISTRICT CNTRCT 11,048.04 36,958.59 172 TRASH RATE STABILIZATION FUND 2,190.48 37,779.89 173 NATIONAL SCHOOL DIST CONTRACT 0.00 7,567.00 174 SWEETWATER SCHOOL DIST CONTRAC 5,737.79 66,006.89 182 COPS GRANT PART II 0.00 0.00 188 GRANT - HIDTA 7,759.98 65,594.46 189 CIVIC CENTER REFURBISHING 14,247.50 94,748.48 190 30TH STREET CLEANUP FUND - 1303 0.00 32,969.69 191 GRANT - STOP PROJECT 14,068.42 136,645.99 192 LEASE ESCROW FUND 10,656.08 85,696.78 193 COPS GRANT PART III 2,287.59 22,818.11 195 LANDSCAPE RESERVE 2,247.00 81,528.87 196 CAPITAL PROJECT RESERVE 55,928.95 135,174.10 198 PROPERTY EVIDENCE SEIZURE 0.00 389.04 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 36,441.00 200 30TH STREET CLEANUP FUND - 1304 2,752.08 8,117.30 201 NCJPFA DEBT SERVICE FUND 0.02 488,276.12 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 37,732.69 43,708.62 210 FY99-00 F.U.L.F.I.L.L. 0.00 17,921.54 211 SECURITY AND ALARM REGULATION FUND 2,966.13 31,175.60 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 99-0 0.00 124,389.36 216 FULFILL GRANT FY 2001-2002 0.00 25,000.00 218 HIHG INTENSITY PREVENTION ZONE 12,493.82 147,077.26 219 FY00-01 LITERACY INITIATIVE IX 0.00 257,896.41 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 0.00 66,866.83 222 WOW MOBILE GRANT FY 2000-2001 7,873.76 76,811.29 223 FACE TO FACE INFORMATION GRANT FY 00-01 0.00 16,840.05 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 31,052.68 276,513.28 227 CLLS MATCHING FUNDS FY 2000-2001 834.44 9,657.80 228 GROWING WITH MOTHER GOOSE GRANT 0.00 19,108.37 229 CLEEP GRANT 481.87 97,353.02 230 ABANDONED VEHICLE ABATEMENT GRANT 8,480.67 81,612.02 231 HOUSING PILOT PROGRAM 7,240.79 60,986.07 232 TRAN DEBT SERVICE FUND 0.00 39,701.84 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 33,667.00 86,958.07 272 LITERACY INITIATIVES X 5,310.78 111,030.23 301 GRANT-C.D.B.G. 23,201.65 571,536.23` 302 CDC PAYMENTS 27,193.13 346,779.49 303 CAPITAL FACILITIES FUND 24,348.87 54,327.60 304 PARK DEVELOPMENT FUND 0.00 2,022.25 307 PROPOSITION A" FUND 62,374.82 923,474.94 FUND NO. FUND TITLE MAY YTD.MAY 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 450.00 313 GRANT-CMAQ 2,573.23 66,867.68 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 0.00 33,189.00 316 CALIFORNIA ENERGY COMM GRANT 13,648.79 26,148.80 343 STATE -LOCAL PARTNERSHIP 0.00 9,086.53 345 TRAFFIC CONGESTION RELIEF 36.02 19,103.70 348 STATE GRANT 13,571.46 51,445.70 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRN 0.00 2,800.87 552 TDA 64,407.39 1,556,873.85 626 FACILITIES MAINT FUND 124,751.33 1,326,456.89 627 LIABILITY INS. FUND 131,244.66 1,115,428.42 628 GENERAL SERVICES FUND 32,859.57 237,249.42 629 INFORMATION SYSTEMS MAINTENANC 24,812.51 291,289.58 630 OFFICE EQUIPMENT DEPRECIATION 54,741.55 468,185.63 631 TELECOMMUNICATIONS REVOLVING 8,648.86 163,456.97 632 GENERAL ACCOUNTING SERVICES 49,347.04 496,670.57 633 UNEMPLOYMENT INSURANCE RESERVE 3,829.00 6,000.00 643 MOTOR VEHICLE SVC FUND 38,330.31 1,151,154.80 721 LIBRARY TRUST FUND 0.00 35.11 TOTAL ALL FUNDS 4,523,129.18 42,244,296.64 City of National City Pooled Investment Transactions Report For the Month of May 2002 Date Description Institution Ref. No. Amount Beginning Balance 25,497,131.43 5/16 Deposit LAIF 168510 800,000.00 5/17 Deposit LAIF 720670 500,000.00 5/22 Withdrawal LAIF 481481 (690,000.00) 5/28 Withdrawal LAIF 260078 (700,000.00) 5/31 Withdrawal LAIF 783023 (1,000,000.00) Ending Balance 24,407,131.43 11 May_02 Combined Cash Reconciliation Worksheets 7/31/02 _4EETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 6, 2002 17 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Gilbert Lamas PREPARED BY Michael R. Dalla, CM EPARTMENT EXPLANATION City Clerk The claim of Gilbert Lamas arises from an occurrence on May 28, 2002 and was filed with the City Clerk's Office on July 9, 2002 Environmental Review _XNJA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION ATTAC ENTS ( Listed Below ) Copy of Claim for Damages. Resolution No. A-200 (9: 99( .EETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 6, 2002 18 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Alex Robles ,y PREPARED BY Michael R. Dalla, CM EPARTMENT City Clerk EXPLANATION The claim of Alex Robles arises from an occurrence on July 6, 2002 and was filed with the City Clerk's Office on July 12, 2002 Environmental Review XyN/A (-Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Copy of Claim for Damages. Resolution No. A-200 (9. 99) ,EETING DATE 8/6/02 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 19 ITEM TITLE STREET TREE COMMITTEE MINUTES PREPARED BY Jim Ruiz EXPLANATION Removal requests: DEPARTMENT Parks & Recreation 1709 Delta Street Requests removal of 2 trees because they are messy and cause pileup of debris. Committee recommends denial of removal because there is no visible damage. Environmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve minutes. BOARD / COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS a Listed Below ) Minutes Resolution No. A-200 (9'99) City of National City Parks and Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF THE STREET TREE COMMITTEE MEETING HELD ON JULY 18, 2002 Called to order at 2:00 p.m. • Present: Keen, Morales, and Ceseiia; Staff: Espinosa. • Absent: Schwitkis • Tree Removal Requests: Mr. Valentin S. Sanchez 1709 Delta Street Requests removal of ltree because it is causing plumbing problems. Committee recommends denial because of no visible damage. • Adjourned at 2:10 p.m. It'i1 �►�IAZ Parks Superintendent ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT .rEETING DATE August 6, 2002 AGENDA ITEM NO. 20 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUBMITTING TO THE VOTERS AN ADVISORY BALLOT PROPOSAL CONCERNING THE ISSUE OF ESTABLISHING A CITIZENS' POLICE OVERSIGHT COMMISSION, AND AMENDING RESOLUTION NO. 2002-84 AND 2002-85 PREPARED BY George H. Eiser, II EXPLANATION S DEPARTMENT City Attorney Based upon the motion approved at the July 16 City Council meeting, and upon additional input from members of the City Council, I have prepared the attached resolution, which would place an advisory measure on the November 5 ballot concerning the establishment of a Citizen's Police Oversight Commission. ( Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Proposed resolution. Resolution No. 2002-117 A-200 )9;99) RESOLUTION NO. 2002 — 117. • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUBMITTING TO THE VOTERS AN ADVISORY BALLOT PROPOSAL CONCERNING THE ISSUE OF ESTABLISHING A CITIZENS' POLICE OVERSIGHT COMMISSION, AND AMENDING RESOLUTION NOS. 2002-84 AND 2002-85 WHEREAS, pursuant to Resolution No. 2002-84, adopted on June 18, 2002, there has been called and ordered to be held in the City of National City on Tuesday, November 5, 2002, a General Municipal Election for the purpose of electing a mayor and two members of the city council; and WHEREAS, pursuant to Resolution No. 2002-85, adopted on June 18, 2002, the Board of Supervisors of the County of San Diego was requested to consent and agree to the consolidation of the General Municipal Election with the Statewide General Election on Tuesday, November 5, 2002, for the purpose of electing a mayor and two members of the city council; and WHEREAS, it is the desire of the City Council to place on the November 5, 2002 ballot an advisory ballot proposal concerning the issue of creating a Citizens' Police Oversight Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. That the City Council, pursuant to Section 9603 of the California Elections Code, does hereby order submitted to the voters at the General Municipal Election to be held on November 5, 2002, the following question: ADVISORY VOTE ONLY Shall the City Council of the City of National City establish a Citizen's Police Oversight Commission? YES ❑ NO ❑ Section 2. That Resolution No. 2002-84 is hereby amended to include this advisory measure to be submitted to the qualified voters of the City at the General Municipal Election to be held on November 5, 2002. Section 3. That Resolution No. 2002-85 is hereby amended to request the Board of Supervisors of the County of San Diego to authorize the Registrar of Voters to include this measure in the provision of specified services relating to the conduct of the General Municipal Election of the City of National City. -- Signature Page to Follow -- Resolution No. 2002 — August 6, 2002 Page Two PASSED and ADOPTED this 6th day of August, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: n/3 adt.;.m. George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 6, 2002 AGENDA ITEM NO. 21 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO AN ADVISORY BALLOT PROPOSAL CONCERNING THE ISSUE OF ESTABLISHING A CITIZENS' POLICE OVERSIGHT COMMISSION PREPARED BY EXPLANATION George H. Eiser, III'liDEPARTMENT City Attorney A companion item on the agenda is a resolution placing an advisory ballot proposal on the November 5, 2002 ballot concerning the issue of establishing a Citizens' Police Oversight Commission. Section 9280 of the California Elections Code authorizes the filing of an impartial analysis concerning a ballot proposal. Sections 9281-9283 of the Elections Code authorizes the filing of written arguments for or against any ballot proposal. The proposed resolution would: 1) Authorize the Mayor and City Council, or their designee, to prepare and file a written argument for the ballot proposal; 2) Establish regulations pertaining to arguments for and against the ballot proposal; 3) Direct the City Attorney to write an impartial analysis of the ballot proposal. • Environmental Review y N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. 2002-118 A-200 (9 99) RESOLUTION NO. 2002 — 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO AN ADVISORY BALLOT PROPOSAL CONCERNING THE ISSUE OF ESTABLISHING A CITIZENS' POLICE OVERSIGHT COMMISSION t WHEREAS, pursuant to Resolution No. 2002-84, adopted on June 18, 2002, there has been called and ordered to be held in the City of National City on Tuesday, November 5, 2002, a General Municipal Election for the purpose of electing a mayor and two members of the City Council; and WHEREAS, pursuant to Resolution No. 2002-85, adopted on June 18, 2002, the Board of Supervisors of the County of San Diego was requested to consent and agree to the consolidation of the General Municipal Election with the Statewide General Election on Tuesday, November 5, 2002, for the purpose of electing a mayor and two members of the City Council; and WHEREAS, pursuant to Resolution No. 2002- adopted on August 6, 2002, the City Council placed on the November 5, 2002 ballot an advisory proposal concerning the issue of creating a Citizens' Police Oversight Commission; WHEREAS, Section 9280 of the California Elections Code authorizes the filing of an impartial analysis and Sections 9281-9283 of said Code authorize the filing of written arguments for or against any ballot proposed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AS FOLLOWS: Section 1. Authorization to File Written Argument. The Mayor and City Council, or their designee, are hereby authorized to prepare and file a written argument for the ballot proposal to be submitted at said municipal election. All written arguments for or against the proposal shall not exceed 300 words in length and shall otherwise conform to and comply with all applicable provisions of the California Elections Code. The deadline date for the submittal of arguments, in favor or in opposition, shall be required by the City Clerk under Section 9286 of the California Elections Code. -- Signature Page to Follow -- Section 2. City Attomey's Impartial Analysis. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the proposal showing the effect of the ballot proposed on the existing law and the operation of the proposal, said analysis to be submitted by the City Attorney to the City Clerk for printing before the arguments for and against the proposal. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the California Elections Code. The deadline date for submittal of the analysis shall be required by the City Clerk. PASSED and ADOPTED this 6th day of August, 2002. George H. Waters, Mayor AT LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: n/3g.„;... George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT iEETING DATE August 6, 2002 22 AGENDA ITEM NO. ITEM TITLE RESOLUTION EXPRESSING DISAPPROVAL OF THE DECISION OF THE NINTH CIRCUIT COURT OF APPEALS IN NEWDOW V. U.S. CONGRESS PREPARED BY EXPLANATION George H. Eiser, III ,ADEPARTMENT City Attorney Chairman of the Board of Supervisors Ron Roberts has requested that the City council adopt a resolution disapproving the recent Ninth Circuit Court of Appeals decision in Newdow v. U. S. Congress, in which the court held the phrase "under God" in the Pledge of Allegiance to be unconstitutional. The Board of Supervisors adopted such a resolution on July 16, 2002; a copy of that resolution is attached. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Letter from Chairman Ron Roberts Resolution of Board of Supervisors Proposed resolution Resolution No. 2002-119 A-200 i9 99) RESOLUTION NO. 2002 — 119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY EXPRESSING DISAPPROVAL OF THE DECISION OF THE NINTH CIRCUIT COURT OF APPEALS IN NEWDOW V. U.S. CONGRESS WHEREAS, this country was founded on religious freedom by founders, many of whom were deeply religious; and WHEREAS, the First Amendment to the Constitution embodies principles intended to guarantee freedom of religion both through the free exercise thereof and by prohibiting the government from establishing a religion; and WHEREAS, the Pledge of Allegiance was written by Francis Bellamy, a Baptist Minister, and first published in the September 8, 1892 issue of the Youth's Companion; and WHEREAS, Congress in 1954 added the words "under God" to the Pledge of Allegiance; and WHEREAS, the Pledge of Allegiance has, for almost 50 years included references to the U.S. flag, the country, to our country having been established as a union "under God" and to this country being dedicated to securing "liberty and justice for all"; and WHEREAS, Congress in 1954 believed it was acting constitutionally when it revised the Pledge of Allegiance; and WHEREAS, the City Council of the City of National City believes that the Pledge of Allegiance is not an unconstitutional expression of patriotism; and WHEREAS, patriotic songs, engravings on U.S. legal tender, engravings of Federal buildings also contain general referenced to "God"; and WHEREAS, in accordance with decisions of the U.S. Supreme Court, public school students cannot be forced to recite the Pledge of Allegiance without violating their First Amendment rights; and WHEREAS, the City Council of the City of National City supports Congress' request that the U.S. Court of Appeals for the Ninth Circuit rehear the case of Newdow v. U.S. Congress, en bane. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City strongly disapproves of the Ninth Circuit Decision in Newdow v. U.S. Congress. -- Signature Page to Follow -- Resolution No. 2002 — August 6, 2002 Page Two PASSED and ADOPTED this 6th day of August, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, IlI City Attorney RON ROBERTS CHAIRMAN SUPERVISOR, FOURTH DISTRICT SAN DIEGO COUNTY BOARD OF SUPERVISORS July 19, 2002 The Honorable George H. Waters Mayor City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor Waters: As widely reported in recent weeks, the 9th U.S. Circuit Court of Appeals has ruled that the current Pledge of Allegiance recited by thousands of students, community members and government bodies is unconstitutional. According to Attorney General John Ashcroft, the government will seek a rehearing of the Court's decision. On July, 16, 2002 the San Diego County Board of Supervisors adopted the enclosed Resolution to express our county's support for the existing Pledge of Allegiance. The Pledge of Allegiance was originally written in 1892 by Francis Bellamy, a Baptist minister, and today's version that includes the additional two words "under God" was created by Congress in 1954. As America's military is fighting for our country and its freedom, it is important to defend the constitutionality of the Pledge of Allegiance, which has stood as a symbol of patriotism for the past 50 years. We respectfully urge you and your colleagues to adopt a similar resolution disapproving the Ninth Circuit Decision in Newdow v. U.S. Congress and supporting the Pledge of Allegiance as it is written today. Thank you for your consideration of this important matter. RON ROBERTS Chairman Board of Supervisors RR/sia cc: City Clerk Attachment COUNTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY, ROOM 335 • SAN DIEGO, CALIFORNIA 92101-2470 (619) 531-5544 • Fax: (619) 531-6262 •E-Mail: Ron-Roberts@co.san-diego.ca.us www.ronroberts.com ® Printed on recycled paper No. 02-242 Resolution of the Board of Supervisors Support for the Pledge of Allegiance On Motion of Supervisor Jacob resolution is adopted: , seconded by Supervisor Horn , the following Whereas, this country was founded on religious freedom by founders, many of whom were deeply religious; and Whereas, the First Amendment to the Constitution embodies principles intended to guarantee freedom of religion both through the free exercise thereof and by prohibiting the government establishing a religion; and Whereas, the Pledge of Allegiance was written by Francis Bellamy, a Baptist Minister, and first published in the September 8, 1892, issue of the Youth's Companion; and Whereas, Congress in 1954 added the words 'under God' to the Pledge of Allegiance; and Whereas, the Pledge of Allegiance has for almost 50 years included references to the U.S. flag, the country, to our country having been established as a union 'under God' and to this country being dedicated to securing `liberty and justice for all;' and Whereas, the Congress in 1954 believed it was acting constitutionally when it revised the Pledge of Allegiance; and Whereas, the San Diego County Board of Supervisors believes that the Pledge of Allegiance is not an unconstitutional expression of patriotism; and Whereas, patriotic songs, engravings on U.S. legal tender, engravings on Federal buildings also contain general references to 'God'; and Whereas, in accordance with decisions of the U.S. Supreme Court, public school students cannot be forced to recite the Pledge of Allegiance without violating their First Amendment rights; and Whereas the San Diego County Board of Supervisors supports. Congress' request that the U.S. Court of Appeals for the Ninth Circuit rehear the case of Newdow v. U.S. Congress, en banc: Therefore, be it Resolved that the San Diego County Board of Supervisors strongly disapproves of the Ninth Circuit Decision in Newdow v. U.S. Congress. 7/16/02 (10) PASSED AND ADOPTED by the Board of Supervisors, County of San Diego, State of California, on this 161 day of July, 2002, by the following vote: AYES: Jacob, Slater, Horn ABSENT: Cox, Roberts STATE OP CALIFORNIA) County of San Diego)ss I hereby certify that the foregoing is a full, true and correct copy of the Original Resolution entered in the Minutes of the Board of Supervisors. THOMAS J. PASTUSZKA Clerk of the Board of Supervisors By: c217.1u,fz_ /92 Denise McClendon, Deputy ;n Resolution No. 02-242 July 16, 2002 (10) ,6ETING DATE 08/06/02 City of National City, California *Refer to Item #3 COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 23 ITEM TITLE PREPARED BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROVAL OF THE 2001-2002 WEED ABATEMENT PUBLIC HE FINDINGS Donald Condon, Battalion Chief DEPARTMENT Fire EXPLANATION In accordance with National City Municipal Code, 1.36.100, the City Council shall consider the Weed Abatement Report and Account together with any objections or protests by any parties interested in same. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective lots or premises. In accordance with National City Municipal Code, 1.36.110, a copy of the resolution required by Section 1.36.100 shall be served on the responsible person, pursuant to the procedures set forth in Section 1.36.030, not later than fifteen days after the date of adoption of such resolution. This is the second time this item has appeared on Council agenda. This is due to the property at 1705 Grove Street, parcel 561-154-06-00, being sent to staff for review. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adoption of City Council Resolution confirming 2001 - 2002 Weed Abatement Public Hearing Report and Account. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Blow i 1. Resolution. 2. Fixed Charge Special Assessments Tax Year 2002-2003. 3. Case history on 1705 Grove Street, APN #561-154-06-00. Resolution No. 2002-120 A-200 (9/80) RESOLUTION NO. 2002- 12 G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT FOR FY 2001 /2002 WHEREAS, the, Chief of the Fire Department has heretofore filed in the Office of the City Clerk of National City an assessment attached hereto as Exhibit A for the certain weed abatement work in said City done under and pursuant to National City Ordinance No. 2081, adopted by the City Council on the 27th day September, 1994; and WHEREAS, after filing of said assessment the City Clerk has, as required by said ordinance, given notice of the filing of said assessment and of the time fixed in said notice for hearing by City Council and affidavit of posting of such notice has been made and is on file in the Office of the City Clerk; and WHEREAS, at the time and place fixed in such notice, to -wit, August 6, 2002, a hearing was fully held by this City Council at which all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Chief of the Fire Department, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, all such persons desiring to be heard have been heard by this City Council and the City Council is fully informed in the premises. NOW, THEREFORE, the City Council of the City of National City, does hereby find, resolve, determine and order, as follows: That said hearing has been duly held; that each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment, the proceedings and all: matters relating thereto, and all protests, objections or appeals be and the same are hereby overruled and denied and this City Council does hereby confirm said proceedings and said assessment and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this resolution. PASSED and ADOPTED this 6th day of August, 2002. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney EXHIBIT "A" Parcel Assessment Site Ad City of National City Weed Abatement Program Fixed Charge Special Assessments Tax Year 2002-2003 551 ‘...,"""CI 1111e Mail Address 480 16 00 551 570 13 00 $616.98 East of 1002 Delta National City Hughes Charles K 3841 NE Old Belfair Hwy Belfair WA 98528 551 570 $803.68 1015 E Division St National City 91950 Cazares Irma E 1926 Windmill View Rd El Cajon CA 92020 15 00 556 103 29 00 $480.20 1033 E Division St National City 91950 Sanchez Raymundo A;Carmen R Sanchez 1720 Melrose Ave #43 Chula Vista CA 91911 556 510 58 $396.68 212 D Ave National City 91950 Miranda German 405 S 36Th St San Diego CA 92113 00 556 510 $1,578.66 9Th St National City 91950 Parra Abel P/Lupe;Carver Glenn F 1038 E 8th St National City CA 91950 59 00 $1,012.08 9Th St National City91950 Parra Abel P/Lupe;Carver Glenn F 1038 E 8th St National City CA CA 91950 92008 556 510 60 00 556 590 $594.18 Plaza Blvd National City Appel Daniel H;Marlene M Trs 5963 La Place Ct #306 Carlsbad 43 00 557 180 01 00 $848.90 1133 E Plaza Blvd National City (Vac) North Plaza Trust 02-22-73 1615 Cordova St Los Angeles CA 90007 557 390 $5,709.82 N Ave National City Knights Express Ltd 3403 Kennelworth Ln Bonita CA 91902 29 00 561 154 06 $878.14 2105 E 16Th St National City 91950 Kenan Lyle R;Keiko Kenan Mscfe Seattle WA 91950 00 Total $9,967.94 1705 Grove St National City 91950 Lee Matthew C 1705 Grove St950 Nationalati City CA 91 Parcels: 11 •Total Assessm $22,887.26 CITY OF NATIONAL CITY FIRE DEPARTMENT STAFF REPORT DATE: June 28, 2002 TO: Randy Kimble, Fire Chief FROM: Donald Condon, Battalion Chief SUBJECT: 1705 Grove Street, APN 561 154 06 00 A Mr. Rolando Cota came forward at the City Council meeting on June 4, 2002 in regards to the public hearing to set by resolution the Report and Account of Fixed Charges Special Assessments. He stated that he is the current property owner of 1705 Grove Street and that he had not received any notification or abatement notice regarding his property at 1705 Grove Street. Mr. Cota stated that he had purchased the property approximately two years ago and has not transferred property ownership or title into his name. He also stated that he has not been living at the property and that there had been no mailbox on the property. He gave a contact phone number at the June 4. 2002 Council Meeting of (619) 563-4522 or (619) 267-3368. Mr. Cota did not produce any documentation to confine is statement of property ownership. The City Council requested that this property go back to staff for further review. The following are the findings of the review regarding the billing for abatement services provided by Fire Prevention Services Inc. on the subject property. History: Initial Field Inspection Conducted 8/7/01 First Abatement Notice Mailed to Owner of Record 8/8/01 Notice Returned (Attempt Unknown) Ownership Verified (SD County) ---- 8/23/01 Re -inspection of property was made (found to be in violation) Property Posted ---9/17/01 Final Notice Mailed, Certified Mail - 9/18/01 Certified Notice Returned (Attempt Unknown) Ownership Verified (SD County)- 9/27/01 Verified Ownership with County of San Diego 10/1/01 Abatement Authorized by DFM Burriss 10/2/01 FPSI Crews Abate Property - 10/8-10/01 Property Owner of Record Mailed a Bill for Abatement Services - 10/15/01 Property Owner of Record Mailed a Final Bill 0/31/01 Notice of Abatement Filed on Property 11/27/01 Notice of Public Hearing (Regular Mailed, Certified Mail, Posting) Public Hearing Held on Verified Ownership with County of San Diego 5/22/02 6/4/02 6/5/02 1 Verified Ownership with MetroScan 6/5/02 Verified Ownership with MetroScan 6/25/02 Findings: Property owner of record for this property is Mathew Lee. Title of ownership was transferred to Mr. Lee in January 2000. There is no record of a Mr. Rolando Cota as having any interest in this property. Records research was through County of San Diego and MetroScan. Search was conducted by, title, tax records, property, and parcel. Fire Prevention Services, Inc. and National City Fire Department conducted records search. Review of contract between the City of National City and Fire Prevention Services Inc. (FPSI) indicate that, FPSI has fulfilled their obligations and are entitled to payment. In the event that the City Council modifies, amends or relieves payment responsibility from the property owner the City of National City will be obligated to make payment for services rendered by Fire Prevention Services Inc. Property owner notification was conducted within the prescribed manner laid out and set forth by the National City Municipal Code and requirements as mandated by law. After discussion with Ken Osborn, President of FPSI, he has agreed to accept payment from the property owner over a twelve (12) month period at an interest free rate. Contacted Mr. Cota regarding abatement and notification of tentative council date of August 6, 2002. Mr. Cota stated that he has not contacted FPSI as of yet. I gave him FPSI phone number and Ken Osborn as the contact person regarding his property. He stated that he would contact FPSI. Mr. Cota did say that he purchased the property back on April 19, 2000 and that he had not recorded the purchase. He did state that he has given a copy of the bill of sale to the Building Department when he applied for his permit. He went on to say that he would bring his bill of sale to the Council Meeting with him. Mr. Cota said that his real-estate agent told him he was not required to record and that it would be a good idea to do some things to the property prior to recording Mr. Cota did state that within the last two weeks he has paid the property taxes. I first spoke with Mr. Cota's brother who stated that Rolando was not in but that he should be in at any time. He went on to say that he is helping his brother rebuild his house and that they have applied for a permit from the Building Department and are waiting for the permit to be issued. Staff Recommendations: I) That all negotiation regarding the property located at 1705 Grove Street be addressed to the property owner of record. 2) That assessed charges be upheld and reflected on the Fixed Charge Special Assessments for Tax Year 2002-2003. 3) Adoption of City Council Resolution confirming 2001-2002 Weed Abatement Public Hearing Report and Account. Attachments: 1) Photographs of property before and after abatement (Pg 3). 2) Photograph of physical posting of property (Pg 4). 3) Vicinity Map (Pg 5). 4) Parcel Map (Pg 6). 5) County of San Diego Treasures - Tax Collector (Ownership and Tax History) (Pg 7). 6) MetroScan Property Profile — Verification of ownership (Pg 8). 2 AP N : 561-154-06-00 3 •,yr „: •' ccc APN: 561-154-06-00 • . • POSTING OF PROPERTY 4 Thomas Bros. Ma 7 . c• .-1 \. ----,--- " ---, 171 k- 7 „. sl , - ,, .., '4 it.N., cil,,Se \ '-' ',';" • .,,p'..` ' ,- \%; ,\.-\-- -•)y‘..-,,I,,A,,,,,,. '' ,.. qc\‘, , .. ' ,A • r ' ,P Vi.. ' ., 77z.. ./pi,,o, ---•<()`' 6ss",' .' 2T "\ i .„,,.'.1 \ 7l.. 't;•A ..-'' -. \ — " .......0.- '"-• - -- -,4-./..--; 4• -:. \ . ...-'' 0 'S' \ '''<7. - ,,,,,- q r) •., 'c i - f.-.. - / ? . \ ..- ,,,..... . 4.' .(6 ' "7 • 70 ,1111r0 1„\\( -0 . , . , \ .. VI.QC ('C re...' ....t. ke... T:e ‘, A .T-,A k\.\-T.••"'" \ c;\ • " --> cP \ •'- ',"3 ., . ' \ , \ --1 .,,,,,_ 4,1i:-,. ,„.„:?, s -c\\ (-\" „ • / ""s,'"c BAY PLAZA 7' \ -o.) ,t,r1.-: ' ? 1:IC \ tr:,„,1-i,• ',\.3_,,- 5 {6' 7_,sc_,,,-,, \ , 0.N. ,,,. ,,..•., \\ . <' . 18 ,- N ---1 -7-.--\\ \ S‘ a '-- •020.t ,' r \\ 'c':',-- .. 1\A'-.'--\§ ' \ f\ , ).4.4\ :, :1 -. '-'c,,,F6 '-'..•.-. l. \ 01..' ..•.c,',,<, .' 1. s. - - 1 . ,. , .-;,.. \ r_ \0 S's 1.r.,—, 5s.- ,m\.• 7 \JR iS\\ ; \5 \y-— nvri, , ,, ' '7\ 'I'•A ,I,-.\ \-5,-\\• ,i4.\r ,e.: ,\', .) :e',0q,' .. .-s,\( "7s‘ \S \9 1 \--'?' \ \\'' \ " \\0--— ' S- -- NATIONA r i-\('-,, ).0 .I - -u Eix0,. A., —1‘c1\1 4 re', - S .. -s0 ). \ 7 COURSE b\c‘ 0i- S• c,. WY • ..I ,:LA.y )‘' S3 'Jt'."oR :..V. . -c, -•:.260. 401--.1, `-,S.,s1,r,,. '' „,. : .,,...5, 'c•,`,,,' 1 ...- .\. / , ,,: \:\ 4 \ e .: i!•1.,. 3.. 1 \ ..,. -•c'91/4, ,\,.L ,. ,cz,.-7,4N-,o- ,--- -'\ '..5 .I1 '‘,-.'\-'--'-.. \'\ < 1 1, 'C.)'T• ....‘ \ ,, c.-. • '''''' " -:.-i" i '','„ ';; e 4z, ,..\ atm\L _;_/_ - • , J A 1:1 1705 Grove St, National City, 91950, Page & Grid 1310 B1 16TH ST.% 0 o to • o m 17TH ST. • INTERSTATE T x 18TH ST. SAN UIEGO COUNTY ASSESSOR'S MAP 01 1 5 16 r.. p r. d • • •P'l:..a O ce STREET s •/.Io 1 El.�. A 1 V V •^'.Jo T ® , V a 3 COC BQID 1637CD' '® 11ol ©`BLK.PI Cr yy 1,11 i® 187X STREET 8 I"I VS U 0 0 ,MAP 1785—LINCOLN ACRES ORCHARD SUB RCS 1992 561-15 PROPERTY TAXES ON-LINE COUNtTY OF:SAtd DIEGO TREASURER,- TAX COLLECTOR Wed Jun 5 11:52:18 PDT 2002 Secured Tax Payments Date: Jun 5, 2002 Time: 11:52:18 Amount Displayed is as of June 4, 2002 San Diego County Treasurer -Tax Collectors Property Record Tax Year July 1, 2001 - June 30, 2002 Parcel Number: 561-154-06-00 Tax Rate Area: Owner Name: LEE MATTHEW C Mailing and Situs Address Cannot Be Shown In Compliance To Government Code Section 6254.21 VALUES and TAXES Land Values: Improvement Values: Personal Property: Home Owner Exemption: Any Other Exemption: Net Value: Rate: PAY M 1st Installment Due: 1.04924 ENTIN 2001/12/10 2nd Installment Due: 2002/04/10 77,211 63,548 0 Base 1% Tax: Voter Approved Debt: Fixed Charges: Total Tax: 0 Penalty 1: 140,759 Penalty 2: Secured Cost: Total Amount Due: FORMAT 1st Installment Amount: Status = > 2nd Installment Amount: Status 06000 1,476.88 0.00 23.78 $ 1,500.66 75.03 75.03 10.00 $ 1,660.72 I O N $ 825.36 RETURNED BY POST OFFICE $ 835.36 RETURNED BY POST OFFICE For Questions about BASE TAX, VOTER APPROVED DEBT or FIXED CHARGES call (619) 236-2424 IF YOU RECENTLY SUBMITTED A PAYMENT ON THIS SYSTEM AND IT IS NOT YET POSTED, PLEASE ALLOW FOUR DAYS FOR PROCESSING. Pay This Installment Amount Online: OR 7 =METROSCAN PROPERTY PROFILE= San Diego (CA) OWNERSHIP INFORMATION Parcel Number : 561 154 06 00 Owner : Lee Matthew C CoOwner Site Address Mailing Address Phone Owner Tenant : 1705 Grove St National City 91950 : 1705 Grove St National City Ca 91950 SALES AND LOAN INFORMATION Transferred : 01/19/2000 Document # : 27756 Sale Price : $138,000 Full Deed Type : Grant Deed % Owned : 100 Loan Amount Lender Loan Type Interest Rate Vesting Type : $138,000 : Miscellaneous : Fixed : Single Person ASSESSMENT AND TAX INFORMATION Land : $77,211 Structure : $63,548 Other Total : $140,759 Improved : 45 Map Grid Census Zoning Land Use Bldg Use Sub/Plat Map Number Legal Bedrooms Bathrooms Pool Units Exempt Type Exempt Amount : Tax Rate Area : 06000 01-02 Taxes : $1,500.66 PROPERTY DESCRIPTION : 1310 B1 : Tract: 120.00 Block: 2 : 2 R-2,Multiple,Minor : 211 Res,Single Family Residence *Unknown Building Use* Lincoln Acres Orchard Sub : 001785 : LINCOLN ACRES ORCHARD SUB LOT F BLK :4 :3 : 1.00 : No :1 PROPERTY CHARACTERISTICS Lot Acres : Lot SqFt View Stories YearBuilt Bldg SqFt Garage Space : 1930 : 1,372 :1 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 8 City of National City COUNCIL AGENDA STATEMENT *Refer to Item #1. 24 ,MEETING DATE: August 6, 2002 AGENDA ITEM NO. ITEM TITLE: RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT (MILE OF CARS) f`►G/ PREPARED BY: Paul Desrochers, �✓ DEPARTMENT Community Development Commission Executive Director EXPLANATION: Adoption of this Resolution will implement the 2002-03 levy and collection of assessments for costs of maintenance of improvements to the Landscape Maintenance District (LMD). The Resolution confirms that the required Public Hearing has been held and legally noticed. The Resolution confirms the assessments listed in the Engineer's Report and orders that the assessment breakdown contained in the report be levied by the County of San Diego Auditors Office. / 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 owners range from $335.22 to $6,603.80. Administrative fees are estimated at $800.00. STAFF RECOMMENDATION Adopt Resolution BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 2002-121 N/A RESOLUTION NO. 2002 - 121 RESOLUTION OF THE CITY COUNCIL 0 THE CITY OF NATIONAL CITY CONF G THE DIAGRAM AND ASSESSMENT AND PRO 1NG FOR THE LEVY OF THE ANNUAL ASSESS NT IN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City, California, has initiated proceedings for the levy of the annual assessment in a sp cial maintenance district created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping Act'), Article XIIID of the Constitution of the State of California and the roposition 218 Omnibus Implementation Act (Government Code Section 53750 and followin , Article XIIID and such implementation act may be referred to collectively herein as "Arti le XIIID"), in a special maintenance district known and designated as Landscape Maintenance istrict No. 1 (hereinafter referred to as the "District"); and WHEREAS, at this time all notice and public hearing requirements have been met relating to the levy of the annual assessments; and WHEREAS, the City Council has received a report fro the Assessment Engineer (the "Assessment Engineer's Report") and this City Council is now sa isfied with the assessment and diagram and all other mailers as contained in the Assessment ngineer's Report as now submitted for final consideration and approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct PROCEDURES Section 2. The City Council hereby finds and determines that the procedures for the consideration of the levy of the annual assessment have been undertaken in accordance with both the Act and Article XIIID inasmuch as the proposed assessments for Fiscal Year 2002- 03 are not proposed to be increased over the assessments previously authorized to be levied. DETERMINATION AND CONFIRMATION Section 3. The final assessment and diagram for the proceedings, as contained in the Assessment Engineer's Report, is hereby approved and confirmed. Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed: a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits have been assessed. d. There are no publicly owned parcels within the District. The assessments for the District contained in the Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in such Assessment Engineer's Report. ORDERING OF MAINTENANCE Section 4. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. FILING WITH CITY CLERK AND CITY ENGINEER Section 5. The above -referenced diagram and assessment shall be filed in the Office of the City Clerk, with a certified copy to be flied in the Office of the City Engineer. Said diagram and assessment and the certified copy thereof; shall be open for public inspection. FILING WITH THE COUNTY AUDITOR Section 6. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. ENTRY UPON THE ASSESSMENT ROLL Section 7. After the filing of the diagram and assessment the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. COLLECTION AND PAYMENT Section 8. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. FISCAL YEAR Section 9. The assessments as above authorize1 and levied for these proceedings will provide revenue and relate to the fiscal year cotmhencing July 1, 2002 and ending June 30, 2003. PASSED and ADOPTED this 6th day of August, 2002. George H. Waters Mayor AT 1hST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SECOND RENDING ,,,;MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 6, 2002 AGENDA ITEM NO. 25 (-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 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 PREPARED BY DEPARTMENT Rudolf Hradecky City Attorney 0(-( EXPLANATION Please see attached Staff Report. This proposed ordinance has been approved and coordinated with the Police and Planning Departments. Environmental Review _X_ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff report Proposed Ordinance Resolution No. A-200 (9 99) STAFF REPORT Ordinance for Adoption AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING 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 fbr 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: Chapter 6.58: 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. 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 unanswered. To avoid • ambiguity, we propose to maintain a stri example, while "nude entertainment" as a business may not be tot "speech"), the conduct of the employees and patrons may be so rest contact — violation of which would result in revocation of the police beverage servers would be required to be clothed, however. Provisions are made for expedited review and appeal processes t requirements are met, in accordance with the Baby Tam decision o Appeals.2 The process is also intended to allow for stricter regulation and he police enforcement activity without a corresponding increase in resou still leaves some questions regulatory scheme. For ly prohibited (as a form of cted as to prohibit physical business permit. Food and ensure Constitutional law the Ninth Circuit Court of ce improve effectiveness of ces. Commentary and Rationale as to Changes to Other Existing Provisio Currently, Title 6 attempts to regulate Massage Establishments (Ch (Chapter 6.36); Live Entertainment at Adult Cabarets (Chapter 6.43 6.58). The potential need for police oversight and enforcement fo evident, regardless of the fact that there are no existing businesses in Bingo more logically belongs in Title 10, not as a police regulated logically relates to gambling and gaming enterprises. It is propose concerning bingo be ad,ed, and, the existing Chapter 6.48 be rel some minor modifications to bring it current. "Carnival, Circuses and Traveling Shows" under Chapter 6.28 can b process already established and updated in Chapter 15.60 brings eve into a regulated permit process, and further specific regulation is ther "Games of Chance" under Chapter 6.41 is proposed for repeal, sin games have been addressed under Penal Code sections governin review of the provisions originally adopted in 1950 suggests t objective is attained or necessary, and there has been no amendmen The Police Department has recommended this chapter be repealed. "Escort services" under Chapter 6.36 and "Massage Parlors" under tightly regulated, with increased standards for operation of the pre scope of the ordinance are consistent with previous exemptions. PI practitioners are included in the scope of the ordinance, if ma establishment. Holistic health practitioners are not licensed by th some form of massage therapy as part of their regimen. How massage therapy by non -state licensed holistic health practition exemption from this ordinance, even though the county and several o City of Erie v. PAP'sA.M., TDBA "Kandyland", U.S. Sup. Ct. #98-1161, 200 2 Baby Tam & Co., Inc. v. City of Las Vegas, 143 F3d 1097 (9th Circuit 1998). pter 6.50); Escort Services ; and Peep Shows (Chapter vice or prostitution is self- ational City. activity, but one that more that a new Chapter 10.27 cated to that chapter, with safely repealed. The TUP is of this nature sufficiently fore unnecessary. most of these devices or gambling and wagers. A at no current enforcement of that chapter since 1950. hapter 6.50 would be more ses. Exemptions from the ase note that holistic health sage is performed at that State, and often engage in er, staff recommends that rs should not qualify for her cities do exempt them. D.A.R. 3255 (March 19, 2000). 3 Staff Report Police Regulated Businesses ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTERS 6.26 (CARDROOMS), 6.28 (CARNIVALS, CIRCUSES AND SHOWS), 6.36 (ESCORT SERVICES), 6.41 (GAMES OF CHANCE), 6.42 (BINGO), 6.43 (LIVE ENTERTAINMENT), 6.50 (MASSAGE ESTABLISHMENTS) AND 6.58 (PEEP SHOWS); 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. as follows: That Title 10, Chapter 10.26 is amended by adding Section 10.26.070 to read 10 26 070 Cardrnoms prnhihited-Msdemeanor. 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 BINGO Section 10.27.010 Bingo authorized. 10.27.020 Definitions. 10.27.030 License required. 10.27.040 Application. 10.27.050 Fee for license. 10.27.060 Application investigation. 10.27.070 License not transferable. 10.27.080 Limitations. 10.27.090 Inspection. 10.27.100 Denial, suspension or revocation of permit. 10.27.110 Appeals. 10.27.120 Violations and penalties. 10 27.010 Ringo authorized This chapter is renumbered from Chapter 6.42 and thereby readopted and recodified into Title 10 as Chapter 10.27 pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in this chapter. 10 27 070 Definitions. Whenever the following terms are used in this chapter, they shall have the meanings respectively ascribed to them in this section. A. "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random. B. "Eligible organization" means an organization exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(1) of the Revenue and Taxation Code and mobile home park associations and senior citizens organizations. C. "Minor" means any person under the age of eighteen years. 10.27 030 T icense 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 OSO 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 I .icense 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 I imitations. 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 Chapters. Police Regulated Businesses 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. Sections. That Chapter 10.70 is added to read as follows: CHAPTF,R 10 70 POT JCR REGTIT.ATF.T) T3TTSTNF.SS RF.GTTT ATTONS. 10.70.010 10.70.020 10.70.030 10.70.040 10.70.050 10.70.060 10.70.070 10.70.080 10.70.090 10.70.100 10.70.110 10.70.120 10.70.130 10.70.140 10.70.150 10.70.160' Purpose and intent —Permit required. Definitions. Applications. Investigation. Permit issuance or denial. Notice of decision. Appeal. Suspension and revocation. Posting or exhibiting. Inspection of licensed premises. Duration. Transfer of permit. Transition provisions. Public nuisance. Violations and regulatory enforcement. Severability. 2002 Ordinance 4 Police Regulated Businesses 10 70 010 P rpoee 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 id 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 70 070 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 70 010 Applications A. Any person required to obtain a permit pursuant to Chapters 10.71 through 10.79 shall file a written application with the Chief of Police and pay the regulatory fees set forth in the National City Fee Schedule. The applicant shall provide proof of payment of any regulatory fees imposed by the State of California or County of San Diego contemporaneously with the filing. Written application forms prepared by the Chief of Police may require the applicant to be photographed, finger printed and to provide, in addition to the information listed below, such other information as is reasonably necessary to carry out the purposes of this chapter. The application form shall be approved as to form by the city attorney. B. An applicant for a permit shall submit the following information: 1. The full name and present address of applicant; 2. The previous addresses of the applicant for the three (3) years immediately prior to the date of the application and the dates of residence at each; 3. Witten proof that the applicant is over the age of eighteen (18) years; 2002 Ordinance 5 Police Regulated Businesses 4. Applicant's height, weight, color of eyes and hair; 5. Three recent portrait photographs at least two inches by two inches taken within the preceding six (6) months, which accurately depict the current appearance of the applicant; 6. Business, occupation or employment history of the applicant for the three (3) years immediately proceeding the date of the application; 7. The business license and permit history of the applicant, including whether the applicant when previously operating in this or another city or state under a license or permit, has had that license or permit suspended or revoked, the reason therefore, and the business activity or occupation subsequent to the suspension or revocation; 8. All arrests and/or convictions in each applicable jurisdiction for the preceding five years, except minor traffic offenses, with full explanation of the circumstances; 9. If an applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors and each stockholder holding more than five percent of the stock of the corporation. If an applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. 10. An acknowledgement that the applicant consents to periodic inspection of the regulated premises or activity, and that revocation of the permit may occur for any unjustified refusal to allow the same. 11. An acknowledgement that the applicant has received a copy of Chapter 10.70 and any applicable chapter from Chapters 10.71 through 10.79 which regulate the business or activity of the applicant. 10 70 040 investigation. The Chief of Police, upon receipt of a written application for a permit and payment of the necessary fees shall promptly conduct an appropriate investigation to determine whether a permit should be issued in accordance with the provisions of this chapter. The Chief of Police shall consider any relevant factual material relating to such application. 10.70.050 Permit issuance or denial A. Issuance. The Chief of Police shall issue a permit, based upon investigation, if he or she finds: 1. That the operation or the premises of the activity, as proposed by the applicant, if permitted, would not violate any applicable laws, including but not limited to the city's building, zoning and health regulations; and 2. That the applicant, any other person who will be directly engaged in the management and operation of the regulated business or activity, or an applicant who is to partici- pate or perform services as a regulated technician or performer: a. Has not been convicted in any court of competent jurisdiction by a final judgment of any misdemeanor or felony, within the five years preceding the date of application, which rationally and reasonably relates to the conduct of the regulated activity; and b. Has not allowed acts to occur in prior business operations for the preceding five years which would violate those sections of the Penal Code listed in Section 10.70.050A.2.d, irrespective of a conviction or acquittal; and c. Has not had a permit to operate a business that is or would be regulated pursuant to Chapters 10.70 through 10.79 suspended or revoked in any jurisdiction, within the preceding five years; and 2002 Ordinance 6 Police Regulated Businesses d. Within the five (5) years immediately preceding the date of the filing of the application, has not been convicted in a court of competent jurisdiction of any of the following offenses: (1) Code Section 290; An offense that requires registration under California Penal (2) An offense which is a violation of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(a), 647(b), 647(d) or 647(h) of the California Penal Code; (3) An offense that is a reduction from any offense listed in Section 10.70.050A.2.d. (1) or (2) to some other offense under the Penal Code which would not require registration, pursuant to a plea of guilty negotiated prior to trial; or (4) Any misdemeanor or felony involving theft of property, and 3. That the applicant has not knowingly made any false, misleading or fraudulent material statement of fact in the permit application, or any other related document required by the City in connection with the application. B. Timeliness and conditional issuance of permit. Upon receipt of a properly completed application, the Chief of Police shall either approve or deny the application within 30 days. If the Chief of Police is awaiting investigation results from another governmental agency within those thirty (30) days, the Chief shall issue a revocable conditional permit on the 30th day if a local records check fails to disclose any disqualifying information and the operation would otherwise be in compliance with all other applicable laws and regulations; except that a revocable conditional permit shall not be issued to an escort or massage technician or operator until it affirmatively appears that there is no disqualifying information, in order to avoid the potential for physical harm to a potential patron pending final action. Any revocable conditional permit shall be revoked if further investigation discloses the existence of a disqualifying factor under this Section 10.70.050. C. Denial. If the Chief of Police finds any of the facts set forth in subsection A exist, no permit shall be issued. 10.70 060 Notice of decision Upon taking final action to issue or deny a permit appli- cation, or to suspend or revoke a permit under Section 10.70.080, the Chief of Police shall immediately give written notice of decision and the reasons to the applicant and to any other person requesting such notice. The notice of decision shall inform the applicant or pennittee 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 4lie'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 htthe permit application or any other document required in connection • with the application. 2002 Ordinance 8 Police Regulated Businesses B. The Chief of Police shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The Chief of Police may issue the order without regard to the status of prosecution or finality of a conviction affecting a permittee, so long as the Chief of Police has determined that sufficient facts exist to justify the suspension. The order shall be effective immediately if personally served, or seventy-two (72) hours after it has been deposited in the course of regular transmission in the United States Postal Service. C. Immediately upon the order becoming effective, the permittee shall cease all operations under the permit, and surrender the permit to the Chief of Police. D. Only when an appeal is taken to the City Council shall the order of suspension or revocation be stayed pending determination by the City Council in the manner set forth in Section 10.70.070 of this chapter. The determination of the City Council will, be final and conclusive and constitute the exhaustion of administrative remedies. The decision shall advise the permittee of the time limits in which to commence an action for judicial review, as set forth in Section 10.70.060. If the permittee elects judicial review in lieu of an appeal to the Council, however, then the order of the Chief of Police shall be deemed a final order constituting the exhaustion of administrative remedy, and the commencement of time within which to file for judicial review. 10 70 090 Posting or exhibiting A. Permits issued to an operator shall be posted in plain view at the main entrance to the premises where the business or activity for which the permit is issued is conducted, and shall remain posted while the permit is in force. B. Permits issued to a regulated performer or technician shall be carried on their person, except that the permit of a regulated performer or technician may instead be posted on the regulated premises together with the permit issued for the regulated business or activity. C. It is unlawful and a misdemeanor for any person subject to this chapter or Chapters 10.71 through 10.79 to fail to post or carry an issued permit as required by this section, or to fail to exhibit an issued permit upon demand of the Chief of Police or other designated officer. 10.70.100 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 70 190 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 Puhlic nuisance Each regulated business or any business that is required to be regulated that operates in violation of Chapter 10.70 through 10.79, as may be applicable, is a public nuisance and may be enjoined civilly or administratively. In addition, and to the extent not expressly provided elsewhere in this code, it is unlawful and a misdemeanor to maintain a public nuisance. 10.70 150 Violations and regulatory enforcement Violation of any of the mandatory requirements or prohibitions contained in Chapters 10.70 through 10.79 are misdemeanors and constitute grounds for suspension or revocation of an issued permit, except that any requirement or prohibition designated as "Regulatory only" will be treated only as grounds for suspension or revocation of an issued permit, and criminal prosecution may not occur for that violation 10.70.160 Severability. The City Council declares that the invalidity of any section or portion of Chapters 10.70 through 10.79 shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. Any provision determined invalid under the preceding sentence may either be severed or, if it can be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions. 2002 Ordinance 10 Police Regulated Businesses Section 6. That Chapter 10.73 is added to read as follows: Chapter 10.73 T,TVE AD111 T F.NTRRTA1NMENT AT ADTTT T ORIF,NTED ENTERTAINMENT ESTART JSHMENTS 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 71.010 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 73 070 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). 10.71 010 Prohibitions and regulations for presentation of live adult entertainment. A. It is unlawful and a misdemeanor for any person to operate an adult oriented entertainment establishment without a valid adult oriented entertainment establishment permit. B. It is unlawful for any owner, proprietor, manager, person in charge, or any employee of an adult oriented entertainment establishment to allow upon the regulated premises any live adult entertainment by any person, whether as an employee, independent contractor, patron or customer, without the person performing the live adult entertainment possessing a valid live adult entertainer permit. 2002 Ordinance 11 Police Regulated Businesses C. It is unlawful for any person, whether as an employee, independent contractor, patron or customer, to perform live adult entertainment in an adult oriented entertainment establishment without a valid live adult entertainer's permit. D. Violation of this Section 10.73.040 is a misdemeanor and constitutes grounds for the revocation or suspension of any permit issued pursuant to this chapter. 10 73 040 Patron contact -Prohibited. A. No live adult entertainer shall approach or be allowed to approach within six (6) feet of any patron of the permitted premises. B. Live adult entertainment shall be performed only upon a stage or platform during the progress of the entertainment. The stage or platform shall be located at a minimum height of eighteen inches (18") above the floor of, and at a minimum distance of six (6) feet from, the patron seating or viewing area. Patrons(s) shall not occupy or be allowed to occupy the stage or platform during any performance. C. A passageway of not less than six (6) feet in width shall be provided through any part of the room occupied by customers, guests or patrons when required for the ingress and egress of live adult entertainers to the stage or platform where live adult entertainment is presented. D. No adult entertainment establishment operator shall allow a patron to approach within six (6) feet of a live adult entertainer while any part of the performer's specified anatomical areas are exposed. E. Violation of this section is a misdemeanor and shall be grounds for the suspension or revocation of a permit issued to an operator as well as the permit of the regulated performer or live adult entertainer who causes any violation to occur. 10.73 050 Food or beverage service -Regulated. Food or beverage (alcohol or non - alcohol) servers in an adult entertainment establishment shall be clothed so as to fully cover the specified anatomical areas of the server while serving food or beverages to any patron. No portion of the specified anatomical areas of the server shall be exposed to view. Violation of this section is a misdemeanor and is grounds for the suspension or revocation of any permit issued pursuant to this Chapter 10.73. Section 7. That Chapter 10.74 is added to read as follows: Chapter 10.74 ESCORT SERVICES Sections- 10.74.010 Title and administration. 10.74.020 Purpose and intent. 10.74.030 Definitions. 10.74.040 Escort Service Operator Permit required. 10.74.050 Escort Service Technician permit required. 10.74.060 Advertising and patron conduct regulations. 10.74.070 Records of engagements. 2002 Ordinance 12 Police Regulated Businesses 10 74 010 Title and administration. This chapter may be cited as the National City Escort Service Ordinance. Issuance and administration of permits is governed by Chapter 10.70. 10 74.020 Purpose and intent. It is the purpose and intent of this chapter to provide for the orderly regulation of escort service business in the city to ensure that an escort service business does not facilitate the practice of prostitution or allow persons who haute been convicted of crimes of prostitution or violence to function as escorts, in order to protect the public health, welfare and safety. 10.74.010 Definition. A. "Escort service" means any business providing social compabipns for hire to accompany a person of the opposite or same sex to events including, but not limited to, social events, sporting events and theatrical events. B. "Escort service technician" means any person employed by an escort service to render services as a companion for hire to its clients. C. "Specified anatomical areas" is defined in Section 18.69.020(a) and "specified sexual activity" is defined in Section 18.69.020(b). 10.74.040 Fscort Service Operator Permit required. It is unlawful for any person to operate an escort service business within the city without the permit required by this chapter, or to employ or allow a person to act as an escort service technician unless such person has a valid escort service technician permit. 10.74.050 Escort Service Technician's permit —Require. 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 required identification. This subsection D is regulatory only. Violation shall be grounds for revocation of the permit. Section 8. That Chapter 10.79 is added to read as follows: Chapter 10 79 MASSAGE RSTARTJSHMF.NTS Sections 10.79.010 10.79.020 10.79.030 10.79.040 10.79.050 10.79.060 10.79.070 10.79.080 10.79.090 10.79.100 10.79.110 Title and administration. Purpose and intent. Definitions. Massage establishment operator permit required Massage Technician's permit required. Additional application information required. Minimum facilities required Massage establishment operating requirements. Off -premises massage —Prohibited. Existing businesses —Regulated. Exemptions. 10.79.010 Title and administration. This chapter may be refuued to as the National City massage establishmett ordinance. Issuance and administration of permits is governed by Chapter 10.70. 2002 Ordinance 14 Police Regulated Businesses 10.79 070 Purpose and intent It is the purpose and intent of this chapter to provide for the orderly regulation of a massage establishment business in the city in order to prevent the facilitation of prostitution. 10 79 010 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 18.69.02ON. 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 re aired 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., thirty (30) days immediately preceding the date of the application been examined and found to be free of any contagious or communicable disease; B. Applicant shall be required to furnish fingerprints; C. Applicant must furnish proof of certification by the National Certification Board for Therapeutic Massage and Bodywork attesting to a minimum of 500 hours of instruction and membership in a qualified massage association, as defined in Section 10.79.030. 10.79 070 Minimum facilities required. No permit to conduct a massage establishment shall be granted unless an inspection by the Chief of Police and the County Health Officer and the Fire and Building officials demonstrates that the proposed establishment does or will comply with each of the following minimum requirements; A. A recognizable and legible sign is posted at the main entrance identifying the premises as a massage establishment. B. Minimum lighting of at least 40 watts is provided in accordance with the Building Code of the city. C. Minimum ventilation is provided in accordance with the Building Code of the city. D. Equipment approved by the health department for disinfecting and sterilizing instruments used in performing acts of massage is provided. E. Hot and cold running water is provided at all times. F. Closed cabinets are provided, which cabinets shall be utilized for the storage of clean linen. G. Adequate bathing, dressing, locker, and toilet facilities are provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each person to be served, which locker shall be capable of being locked, and a minimum of one toilet and one 2002 Ordinance 16 Police Regulated Businesses wash basin shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at such establishment, a separate massage room or rooms, separate dressing facilities, and separate toilet facilities shall be provided for male and female patrons, each with appropriate gender identification signs visible on the door. H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wooden surfaces must be painted with a washable, mold resistant paint. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms must be thoroughly cleaned and disinfected each day the business is in operation with a disinfectant approved by the health department. Bathtubs must be thoroughly cleaned and disinfected after each use with a disinfectant approved by the health department. 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 0R0 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 f 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 pernuttee 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 businesses -Regulated. The provisions of this chapter shall be applicable to all persons and businesses described in this chapter whether the described activities in the chapter were established before or after the effective date of this chapter. 10.79 110 Exemption% This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other professionals who are licensed to practice their respective professions by the State of California or who are permitted to practice temporarily under the auspices of an associate, or establishment duly licensed by the State of California, pursuant to the Business and Professions Code. B. Nurses who are registered under the laws of this state and who administer a massage in the normal course of nursing duties. C. A trainer of any duly constituted athletic team or athlete who administei`s 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 e empt individuals. F. Any bona fide athletic club which offers tennis, ra •netball, swimming or other sport activities and possesses a sauna or steam room. Massage s . 1 only be administered to members of the athletic club by persons who are exempt under this sec 'on. Section 9. Severahility The City Council declares that portirti of this ordinance or the chapters thereby adopted shall not remammg section or portion; that the Council would have adopt portions, notwithstanding any later declared invalidity. If any provis the preceding sentence can be judicially interpreted in a way that remaining provisions, then it may be so judicially interpreted and, as give full purpose, meaning and effect to the remaining provisions of PASSED and ADOPTED this day of ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: ff George H. Eiser, III City Attorney 2002 Ordinance 19 invalidity of any section or ect the validity of any other each of those remaining on determined invalid under uld harmonize it with the terpreted, be applied so as to 's ordinance. , 2002. Georg H. Waters, Mayor Police Regulated Businesses City of National City, California COUNCIL AGENDA STATEMEN EETING DATE August` 6, 2002 A r SECOND READING ENDA ITEM NO. 26 ITEM TITLE AUTHORIZING AN AMENDMENT TO T E CONTRACT BETWEEN RD OF ADMINISTRATION of Intention to Approve an ublic Employees' Retirement the 3% at age 60 retirement AN ORDINANCE THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BO• OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM PREPARED BY clkDEPARTMENT George H. Eiser, III CityAtt•rney EXPLANATION On July 16, 2002, the City Council approved a Resolution Amendment to Contract between the Board of Administration of the ' System (PERS) and the City. The subject amendment will implement benefit for Miscellaneous Employees of PERS. The proposed ordinance is required to finalize this action. I Environmental Review X N/A i Financial Statement Byo Approved The cost of this amendment was included in the cost cited for adoption Finance Director of the MOU for the MEA. Account No, STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed' Below ) Resolution No, Proposed ordinance 200 19 991 , 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. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGE A STATEMENT MEETING DATE August 6, 2002 OLD BUSINESS AGENDA ITEM NO. 27 ITEM TITLE Request for Qualifications —Legislative Advocacy Services PREPARED BY Park Morse Asst. City Manag EXPLANATION DEPARTMENT City Manager's Office At the City Council's Budget Workshop of June 11, 2002, the City Council discussed a "5-point plan" to retain a legislative advocate in Sacramento. At that time, it was suggested by Staff that the RFQ be updated and presented to the City Council for consideration prior to its release. Staff is ready to proceed and the revised RFQ is attached for City Council review and approval. Environmental Review ✓ N/A Financial Statement Funds are budgeted for FY 02-03 STAFF RECOMMENDATION Approve the RFQ. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed RFQ Account No. 001-40 00-213 Resolution No. A-200 (9/80) City of National City Office of the City Manager 1243 National City Boulevard, National City, CA 91950 (619) Tom G. McCabe - City Manager August XX, 2002 REQUEST FOR STATEMENTS OF QUALIFICATIONS - LEGISLATIVE ADVOCATE The City of National City is inviting Statements of Qualifications (SOQ) from a select number of consultants to provide legislative advocacy services to the City and to the City's Community Development Commission (Redevelopment Agency). (In this RFQ, "City" and "CDC" are generally used interchangeably, although they are separate legal entities.) The City did retain an advocate up through mid-1999, at which time it was determined to solicit interest from other consultants. Accordingly, the existing consulting agreement was terminated at that time, in part so that others interested in the position could be assured that there was no bias on the City's part to continue with the then -current advocate. No advocacy services have been contracted for since mid-1999. During budget hearings for the FY 02-03 Budget, the City Council elected to again move forward to select an advocate; however, a number of reporting relationship and process changes were made to what had existed with the City's former advocate. This is a focused recruitment with only a small number of providers to be contacted. Any resulting contract will be viewed as a professional service agreement. The City Manager will make a final selection decision, negotiate a contract and submit it to the City Council for approval. After contract approval, the consultant will work under direction of the City Manager. The consultant will be required to submit periodic reports to the City identifying what bills are being monitored for the City and outlining what lobbying activities have been conducted on the City's behalf. The report would also outline the results of the consultant's lobbying efforts. City Manager's Office National City, CA 071102AdvocateRFQ July 30, 2002 Page 1 of 5 Recycled Paper SOQs from interested consultants must include the following: a) A description of the firm's qualifications and areas of specialization. b) The name, related experience and duties of all individuals who would be responsible for National City's interests. c) List of all current clients. (Past clients you would like to include, as references, may be included on a separate list.) d) References Candidates are to provide the City an original and five copies of the above. The initial submittal may be sent via facsimile or e-mail to meet the deadline but must be followed by hard copies received here within two business days. If the proposal is sent by facsimile, please confirm our receipt by telephone. (If your entire submission covering the above four subjects is in digital form in MS Word then, you may, if you choose, submit completely via e-mail without any conventional hard copies.) Submittals must be received no later than 3:00 p.m. on XX, and directed to the following: Park Morse Assistant City Manager City of National City 1243 National City Blvd. National City, CA 91950 FAX: (619) 336-4327 e-mail: pmorse@ci.national-city.ca.us ll. Scope of Services - The following professional services are sought: • Monitoring of proposed State legislation to identify bills that could have a significant impact on the City and report on those bills as status changes • May be required to initiate legislative proposals on the City or on the Commission's behalf • Represent the City before legislative committees City Manager's Office National City, CA 071102AdvocateRFQ July 30, 2002 Page 2 of 5 • With the aid of the City Manager's Office, develop strategy to carry out the legislative goals and objectives of the City • Maintain liaison between the City and the San Diego County delegation in the Legislature, and provide assistance to the delegation in certain matters which further the objectives of the City • Rrepare briefing materials, provide briefings and arrange appointments for City elected officials and staff as they travel to Sacramento in furtherance of the City's legislative program • Advise the City concerning grants and other funding opportunities for proposed/needed City projects and assist the City in securing funding where appropriate • Lobby on behalf of City on legislation and issues as directed by City • Cooperate with the League of California Cities and the California Redevelopment Association in their legislative efforts and work with the League's new Grassroots Coordinator network. • Periodically visit National City on a mutually agreeable schedule to meet with Staff and City Council • The proposed contract term will be coincident with the Legislature's upcoming new two-year session — effective upon execution this year and running through their anticipated adjournment in September of 2004. Ill. Local Issues — Some of the issues of interest to the City include: • Preservation of sales tax base (including AB 680 and the like) • State financial takings (including restoration of previous raids) • San Diego Unified Port District activities • Economic development; Enterprise Zones • Freeway landscaping and sound walls City Manager's Office National City, CA 071102AdvocateRFQ July 30, 2002 Page 3 of 5 • Permanent campus for SDSU/Southwest Community College • Possible construction of a new fire station and a new library • Redevelopment and housing issues IV. Process — Consideration will occur in two phases. In the first phase, interested consultants are asked to submit the four items listed above in Section I, by the date shown. The City Manager's Office will evaluate the responses and the firm(s) appearing to best meet our needs will be asked to move on to a second phase. At that time, select consultants will be asked to provide additional information including but not limited to the following: • Proposed annual cost to provide services. • A description of how the consultant proposes to provide services to the City • A statement as to the potential conflicts the consultant and/or the consultant's firm may presently have with other clients V. Evaluation - Consultants will be evaluated based on, but not necessarily limited to the following criteria: • Experience and qualification of the firm as determined by the submittals • Experience in providing legislative lobbying services, especially for local governments at the State level • Qualifications and accomplishments of the personnel who would be assigned to work with, or on behalf of, the City • Location of firm - i.e., Sacramento or elsewhere • Number and types of clients and client mix and experience working with cities similar to National City • Potential conflicts resulting from obligation to other clients City Manager's Office National City, CA 071102AdvocateRFQ July 30, 2002 Page 4 of 5 • Relations with members of the Legislature, especially those representing San Diego County, as well as with the State Administration • Strength of the references' comments about the bidder • Size, responsiveness and composition of the firm • A determination of which firms appear best able to strike a productive working relationship with the City • Other criteria determined to be relevant VI. Selection Process — The City Manager's Office will review the material submitted and developed as part of this RFQ and may elect to interview the consultant(s) best meeting our needs. Interviews will likely be held locally, either on a Friday or, perhaps, after the Legislature adjourns in September. Interviews will be informal and held at a time that is convenient to the consultant. If a suitable provider is identified, the City Manager will then negotiate a professional services agreement and submit that document to the City Council. (The agreement will likely be substantially similar to our standard professional services agreement, a sample of which is provided with this RFQ.) If you have any questions about the City or this opportunity please feel free to call Mr. Park Morse, Assistant City Manager at (619) 336-4249. E-mail = pmorse@ci.national-city.ca.us Failure to comply with the requirements of this RFQ may result in disqualification. This RFQ does not commit the City to award a contract, to defray costs incurred in the preparation of any response to the RFQ, or to procure or contract for work. City Manager's Office National City, CA 071102AdvocateRFQ July 30, 2002 Page 5 of 5 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE August6,2002 28 AGENDA ITEM NO. (-ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A CHURCH IN THE HIGHLANDVIEW SHOPPING CENTER AT 914 E. 8TH STREET (APPLICANT: WADE CUTLER) (CASE FILE NO. CUP-2002-15) PREPARED BY Charley Marchesano�'"` DEPARTMENT Planning EXPLANATION The project site is the Highlandview shopping center, located on the south side of E. 8th Street, just east of Highland Avenue, in the Commercial General -Planned Development (CG-PD) zone. The center consists of two buildings with roughly 23,600 square feet of floor area. Due to a steep slope on the property, the center is divided into upper and lower sections. Suites in the upper section are mostly occupied by retail businesses, with 75 parking spaces accessed from E. 8th Street. The lower portion of the shopping center is mostly occupied with office uses and includes a 45 space parking lot, accessed from E. 9th Street via Edgerton Way and K Avenue. New Beginnings church proposes to occupy a 1,363 square foot suite in the lower level. This suite will be used for Church services each Sunday, as well as bible study and youth services to be held on weekday evenings and weekends. The church currently has 20-25 member, but hopes to grow to as many as 50. The Planning Commission held a public hearing on this matter on July 1, 2002. There was no testimony in opposition. The Commission discussed the access to the site through nearby residential neighborhoods and noted poor maintenance of the lower level of the center. They voted unanimously to approve the permit with conditions limiting maximum occupancy to 50 persons, and requiring assemblies of more than twenty people to only be held on weekday evenings or weekends. Recently, the shopping center owner was sent a notice regarding lack of landscape maintenance, accumulating trash, and a motor home being stored in the lower level. The owner is working to resolve these issues. CEnvironmental Review X N/A Categorical Exemption Financial Statement N/A >STAFF RECOMMENDATION Approved By: Finance Director Account No. Staff concurs with the decision of the Planning Commission and recommendsi that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes —Unanimous ATTACHMENTS i Listed Below ) 1. Planning Commission Resolution No. 19-2002 2. Location Map Resolution No. 3. Site Photos 4. Reduced Plot Plan A-200 (9;99) RESOLUTION NO. 19-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION FOR A CHURCH IN THE HIGHLANDVIEW SHOPPING CENTER AT 914 E. 8TH STREET APPLICANT: WADE CUTLER CASE FILE NO. CUP-2002-15 t WHEREAS, the Planning commission of the City of National City considered a Conditional Use Permit application for a church in the Highlandview shopping center at 914 E. 8th Street at a duly advertised public hearing held on July 1, 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-2002-15, 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 and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. BE IT FURTHER RESOLVED by the Planning Commission of the City of National City, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 1, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the use can be located in an existing 1,363 square foot suite, with sufficient area to accommodate the proposed maximum occupancy of 50 persons. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the church will generate only a small number of vehicle trips to the site when other businesses in the shopping center are closed, and since, the shopping center has multiple access points off E. 8th Street, an arterial, designed to carry a high volume of traffic and currently operating well below capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since proposed church services and group meetings will only be held during weekday evenings and on weekends, when many businesses in the Center will be closed; and since noise from the church is unlikely to affect nearby residences since the nearest home is several hundred feet away from the church suite. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for members and their guests to attend religious services. 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 church at 914 E. 8th Street. 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-2002-15, dated May 24, 2002. 2. Plans submitted, with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. 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. 4. The maximum permitted occupancy for the church shall be no more than 50 persons at any one time. 5. Exterior doors and windows shall remain closed during all church services and meetings. 6. Church Services shall be held on Sundays only; all other assemblies, including bible study, and youth meetings, etc., with more than twenty people in attendance shall only be held during weekday evenings or on weekends. 7. Amplification equipment shall only be used during Sunday church services. 8. 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. 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 fmal on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 15, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: 0 CG SOUTH BAY PLAZA vsz SHOPPING CENTER A00- 100 PROJECT SITE (HIGHLANDVIEW SHOPPING CENTER) ZONE BOUNDARY N A LOCATION MAP 914 E. 8TH STREET CUP-2002-15 NATIONAL CITY PLANNING DRN DATE? 6/10/2002 INITIAL HEARING: 71112002 :14 CUP-2002-15 SITE PHOTOS Proposed church site consists of the two bottom level suites at the corner of the building 4 $, View of building face and parking area behind Highlandview Shopping Center; proposed church to be located in foremost suites on the left. NOTES : /. LANo S..4M 4'8. AREAS ARE 34'aMM'rAws O M47ZYe/AL5, yWN/7Y, 5.2G filer- Z. ' W/LL v4 Ue7ZM. veo n'?N 77,e A:x.4= ,M* /N7FJ✓T h4Z46 07(/0/14/6 /04 f oV 3/7e 40.22 A -�.M/A/ c4! 66 /iELn/-.�Tt� eW S»E. F4A47/N6 Aifft {• dip t/JG /291X/A1.0 NALL 0e !ov(laots TNAW 1) W/N/av GM ' races. /arvw ,11047VAtdessoss eoevse W/ TALL 4escaNT 7Jeer-.5(ie),./WzA lGAIT fri WEST cF Gf/aG. ''6'GAaCIMO <arms Ili/rims fiFjr9YU..AIC EY35e4VI7Ai xeebN/NGCEArMY aE SAfetayse "egl/i '/G. Fes/ASE fi/7oIY9L at:aL N//L 66 /./.sKAsscono. R&>e/sWT Ressr/tk'e /s /Ss/An es01s/t0e10 AI6 103.2 A6 /A6t049477 /. e6.44D ,q 'I I✓/L ..36 /nSfi AZ. d AT Sav/W NAIL Ave, /IIETA/N/N6 AWL AT 6.E. "eC 7td/GV ARa'AVO CAUY 6E 'At'MAdeWAY qe .9 e44,' ss) Se,ee4N/MS AT lrSeWes L+e/YE W/IG Ale (1. Mom,& 0VAM10v, / .2414e10m112000 CAiNAV LAMA, e. C ereev 7s6 /YHSeWAY) L. secLIf ' L/a71/77Mv -/S matvso 7t+ Are N/6N Afressvfe saiv/'Afd SIVE.roY mYs6t14+770•1 Aiwo Md. BE Lr WEo 7b /9**igv 3erLKTy 0,6w464AL AND 0/029V7" exteeeps. L/41177A' AND N4WM,7E At4ersceAme. ziaor 447L44G 7D CtKhXw4'nb /frwo7Ar7Y• 3 . 4.54/A0A 00M 0"/D 1/77/1.1719.5 Age' .1405//4/1 caV /477MA*, VAA/F/G77/7W alr &AIWA/L./7'Y Qr S.0577NG RETA/N/NG MOW. -S/70 ax7'tse/442 4/4v77.w•- 1.-.41491,eAAAYn6 AND /R4/BA000',' mid. Ate aNl/107704, AND SLlAl.77CD AT ,a6mGYR@, L'TAOs1CS cr- . Au.../a.cr e>t.M1P4E7/ew 1• NvOGee.Aeo Aft e;Mw6.s 24(e I v -- So ex/eriNa cx4 5 •Aoo' MOW AMOS* SAer 1o1.47'4W6 147 S C/IfEN5/eW Nov 7r+ Swti G$VAA4.. FL6WLJNO est S//444CA ABBA4Wa0 syVE ►Y4Y 714AafG 44? • 7WD NHY 7744010I4- or etas /ND/GYls .rA/N7SD 3fJ144.A /NO 7e DEE WN/7E 4P Was 112st/M LAVES WG A L4•D/Y/3wgtve pg5/yI le AEN STALL* a rA/T ee00. 145. 4'/0/0 } /4' LeNP. AM SM. _._ d 4/4, ro' L.NO "PA GeWrocr - /1AVD/C4/7 to 37mase- 7b. Ala Att e f/A8 7LRN AA.au'vo (yEf1-eN) kA"lerC /.baste 04.101063 *WEDS 72, 56 AEMOVLD 150.1,M !/TB 6Y LiEA'OhJT''e/ 4v0'o4 A4!Y/N6 NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2002-15 DATE: 5/24/2002 W s.J I 4 / jc 17 -.1 A //' 7/r AA6+ a�rn/c' is.' t'a-,ar•.rw.pWy M.M.• V gg,71 Z7/ p.eao ¢ ✓/ ' / 17 / A, /7/ SY74 o/1/ 1 � *ad sr' \.1Ii.. llI 11- t v ,,trawt taco/,Vg, avizavelt,cy I ~fro Oa Asscasia 7L o, F r I Ja' 'Me / /Sa.e/ Aato/4:/.40 i/'• EJ :RTOO Av/ � . WM' 44 �O��ua�L9/d5 J�IIVIL ff ET7FxIC- * cprlgl oT'bl4 LTD. p-v D - 5,44piE6CP - GHL. _ 1 I-115 /e6X4nA400 Asa& 3AMC3 *C / 57 €' - /53'X 60'- 93so . _ 54 Y-Ai yt 6/as YA.ro 03 '300 tie. •. 3/2-A1r,ssir"caav3 MAX 9r`$MA^! 0 Ara, I' ASASkwb La{O 93i9i. :Aso - .W.Z. Gees 2 s7aN L674.t,X 37ri44d7.0 .• ' /Oi''s 7'3 ¢' 730o -3° r J/2. eichissy1Wre:Y-ArteA/N. 1J/.Z sots* 2No slb.4V AAt. A11{ - -4�x Ms- 9Jee •i' limo .2 Z . 6CL Mq• data notaxAM et LWO I `, II _`7bTAJ� .teq ySkaAkil TeTAL A.I peb . a 9'f comes. 4 M.6uwcotparo 76 3124APIArO 4e ewNANCT ereT-7714- aro Aloes - er s4 .s sts maef.L Sec -so& Los S/ f /Z 7.waver Q tVfA4'AG ! WOWS 4:107: t:cdo% 2.4.4to Afouro -'/. 76 AG - 7467G.5 41v/L./N6 COVa0.440 a /B 72e - Aft/tor/Na .i.avvSWAAY6- 00 Seo4s'' 32.2 .' .3tL1CWA4XS - 34Ze qt ' 7 6 % 1ANosMA'1Ntr. . /L /s St' /5.6 % /t X /7' 7'X /7' s'X Li6aomo. /m-1f1 No3 - *AV' 2214/ -/01,os4 ".' rrAICT /Sis , RMs .A .M AQ7ctn/ Also otec /se. 1 1(C J Val 1.4.)lJd5111_JdUMS -113 J /Ne - ccfkcPt•!'4Lb - /G11) 43'1 -IG SS R/v �j rosicarIS lE iis-ars GALIFoRNI.4 • City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 6, 2002 AGENDA ITEM NO. 29 /ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A COMMUNITY HEALTH CENTER AT 1419 E. 8Th STREET, NEAR HORIZONS ADULT DAY HEALTH CARE CENTER IN THE PALM PLAZA SHOPPING CENTER (APPLICANT: KALUSUGAN COMMUNITY SERVICES) (CASE FILE NO. CUP-2002-11) PREPARED Y Charley Marchesano DEPARTMENT Planning EXPLANATION The project site is on the north side of E. 8th Street, west of Palm Avenue, in the Palm Plaza Shopping tenter. The shopping center is zoned Commercial Limited (CL) and consists of three detached buildings with roughly 15,500 square feet of floor area and seventy parking spaces. The applicant proposes to occupy the 1,650 square foot eastern building with the Filipino American Wellness Center. The Center promotes health education in the Filipino American Community. The building will be used as administrative offices and for occasional gatherings and meetings held by this non-profit group. Typical hours of operation will be Monday through Friday days, with larger gatherings held in the evening or on weekends, when other businesses in the shopping center are closed. Gatherings include workshops, seminars, dances, and demonstrations which may include as many as 75 people; larger events are proposed to be held off -site. The Planning Commission held a public hearing on this matter at their July 1, 2002 meeting. At that time, several proponents spoke in favor of the project; there was no opposition. The Commission discussed the potential for parking and traffic congestion during large gatherings at the site. They voted unanimously to approve the project with conditions of approval limiting the occupancy to 75 persons and requiring that gatherings with over 30 people only be held on weekday evenings or weekends. Environmental Review • N/A Categorical Exemption Financial Statement N/A Approve By: Finance Director Account No. STAFF RECOMMENDATION ,. Staff concurs with the decisio of�the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning ommission approve aConditional Use Permit. Vote: Ayes— Unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 18-2002 2. Location Map Resolution No. 3. Site Photos 4. Reduced Site Plan A-200 (9/99) RESOLUTION NO. 18-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A COMMUITY HEALTH CENTER AT 1419 E. 8TH STREET, NEAR HORIZONS ADULT DAY HEALTH CARE CENTER IN THE PALM PLAZA SHOPPING CENTER APPLICANT: KALUSUGAN COMMUNITY SERVICES CASE FILE NO. CUP-2002-11 WHEREAS, the Planning commission of the City of National City, California considered a Conditional Use Permit application for a community health center at 1419 E. 8th Street, at a duly advertised public hearing held on July 1, 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-2002-11, maintained by the City, and incorporated herein by reference along with testimony at said hearing; 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 July 1, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 1,650 square foot building is large enough to accommodate the proposed Community Health Center as limited in occupancy by conditions of approval. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the limited number of daily trips expected fromthe use will have little effect on area traffic since the site is served by E. 8th Street, an arterial street designed to carry a high volume of traffic and currently operating well below its capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval limit special events to weekends or evenings, when most other businesses in the center will be closed. In addition, noise from the use will be minor since all operations, including special events will be held inside the building, and conditions of approval require the rear door to the building to be closed during congregations. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the use will provide valuable health information and services to area residents. 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 Community Health Center at 1419 E. 8th Street. 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-2002-11, dated 5/6/2002. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. 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. 4. Maximum occupancy at the site shall be limited to no more than 75 persons at any one time. Larger gatherings shall be held at an off -site location. 5. Alcoholic beverages shall not be permitted at the site at any time. 6. No more than two dances shall be held each month. 7. The rear door to the building shall remain closed during all special events or other events which may create excessive noise. 8. Special events or activities, such as demonstrations, seminars, meetings, dances, etc., with more than 30 persons in attendance shall only be held on weekends or during weekday evenings after 6:00 p.m., and conclude no later that 11:00 p.m. 9. 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. 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 15, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: � `ice• "" C AIRMAN PROJECT SITE (PALM PLAZA SHOPPING CENTER) ZONE BOUNDARY LOCATION MAP 1419 E. 8TH STREET CUP-2002-11 NATIONAL CITY PLANNING DRN DATE: 6/4/2002 INITIAL HEARING: 711/2002 CUP-2002-11 SITE PHOTOS P. +. Proposed Community Health Center building looking northwest from E. 8 ' Street w... :.:. _ , .. %. �. .,. ..�:. y , ::.:.' • ��� � . ';��'e..:;. sod 3"y; ;, �7'. .. z. �,�.'.; p.' :. <, e� �:z� ,a•�: fix° �5p 6v Palm Plaza Shopping Center looking west; proposed Community Health Center Building in foreground on right most WWI& " Lac C. Ra•Rov.e. 1111.141a40. pAvira a 0.0,00' • . c. MS711 • 1 ?") C c " AIM MIEN GNI 11.".•c. c.1.11•11‘., AMU= 1.aM'ire e z -• .ower-zasiswrortmotw I t ROI OSP, cs• "O. SITE PLAN. - YEE. etWOW ft41.1 a.. uMPIEre. Sane tteactoicMID WOOSIOW SITE PLAN kaZGENII XV.-2e"A" 41I5TIN4 SLTI. GYM:4A WoCC4trf LINE flacfosoo taLC041011611 PROPOIND AZTAMINEI•624.1.. tosoma. NH I exitirtN6 gEC.11•1/i4" VAL.4. Flieferarda cl.11)%%flit464, PLAvielo_sLosa CalOaakiirMutd,a804: mow OIRCCi1014 MCI1lJMIS4T.1%160:14 CAVA( cf:141"C1 FILM,* "MAO IOW 0""laVe - 5 9111430DiaMt:E.rheal INI.00044 Ntatir.At ."-tra:Vawit oiarb .W11,4a • Wolowie44010,00a, ... POICIPiCs SUMAWN . CaLa•DRAC• I.4.00„gxrnk.#4.9 1 1,a,0 0.7.--. ean% pte.s.a.l&I.S4ith, W'I' r 5S . witty& FCCVICAs.., : Cc. iorcj..tran.4.4 44, "4. 'WM- gx, ii•lt, 'E; (.,,,er.4 'Vaasa, (butt-00461er 04 wenn) sa0%.fr. a% Iltv.R. najo. : /A 1,4141. PI1CaliCEP . If erw9 ;15 n(4) .. ea4IDNE, 'C.: (61/46tb,ITOW) 1 00aa,rt ask .• • - FACC1110 Rid°. : i.t, .i. f90045•Imailcarn Of Fti01- C 30..1.6.04.:. / 24' imssiove. a., 'masa accerc.""(Acc.c'erc out., Ic4; W.+) STREET./ (I14 mecca, ft 4.) HeIrta5 ow M00406L wok. cano,4 LNG" 44," wix,retnor...0.romenna.41V•awg414os.ts • '4 Sr=tOrateirts:=.sa.mos41-roitta• raa� ivena.tag". wra r er"=. 7Sinorll• tam or- freo...10. any, sr 1110 visplaae SWWW44.6.O. WWWW,Ap10.0 W MAMA Me.M.sa &pen arVITIonmafaeg planca 1116-1sci kits mgcrlicalso." .4. at. NW.. LAWWWW14.0..! 4.04W 4.1 I.4421aPA &WV MIO1S, sat 14.1AY230.10Lf 1110 MI, ref Igto !.*!. WOW*, 14,11.101Y) Irf011 er...fblillf014.01441.. Ca. 44/01041:nec 0, !MOW • 11Y1 WaOrtyllf.Y...ao OP Snow 6,4por 11,YOTY r 1,511.442 Fiat Rai rls. *gm,. S., f151011102SNIatfM 717 tp co.lf.maccico rcrtc 001!•*1" Cc -to. will Le NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2002-11 DATE: 5/6/2002 L. City of National City, California COUNCIL AGENDA STATEMENT METING DATE August 6, 2009 AGENDA ITEM NO. 30 ITEM TITLE REQUEST FOR USE OF THE COMMUNITY CENTER BY THE NATIONAL CITY COMMUNITY CONCERT BAND AND WAIVER OF FEES PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The National City Community Concert Band is requesting use of the Community Center North Room on Wednesday September 11, 2002 for a public concert for the citizens of National City. They are requesting the Center from 8:00 am until 8:30 pm. They will be expecting 400 people (including the band). A waiver of fees is also being requested. Costs: Building $ 879.50 Custodial 228.00 Total: $1108.49 This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". Environmental Review Financial Statement N/A Approved Big Loss of $1108.49 to the Gneral Fund if waiver of fees is approved. Finance Director Account No. STAFF RECOMMENDATI It is recommended that of themmunity Center as requested and that Council make a decision regardin. _ aiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application for Use of the Community Center. Letter from the National City Community Concert Band dated July 23, 2002 Resolution 14. i A-200 (9;99) .7u1-09-02 01:51P APPLICATION FOR USE OF THE NATIONAL CITY P.01 rTo ALL APPLICANTS: It is strongly recommended that the applicant requesting us(71 of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations," Name of Organization —/It telloothen. ►Ct rnm , t her Z„N-D Business Address 7) I __ Ark- mi r'L airy 919s6 Name of Applicant to fd LVAgaj Address 2 0 &x a en --ak„ * I/444 91g11 Telephone Number (4jQ) 24.7 6726. _(day) (. ) SA-Isi d (evening) Type of Function �� 'Pt)kIG �O fir Date Requested .41 Decorating Time Mkt_ (am/pm) to 4 PM - (am/pin) Function Time ? PM. (am/pm) to $ •20 , pIM _ (am/pm) Use of Kitchen Facility yes X no Use Time _ (am/pm) to _ (am/pm) Clean-up (am,'pm) to (am/pm) Number of Participants 45'0 /H V stet,4ni$ — 3 Sb Will Admission be charged? NO If yes, Amount $ Will this event he used as a fund raising event? _ ,elet) Will alcohol be served? NO ABC Permit Submitted? Certificate of Insurance attached? we. 644144rot S . Special configuration of tables or chairs required?_ _/gs (IT yes, attach sketch) Special equipment required? _., ye S (If yes,attached list) 2 .M les $�/� SAANCIS Copy of Rules & Regulations provided? i Initial I CERTIFY 'MAT I HAVE RECEIVED A COPY OF THE RULES &. REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest stayed to property taxation and that Applicant maybe subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, i/ any assessed during the nse of the City'. „facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. Signature ,� App. i`itt e 7/ 2- Jul-09-02 01:51P P.02 CITY OF NATIONAL CiTY PUBLIC PROPERTY 115E HOLD HARMLESS AND INDEMNIFICATION. AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of S1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and emp'.oyccs named as additional insured and to sign the Hold I larmlcss Agreement. Certificate of Insurance must be attached to this permit. Organization e try Comm. c6NLT' Person in charge of activity to /e„Gu N,�c� `�zert Address_... 7i/ A 4ii At_, Telephone (4,0 / - 24 7-41.2 4 City facilities and/or property requested C .b Ifal M t AI14 . �C�ev Date(s) of use g — / /— 1 ---. aid HOI...D 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 damages 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 oul of or related to the use of public property o:: the activity taken under the permit by the pennittee or its agents, employees or contractors. Signature of App scant Official Title Date Certificate of Insurance Approved by ✓U C e4 C' Jr't) Name & TitIe Rev. 04/01 Burt Myers City of National City July 23, 2002 a On behalf of the National City Community Concert Band, I am requesting the use of the National City Community Building on September 11, 2002 for a free public concert for the citizens of National City and their friends. I am also requesting that any fees normally charged for such use of the building be waived. Thank you for your consideration in this matter. ge.i4) C. Edward Reed Director, NCCCB jETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 6, 2002 AGENDA ITEM NO. 31 ITEM TITLE TEMPORARY USE PERMIT — ST. MARY'S CATHOLIC CHURCH- ANNUAL FALL FESTIVAL/FUND RAISING PREPARED BY G DEPARTMENT EXPLANATION Claudia Caro, Permit Tech. Building and Safety This is a request from the St Mary's Catholic Church to conduct their annual fall festival and fund-raising event on the Parish grounds located at 8`h St. & E Ave from 7:30 a.m. to 7:00 p.m. on Sunday, October 6, 2002. There will be a total of 20 assorted booths that will consist of food booths, white elephant booths, art's & crafts booths and religious booths. A DJ will also play music for entertainment between 11:00 a.m. to 5:00 p.m. ( Environmental Review Financial Statement X NBA Approved By: Finance Director The City has incurred $76.00 in processing this Temporary Use Permit Application. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions Account No. N/A of Approval. BOARD / COMMISSION RECOMME ATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 (9. 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St Mary's Parish EVENT: Annual Fall Festival and Fund Raising DATE OF EVENT: Sunday, October 6, 2002 TIME OF EVENT: 7:30 a.m. to 7:00 p.m. APPROVALS: FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] (SAN DIEGO COUNTY HEALTH DEPT. HAS BEEN NOTIFIED VIA FAX ON 6/21/02) CONDITIONS OF APPROVAL FIRE 336-4550 1. No Fire Department access is to be blocked at any time during this event. 2. All cooking is to occur outside the booths. 3. Metal cans, with lids, shall be provided for the disposal of charcoal. The cans shall be labeled, "Hot Coals Only." 4. Fire extinguishers, with a minimum 2A:10BC rating, shall be located at each booth where there will be cooking. 5. Canopies shall have been treated with a fire retardant and bear a State Fire Marshal's tag. FINANCE 336-4330 1. 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. POLICE 336-4400 1. Police Department will have reserves work event as requested on Page 4. PoLLVta,„., I 0 CAW '61-C- • 4'T 31C 00Myr VJSST WALL. EAST 1114 KJ�5 Zec SPANN* GAD* ' F r^ .i I Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration _ Circus T Block Party Motion Picture _ Grand Opening _ Other Community Event Event Title'")iilQtimS1( C v'cLL. 14,u .v..3 r(�1It� 1S1149 Event Location:PAP LSk wici I .er.L ' Event pate(s): From t Iv• into ID • IQ. 0,7-Total Anticipated Attendance:U lA,)(li 01t'J . Month/Day/Year ( t/ Participants) ( i/ Spectators) Actual Event Hours 1 3 0 s m tol 10 0 art rr Setup/assembly/construction Date:10" 00. Start time:1oi,` t)Dtl. Please describe the scope of your setup/assembly work (specific details): U'GQ,hr b1P b e(aa t ��c;.rz b 00 s O�.tn,CQ c t as t,7--D,ee_orai'de, area_ Dismantle Date:tD. 1. 0;#. Completion Time. 0 0 a j• �j1 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and ay and time of reopening. Sponsoring Organiz,Otion: For Profit. •Notrfpr-Pi rofit Chief Officer of Organization (Name)�C t. , •Q IZ. QIt to si i(r L tit lat. . Applicant (Name): PikI-e cb'Q..Q..' Address: `�[ E *I t rcJ r : NI ; C. • �-•��- cAt. tS o Daytime Phone: (IA 9 41111, ti D l Evening Phone:1 A/Lc': , 4144 Fax: (_J Contact Person "on site" day of the event: L1.. 5 rem-10,1m. Pager/Cellular: 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 purpote and provide amouht(s): , $ Estimated Gross Receipts including ticket, product and.sponsorship sales from this event. $ Estimated Expenses for this event. $ , What is the projected amount of revenue that the Nonprofit Organization will receive as a result df this event? $ Please provide a IiTAIEED DESCRIPTION of ybur 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. 1-A:a+2. t9 CA, W U` D l Lite e"le htl.t tl'` ov%;ti f Z.Q.,(A) C (.4..10) k tAnud% e.01111AA_bikc, 1 V Vl, OIn davit. lJl,1 �'V �YYI As. {. S' o1. Po . U2-4./ti _ 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? YES NO VVill items or services be sold at fhe event? If yes, please describe: ff.0(5 a r _ YES O 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 se of tents or canopies? If YES: l Number of tent/canopies a. Sizes& jJ 'f O 'C�GLA► t 2.' 0 r C. c l L^' NOTE: A s pa File Dep�tm en, _ t permit issrrequired for to or,�ano�ies. Weep -- SO w►e- boo Ms Wt�` V�X-(L A.K _ 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 ,�pp Please describe how food will be served at the event: Obari/ \:342. 4ca ! \:V000 kkA42. 2_ Alt, be a rat A i tx.> ..ea.,1" r a.Y0 s ► t"' If you intend to,.cook food in thelevent area please specify the method: . 4 GA,S V ELECTRIC . ✓ CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities IAA: Number of portable toilets: (1 for every-2 0 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: e.:�sz�s: U3 LArotke, rt sot r.e. n c COr I) & ) \ rct sh �u, su s c c'� cx. `Cu. lct to l�, law ourLU‘, roc-t .s ---a • Please describe your procedures for both Crowd Control and Internal Security:1`1;(, p11 geo, .49..s C 14 O \AC1. Lot t pro *IQ. o to k. 'Lured U:c,,\ _ YES .NO Have you hired any Professional Security organization to handle security 3 J arrangements for this event? If YES, please list: Security Organization: Security Organization Address: 3 Security Director (Name): Phone: _ YES 3 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 arrahgement you' have made for providing First Aid Staffing and Equipment. ectior,14oveaCe, bli wctt be. 'oIA, s Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: CLAM' CAA, Pelf tmc' 10r1 h.a sr‘1)2e.)1s Please describe your plan for DISABLED PARKING: CAktAX;d4. hwt ai sab If k)c r t,, t r\ o cn. nee. ?ourktdiAts, VvSCs h % °Aso tet put: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: * 132.. i 012.1d.k ot.vt 1 thus v41.1?s.S.e� O4.L 2.Q u ut.V (-)AA CfLaVi. fed lttfM NOTE: gh r o ressiidents 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: I Number of Bands: V Type of Music:1. 4 . ,- ( ciaAA.C-e. %cafq6 YES _ NO Will sound amplification be used? If YES, please indicate: Start time: IV. 6 0 '. m Finish Time S _ 00 _ YES tNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: aml'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: i i _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Dv.' dinky. YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: t.,1AlkAx'6 (t.» booiAA4 8 f' ,�c.drah° �Il®1�AP-. kA, O " L ,�Revised 10/3/01 VVINO 5 ,Tor Office 'Use OnCy Department Date 4 Approved? Yes Specific Conditio.ns of Approval No Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date Received Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1 Is the event for which the TUP is sought sponsored by a non-profit organization? 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. t Name of theponsoring organization 1rC�Sf3t. L l \mot �Cc.� Type of Organization ` vt„u.l(`GlA... (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. 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 Date 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 whic!R 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. ST. MARY'S CHURCH Organization Person in Charge of Activity Don Steeber Address 426 E. 7th Street National City, Ca 91950 Telephone (619) 474-1501 Date(s) of Use 0 c . 6 2002 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City andJ its officers, employees and agents from and against any and all claims, demand, costs, losses, liability or, for any personal injury, death or property damage, or loth, 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. Signure of Applicant PASTOR 06/1g/2002 Official Title Date For Office Use Only Certificate of Insurance Approved ' Date 7 City of National City, California COUNCIL AGENDA STATEMENT August 6, 2002 EETING DATE AG 32 NDA ITEM NO. ITEM TITLE USE PERMIT - NATIONAL CITY C • MBER OF OF NATIONAL CITY Building and Safety duct its annual "Taste of p.m. on Thursday, August various restaurants in the for the event. They are s and a generator. meet the criteria in the TEMPORARY COMMERCE -TASTE 6- PREPARED BY DEPARTMENT Claudia Caro, Permit Technician EXPLANATION This is a request from the National City Chamber of Commerce to co National City" fund-raising event on A Avenue from 5:00 p.m. to 8:00 22, 2002. The event is open to the community for sampling food fro City. A six -piece ensemble band will provide entertainment. The Chamber is requesting that the 900 block of A Avenue be closes also requesting from the City the use of 50 rectangular tables, 150 chai A waiver of fees is requested. The event and sponsoring organization City Council Policy No. 704 for a waiver of fees. Environmental Review X N/A Financial Statement By: Approv-d The City has incurred $345 for processing the T.U.P. through various Finance Director ity departments. Account No. N/A >STAFF RECOMMENDATION d isliance with all conditions Approve the Application for a Temporary Use Permit subject to co of approval and grant the request for a waiver of the fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. - \ \-200 19 99 i .;, CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT• Taste of National City DATE OF EVENT: Thursday, August 22, 2002 TIME OF EVENT: 5:00 p.m. to 8:00 p.m. APPROVALS: PLANNING FIRE FINANCE PUBLIC WORKS POLICE ENGINEERING CITY ATTORNEY RISK MANAGER YES[x] NO[ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] (SAN DIEGO COUNTY HEALTH DEPARTMENT HAS BEEN NOTIFIED) CONDITIONS OF APPROVAL ENGINEERING 336-4380 1. Call Engineering department at least 72 hours prior to the event for any necessary coordination with contractors in the event of a construction site in the vicinity of the activity. Contact James at 336-4380. CITY ATTORNEY 336-4220 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 amount of coverage to be determined by the Risk Manager. RISK MANAGER I . Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City and its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Standard hold harmless signed (Done). Continued.. NC Chamber Taste NC Page 2 FIRE 336-4550 1. During this event, no emergency fire access is to be blocked. 2. The 25, 10' x 10' canopies described in the TUP application will require a six foot separation between each canopy. Please include a site map showing the locations of the food booths. 3. A minimum of four 2A:10BC fire extinguishers will be required to be available for immediate use. PUBLIC WORKS 336-4580 1. Electrician to provide electrical and setup assistance (5 hours). 2. Custodian to setup and help (approximately 4 hours). FINANCE 1. A list of all approved vendors is required to be provided to the Revenue and Recovery Division of the Finance Department, to verify if each participating vendor has a current Business License. POLICE 1. Senior volunteer will work event as requested. 2. At least one reserve Police officer will also be requested to work. Type of Event: _ Public Concert Parade _ Motion Picture _ Fair Festival _ Demonstration Circus _ Grand Opening _ Other .. Community Event _ Block Party Event Title: Taato of National City Event LoCation:Heritage Square - 900 block of "A" Avenue Event Date(s): From Aug. 22,32 1 day Month/Day/Year isj.:)NctuaIEvent Hours: 5 am/pm to 8 am/pm a} t &Setup/assembly/construction Date: Aug. 22 Start time: 10 a.m. *;ti'wC ` Please describe the scope of your, setup/assembly work (specific details): 20 canopy tents will be set up, Request use of 50 rectangular Total Anticipated Attendance: 400 (_Participants) Spectators) tables/150 chairs and generator from City Dismantle Date: 8 / 22 /02 Completion Time: 9 p .m. am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. 900 block of "A" Avenue 1 Sponsoring Organization: National City Chamber of Commerce For Profit X Not -for -Profit Chief Officer of Organization (Name) Edith A. Hughes. C. E.0 Applicant (Name): National City Chamber of Commerce Address: 711 "A" Avenue, National City, CA 91950 Daytime Phone: (619) 477-9339 Evening Phone: (619) 475-6124 Fax: 619 )477-5018 Contact Person "on site" day of the event: Edith Hughes Pager/Cellular: (619) 8 7-0591 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND" IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? RYES _ NO If YES, please explain the purpose and provide amount(s): Admission$10 adults, $8 senior citizens and children under 12. No charge to participating restaurants $ 4,000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 2,000 Estimated Expenses for this event. $ 2,000 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. National City restaurants will provide sampling of their food to those attending. This has become a favorite National City event in the beautiful setting of Heritage Square. YES _ NO If the event involves the sale of cars, will the cars -come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES g NO _ YES g NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: _ YES g NO Admission only PntitlPc at-tondo/2c to sarpi^_zo "4. 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. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 25 Sizes taxi n, NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Food will be prepared at the restaurants of the participants and brought to the event. Food will be kept hot by hot plate or sterno cans. 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: 9 (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 request 50 tables and 150 chairs from city > Fencing, barriers and/or barricades 2 street barricades needed at each end ➢ Generator locations and/or source of electricity City generator requested > Canopies or tent locations (include tent/canopy dimensions) 1oX10 canopies rented ➢ Booths, exhibits, displays or enclosures none > Scaffolding, bleachers, platforms, stages, grandstands or related 'structures none > Vehicles and/or trailers none ➢ Other related event components not covered above > Trash containers and dumpsters furnished by EDCO Disposal (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.) taken care of by EDCO Disposal 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: Committee will clean up. EDCO will take trash. 3 Please describe your procedures for both Crowd Control and Internal Security: Senior volunteers requested _ YES g 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: g 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: Street lights are adequate Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Paradise Valley Hospital will have a booth. Please describe your Accessibility Plan for access at your event by individuals with disabilities: All street level Please provide a detailed description of your PARKING plan: adequate street parking and parking lot at Union Bank Please describe your plan for DISABLED PARKING: The area is all street level - no steps Please describe your plans to notify all residents, businesses and churches impacted by the event: All residents in the Square will be notified with a hand delivpred letter st 1P»at nnP WPP1C hafnrP NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. -1ti- 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. 0 1 six -piece ensemble Number of Stages: Number of Bands: Type of Music: oldies _ YES x_ 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: P.A. system only YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: x YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Signs with name of participating restaurants will be hung on each canopy. 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 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization National City Chamber of Commerce Type of Organization Community Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? x Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. x No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. x No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? x Yes (Please provide an explanation and details. National City Chamber of Commerce No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: x No (P lease sign the form and submit it with the TUP Application) Ce.:(4 Signature ate 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization National City Chamber of Commerce Person in Charge of Activity Edith Hughes Address 711 "A" Avenue. National City. CA 91950 Telephone (619) 477-9339 Dates) of Use Thursday, August 22, 2002 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. ')oet,di Signature of Applicant Official title � o-e Date For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 6, 2002 AGENDA ITEM NO. 33 ITEM TITLE TEMPORARY USE PERMIT — SWEETWATER TOWN & COUNTRY MERCHANTS - FABULOUS 50'S PREPARED BY Claudia Caro, Permit Tech. DEPARTMENT Building and Safety EXPLANATION This is a request from the Sweetwater Town & Country Merchants Association to sponsor a 1-day event in the parking lot at 1722 Sweetwater Rd. from 9:00 a.m. to 4:00 p.m. on Saturday, October 26, 2002. The free event will consist of a Halloween Contest for children ages 2-10. This will be followed by a hula -hoop contest, and a bubblegum contest. Music will be provided by a. band from 9am until 2:30 pm. The event will also consist of a car show and arts and crafts. The Association is also requesting permission to hang 4 banners at the entrance to the shopping center. A waiver of fees is requested. The event and sponsoring organization do not meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review N/A Financial Statement Approved By: Finance Director The City has incurred $150.00 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 and deny 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 CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday, October 26, 2002 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 9:00 a.m. to 4:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[ x ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. No emergency access shall be blocked during this event. 2. No fire hydrants, FDC's or sprinkler connections are to be obstructed in any way. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. 2. Each vendor present on this event must have a separate business license. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the business license. 4. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. pe, Ott* Ccr Sh0LU5 v —1^C&S\hCarnS a accriona o,m ran. aeClPla MAI a art. mumuw 1.194161 en et TJ16 AMU Li ICEr 9.45 3 Tal6 R. S Oa6 rt.it1,SD6 sm.= }40,4oC IID6 WIA= 1OGai au:1® m an1BYN1YT11q/ VESTMOING MO/ MAMMAL W rt. itOIVdue due a0.IT. 112141“0.4W TL+.Sri 11. 1.✓IUn\*IN I,trt 24u,4 be tt1.N a6rt. SITE PLAN SWEETWATER TOWN & COUNTRY Type of Event: _ Public Concert _ Fair Festival Parade _ Demonstration ircus _ _ Motion Picture _Grand Opening Other_ Event Title: thu\ovs 5015- einiier Event Location:slW echA )Cci-er Ofoorl E. CDOn 1 1Ofping1 IJ Participants) 5i Spectators) Community Event 0(7A c Event Date(s): From /6-2 ' ttro Total Anticipated Attendance: Month/Day/Year ff�� Actual Event Hours: ' am/pm to "i am/pm Setup/assembly/construction Date: 10 -,?•5—0Mp art time: � lit , Please describe the scope of your setup/assembly work (specific detail$): OJ .o., -OL) ( mizet Dismantle Date: i /yy�� ? © Completion Time: 6 0 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. I r /r/ Sponsoring Organization: ' , » /,OlAri 1 or Prof j Not -for -Profit Chief Officer of Organiz ion (Name) - f f ' /l l 41 a Applicant (Name): /i r Address: / ` 1�6;:& ` _- 1171tA2d2 ,`r�� r (c4i Daytime Phon )471 vening Phone: ��r7. 8 )3 Faxx::�(-_) 43-- Contact Person "on site" day of the event: Pdity( Pager/Cellular: 1- f 4 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURA4ION 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? I YES, •l-ase explain the purpose and provide amo t(s): ES NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. j_f//fj_ QEs_timated Expenses for this event. (O What is the projected amount of revenue that the Nonprofit Organization will ceive 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 inf.r on -•oue :ve a)Cld .'.1] ly% / 14 _ 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: aid& YES 0 Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: _ YES XNO 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 0 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 0 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 yrduring the event) Tables and hair by ;V➢ Fencing, barriers and/or barricades v , Gener cations and/or source of electricity > anopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures C d"" ` .e /^j!� , 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 rremovvall of waste and garbage during and aftererthe`, event: /t(l �[-ti✓I/`C� �' �Y1Yi�0 Imo' s bt a Q L PI escribe your procedures for both Crowd Control and Internal Security: edat &AIL&at` d YES _j`f�iO 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: YESQ 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: else indi ate hat rr nge ent you h e made for providing First Aid Staffing and Epyipmient. P se d .e your Accessi.ility Plan for access at , o r ev-nt b individuals with dis- •ilities: J. Q Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKIN ›eltafnu kliglit-Z74-74) LOGte/akked 1 4 CareZtk, P/401-0L6 Please describe your plans to notify all residents, b}isinesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. RYES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. p Number of Stages: I Number of Bands: 9 Type of Music: 6015-4 r-i YES NO Will sound amplification be used? If YES, please indicate: q t i Start time: f t am/pm Finish Time �. 30 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 .ANO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/0 5 For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 8U1LMNG AHD SAEZ-v, RFCE!VP-D JUL 2 2 2002 CriY, CALir. Date Received 6 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 pro, eed to Question 3. Name of the sponsoring organiz tion "' £ Jiv Type of Organization 6LtLLC... (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 detlils. )(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. Flo (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 Dr.".lopment 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) ae- ignature 7; /6-0�- Date 9 City of National City, California COUNCIL AGENDA STATEMENT August 6, 2002 tEETING DATE AGENDA ITEM NO. 34 ITEM TITLE TEMPORARY USE PERMIT —NATIONAL CITY LIVING HISTORY PRESERVE - HARVEST FAI PREPARED BY Claudia Caro -Permit TechRkFat RTMENT Building and Safety EXPLANATION This is a request from the National City Living History Preserve to introduce visitors to the farm at 1808 F Ave from 10:00 a.m. to 4:00 p.m. on Saturday, September 14, 2002. The free event will consist of booths from various historical & garden groups and the National City Fire Department. Tours of the farm grounds & the farm house will be conducted. Bagged snacks and soft drinks will be sold. The Association will setup 10 10x10 canopies and display tables. They are also requesting permission to close F Ave between 18ti' Street and 19th Street from 7:00 a.m. to 5:00 p.m. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for waiver of fees. Environmental Review Financial Statement N/A X Approved By: Finance hector The City has incurred $171.00 in costs in processing the T.U.P. application through various rty Departments. Account No. STAFF RECOMMENDATION ccuce.k.02,. Approve the Application for a Tporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 099) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Living History Preserve DATE OF ACTIVITY: September 14, 2002 LOCATION OF ACTIVITY: 1808 F Ave TIME: 10:00 a.m. to 4:00 p.m. APPROVALS: POLICE PLANNING FIRE FINANCE PUBLIC WORKS CONDITIONS OF APPROVAL: YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[x ] FIRE (336-4550) 1. At no time, during this event, shall any Fire Department access be blocked. 2. No Fire Department connections, such as fire hydrants, FDC's or sprinklers shall be obstructed. 3. The 10x10 canopies mentioned in the TUP request must have a minimum of six feet separation between each canopy. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverage or merchandise is sold. 2. Each vendor present on this event must have a separate business license. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. 4. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of Business License numbers. PUBLIC WORKS (336-4380) 1. Public Works will set barricades out at the corner on Friday evening for event personnel to close the street on Saturday. 2. The barricades are to be returned to the corner by event personnel for pick up by Public Works on Monday morning. 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 1JA-rt J+rc- crts-r 1-1)»3C. utSro r P( S -vim Person in Charge of Activity Vt 2s itJoLS Address %243 #.4foo:itONnt_ CiD( Cf 914Sc Telephone CAR- 4"79- 8►GS Date(s) of Use Oj /►4 f ov 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 7 Type of Event: _ Public Concert X Fair _ Festival _ Parade _ Demonstration _ Circus Block Party Motion Picture _ Grand Opening _ Other Community Event Event Title: 14 ACZv E "f e �) Event Location: !$ 0 eb vg. tY1 I o'v'r11- Event Date(s): From 4'Ail o2 to ') /film. Total Anticipated Attendance: 4 Month/Day/Year (3D Participants) (I%O Spectators) Actual Event Hours: I OO Ofpm to 4 ; e0 ame Setup/assembly/construction Date: 9j/ `t (di-- Start time: 0 b:o 0 Please describe the scope of your setup/assembly work (specific details): SET Utz. -11SOltl`C TA46t_:5 m. CANo? ES Dismantle Date: 9 1 t'4 ) ot.. Completion Time: 6 t10 am/EcnD 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. t '` S-I I 1 51 Vtfil .) Sp' i d1,stzavG Sponsoring Organization: ttA-ttot "- Ct't`c L.twaoc. atSroia. _For Profit Not -for -Profit Chief Officer of Organization (Name) M1?Gl1 u_ (S�Ak•NCt•1xUNW 911--s, tN r Applicant (Name): \) I tJC kx) S Address: )243 PiAtUCi,tt-S-r1 - $T &IA'flon)t) 'Cv't CA all•95 0 Daytime Phone: ((t`t) Cal--32m. Evening Phone: (Cis) 4"11- U S Fax: (W 9) g23) Contact Person "on site" day of the event: \I t NC 13 e t_AS Pager/Cellular: 4 t 61 - el t, 2- 31 SL 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): P ►-t ► 55 ( 0 La Ai -JOLTS 41Vt),ft 3 NI, tn^L e2 (3'l®� c o t.x\-r I O N $ Sow .00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 400 - 0 d Estimated Expenses for this event. $ 2. S 0 .0Z) 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. AN iaatNL)esr'e it wig_lCA) cva- JtiSt?o(1.s TO -Cult= FAVA• AM-VIQVtE, ic-Gtvl�M` 1 WILL t2 015euprtmm , GOCSru15 F i VWa1OVS 1�15r (Ltc. 1L_ At IO G- Aft-Oe,3 atl-o WS Cs+.riacst_ i O 14•ANAc AA- 01M)ltA4 >Fg W>rtL AS tEPc1C21 - T. "Ttsv()-S 0C 1-1,1E CPttr\ eaLo `t NO g P3iz) 'TOE F 2 td\ e-1 oo.s Ccst \ c--z 5,) 04.S Fsrv® gor'c 0(1-) a' 5 W��- -GerSo��a _ 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 1 YES __ NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: eC.,to Spiv, S - t')flc._ 5,.,,4)ctcS _ YES ..NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies f Sizes f O Yt / 0 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: k.1 OL.t),Q L'— C't_I=?K.)' )i) 3 Please describe your procedures for both Crowd Control and Internal Security.. UONYAntoN R4►'t(SS(ON ( \IOLV N T��(`- S'ff1t=1= c: S►1k: _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. t'iL S? A lc) K rt S a h7 S I'T Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: C11-4 Si1R-LFt 1 — ©r—) 9tL44*vc. Please describe your plan for DISABLED PARKING: P f\tvc e ►)-v 8 (mil S rt 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 1 6GAL_ iltiStiO,KJ .S % \LL. (E 1uc.1-1 a '123`1 L` TL.. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. u(ES _ 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: `i Number of Bands: V. Type of Music: 'FD''2h _ 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: amPpm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES __INO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _INO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditio.ns of Approval Council Meeting Date: Approved: Yes No Vote: UMG AND SA -FEY" • RECEIVED L 1 8 7011.2 'ATONAL CM?, CALIF. Kathleen Trees, Director Building & Safety Department Date Received Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? 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 f4Pril '- ttT`t Lt) ii�L iStaR.K FAWN. fc i mg" Type of Organization LAN) tn.) & I. toauc (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? )C 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. )C 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. 1C 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: 19 Funds were used to: ?. 9►JAcc 'st9ti< D.60C- oN ?t9E STer►J FrA ► o\ S" No (P lease sign the form and submit it with the TUP Application) Signature Date 9 City of National City, California COUNCIL AGENDA STATEMENT cETING DATE August 6, 2002 ITEM TITLE AGENDA ITEM NO. 35 TEMPORARY USE PERMIT —SWEETWATER TOWN & COUNTRY MERCHANTS - SALSA & COUNTRY WESTERN DAYS PREPARED BY Claudia Caro, Permit Tech DEPARTMENT Building and Safety EXPLANATION This is a request from the Sweetwater Town & Country Merchants Association to sponsor an event in the parking lot at 1722 Sweetwater Rd. from 9:00 a.m. to 4:00 p.m. on Saturday, August 17, 2002. The free event will consist of a Salsa Taste off and will include tables being setup for the contest. A DJ will be playing music. In the afternoon there will be a live Western Band. There will also be clowns, arts and crafts and pony rides. The Association is also requesting permission to hang 4 banners at the entrance to the shopping center. A waiver of fees is requested. The event does not meet the criteria in Council Policy No. 704 for a waiver of fees Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $150.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION lb244A Approve the Application for a Tempo ary Use Permit subject to compliance with all conditions of approval and deny the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9 991 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday, August 17, 2002 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 9:00 a.m. to 4:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[ ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. Don't block any emergency access during this event. 2. No fire hydrants, FDC's or sprinkler connections are to be obstructed in any way. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each vendor present on this event must have a separate business license. Vendors currently licensedby the City may operate on their existing license. A list of all approved vendors is to be provided to the Revenue and Recovery Division of the Finance Department. S ?OW*,Q �- 4e - - ` 1 ,REp La. JOY O RESUME YIO.Au YCIb. O@ ann. 921%=al =TN2 9619' M L9 =a 1T.L9lNUA 1.1Mm t¢n. 9.0 ACM nfl usTOx. =au la Pt rtelnl. pmmnA-ILgOb IT.LMA0l16MLw SMM$rt. ,2.610,%00 nnc QL1A. 1YO.Y Ternla pubsolftiali 10 GR I MORAIM so Me YOnnllni Ai. 1M1211muxfNSSAUA ntimuo Mll00 Mum MU ienasa.@A 1n.1.6 mn. %19 San. Q& mn. eF 1WATER ROAD 9.rmn. SITE PLAN ASroi. Y,M 11VVr SLATE ROUTE 54 SWEETWATER TOWN & COUNTRY L Type of Event: _ Public Concert Parade - Motion Picture _Fair Demonstration — Grand Opening _ Festival _ Community Event Block Partyear ircusr^ EOT XOther . , I ��� Event Title: E- ©A-C- � 1.�W "SR t V3a/ Event Location:-F(i L_VJO! t stq S � i � ier 1 Event Date(s): From / 2 D0 Z Total Anticipated Attendance: 0 .00 nth/Day/Year ( Participants) (� (t ip Spectators) Actual Event Hours: ` t am/pm to f am/pm Setup/assembly/construction Date: r-)(0"'02arttime: id• N1Cwt" APE Please describe the scope of your setup/assembly work (specific details): W �-0 ( gyp. (fvN� O�, l .$��. . »QM ` vyk. C ivs W 0=-c(- -�ie7. �- 01 ' Dismantle Date: 8~(-I !'V Z Completion Time: "17.°0 am/zm 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. nI po_ Or z t - C 6oni�' Not f ofit Sponsoring Organization:��tJ(J ����§�.`� M ofit Chief Officer of Organization/����g((Name —5 `��l-C - Applicant (Name): \✓tIJU...XE a Q t Address: VI O`� Qd U XJfl 'N.,l JVje- w � i l.ir ((� /`,� �Z5-8(: (( �� Daytime Phone:�L�{ i) �Z�I� "it�fti�Evening Phone: 66 Contact Person "on site" day of the event: cJ L 1Q Pager/Cellular:` {� NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURAT N OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? _ ES _ NO Are admission, entry, vendor or participant fees required? ONO YES _ NO If YES, please explain the purpose and provic}e amount(s): O. O c.R.SL $ " Estimated Gross Receipts including ticket, product and sponsorship sales from a�this event. $ �'/ !,_ f Estimated Expenses for this event. 4 �, OkNit-4— $ 1 15° Q What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? w OVv cL L ; 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 inf., mation about the event. 1MYKIYINak wit waQ -6LiTtiotetA erm uutIA,A0 uuturNv hakyea_. LiLe * J� _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES X'10 Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ 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 JNO 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) ,Nviir Tables and.Chairs Cv�-�� t) $ t� Fencing ,parriers and/or barricades g ~ `cl 1 ➢ 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.) L Number of trash cans: q- Trash containers with lids: tt Descry- you plan for clean-up and removal of waste and garbage during and after the event: ase describe your procedures for both Crowd Control and Internal Security: _ YES CVO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: YES Security Director (Name): Phone: O 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: Ple.,..e ' dicate what arra g= ent you h-ve made fo providi g First id„taffi d quipment °Tic; /Agiu U c.“ J)-Q YL t x-1, . Please des vibe your Accessibi CDO Pla for cce,ss�pfa't your event in iividuals wi disabilities: I AA Of Please provide a detailed description of your PARKING plan: Please describe your plan for DI ABLED PARKING: „e4g,(i (o ✓tom L'uA-(i-a-'az. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: N/n NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. t 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. YES _ NO Number of Stages:e ,,Number of Bands: /� Type of Music: ),(2.9,�1 ..0V vvc al "f a . b .I Will sound amplification('O be used? If YES, please indicate: Start time:q �� am/pm Finish Time am/pm YES Y 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: AYES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 "taleel 11:r 5 For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department EiljitiNNG AHD SikEE1' AFCEWED rr!: 2,2 200? ONAL CrlY, CAUF. Date Received 6 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 ire ofath® �fj e organizati n(f�( Type of Organization •J P,Ote,,Aeweee_ (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 de/ ANo (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. KNo (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) 9 City of National City, California COUNCIL AGENDA STATEMENT 4EETING DATE August 6, 2002 AGENDA ITEM NO. 36 ITEM TITLE TEMPORARY USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE Claudia Caro, Permit Technician C ° Building and Safety PREPARED BY DEPARTMENT EXPLANATION This is aequest from McCune Motors to conduct a three day used vehicle tent sale on lot 2 at the Plaza Bonita Shopping Center, from Friday, August 9- Sunday, August 11, 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. ( Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 4 Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9. 99)