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HomeMy WebLinkAbout2002 12-03 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - DECEMBER 3, 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 NOVEMBER 19, 2002. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-cty.ca.us COUNCIL AGENDA 12/3/02 PAGE 2 1. WARRANT REGISTER NO. 21 (Finance) Ratification of Demands in the amount of $244,877.74 BUSINESS RELATING TO GENERAL MUNCIPAL ELECTION, NOVEMBER 5, 2002. 2. Resolution No. 2002-169 Resolution of the City Council of the City of National City reciting the fact of the General Municipal Election held on November 5, 2002, declaring the result and such other matters as provided by law. (City Clerk) RECOGNITION OF OUTGOING ELECTED OFFICALS RECESS ROLL CALL OF RECONSTITUTED COUNCIL COMMENTS BY NEW MEMBERS PRESENTATIONS Introduction of City's new Legislative Advocate in Sacramento CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which a.re 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. COUNCIL AGENDA 12/3102 PAGE 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 2002-170 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish two three-foot red no parkingzones adjacent to the driveway at 2703 East 24' Street. (J. Araiza, TSC Item No. 2002-33) (Engineering) 4. Resolution No. 2002-171 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish two three-foot red no parking zones adjacent to the driveway at 1629 East 11th Street. (J. Hidalgo, TSC Item No. 2002-34) (Engineering) 5. Resolution No. 2002-172 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish two three-foot red no parking zones adjacent to the driveway on the Cleveland Avenue frontage of 1428 McKinley Avenue. (K. Stein, TSC Item No. 2002-35) (Engineering) 6. Resolution No. 2002-173 A Resolution of the City Council of the City of National City authorizing the City Council to declare an emergency for the repair and restoration of a residential property damaged by a sewage overflow. (Public Works) 7. Resolution No. 2002-174 A Resolution of the City Council of the City of National City approving Change Order Number One for the Civic Center and Police Facility Security and Fire System Enhancement Project. (Engineering Spec. No. 02-6) (Engineering) COUNCIL AGENDA 12/3/02 PAGE 4 CONSENT CALENDAR (Cont.) 8. Resolution No. 2002-175 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Agreement with the California Energy Commission for new Battery Backup Systems for existing traffic signals using light emitting diodes (LED) (Public Works/Engineering) 9. Resolution No. 2002-176 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act contract for the Wellington Estate at 3600 East 8th Street. Applicant: Moncrieff Family Limited Partnership. (Case File No.: M-2002-1) (Planning) 10. Resolution No. 2002-177 A Resolution of the City Council of the City of National City giving Notice of Intention to vacate a portion of 9th Street between Roosevelt Avenue and National City Boulevard: Applicant: National City Community Development Commission. (Case File No. SC-2002-2) (Planning) 11. Approval of Estoppel Certificate for American Golf Corporation. (Parks & Recreation) NON CONSENT RESOLUTIONS 12. Resolution No. 2002-178 A Resolution of the City Council of the City of National City amending the list of identified historic sites in National City to include the Coronado Belt Line Right -of Way. (Planning) COUNCIL AGENDA 12/3/02 PAGE 5 NON CONSENT RESOLUTIONS (Cont.) 13. Resolution No. 2002-179 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and Joe A. Gonsalves & Son to provide services in legislative advocacy and governmental affairs. (City Manager) ORDINANCE FOR INTRODUCTION 14. An Ordinance of the City Council of the City of National City amending Title 11 of the National City Municipal Code by adding a new Chapter 11.42, Titled "Spectators Prohibited at Illegal Speed Contests or Exhibitions of Speed", and by adding new Sections 11.42.010, 11.42.020, 11.40.030, 11.40.040, 11.40.050 and 11.40.060. (City Attorney) URGENCY ORDINANCE FOR ADOPTION 15. An Urgency Ordinance of the City Council of the City of National City adopting the Standard Urban Stormwater Mitigation Plan. (Public Works/Engineering) NEW BUSINESS 16. City Council Vacancy 17. Adjustments in compensation for Mayor and City Council and for CDC Chairman and Board Members. (City Attorney) 18. Temporary Use Permit - Sweetwater Town & Country Merchants Lunch with Santa/Toy Giveaway. (Building & Safety) 19. Temporary Use Permit Bethel Church — Toys for Joy. (Building & Safety) COUNCIL AGENDA 12/3/02 PAGE 6 NEW BUSINESS (Cont.) 20. Temporary Use Permit - Mario's Family Clothing -Sale. (Building & Safety) 21. Notice of Decision - Conditional Use Permit for a wireless communications facility at the Highland Avenue Baptist Church at 2605 Highland Avenue. (Application: Sprint PCS Assets) (Case File No. CUP-2002-18). (Planning) -> 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. ADJOURNMENT Next Regular City Council Meeting - December 17, 2002 - 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 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 03, 2002 1 AGENDA ITEM NO. J ITEM TITLE WARRANT REGISTER #21 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #21 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 244,877.74. BOARD / COMMISSIONCOMMENDATION C,Uvr ATTACHMENTS ( Listed Below ) 1. Warrant Register #21 2. Workers Comp Warrant Register dated 11/13/02 Finance Direc Resolution No. A-200 (9;99) City of National City, California COUNCIL AGENDA STATEMENT FETING DATE December 3, 2002 2 AGENDA ITEM NO. (ITEM TITLE RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. PREPARED BY EXPLANATION DEPARTMENT Michael R. Dalla City Clerk Once the County has canvassed the election and provided an "Official Canvass" of the returns to the City Clerk, the Council can meet and adopt a Resolution to "Declare Results" pursuant to California Election Code 15400, incorporating the "Official Canvass" into the Resolution as "Exhibit A." Environmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below;) 1. Resolution 2. Certified "Official Canvass" from the Registrar of Voters Resolution No. 2002-169 A-200 (9.99) RESOLUTION NO. 2002 — 169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of National City, California, on Tuesday, November 5, 2002, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2002-85, adopted on June 18, 2002, the San Diego County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit "A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City, except absent voter ballots, was 5,643. That the whole number of absent voter ballots cast in the City was 1,940 making a total of 7,583 ballots cast in the City. SECTION 2. That the names of persons voted for at the election for Mayor are as follows: NICK INZUNZA RON MORRISON GEORGE H. WATERS Resolution No. 2002 — 169 December 3, 2002 Page 2 of 3 That the names of persons voted for at the election for Member of the City Council are as follows: MITCH BEAUCHAMP CECILIA GARCIA-KIRK DARRYL GORHAM LOUIE NATIVIDAD FRANCISCO "FRANK" PARRA TONY VILLAFRANCA SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were listed in Exhibit "A" attached. SECTION 4. The City Council does declare and determine that: NICK INZUNZA was elected as Mayor for the full term of four years; LOUIE NATIVIDAD was elected as Member of the City Council for the full term of four years; FRANCISCO "FRANK" PARRA was elected as Member of the City Council for the full term of four years; SECTION 5. That the City Clerk shall enter on the records of the City Council of the City, a statement of result of the election showing: (a) The whole number of votes cast in the City; (b) The names of the persons voted for; (c) For what office each person was voted for; (d) The number of votes given at each precinct to each person; (e) The total number of votes given in the city to each person. Resolution No. 2002 — 169 December 3, 2002 Page 3 of 3 SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk; Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 3`d day of December, 2002. `George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Sally McPherson, Registrar of Voters of the County of San Diego, do hereby certify that I have conducted the official canvass of the returns from the County of San Diego General Election held on November 5, 2002, and that the following is a statement of the results showing the total number of ballots cast, the total number of votes cast for each candidate, and the total number of votes for and against each measure. Witness my hand and official seal this 27th day of November, 2002. rc-PLAc,o-cn--) SALL cPHERSON Registrar of Voters OFFICIAL CANVASS - SAN DIEGO CO. GENERAL ELECTION - 11/5/02 RUN DATE 11/27/02 11:30:00 CITY OF NATIONAL CITY - MAYOR & CITY COUNCIL Page Number 902.110.001 R E G I S T E R E D V 0 T E R S T U R N 0 U T T U R N 0 U T P E R C E N T A E CR I 0 TN Y M 0 0 F R R N-I ASA TO IN 0 N A L C I T Y C G IE TO YRYK G 0 E F H N. TW IA 0 T NEN ARA LSL C I T Y C N II TC 0 I F N Z NU AN TZ IA 0 C I T Y CT I 0 TN YY 0 V FI L NL AA TF IR OA NN AC LALKL C I T Y CF IR TA YN CHLYE 0 I FS C NO A T" IF OR NA AN C I P TAT YRYYYY R A CM II TT YC 0 FB E NA AU TC IH .O A NM AP C I CC IE T.0 YI 0 I FAF NG AA TR IC 0 I NA A- LKLL C R 1 K T CD IA TR YR OL G NO AR TH IA OM N A C I TT CL 10 TU YI 0 F N A NT AI TV II OD NA AD C I 515600 NATIONAL CITY 600 -217 36.1% 45 45 119 25 67 4• 5 13 86. 315800'NATIONAL CITY 1198 416 34.7% 109 86 190 76 137 9• 41 103 515900 NATIONAL CITY 1033 301 29.1% 58 47 182 78 96 6. 6 27 93 516000 NATIONAL CITY 1028 393 38.2% 100 95 184 9C 116 7 57 137 516200 NATIONAL CITY 704 270 38.3% 100 5C 112 671- 83 •• 6 35 84 516500 NATIONAL CITY 847 317 37.4% 88 106 119 92 86, 7• 61 115 516600 NATIONAL.'CITY .644 207 32.1% 74 56- 71 67 51 4 3 32 60 516700 NATIONAL CITY 1277 390 30.5% 97 96 178 10C 129 10 6 56 112 516800 NATIONAL CITY 927 267 28.8% 48 58 143 73 62 6 5 19 86 517200 NATIONAL CITY 805 244-30.3% 57 70 99 104 66 5' 2 19 57 517400 NATIONAL CITY 925 343 37.0% 96 92 144 95 1041 :' 51 44 159 517500 NATIONAL CITY 784 27334.8% 82 64 118 46 87 81. 4 54 82 517600 NATIONAL CITY 997 353 35.4% 83 107 134 77 97 44 95 517800 NATIONAL CITY 1201 335 27.8% 71 54 201 61 108 • 20 110 518100 NATIONAL CITY 1072 394 36.7% 134 88 163 46 148 10• 6 75 135 518310 NATIONAL CITY 1260 412 32.6% 101 99 '197 7C 145 71 10• 58 132 518600 NATIONAL CITY 790 232 29.3% 46 46 128 39 72 7 3• 23 80 518800. NATIONAL CITY 856 279 32.5% 75 48 1441 58 84- 6 5 52 77 888578 REQUESTED AV 0 97 0.0% 26 22 30 18 26 31 21 24 21 888646 REQUESTED AV 0 1745 0.0% 420 405 819 287 495 561 38 288 616 999578 DECLARED AV 0 0 0.0% 0 0 0 C 0 1 1 C 0 999579 DECLARED AV 75 30 40.0' 7 4 17 C S 11 3 11 999580 DECLARED AV 45 23 51.1Y 14 4 4 12 3 • 6 1 999646 DECLARED AV 99 45 45.4% 11 4 29 9 18 • 5 16 **** T 0 T A L S **** 17167 7583 44.1% 1942 1746 3534 1598 2289 1931 155 1064 2468 SUMMARY OFFICIAL CITY Of NATIONAL CANVASS - SAN DIEGO CO. GENERAL ELECTION - 11/5/02 RUN DATE 11/27/02 11:30:00 CITY - MAYOR & CITY COUNCIL ?age Number 903.1010.00 R E G I S T E R E D V 0 T 'E R S , T -U R N 0 U T T U R N 0 U T P E R C E N T A G E CR 10 TN Y M 0 0 F R R NI ASA TO IN 0 N A L C I T Y C G IE TO YRYK G 0 E F H N. TW IA 0 T NEN ARA LSL C I T Y CM II TC 0 I F N Z NU AN TZ IA 0 C I T Y CT I 0 TN YY 0 V FI L NL AA TF IR OA NN AC LALKL CCCCRCC I TTAT YYRYY C F I'll TA YN CHLYE 0 I FS C NO A T" IF OR NA AN " I P R A CM II TT YC 0 FB E NA AU TC IH OA NM AP I CC IE TC YI 0 I FAF MG AA TR IC 0 I NA A- LKLL I 1 K T CD IA TR YR 0 L G NO AR TH IA OM N A I TT Y CL I 0 TU YI 0 F N A NT AI TV II 0 D NA AD I Y POLLING PLACE VOTE 16944 5643 33.2% 1464 1307! 2626 1272 173E 1315 112E 734 1803 ABSENTEE TOTALS 0 1842 0.0% 446 427 858 305 521 590 408 312 637 NPP VOTE 215 98 44.7% 32 12 50 21 3C 25 15 18 28 **T O T A L V 0 T E** 17167 7583 44.1% 1942 174E 3534 159E 2289 1930 1553" 1064 2468 ALL ABSENTEE VOTES ARE APPORTIONED INTO EACH OF THE DISTRICTS SHOWN 49TH CONGRESSIONAL 0 C 0.0% - 0 0 0 CCCO C C 50TH CONGRESSIONAL C 0 0.0% 0 0 0 0 C C C C C 51ST CONGRESSIONAL 17167 75 44.1% 1942 174E 3534 1598 2289 193C 1553 1064. 246E 52ND CONGRESSIONAL C C 0.0% C 0 0 0 C C 0 C 0 53RD CONGRESSIONAL 0 0 0.0% 0 C 0 C 0 0 C C 0 36TH SENATORIAL C 0 0.0% 0 0 0 CCCO C C 38TH SENATORIAL 0 C 0.0% 0 C 0 0 C OCCC 39TH.SENATORIAL C C 0.0% 0 0 0 0 0 0 0 C 0 40TH SENATORIAL 17167 7583 44.1% 1942 174E 3534 1598 2285 1930 1553 1064 246E 66TH ASSEMBLY 0 C 0.0% C C 0 0 0 C 0 C 0 73RD ASSEMBLY 0 C 0.0% C C 0 CCCO C 0 74TH ASSEMBLY - 0 0 0.0% 0 C C 0 C C 0 C .0 75TH ASSEMBLY C O 0.0% 0 0 0 0 C C 0 0 0 76TH ASSEMBLY C C 0.0% •C 0 0 0 OCOCC 77TH ASSEMBLY 0 C 0.0% C 0 C C 0 C. C 0 0 78TH ASSEMBLY 0 0 0.0% 0 0 0 CCCCCO 79TH-ASSEMBLY 17167 7583 44.1% 1942 1746 3534 1598 2289 193C 1553 1064 246E 1ST SUPERVISORIAL 17167 7583 44.1% 1942 174E 3534 1598 2285 1930 1553 1064 2468 2ND SUPERVISORIAL 0 0 0.0% 0 0 C CCCO C C 3RD SUPERVISORIAL 0 0 0.0% 0 0 0 OCCOCC 4TH SUPERVISORIAL 0 0 0.0% C 0 0 CCCC 0 C 5TH SUPERVI'SORIAL C 0 0.0% C C 0 C 0 0. C 0 C CITY OF CARLSBAD C 0 0.0% 0 0 0 C C C 0 C 0 CITY OF CHULA VISTA C 0 0.0% 0 0 0 C C 0 0 C 0 CITY OF CORONADO C 0 0.0% 0 0 0 0 0 C C C CITY OF DEL MAR C C 0.0% C 0 0 C C 0 0 0 C CITY OF EL CAJON 0 0 0.0% 0 0 0 C C 0 0 C 0 CITY OF ENCINITAS 0 0 0.0% 0 0 0 0 C C 0 0 0 CITY OF ESCONDIDO 0 0 0.0% C 0 0 C C C 0 0 0 CITY OF IMPERIAL BEACH C 0 0.0% 0 C 0 0 C 0 0 0 0 CITY OF LA MESA C C 0.0% C C 0 C 0 C 0 C 0 CITY OF LEMON GROVE 0 0 0.0% C 0 0 0 0 C 0 0 C CITY OF NATIONAL CITY 17167 7583 44.1% 1942 174E 3534 1598 2285 193C 1553 1064 2468 CITY OF OCEANSIDE 0 0 0.0% 0 C 0 0 0 C C C 0 CITY OF POWAY C C 0.0% 0 0 0 0 0 C C C 0 CITY OF SAN DIEGO C C 0.0% - C C 0 0 0 0 C C 0 SAN DIEGO - 1ST CC C C 0.0% C C 0 C 0 0 1 0 0 SAN' DIEGO - 2ND CC C' 0 0.0% C 0 0 C 0 C 0 SAN DIEGO -C 3R0 CC C 0 0.0% 0 0 0 0 0 C C, CC SAN DIEGO - 4TH CC 0 -0 0.0% C 0 C C 0 C C C SAN DIEGO - 5TH CC 0 C 0.0% 0' 0 0 C 0 0 0 0 C SAN. DIEGO - 6TH CC 0 C 0.0% ' 0 0 0 C 0 0 C 0 0 SAN DIEGO - 7TH CC C C 0.0% 0 C 0 C 0 0 0 0 0 SAN DIEGO - 8TH CC 0 0 0.0% 0 C 0 0 0 C C 0 C CITY OF SAN MARCOS 0 0 0.0%, 0 C 0 0 0 C C 0 0 CITY OF SANTEE 0 C 0.0% ''' C 0 C C 0 C C 0 0 CITY OF SOLANA BEACH 0 - C 0.0% 0 0 C C C C 0 0 C CITY OF VISTA - 0 C 0.0% 0' C C OCCCC C JNINCORPORATED AREAS C d 0.0% C 0 0 0 C C 0 0 0 ALPINE COMM PLAN - C 0 0.0% 0 C 0 0 0 C 0 C 0 ALPINE FIRE PROT C 0 0.0% C C 0 0 C 0 C 0 0 ALPINE UNION'SCHOOL C 0.0% C C • C, C, C SUMMARY OFFICIAL CANVASS - SAN DIEGO CO. CITY OF NATIONAL CITY - MAYOR & GENERAL ELECTION - 11/5/02 RUN DATE 11/27/02 11:30:00 CITY COUNCIL Page Number 904.1010.00 R E G I S T E R E D V 0 T E R S T U R N 0 U T T U R N 0 U T P E R C E N T A G E C R I 0 TN Y M 0 0 F R R NI A S TO IN 0 N A L C I T Y C G IE TO Y R G 0 E F H N. A TW IA 0 T NEN ARA L S C 1 T Y C N II TC Y K 0 I F N Z NU A N TZ IA 0 L C I T Y CT I 0 TN YY 0 V FI L NL AA IF IR OA NM AC LALKL CCCCRCC I T Y C F I-R TA YN C 0 I FS C NO A T" IF OR NA AN II I P TAT YRYYYY R A CM II TT YC H 0 FB E NA AU TC IN OA NM AP I CC IE TCTR YI L 0 I FA NG AA TR IC 01 NA A- LKLL I I K TTT CD IA YR Y 0 L F G NO AR TM IA OM N A 1 C L 1 0 TU YI E 0 F N A NT AI TV II 0 D NA AD I BONITA SUNSIDE FIRE PROT 0 C 0.0% 0 0 0 C 0 0 ' 0 C BONSALL UN ELM SCHL 0 C 0.0% 0 0 C 0 0 0 a 0 0 BORREGO WTR-CA WTR/SWR 0 0 -0.0% 0 0 0 0 0 0 a 0 0 CAJON VALLEY UNION SCHL 0 C 0.0% 0 0 C C 0 0 a 0 0 CARDIFF ELEM SCHOOL 0 0 0.0% 0 0 C C 0 0 I 0 C CARLSBAD UNI SCHL 0 C 00Y 0 0 C 0 0 0 a 0 0 CDHG-HARB CANYON AREA 0 C 0.0% 0 0 0 0 0 0 a 0 C CHULA VISTA ELEM SCHL 856 37E 43.9% 101 70 183 76 110 93 7 76 9E CMPO/LK MRNA COM PLN PRC 0 C 0:0% 0 0 0 C 0 0 I 0 C CORONADO UN' SCHL 0 1745 0.0% 420 405 815 287 495 560 38 288 616 CSA 111 BOULEVARD FIRE 0 0 0.0% 0 0 C C 0 0 I 0 0 CSA 112 CAMPO FIRE 0 C 0.0% 0 0 C 0 0 C a 0 0 DEER SPRINGS FIRE PROT 0 C 0.0% 0 0 C 0 0 C 1 0 C )EL. MAR. UN ELM SCHL 0 0 0.0% 0 0 0 0 0 0 a 0 0 JESCANSO WTR COMM SRV 0 0 0.0% 0 0 C 0 0 0 I 0 0 EAST COUNTY FIRE PROT 0 C 0.0% 0 0 C 0 0 C I 0 0 =NCINITAS'UN ELM SCHL 0 C 0.0% 0 0 0 0 0 0 0 0 C ESCONDIDO UN HIGH SCHL 0 0 0.0% 0 0 C 0 0 0 • 0 C ESCONDIDO UNION SCHL 0 C 0.0% 0 0 0 0 0 C a Q 0 FALLBROOK COMM PLAN 0 '0 0.0% 0 0 C 0 0 -0 I 0 0 FALLBROOK HLTHCARE DIST 0 0 0.0% 0 0 0 0 0 C I 0 C FALLBROOK PUBLIC UTL 0 C 0..0% 0 0 0 0 0 0 •. 0 C FALLBROOK UN ELEM SCHL 0 0 0.0% 0 0 0 C 0 0 r 0 C FALLBROOK UN HIGH SCHL 0 0 0.0% 0 0 0 C 0 C I 0 C GROSSMONT CUY COMM' CLG 0 C 0.0% 0 0 0 C 0 C a 0 0 GROSSMONT HLTHCARE DIST 0 C 0.0% 0 0 0 0 0 C 8 0 0 GROSSMONT.UN HIGH SCHL 0 C 0.0% 0 0 0 0 0 C 1 0 0 HELIX WTR DIV -2 0 0 0.0% , 0 0 0 0 0 C 1 0 0 HELIX WTR DIV -4 0 0 0.0% 0 0 C C 0 0 0 0 0 JAMUL DULZURA CPA 0 0 0.0% 0 0 0 0 0 0 • 0 0 JAMUL DULZURA ELM SCHL 0 0 0.0% 0 0 0 0 0 0 • 0 0 LA MESA SPG VLY SCHL 0 C 0.0% 0 0 0 0 0 C I 0 0 LAKESIDE COMM PLAN 0 C 0.0% 0 0 0 0 0 0 I 0 0 LAKESIDE FIRE PROT 0 C 0.0% 0 0 0 0 0 0 1 0 0 LEMON GROVE ELM SCHL 0 0 0.0Y 0 0 0 0 0 0 I 0 0 LEUCADIA CO WTR (SWR) 0 C 0.0% 0 0 0 0 0 C I 0 0 LOWER `SWT WTR FIRE PROT 75 3C 40.0% 7 4 17 0 9 1C 3 11 MTN EMPIRE UNI SCHL 0 0 0.0% 0 0- 0 C 0 C a 0 0 NORTH COUNTY FORE PROT 0 0 0.0% 0 0 0 C 0 C 1 0 0 OCEANSIDE UNI SCHL 0 0 0.0% 0 0 0 0 0 C t 0 C OTAY WTR DIV -1 0 0 0.0% 0 0_ 0 0 0 - C 1. -0 C OTAY WTR DIV -3 0 0 0.0% 0 0. 0 0 0 C I 0 C OTAY WTR DIV -5 - 0 0 0.0% 0 0 C - _. 0 0 0 I 0- C PADRE DAM MUNI WTR DIV-1 0 0 0.0% 0 0 0 0 0 0 -- 0 0 C FORE DAM MUNI WTR DIV-3 0 0 0.0% 0 0 0 - 0 0 0 8 0 C PADRE.DAM'MUN.I WTR DIV-5 0 0 0.0% 0 0 0 0 0 C 1 0 C PALOMAR COMM COLLG 0 0 0.0% 0 0 0 0 0 C 1 0 C PALOMAR PROM. HLTHCAR SYS 0 C 0.0% 0 0 0 C 0 C 10 0 PINE VALLEY FIRE PROT - 0 C 0.0% 0 0 0 C ' 0 0 I 0 C PINE VLY COMM PLN PROP 0 0 0.0% 0 0 0 C 0 0 8 `-`0 C POWAY UNI SCHL 0 0 0.0% 0 0 0 0. 0 0 1. 0 C PY SCHL FAC IMPRV DIST 0 0 0.0% 0 0 0 0 0 0 r 0 0 RINCON DL DBL MN WTR-4D 0 C 0.0% 0 0 ' 0 0. _.0 0 8 0 0_ RAINBOW MUNI WTR. DIV -3 0 0 0.0% . 0 -0 C -. 0' 0 -"C a 0 0 -" RAINBOW MUNI WTR DIV -4 0 0 0.0% 0 0 C 'C 0 _ E I 0 0 RAINBOW MUNI WTR DIV -5 0 0 0.0% ' 0 0 C - C 0 C a 0 C RAMONA 'COMM PLAN 0 0 0.0% 0. 0 C -0 C- I 0 C RAMONA UNIFIED. SCHL-t:. 0 0 0.0% " 0 0 C - -0 C-- a 0 C RANCHO SANTA FE COMM SRV 0 0 0.0% 0, 0_ C 0 C r 0 0 RANCHO SANTA.FEELM.SCHL 0 0 0.0% 0 0 0 0 C 0 -0 RF-DEERHORN VLY SRV ZONE 0 C 0.0% 0 0 0 0 C. 0 C SUMMARY OFFICIAL CITY OF CANVASS - SAN DIEGO CO. NATIONAL CITY - MAYOR & GENERAL ELECTION - 11/5/02 RUN DATE 11/27/02 11:30:00 CITY COUNCIL Page Number 905.1010.00 R E G !- S T E R E D V 0 T E R S T U R N 0 U T T U R N 0 U T P E R C E N T A G E r>ZO•-•-1Dz -no K-1^0 ZOW..MMO3 ZOM +10 Vl'OT-IDC • z ma OTO C N I I T C. Y K 0 I F N 2 N U A N T Z I A 0 N A L C I T Y CT 1 0 TN YY 0 V F I L NL AA TF IR OA MN AC LALKL CCC I TTAT Y C F I-R TA YN C 0 I. F S C NO A T" IF OR NA AN „ I P YRY R A CM II TT YC H 0 FB E NA AU TC 1 H OA NM AP I CC I E TC YI L 0 I FA NG AA TR IC 0 I NA A- LKLL I CRCC I K TTT YYY CD IA TR YR Y 0 L F. G NO AR TH IA OM N A I C L I 0 TU YI E 0 FN A NT AI TV II OD NA AD I RF-LAKE MORENA SRV ZONE C 0 0.0% 0 0 0 0 00 0f C 0 RIVERVIEW URT-CA WTR DST C 0 0.0% 0 0 0 0 0 0- 0 C 0 RNCHO SANTA FE FIRE PROT 0 0 0.0% 0 0 0 0 0 0 0 C 0 SAN DIEGO COMM COLLEGE 45 23 51.1% 14 4 4 12 3 6 6 6 1 SAN DIEGO COMM COLL- A 0 0 0.0% 0 0 0 0 0 0 CIL C 0 SAN DIEGO COMM COLL- C C 0 0.0% 0 0 Q. 0 0L C 0 0 C SAN DIEGO COMM.COLL- E 0 0 0.0% 0. 0 0 0 0 C 0 C 0 SAN DIEGO UNIF SCH - B 0 0 0.0% 0 0 0 0 0 0 C C 0 SAN DIEGO UNIF SCH - C 0 0 0.0% 0 0 0 0 0 C 0 C 0 SAN DIEGO IMF SCHL 0 0 0.0% 0 0 0 0 0 OCCC SAN DIEGUITO COMM PLAN 0 0 0.0% 0 q 0 0 0 OCCC SAN DIEGUITO UN HI SCHL 0 0 0.0% 0 0 0 0 C 0. C CC SAN MARCOS UN! SCHL 0 0 0.0% 0 0 0 0 0 0 0 C C SAN. MEGUEL FIRE PROT 0 0 0.0% 0 0 0 0 0 0 0 0 0 SAM PASQUAL UN ELM. SCHL C 0 0.0% 0 0 0 C 0 0 C 0 0 SAN YSIDRO ELM SCHL C. 0 0.0% 0 0 C C C 0 C 0 C SANTA FE IRR DIV -3 C 0 0.0% 0 0 C 0 C' 0 C 0 0 SANTEE ELEM SCHL C 0 0.0% 0 0 0 0 C 0 C 00 C SOLANA BEACH ELM SCHL C 0 0.0% 0 0 0 0 0 0 C C C SOUTH BAY IRR DIV-1 C 0 0.0% 0 0 q OCCCCO SOUTH BAY IRR DIV-4 C 0 0.0% 0 0 0 0 C 0 0 C 0 SOUTH BAY UN -.ELM SCHL 0 0 0.0% 0 0 0 0 C 0 0 C 0 SOUTHWESTERN COMM CLG 17122 5815 33.9% 1508 1337 2711 129S 1791 1364 1160 77C 1851 SWEET WTR UN. HIGH SCHL 17167 5838 34.0% 1522 1341 2715 1311 1794 1370 116E 77E 1852 TRI-CITY HLTHCARE DIST C 0 0.0% 0 0 0 0 0 0 0 C C VALLE DE ORO COMM PLAN 0 0 0.0% 0 0 0 0 0 C 0 0 0 VALLECITOS WTR DIV-2 C 0 0.0% 0 0 0 0 0 0 0 0 0 VALLEY CENTER COMM PLAN C 0 0.0% 0 0 0 0 0 0 0 0 0 VALLEY CNTR. MN WTR-2 DIV C 0 0.0% 0 0 0 0 0 0 C 0 0 VALLEY CNTR MN WTR-3 DIV C 0 0.0% 0 0 0 0 0 0 OCC VALLY CNT PAUMA UNI SCHL C 0 0.0% 0 0 0 0 0 0 0 C C VISTA FIRE PROT C 0 0.0% 0 0 0 0 0 C 0 C C VISTA IRR DIV-3 C 0 0.0% 0 C 0 C 0 0 0 0 0 VISTA UNIFIED. SCHL C 0 0.0% 0 0 0 0 0 0 0 0 0 VLLY CNTR PKS REC DIST C 0 0.0% 0 0 0 0 0 0 0 C C WARNER UNI SCHL C 0 0.0% 0 0 0 0 0 0 0 C C OFFICIAL CANVASS - SAN DIEGO CO. GENERAL ELECTION - 11/5/02 RUN DATE 11/27/02 11:30:00 PROP L - CITY OF NATIONAL CITY Page Number 1322.196.001 R E G I S. T E R E D V 0 T E R S T U R N 0 U T T U R N 0 U T P E R C E N T A G E . P A RD DV PI S 0 R LY . P 0- L I C E Y E e P O RV OE PR S I G LH T C 0 M M I S S I 0 N N n 515600 NATIONAL CITY 600 217 36.1% 148 45 415800 NATIONAL CITY • 1198 4164 34.77 251 97 515900 NATIONAL CITY 1033 301 29.1% 195, 60 16000 NATIONAL CITY 1028 393 38.2% 243 98 16200 NATIONAL CITY 704 270 38.3% 165 62 16500 NATIONAL CITY 847 317E 37.4% 176 114 516600 NATIONAL CITY 644 207 32.1% 139 45 16700 NATIONAL CITY 1277 390`30.5% 254 92 NATIONAL CITY 927 267 28.8% 163 - 69 116800 517200 NATIONAL CITY 805 244 30.3% 154 48 517400 NATIONAL CITY 925 343 37.0% 183 115 517500NATIONAL. CITY. 784 273 34.8% 156 87 NATIONAL CITY 997 353 35.4% 206 78 17800 NATIONAL CITY 1201 335 27.8% 207 87 517600 18100 NATIONAL CITY 1072 394 36.7% 222 136 18310 NATIONAL CITY 1260 412 32.6% 238 127 518600 NATIONAL CITY 790 232 29.3% 148 48 518800 NATIONAL CITY 856 279 32.5% 171 79 888578 REQUESTED AV 0 97 0.0% 50 26 8886446 REQUESTED AV 0 1745 0.0% 955 502 999578 DECLARED AV 0 0 0.0% 0 0 999579 DECLARED AV 75 30 40.0% 17 2 999580 DECLARED AV 45 23 51.1% 13 3 999646 DECLARED AV 99 45 45.4V 24 13 **** T O T A L S **** 17167 7583 44.1% 4478 2033 SUMMARY OFFICIAL CANVASS - SAN DIEGO CO. GENERAL ELECTION - 11/5/02 RUN DATE 11/27/02 11:30:00 PROP L - CITY OF NATIONAL CITY Page Number 1323.1096.00 R E G I S' T E R E D V 0 T E R S T U R N 0 U T T U R N 0 U T P E R C E N T A G E P A RD OV P I S 0 R L Y P 0 L I C E Y E C P O RV OE P R S I G L H T C 0 M M I S S I 0 N N n POLLING PLACE VOTE 1694E 5643 33.2% 3419 1487 ABSENTEE TOTALS 0 1842 0.0% 1005 528 NPP VOTE 219 98 44.7% 54 18 **T OTAL V 0 T E** 17167 7583 44.1% 4478 2033 ALL ABSENTEE VOTES ARE APPORTIONED INTO EACH OF THE DISTRICTS SHOWN 9TH CONGRESSIONAL 0 0 0.0% 0 0 SOTH CONGRESSIONAL C 0 0.0% O 0 1ST CONGRESSIONAL CONGRESSIONAL 17167 7583 44.17 447E 2033 52ND CONGRESSIONAL C C 0.0% C C 53RD CONGRESSIONAL C C 0.01. 0 0 36TH SENATORIAL C C 0.0% 0 C 38TH SENATORIAL 0 C 0.0% C C 39TH SENATORIAL 0 C 0.0% C C 40TH SENATORIAL 17167 7583 44.1% 4478 2033 ASSEMBLY 0 C 0.0% 0 0 736TH RD ASSEMBLY C C 0.0% C 0 74TH ASSEMBLY C 0 0.0% 0 0 75TH ASSEMBLY 0 C 0.0% 0 0 76TH ASSEMBLY C C 0.0% C 0 77TH ASSEMBLY 0 C 0.0% C C 78TH ASSEMBLY L C 0.0% C 0 79TH ASSEMBLY 17167 7583 44.17 447E 2033 1ST SUPERVISORIAL 17167 7583 44.1% 447E 2033 2ND SUPERVISORIAL C C 0.0% C C 3RD SUPERVISORIAL 0 C 0.0% C C 4TH SUPERVISORIAL 0 C 0.0% 0 0 5TH SUPERVISORIAL 0 0 0.0% C 0 CITY OF CARLSBAD 0 C 0.0% C C CITY OF CHULA VISTA 0 '..0 0.0% C 0 CITY OF CORONADO C C 0.0% C 0 CITY OF DEL MAR C '0 0.0% C 0 CITY OF. EL CAJON C 0 0.07 0 0 CITY OF ENCINITAS 0 0 0.0% 0 0 CITY OF ESCONDIDO 0 0 0.0% 0 C CITY OF IMPERIAL BEACH 0 C 0.0% 0 C CITY OF LA MESA 0 C 0.0% C 0 CITY OF LEMON GROVE 0 0 0.0% C - C CITY OF NATIONAL CITY 17167 7583 44.1% 447e 2033 CITY OF OCEANSIDE C C 0.0% C C CITY OF POWAY C C 0.0% - C C CITY. OF SAN DIEGO C C 0.0% C 0 SAN DIEGO - 1ST CC 0 C 0.07 0 0 SAN DIEGO - 2ND CC 0 C 0.0% C 0 SAN DIEGO - 3RD CC 0 C 0.0% r 0 SAN DIEGO - 4TH CC . 0 C 0.0% r 0 SAN DIEGO - 5TH CC C C 0.0% 1 0 SAN DIEGO - 6TH CC C 0 0.0% 8 0 SAN DIEGO - 7TH CC 0 0 0.0% I 0 SAN DIEGO - 8TH CC 0 0 0.0% 1 C CITY OF. SAN MARCOS ,. 0 0 0.0% I C CITY OF SANTEE 0 C 0.0% I C CITY OF SOLANA BEACH 0 C . 0.0% 1 0 CITY OF. VISTA 0 0 0.0% 8 0 .3NINCORPORATED AREAS 0 0 0.0% 1 0 ALPINE COMM-PLAN 0 0 0.0% 1 C ALPINE F:IRE,PRO.T C C 0.0% 1 0 ALPINE UNION SCHOOL C C 0.07 1 City of National City, California COUNCIL AGENDA STATEMENT 'EETING DATE December 3, 2002 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED- "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 2703 E. 24TH STREET (J. ARAIZA TSC ITEM NO. 2002-33) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mr. Jose Araiza, the owner of 2703 E. 24th Street, has requested the installation of two red curb no parking zones adjacent to the driveway serving his property. According to Mr. Araiza, parked vehicles from his neighborhood are encroaching into his driveway thereby not allowing ingress and egress from his property. The Traffic Safety Committee approved 3 feet of red curb on each side of his driveway at their meeting on November 13, 2002. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of November 13, 2002, approved the 3 foot red "No Parking" zones on both side of his driveway at 2703 E. 24th Street. ATTACHMENTS ( Listed Belo`)> 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2002-170 A-200 (9i99) 2002-33 RESOLUTION NO. 2002 - 170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 2703 EAST 24T" STREET (J. ARAIZA, TSC ITEM NO. 2002-33) WHEREAS, Jose Araiza, theowner of 2703 East 24' Street, has requested the installation of two red no parking zones adjacent to the driveway serving his property due to parked vehicles encroaching into his driveway and thereby not allowing ingress and egress from his property; and WHEREAS, at its meeting on November 13, 2002, the Traffic Safety Committee approved installation of two three-foot red no parking zones adjacent to the driveway at 2703 East 24t' Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two three-foot red no parking zones adjacent to the driveway at 2703 East 24Th Street. PASSED and ADOPTED this 3`d day of December, 2002. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick lnzunza, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 13, 2002 ITEM TITLE: \ 2 REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 2703 E. 24TH STREET (BY: J. ARAIZA) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Jose I.S. Araiza, located at 2703 E. 24th Street, has requested the installation of a red curb "No Parking" zone adjacent to his driveway. According to Mr. Araiza, parked vehicles from his neighborhood are encroaching into his driveway thereby not allowing ingress and egress to his parking lot. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red curb "No Parking" zone adjacent to his driveway at 2703 E. 24th Street. EXHIBITS: 1. Letter 2. Location Map 2002-33 / 0 ' /7'0 -1-05-c-? Ti\--___I-5a-(0 e/ Svyi J? e z 0 - v o . , t 1>2.1V0-4/4 ielti- ‘ /7 1411,e 4.C4P Ct. r'Ylt (2P 1--tiLe ,, -1-4-.-, ti.-t3.1-t.K ov wee / e---P 1°t -k-s ber-=-0 ek f)-1) 67 /e../4-) Gu rt Y-e-, 1-fite a e-A-- cf, kll y r ,.___, f, J-..,. ..L- _,- - ,/- ...,_1.174-v-D cleci i ___, nk.,e04/1 ii i- pc,c.i.e.,1-)v IVO leer) ottf, --E_ (- ol----2--1- --1- 0--vt d 1._- __ ca,,,,zr T7-1<-(2 1 z-ed .-hr(AC-k D cc f— 6 oc: e:- a.se fed y /e la 7._ e d L.Soo,e3 ‘D,"76 kick)L7'6 L Ct) - G1TY r.,.NEERING DEPT. RECEIVED rJ z ociftrIoN I , ! 1. I III ! 1 , I ! 1 I I ! . ! 1 r ! 1 I ! , ! I 1 ! LF City of National City, California COUNCIL AGENDA STATEMENT OEETING DATE December 3, 2002 4 AGENDA ITEM NO. /ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 1629 E. 11TH STREET (J. HIDALGO, TSC ITEM NO. 2002-34) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mr. J. M. Hidalgo, the owner of 1629 E. 11th Street, has requested the installation of two red curb no parking zones adjacent to the driveway serving his property. According to Mr. Hidalgo, parked vehicles from the apartments are encroaching into his driveway thereby not allowing ingress and egress from his property. The Traffic` Safety Committee approved 3 feet of red curb on each side of his driveway at their meeting on November 13, 2002. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resoluti Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of November 13, 2002, approved the 3 foot red "No Parking" zones on both side of his driveway at 1629 E. 11th Street. ATTACHMENTS I Listd Below 1 oesolu ion No `2002-171 1. Resolution 2. Staff Report to he Traffic Safety Committee A-200 (9.99) 2002-34 RESOLUTION NO. 2002 — 171 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 1629 EAST 11Th STREET (J. HIDALGO, TSC ITEM NO. 2002-34) WHEREAS, J.M. Hidalgo, Sr., the owner of 1629 East 11 th Street, has requested the installation of two red no parking zones adjacent to the driveway serving his property due to parked vehicles encroaching into his driveway and thereby not allowing ingress and egress from his property; and WHEREAS, at its meeting on November 13, 2002, the Traffic Safety Committee approved installation of two three-foot red no parking zones adjacent to the driveway at 1629 East 11th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two three-foot red no parking zones adjacent to the driveway at 1629 East 11 th Street. PASSED and ADOPTED this 3rd day of December, 2002. Nick lnzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: ar George H. Eiser, Ill City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEM:BER 13, 2G02 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE 'DRIVEWAY AT 1629 E. 11th STREET (BY ; J. HIDALGO) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. J.M. Hidalgo, the owner of the property. at 1629 E. 11th Street, has requested the installationof a red curb "No Puking" zone adjacent to his driveway. According to Mr. Hidalgo, parked vehicles from the apartments are encroaching into his driveway thereby not allowing ingress and egress to his property. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red curb "No Parking" zone adjacent to his driveway at 1629 E. 11th Street. EXHIBITS: 1. Letter 2. Location Map 2002-34 Oct 21, 2002 From: J. M. Hidalgo Sr. 1629 E 1 Ph St. National City, CA 92050 To: National City Public Safety Committee Subj.: NO PARKING ZONE IN FRONT OF RESIDENCE AT 1629 E 11TH ST. Due to safety reasons I am requesting that the curbs approximately three to four feet on both sides of my driveway be painted red. Not having a no parking zone on both sides of my driveway has proven to be a safety hazard. This has been a safety hazard in that residences from the neighboring apartments have often parked their cars in front of my residence. When doing this many times these parked cars have extended into my driveway. On several occasions when coming in or out of my driveway myself or friends of mine have almost hit the cars or had to stop abruptly to keep from hitting persons, children that were playing around the cars. Since it is my sincere desire to avoid an obvious avoidable accident I am requesting that three to four feet on both sides of may driveway be made a no parking zone. I am confident in the interest of safety the Safety Committee will also agree that this is the best solution to prevent a potential accident. If you have any further questions I can be reached at (619) 477- 5858. ',;•1 1.• ro ( , P t firt, I I I _J n PLAZA 13-th 11th STREE I 1 City of National City, California COUNCIL AGENDA STATEMENT CEETING DATE December 3, 2002 5 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED\ "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 1428 McKINLEY AVENUE (DRIVEWAY IS ON THE CLEVELAND AVENUE FRONTAGE) (K. STEIN, TSC ITEM NO. 2002-35) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mr. Ken Stein, of Pacific Defense Systems located at 1428 McKinley Avenue, has requested the installation of two red curb no parking zones adjacent to the driveway on Cleveland Avenue which is serving their property. According to Mr. Stein, parked vehicles are obstructing the view of oncoming traffic when leaving the job site. The Traffic Safety Committee approved 3 feet of red curb on the north side and ten feet on the south side of their Cleveland Avenue driveway at the meeting on November 13, 2002. Environmental Review X N/A Financial Statement STAFF RECOMMENDAT Adopt the Resol N/A Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of November 13, 2002, approved the 3 foot red "No Parking" zones on the north side and ten feet on the south side of their driveway on Cleveland Avenue. ATTACHMENTS ( Listed Below) Resolution No. 2002-172 1. Resolution 2. Staff Report to the Traffic Safety Committee A-200 (9:99) 2002-35 RESOLUTION NO. 2002 - 172 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY ON THE CLEVELAND AVENUE FRONTAGE OF 1428 MCKINLEY AVENUE (K. STEIN, TSC ITEM NO. 2002-35) WHEREAS, Ken Stein, of Pacific Defense System, located at 1428 McKinley Avenue, has requested the installation of two red no parking zones adjacent to the driveway on the Cleveland Avenue frontage serving the property due to parked vehicles obstructing the view of oncoming traffic when leaving the job site; and WHEREAS, at its meeting on November 13, 2002, the Traffic Safety Committee approved installation of two three-foot red no parking zones adjacent to the driveway on the Cleveland Avenue frontage of 1428 McKinley Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two three-foot red no parking zones adjacent to the driveway on the Cleveland Avenue frontage of 1428 McKinley Avenue. PASSED and ADOPTED this 3" day of December, 2002. ATTEST: Michael R. ©alla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick Inzunza, Mayor T NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 13, 2002 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1428''MCKINLEY AVENUE (BY: KEN STEIN) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Ken Stein, of Pacific Defense Systems located at 1428 McKinley Avenue, has requested the installation of a red curb "no parking" zone at their driveway on Cleveland Avenue. ` According to Mr. Stein, vehicles are parking there from the neighborhood businesses and obstructing the view for vehicles that are leaving the jobse onto Cleveland Avenue. The posted speed limit is 35 m.p.h. According to the posted speed and reaction time (see attached chart), the required length of red curb should be ten feet on the south side of their driveway on Cleveland Avenue. A standard three foot red curb driveway standoff will be adequate for the north side. STAFF RECOMMENDATION: Staff recommends the installation of a ten foot red curb "No Parking" zone on the south side of the driveway on Cleveland Avenue and three feet on the north side. (see location map). EXHIBITS: 1. Letter 2. Location Map 2. Chart 2002-35 rI PACIFIC DEFENSE SYSTEMS 1428 McKinley Avenue National City, CA 91950-4217 Phone (619) 474-8122 Fax (619) 477-3669 Mailing address: P.O. Box 448, National City, CA91851-0448 OCTOBER.15 2002 Traffic Safety Committee 1243 National City Blvd National City Ca 91950 Attn: P.W.0 Dept Subject: Installing No Parking Red Curbs Gentlemen N' !1A-V:1 till EIFITCFRIN9 DEPT. RECEIVED Oat t I4, -- Pacific Defense Systems Inc ,Located At 1428 Mckinley Ave National City Have Two Existing Drive Ways , One. On Mckinley Avenue And One On Cleveland Avenue. The DrivQ Way.9.191.ek.iglaricLAvenue Is Hard To Exit Because You Can Not See Either Direction When Vehicles Are Parked On The Street. Employees Driving Company Vehicles Have Had Close Calls When They Exit Company Property And At Times We Have As Many As 15 Employees. In Company Vans Going To Different Work Locations. Pacific Defense Systems Inc Would Like To Request Having Both Curbs At The Exit Drive Way Onto Cleaveland Avenue Be Painted Red So Vehicles .Leaving Through This Exit Have A Better And Safer View Of Traffic. We Would Appreciate Your Cooperation In This Matter Sincerely , /� Ken Stein Quality Assurance/Safety Manager Western Service Center, Warren Pumps, Inc. Authorized Service Representative, Lake Shore, Inc. Carver Pump Co., West Coast Representative • Deceleration Rate• d = 12.0 feet per second2 Reaction Time r = 1.00 second,. Deceleration Distance = V2 dt2 or -1/2 Vt or ,V2 2d Deceleration Time = Detector Setback = Deceleration Distance + Reaction Distance V2 ,„ = v r V = Speed (feet per second) d = Deceleration Rate (teet per second2) t = Deceleration Time (seconds) SPEED SPEED DEC. TIME DEC. DIST. TOTAL TIME Mile Per Hour Feet per Sec. 25 36.7 30 44.0 35 51.3 Second Feet Second 3.06 56.1 4.06 3.6'7 80.7 4.67 4.28 109.6 5.28 40 58.7 4.89 143.6 5.89 45 • 66.0 5.50 181.5 6.50 TOTAL DIST.. Feet 50 733 6.10 2239 7.10 55 80.7 6.72 271.4 7.72 60 88.0 7.33 322.7 8.33 92.8 124.7 160.9 202.3 247.5 2972 352.1 410.7 USE Feet 90 125 .• 160 ' 200 250 300 350 410 QEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 3, 2002 AGENDA ITEM NO. 6 (-ITEM TITLE ` A RESOLUTION AUTHORIZING CITY COUNCIL TO. DECLARE AN EMERGENCY FOR THE REPAIR AND RESTORATION OF A RESIDENTIAL PROPERTY BY A SEWAGE OVERFLOW PREPARED BY DEPARTMENT Joe Smith Public Works EXPLANATION On August 12, 2002, a residential property located at 1132 20th Street was damaged by a sewer overflow causing the home to be uninhabitable. The overflow was caused by debris in the system creating a blockage in the City's mainline sewer pipe. The property required water removal, disinfecting affected areas, removal and replacement of flooring, replacement of drywall, replacement of a bathroom shower stall and other miscellaneous repair and painting. It was also necessary to relocate the residents to a hotel while the repairs were being done. The restoration is not yet completed, but the estimated cost is approximately $50,000. In order to pay the above costs, it is necessary for the City Council to approve a Resolution declaring this an emergency in accordance with Section 13 of Ordinance No. 1480 of the City of National City Municipal Code. Environmental Review N/A Financial Statement Funds are available in the following a Provision for Contingency and 125- reimbursed to the sewer funds throw. STAFF RECOMMENDATION Approved By: ts, 125-422-222-710, EjawRitMliut 22-299, trac Services. Once paid, these fundc6n be anag mint. Account No. Approve the Resolution for dec a % ion of an en%kgerfcy for the repair and restoration of the residential property damaged by the sewage overflow. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Memo dated August 12, 2002, to Director of Public Works/Engineering 3. Memo dated August 15, 2002 to Risk Manager Resolution No. 2002-173 A-200 (9r99) RESOLUTION NO. 2002 - 173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY COUNCIL TO DECLARE AN EMERGENCY FOR THE REPAIR AND RESTORATION OF A RESIDENTIAL PROPERTY DAMAGED BY A SEWAGE OVERFLOW WHEREAS, on August 12, 2002, a residential property located at 1123 20Th Street was damaged by a sewer overflow, causing it to be uninhabitable; and WHEREAS, the property required water removal, disinfecting of affected areas, removal and replacement of flooring, replacement of dry wall, replacement of a bathroom shower stall, and other miscellaneous repairs and painting; and WHEREAS, the restoration, repair and relocation costs are not yet completed, but the estimated cost is approximately $50,000.00; and WHEREAS, Section 2.60.230 of the National City Municipal Code provides that in case of an emergency that requires immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Purchasing Agent to secure in the open market at the lowest obtainable .price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure, provided, however, that any such expenditure in excess of Fifteen Thousand Dollars must be authorized by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds that due to the existence of the emergency situation described hereinabove, the public interest and necessity demands the expenditure of public money for the restoration and repairs for the residential property and the temporary relocation of the residents located at1123 20"' Street. PASSED and ADOPTED this 3rd day of December, 2002. ATTEST: Michael R. Dalla, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City Department of Puigic= IIorks 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 3336-4380 Fax (619) 336-4397 August 12, 2002 To: Burt Myers City Engineer/Public Works Director From: Joe Smith Wastewater Supervisor Subject: Sewer Overflow1132 20th Street, National City Today, at approximately 8:30AM I received a call from Public Works base about a possible overflow at the above address. I dispatched Jose Maldonado to investigate. Mr. Maldonado and the flushing crew arrived on site within 10 minutes and found a blockage in the city's main sewer line that services this address. The flushing crew immediately cleared the affectedline, removing rags and debits, that had been placed in the line from an unknown source. The property was inspected for damage and pictures were taken_ I then questioned the flushing crew about maintenance on this line and was told that allthe'sewer mains in this area had just been clean two weeks ago. Fortunately, this was a small spill and only contaminated the kitchen, bathroom and hallway linoleum floors. The rest of the house was not affected so the home was inhabitable and there was no need to move the owner to temporary accommodations. J&M Keystone Inc. was called to extracted the water from the home and to clean a small area outside of the house. The work was completed by 12-noon that day. The tecbnitian, mentioned to the property owner that some drywall may have been contaminated by the water and could need to be replaced. None of these repairs have been authorized at this time only the water extraction. J&M will be sending an estimator to the home to determine the amount of damage and then forward an estimate to me. The homeowner mentioned that some clothing was on the floor and may have been contaminated. He was informed to make a list of the items, take picture of the items to file a claim for the items with the city clerk. A clam form was pervaded to the owner. Joe Smith .e er Supervisor Cc: Kassia Kossyta Contractors: J&M Keystone INC. (619) 466-9876 Property Owner: Simon Torres (619) 477-6514 J. ,,\ City of National City August 15, 2002 Department of -Public forks 1243 National City Blvd, National City, Ca 91950 (619) 3364550 (619) 336-4380 ; Fax (619) 336 4397 TO: Kassia Kossyta Risk Manager FROM: Joe Smith Wastewater Supervisor Subject: Simon Torres 1132 20th Street, National City Per our telephone conversation on. August 14, 2002 I am fonvardurg you this update regarding the overflow at the above address. As stated in my original report to Burt Myers on August 12, 2002, (see attached) it was first thought that the sewer overflow was miner and the needed repairs would be minimal. The extraction technician from J&M Keystone verbally gave this information to me, on site after the initial cleanup had been completed. He stated that the kitchen floor, bedroom floor, hallway floor and a small area in the back yard had been contaminated with water. He also mentioned that a small amount of drywall, in the same areas would need to be replaced. At that time I requested a full scope of the needed repairs from J&NI. They sent out an estimator the next day to provide me with the requested quote. I have received the quote for the recommended repairs and have attached a copy. Their estimate is just under $30,000. The amount of recommended repairs is much higher then I was lead to believe by the first tech. I believe it would be in our best interest to having a second estimator give us a second quote. I am hoping you may have someone we could use. Please let me know. Joe Smith Wastewater Supervisor City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 3, 2002 7 AGENDA ITEM NO. (-ITEM RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING AND' AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER NUMBER ONE FOR THE CIVIC CENTER AND POLICE FACILITY SECURITY AND FIRE SYSTEM ENHANCEMENTS PROJECT PREPARED BY Michael Long DEPARTMENT Public Works/Engineering EXPLANATION Change Order Number One is written to provide compensation to the contractor for the purchase and installation of three automated ADA access hardware systems. Two at the main lobby entrance doors and one at the finance lobby entrance doors. The ADA requires that each building access door that is an element of an accessible route shall be handicap accessible. Proposed parking and sidewalk improvements at the Civic Center will make the front lobby area an accessible route and the finance lobby area is currently an accessible route. Given the need for operational compatibility with the access control system currently being installed, the Public Works department is recommending that the City take the necessary steps to provide current and future handicapped access needs. Change Order Number One will increase the construction bid priceof $229,300.00 by $21,620.00 to an adjusted contract amount of $250,920.00. Environmental Review X N/A Financial statement The adjusted contract total of $2504:961fid a is within the amouont budgeted for is project in account numbers 1-9 -4(Y 500-5-98-8011, 630-409-500-5•. :,01 , 62 409-500-598-8032, and 189-409-500-598-8032.�n u /A A No. oiriirifir l, I / aunt STAFF RECOMMENDATI Adopt the Resolution approving and authoriz g the Mayor to sign Change Order No. One BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Change Order No. 1 A-200 (9;99) Resolution No. 2002-174 security RESOLUTION NO. 2002 — 174 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE FOR THE CIVIC CENTER AND POLICE FACILITY SECURITY AND FIRE SYSTEM ENHANCEMENT PROJECT (Engineering Spec. No. 02-6) WHEREAS, on August 6, 2002, the City Council passed Resolution No. 2002-111, approving a contract between the City and Assi Security, Inc. for the Civic Center and Police Facility Security and Fire System Enhancement Project, Specification No. 02-6; and WHEREAS, Change Order No.. One has been purposed to provide for the purchase and installation of three (3) automated ADA access hardware systems for the Project; and WHEREAS, Change Order No. One would increase the contract amount from $229,300 to $250,920, a difference of $21,620. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to approve Change Order No. 1 for the Civic Center and Police Facility Security and Fire System Enhancement Project, Engineering Spec. No. 02-6. PASSED and ADOPTED this 3rd day of December, 2002. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: SFinrw. me George H. Eiser, Ill City Attorney 2:1/19/2002 16:51 19499551944 ASSISECURITY PAGE 02/03' CONTRACT CHANGE ORDER NO. I 'ORIGINAL DATE: 12103/02 PROJECT: Civic Center and Police Facility Security and Fire System Enhancements, Specification No. 02-6 TO: Mr. William Vuono, President ASSI Security, Inc. 18001 Cowan, Suite A Irvine, CA 92614 DESCRIPTION OF CHANGE: This change order is written to add wotlr item number 8 (shown below) to the contract. Adjusted No Item Unit Btu Qty Unrt Pnce Contract Amount ,. - Contract ,. Amount, 1. Mobilization ` L1 $2,000.00 $2,000.00. $ ,. 2. Install Security Access Control System LS 1 $92,000.00 592, . 00 $92,00.00 3, Ins*all Digital Video Recording System LS 1 $18,000.0 J $18,000.00 S18 000.00 S22,000.00 $22,000 00 4. Install Electrified/Finish Door Hardware LS 1 S22,000.00 5_ ' Install Head -End LS 1 $9,000.00 $9,000.00 $9,000.00 6. Install Fire Alarm System LS 1 $85,0€ 0.00 SIK000.00 S85,000.00 $1,300.00 $21,620.08 e7411_920.00 7. 8. Project Close -Out (Traininj and Manuals) Automated ADA Access Hardware (3 existing doors) LS LS 1 1 S1,300.00 $21,6`26.Ot1 $1,300.00 N/A c„o xr n nn Total • DISCUSSION: Line Item No. 8 is added to the contract at the City's request to provide compensation to the contractor for famishing and installing three complete ADA Facility Entrance Systems similar to the ADA entrance system on the second floor of the Civic Center from the National Cit.t Boulevard pedestrian bridge. The new ADA systems will be installed on each of the existing first floor lobby main doors and on the main entrance doors to finance on the basement level. The three systems will include electrified swing hardware with power supply, entrance and exit touch plates, programmable timers, magnetic locks and all labor and materials required to install the hardware and incorporate the systems into the Security Access Control System. Due to current ADA parking and access from the basement level and buulciing access changes on the first floor level the additional ADA pushbutton access systems were determined to be a necessary portion of the current access control system installation. - Page 1 11/1W Atit12 lb: bl l'34bW.944 CONTRACT CHANGE ORDER NO. 1 CONTRACT ADJUSTMENT: As a result of this •change order the contract price is adjuswd as follows: 1- The contract price is increased in the amount of 521,620.00 from the current contract price of 5229,300.00 to a new contract price of S250,920.00_ 2. The contract time is increased by five (5) working days. The contract completion datewas previously established as MontinY, dayearY 13, 2003. The new contract completion date is therefore established as Monday, January 20, 2003. ASSISECURITY PAGE 03,1-03 This change order shall be considered full compensaticafprfutaishMg,N4 ingaing the materials labor, tools and equipment, profit, overhead andel), incidentals for pedonning the workdescribed above. ASSI Security, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Constru ction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL, BY: MichU. L�nAiatejiIEngiieer Date APPROVED BY: t //) nkiroo- Mr. Vuono, President Date ASSI Security, Inc. Mr. Michael Willey, Vite Presi ASSI Security, Inc. L Date Nick Inzunm, Mayor Date Page 2 City of National City, California COUNCIL AGENDA STATEMENT ETING DATE December 3, 2002 8 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION FOR NEW BATTERY BACKUP SYSTEMS FOR EXISTING TRAFFIC SIGNALS USING LIGHT EMITTING DIODES (LED) PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering EXPLANATION SEE ATTACHED EXPLANATION Environmental Review J Financial State $17,500 is avai >STAFF RECOMMENDATION Adopt the Resolution. Approved By: de• in Account No. 109-409-500-598-6559:aOceDirecmr The $12,250 will e reimburseable to this account after the grant is receive Account No. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below )_ 1. Resolution 2. Six Original Copies of the Agreement Resolution No. 2002-175 A-200 (9.99) Explanation: On June 17, 2002, the City Of National City requested grants from California Energy Commission to install battery backup systems (BBS) for the City's traffic signal lights. The BBS will be activated when there is a power failure and it will maintain the red traffic signal light emitting diodes (LEDs) in a flashing mode. We are considering this a test program, the proposed BBS system will be installed at the following five major intersections: 1. National City Boulevard and 8th Street. 2. National City Boulevard and 24th street 3. National City Boulevard and 30th Street 4. Highland Avenue and 8th Street 5. Highland Avenue and 30th Street The California Energy Commission has awarded the City's proposed BBS program and the grant has been awarded to the City. The grant will pay for the material cost of the BBS and cabinet. The grant will not include the labor cost associated with installing the BBS. The City will be responsible for the labor cost associated with the installation. The estimated projeCT cost is at $17,500.00. The approved amount of the grant is $12,250.00, with a match share at $5,250.00. RESOLUTION NO. 2002 - 175 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION FOR NEW BATTERY BACKUP SYSTEMS FOR EXISTING TRAFFIC SIGNALS USING LIGHT EMITTING DIODES (LED) WHEREAS, on June 17, 2002, the City requested a grant from the California Energy Commission for Battery Backup Systems (BBS) for traffic signal lights at five (5) of the City's major intersections; and WHEREAS, during a power failure the BBS will be activated and will maintain the red traffic signal light emitting diodes (LEDs) in a flashing mode NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Grant Agreement from the California Energy Commission for new Battery Backup Systems for existing traffic signals using light emitting diodes (LEDs). Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of December, 2002. ATTEST: Michael R. Datla, City Clerk APPROVED AS TO FORM: r�Le: MI George H. Eiser, Ill City Attorney Nick Inzunza, Mayor T fl ' STATE OF CALIFORNIA CALIFORNIA ENERGY COMMISSION GRANT AGREEMENT DEC 146 (Rev. 7/91I S s agreement is official notification of a grant award from the California Energy Commission. The attachments listed below are di, e rporated as part of this grant agreement. RECIPIENT City of National City GRANT NUMBER BBS-02K-065 ADDRESS 1243 National City Blvd., National City, CA 91950 TERM 8/14/02 — 8/31 /03 CEO PROJECT MANAGER California Energy Commission, David Rubens PHONE (916) 651-9857 ADDRESS 1516 9th St.-MS-26, Sacramento, CA 95814 PROJECT DESCRIPTION This project involves the installation of New Battery Backup Systems (BBS) for traffic signals using light emitting diodes (LED). CEC: $ 12,250.00 PROGRAM BackupSystems for Traffic Control Battery y FUND TITLE Renewable Energy Loan Loss Reserve Fund ENCUMBERED 12,250.00 ITEM 3360-601-8100 CHAPTER 6XX STATUTE 01 FISCAL YEAR 02/03 MATCH SHARE $ 5,250.00 PURPOSE OF EXPENDITURE Matching Grant Program to Provide Battery Backup for Traffic Control Signal TOTAL $ 17,500.00 OPTIONAL USE 4400-702-44011 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose stated above. SIGNA OF ACCOUNTING OFF The undersigned pa . e read the attac 'f-. is to this agreement and will comply with the standards and requirements contained therein. DATE I CALIFORNIA ENERGY COMMISSION RECIPIENT SIGNATURE OF DEPUTY DIVISION CHIEF DATE AUTHORIZED SIGNATURE DATE NAME John P. Butler, II PHONE 654-4204 NAME PHONE ATTACHMENTS TITLE 1. Terms and Conditions 2. Work Statement Budget Resolution 5. Special Conditions GRANT NOT SUBJECT TO DGS APPROVAL PER ATTORNEY GENERAL OPINIONS GL-38 T TERMS AND CONDITIONS FOR BATTERY BACKUP SYSTEM GRANTS AWARD # BBS - 02K - 065 TERMS AND CONDITIONS TABLE OF CONTENTS SECTION PAGE NO. 1. Grant Agreement 1 2. Attachments and'References 1 3. Funding Limitations 2 4. Due Diligence 2 5. Products 2 6. Reports 2 7. Legal Statement on Reports and Products 4 8. Amendments 4 9. Contracting and Procurement Procedures 4 10. Bonding and Insurance 5 11. Permits and Clearances 6 12. Equipment 6 13. Termination 6 14. Travel and Per Diem .......... 6 15. License .................. 7 16. Standard of Performance :.. 8 17. Payment of Funds. 8 18. Fiscal Accounting Requirements .......:. ......... ......... .....:.......................10 19. Indemnification 11 20. Disputes 11 21. Workers' Compensation Insurance 13 22. General Provisions 13 23. Certifications & Compliance 15 AWARD # BBS 02K - 065 TERMS AND CONDITIONS 1. Grant Agreement This project is being funded with a grant from the California Energy Commission (Commission). Funding for this project was authorized by Senate Bill No. 84XX, Chapter 6, Statutes of 2001, and consists of funds from the Renewable Energy Loan Loss Reserve Fund. This Agreement is comprised of the grant.funding award, the Terms and Conditions, and all attachments. These Terms and Conditions are standard requirements for grant awards. The Commissionmay impose additional special conditions in this grant Agreement which address the unique circumstances of this project. Special conditions that conflict with these standard provisions take precedence. The Recipient shall sign all six copies of this Agreement and return five signed packages to the Commission's Grants and Loans Office within 30 days. Failure to meet this requirement may result in the forfeiture of this award. When all required signatures are obtained, an executed copy will be returned to the Recipient. Commission -funded work cannot begin prior to the Agreement term date. This Agreement is not effective until it is signed by all parties. 2. Attachments and References The following are attached and hereby expressly incorporated into this Agreement. • Work Statement. • Budget. • Resolution of the Recipient or Local Jurisdiction Governing Body (if applicable). • Resolution of the California Energy Commission (if applicable). • Special Conditions The Office of Management and Budget (OMB) Circular identified below is incorporated by reference as part of this Agreement. These Terms and Conditions and any Special Conditions take precedence over the circulars and/or regulations. The OMB Circular is used to help guide the administration of the award when questions arise during the course of performance of the award. The Commission reserves the right to use as much or as little of each circular or regulation it deems necessary to administer the award in good faith and consistent with prudent fiscal management of public funds. OMB Circulars may be accessed on the OMB web site at www.whitehouse.gov/omb/circulars/index.html or by calling the Office of Administration, Publications Office, at (202) 395-7332. OMB Circular A-87: Cost Principles for State, Local and Tribal Governments. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 1 08/22/02 AWARD # BBS - 02K - 065 3. Funding Limitations Any federal, state, and local laws and regulations applicable to your project not expressly listed in this Agreement are incorporated herein as part of this Agreement. 4. Due Diligence The Recipient is required to take timely actions which, taken collectively, move this project to completion. The Commission Project Manager will periodically evaluate the schedule for completion of Work Statement tasks. If the Commission Project Manager determines (1) the Recipient is not being diligent in completing the tasks an the Work Statement or (2) the time remaining in the funding award is insufficient to complete all project work tasks not later than the Agreement term date, the Project Manager may recommend to the Policy Committee of the Commission (Committee) that this Agreement be terminated, and the Committee may, without prejudice to any of its remedies, terminate this Agreement. Products Products are defined as any tangible item specified in the Work Statement. Unless otherwise directed, draft copies of all products identified in the Work Statement shall be submitted to the Commission Project Manager for review and comment. The Recipient will submit an original and two copies of the final version of all products to the Commission Project Manager. 6. Reports a. Progress Reports The Recipient shall submit, progress reports to the Commission Project Manager as indicated in the Special Conditions or Work Statement. At a minimum, each progress report shall include the following: Work Statement: This section should include a brief restatement of the approved tasks in the Work Statement and a report on the status of each. Included should be a discussion of any products due and whether or not the project is progressing according to schedule: This section also should include a discussion of any problems encountered, proposed changes to the tasks hi. the Work Statement, and anticipated accomplishments in the upcoming quarter. Financial Status: This section should include a narrative report comparing costs to date with the approved Budget. The report should state whether or not the project is progressing within the approved Budget and discuss any proposed changes. Additional Information: Additional information required in the progress reports may be specified in the Work Statement or Special Conditions. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 2 08/22/02 AWARD # BBS - 02K - 065 b. Final Reports A draft final report shall be submitted to the Commission Project Manager no later than 60 days prior to the end of the Agreement term. At a minimum, the report shall include: Table of Contents. • Abstract. • A brief summary of the objectives of the project and how these objectives were accomplished. • Any findings, conclusions, or recommendations for follow-up or ongoing activities that might result from the successful completion of the project. • A statement of future intent of the grant Recipient to maintain or further develop the project. • A Payment Request form for the final payment (including any retention). • Any additional information specified in the Work Statement or Special Conditions. The Commission Project Manager will review the draft report. The Recipient will incorporate applicable comments and submit the final report (the original and two copies) to the Commission Project Manager. Upon receipt of the final report, the Commission Project Manager shall ensure that all work has been satisfactorily completed. c. Rights in Reports The Commission reserves the right to use and reproduce all reports and data produced and delivered pursuant to this Agreement, and reserves the right to authorize, others to use or reproduce such materials. Each report becomes the property of the Commission. Failure to Comply with Reporting Requirements Failure to comply with the reporting requirements contained in this award will be considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments, suspension or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 3 08/22/02 AWARD # BBS - 02K - 065 financial assistance awards, may also result in a debarment action to preclude future awards, 7. Legal Statement on Reports and Products No product or report produced as a result of work funded by this program shall be represented to be endorsed by the Commission, and all such products or reports shall include the following statement: LEGAL NOTICE This document was prepared as a result of work sponsored by the California Energy Commission. It does not necessarily represent the views of the Energy Commission, its employees, or the State of California. The Commission, the State ofCalifornia, its employees, contractors, and subcontractors make no.warranty, express or implied, and assume no legal liability for the information in this document; nor does any party represent that the use of this information will not infringe upon privately owned rights. 8. Amendments Changes to the Work Statement, changes to specific line items in the budget, or both, may be made under certain conditions. Such changes must not alter, the original scope or purpose of the project or program as proposed in the grant application. Such changes must not appreciably affect the value of the project or program. Work Statement changes and/or cumulative transfers among budget line items that exceed 10 percent of the grant award require advance written approval of the Commission Project Manager and Grants and Loans Office. All requests must be submitted directly to the Commission Project Manager in writing and include a description of the proposed change, revised attachment(s), and the reasons for the change. If the change is approved, the affected sections of the Agreement will be amended and signed by the Commission Project Manager, Grants and Loans Office, and the Recipient's authorized representative. 9. Contracting and Procurement Procedures This section provides general requirements for an agreement between the Recipient and a third party ("subcontractor"). The Recipient is required, where feasible, to employ contracting and procurement practices that promote open competition for all goods and services needed to complete this project. Recipient shall obtain price quotes from an adequate number of sources for all subcontracts. Subcontracting criteria are specified in, the applicable OMB Circulars and/or federal regulations incorporated by reference in this Agreement. The Conunission will defer to the Recipient's own regulations and procedures as long as they reflect applicable state and local laws and regulations and are not in conflict with the minimum standards specified in this Agreement and any OMB Circulars and/or federal regulations incorporated by reference in this Agreement. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 4 08/22/02 AWARD # BBS - 02K - 065 Upon request, the Recipient must submit to the Commission Project Manager a copy of all solicitations for services or products required to carry out the terms of this Agreement, copies of the proposals or bids received, and copies of subcontracts executed. If a specific subcontractor was identified in the original grant application and the grant was evaluated based in part on this subcontractor's qualifications, then prior written approval from the Commission Project Manager is required before substituting a new subcontractor. The Recipient is responsible for handling all contractual and administrative issues arising out of or related to any subcontracts it enters into under this Agreement. All subcontracts must incorporate all of the following: • A clear and accurate description of the material, products, or services to be procured as well as a detailed budget and timeline. • Provisions which allow for administrative, contractual, or legal remedies in instances where subcontractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. • Provisions for termination by the Recipient including termination procedures and the basis for settlement. • Language conforming to the "Nondiscrimination" provision in this Agreement. • Any additional requirements specified in the OMB Circulars incorporated by reference in this Agreement. • The Standard of Performance provisions specified in this Agreement. • Audit provisions regarding record retention specified in this Agreement. • Language conforming to the "Indemnification" provision in this Agreement. • Language conforming to the "License" provision in this Agreement. Failure to comply with the above requirements may result in the termination of this Agreement /O. Bonding and Insurance The Recipient will follow its own bonding and insurance requirements relating to bid guarantees, performance bonds, and payment bonds without regard to the dollar value of the subcontract(s) as long as they reflect applicable state and local laws and regulations and are not in conflict with the minimum standards specified in the OMB Circulars incorporated by reference in this Agreement. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 5 08/22/02 AWARD # BBS - 02K - 065 11. Permits and Clearances The Recipient is responsible for ensuring all necessary permits and environmental documents are prepared and clearances are obtained from the appropriate agencies. 12. Equipment Title to equipment acquired by the. Recipient with grant funds shall vest in the Recipient. The Recipient shall use the equipment in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by grant funds and shall not encumber the property without Commission Project Manager approval. When no longer needed for the original project or program, the Recipient shall contact the Commission Project Manager for disposition instructions. Recipient should refer to the OMB Circulars and/or federal regulations incorporated by reference in this Agreement. 13. Termination This project may be terminated for any reason set forth below. a. With Cause In the event of any breach by the Recipient of the conditions set forth in this Agreement, the Commission Policy Committee may, without prejudice to any of its legal remedies, terminate this Agreement for cause upon five (5) days written notice to the Recipient. b. Without Cause The Commission Policy Committee may, at its option, terminate this Agreement without cause in whole or in parr, upon giving thirty (30) days advance notice in writing to the Recipient by certified mail, return receipt requested. In such event, the Recipient agrees to use all reasonable efforts to mitigate the Recipient's expenses and obligations hereunder. Also in such event, the Commission shall pay the Recipient for all satisfactory services work performed and expenses incurred within 30 days after such notice of termination which could not by reasonable efforts of the Recipient have been avoided, but not in excess of the maximum payable under this Agreement. 14. Travel and Per Diem For purposes of payment, Recipient's headquarters shall be considered the locationof the Recipient's office where the employees assigned responsibilities for this award are permanently assigned. Travel expenditures not listed in this section cannot be reimbursed. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 6 08/22/02 AWARD #BBS - 02K - 065 Travel not listed in the Budget section of this Agreement shall require prior written authorization from the Commission Project Manager. Recipient shall be reimbursed for authorized travel and per diem up to, but not to exceed, the rates allowed nonrepresented state employees. A copy of the current allowable reimbursement rates can be obtained by contacting the Commission's Grants and Loans Office at (916) 654-4381. Travel expense claims must detail expenses using the allowable rates, and Recipient must sign and date the travel expense claim before submitting the travel expense claim to the Commission for payment. Expenses must be listed by trip including dates and times of departure and return. Travel expense claims and supporting receipts and expense documentation shall be attached to the Recipient's Payment Request. A vehicle license number is required when claiming mileage, parking, or toll charges. Questions regarding allowable travel expenses or per diem should be addressed to the Commission Project Manager. 15. License The Commission shall be granted a no -cost, nonexclusive, nontransferable, irrevocable worldwide license to use or have practiced for or on behalf of the State of California inventions' developed hereunder and patents or patent applications derived from such inventions. Recipient must obtain agreements to effectuate this clause with all persons or entities obtaining ownership interest in the patented subject inventions. The Commission makes no claim to intellectual property that existed prior to this Agreement and was developed without Commission funding. If applicable, the Recipient gives notice that the items listed in the Intellectual Property attachment or exhibit have been developed without Commission funding and prior to the start of this Agreement. This list represents a brief description of the prior developed intellectual property. A detailed description of the intellectual property, as it exists on the effective date, of this Agreement, may be necessary if Commission funds are used to further develop the listed intellectual property. This information will assist the parties to make an informed decision regarding intellectual property rights. The Commission shall be granted the no -cost use of the technical data first produced or specifically used in the performance of this Agreement. The Commission shall be granted a royalty -free nonexclusive, irrevocable,nontransferable worldwide license to produce, translate, publish, use and dispose of, and to authorize others to produce, translate, publish, use and dispose of all copyrightable material first produced or composed in the performance of this Agreement. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 7 08/22/02 AWARD # BBS - 02K - 065 16. Standard of Performance Recipient, its subcontractorsand their employees, in the performance of Recipient's work under this award shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Recipient's field. Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, as directedby Commission Project Manager, shall be borne in total by Recipient and not the Commission. The failure of a project to achieve the performance goals and objectives stated in the Work Statement is not a basis for requesting re -performance unless the work conducted by Recipient and/or its subcontractors is deemed by the Commission to have failed the foregoing standard of performance. In the event Recipient/subcontractor fails to perform in accordance with the above standard: (1) Recipient/subcontractor:will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of the Commission Project Manager: Any work re -performed pursuant to this:, paragraph shall be completed within the time limitations originally set forth for the specific task involved. Recipient/subcontractor shall work any overtime required to meet the deadline for the task at no additional cost to the Commission; (2) The Commission, shall provide a new schedule forthe re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and (3) The Commission shall have the option to direct Recipient/subcontractor not to re - perform any task which was not .performed to the reasonable satisfaction of the Commission Project Manager pursuant to application of (1) and (2) above. In the event the Commission directs Recipient/subcontractor not to re -perform a'task, the Commission and Recipient shall negotiate a reasonable settlement for satisfactory work performed. No previouspayment shall be considered a waiver of the Commission's right to reimbursement Nothing contained in this section is intended to limit any of the rights or remedies which the Commission may have under law. 17. Payment of Funds a. Payment Requests The Recipient may request payment from the Commission at any time during the term of this Agreement although it is preferred that payment requests be submitted with the progress reports. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 8 08/22/02 AWARD # BBS - 02K - 065 Payments will generally be made on a reimbursement basis for Recipient expenditures, i.e., after the Recipient has paid for a service, product, supplies, or other approved budget item. No reimbursement for food or beverages shall be made other than allowable per diem charges. As a general rule, advance payments are not allowed. The Commission, at its sole discretion, may honor advance payment requests if warranted by compelling need. Advance payments shall only be made upon the satisfaction of conditions intended to protect grant funds from loss or misuse, including (1) depositing all advance payments into a separate interest -earning account; (2) reporting interest earned on advance payments to the Commission Project Manager; (3) the accounting of all advance payments within a timeframe specified by the Grants and Loans Office; (4) returning all unused advance payments and interest or portion thereof, within 60 days of the termination of this Agreement; and (5) other conditions as specified by the Grants and Loans Office. Funds in this award have a limited period in which they must be expended. All Recipient expenditures must occur prior to the end of the term of this Agreement. b. Documentation All payment requests must be submitted using a completed Payment Request form (Exhibit A). This form must be accompanied by an itemized list of all charges and copies of all receipts or invoices necessary to document these charges for both Commission and match share. Any payment request that is submitted without the itemization will not be authorized. If the itemization or documentation is incomplete, inadequate, or inaccurate, the Commission Project Manager will inform the Recipient and hold the invoice until all required information is received or corrected. Any penalties imposed on the Recipient by a subcontractor because of delays in payment will be paid by the Recipient. c. Release of Funds The Commission Project Manager will not process any payment request during the Agreement term until the following conditions have been met: • All required reports have been submitted and are satisfactory to the Commission Project Manager. • All applicable special conditions have been met. • All appropriate permits or permit waivers from governmental agencies have been issued to the Recipient and copies have been ' received by the Commission Project Manager. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 9 08/22/02 AWARD # BBS - 02K - 065 • All products due have been submitted and are satisfactory to the Commission Project Manager. • Other prepayment conditions as may be required by the Commission Project Manager have been met. Such conditions will be specified in writing ahead of time, if possible. d. Retention It is the. Commission's policy to retain 10 percent, of any, payment request or 10 percent of the total Commission award at the end of the project After the project is complete the Recipient must submit a completed payment request form requesting release of the retention. The Commission Project Manger will review the project file and, when satisfied that the terms of the funding Agreement have been fulfilled, will authorize release of the retention. e. State Controller's Office Payments are made by the State Controller's Office. 18. Fiscal Accounting Requirements The Recipient shall review and comply with the administrative requirements outlined in the applicable sections of the OMB circulars and/or federal regulations incorporated as part of the funding Agreement.. The OMB circulars and/or federal regulations are, supplemented with the following requirements: a. Accounting and Financial Methods The Recipient shall establish a separate ledger account or fund for receipt and disbursement of Commission funds for each project funded, by the Commission. Expenditure details must be maintained in accordance with the approved budget details using appropriate accounting practices. b. Retention of Records The Recipient shall retain all project records (including financial records, progress reports, and payment requests) for a minimum of three (3) years after the project has been formally concluded, or final payment received, whichever is later, unless otherwise specified in the funding Agreement. Records for nonexpendable personal property acquired with grant funds shall be retained for three years after its final disposition. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 10 08/22/02 AWARD # BBS - 02K - 065 • c. Audits Upon written request from the Commission, the Recipient shall provide detailed documentation of all expenses at any time throughout the project. In addition, the Recipient agrees to allow the Commission or any other agency of the state, upon written request, to have reasonable access to and the right of inspection of all records that pertain to the project during the term of this Agreement and for a period of three (3) years thereafter. Further, the, Recipient agrees to incorporate an audit of this project within any scheduled audits, when specifically requested by the state. Recipient agrees to include a similar right to audit in any subcontract. Recipients are strongly encouragedto conduct annual audits in accordance with the single audit concept. The Recipient should provide two copies of the independent audit report and any resulting comments and correspondence to the Commission Project Manager within 30 days of the completion of such audits. d. Match or Cost Share (match) If the Budget includes match, the Recipient's commitment of resources, as described in this Agreement, is a required expenditure for receipt of Commission funds. Grant funds will be released only if the required match percentages are expended. The Recipient must maintain accounting records detailing the expenditure of the match (actual cash and in -kind services) and provide complete documentation of expenditures as described under "Payment of Funds." 19. Indemnification The Recipient agrees to indemnify, defend, and save harmless the state, its officers, agents, and employees, from any and all claims and losses accruing or resulting to Recipient and to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the Recipient in the performance of this Agreement. 20. Disputes In the event of a dispute or grievance between Recipient and the Commission.regarding this Agreement, the following two-step procedure shall be followed by both parties. Recipient shall continue with responsibilities under this Agreement during any dispute. a. Commission Dispute Resolution The Recipient shall first discuss the problem informally with the Commission Project Manager. If the problem cannot be resolved at this stage, the Recipient must direct the grievance together with any evidence, in writing, to the Commission Grants and Loans Officer. The grievance must state the issues in the dispute, the BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 11 08/22/02 AWARD #BBS - 02K - 065 legal authority or other basis for the Recipient's position and the remedy sought. The Commission Grants and Loans Officer and the Program Office Manager must make a determination on the problem within ten (10) working days after receipt of the written communication from the Recipient. The Grants and Loans Officer shall respond in writing to the Recipient, indicating a decision supported by reasons. Should the Recipient disagree with the Grants and Loans Officer. decision, the Recipient may appeal to the second level. The Recipient must prepare a letter indicating why the Grants and Loans Officer's decision is unacceptable, attaching to it the Recipient's original statement of the dispute with supporting documents, along with a copy of the Grants and Loans Officer's response. This .letter shall be sent to the Executive Director at the Commission within ten (10) working days from receipt of the Grants and Loans Officer's decision. The Executive Director or designee shall meet with the Recipient to review the issues raised. A written decision signed by the Executive Director or designee shall be returned to the Recipient within twenty (20) working days of receipt of the Recipient's letter. The Executive Director may exercise the option of presenting the decision to the Commission at a business meeting. Should the Recipient disagree with the Executive Director's decision, the Recipient may appeal to the Commission at a regularly scheduled business meeting. Recipient will be provided ' with the current procedures for placing the appeal on a Commission Business Meeting Agenda. b. Mutual Agreement for Arbitration Should the Commission's Dispute Resolution procedure described above fail to resolve a dispute or grievance to the satisfaction of the Recipient, either party may seek to have the dispute or grievance resolved through binding arbitration. Both parties must consent before submitting the dispute to arbitration. The arbitration proceeding shall take place in Sacramento County, California, and shall be governed by the commercial arbitration rules of the American Arbitration Association (AAA) in effect on the date the arbitration is initiated. The dispute or grievance shall be resolved by one (1) arbitrator who is an expert in the particular field of the dispute or grievance. The arbitrator shall be selected in accordance with the aforementioned commercial arbitration rules. If arbitration is mutually decided by the parties, arbitration is in lieu of any court action and' the decision rendered by the arbitrator shall be final (not appealable to a court through the civil process). However, judgement may be entered upon the arbitrator's decision and is enforceable in accordance with the applicable law in any court having jurisdiction over this Agreement. Thedemand for arbitration shall be made no later than six (6) months after the date of the termination of this Agreement, irrespective of when the dispute or grievance arose, and irrespective of the applicable statute of limitations for a suit based on the dispute or grievance. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 12 08/22/02 AWARD # BBS - 02K - 065 The cost of arbitration shall be borne by the parties as follows.: i) The AAA's administrative fees shall be borne equally by the parties; ii) The expense of a stenographer shall be borne by the party requesting a stenographic record; iii) Witness expenses for either side shall be paid by, the party producing the witness; iv) Each party shall bear the cost of its own travel expenses; v) All other expenses shall be borne equally by the parties, unless the arbitrator apportions or assesses the expenses otherwise as part of his or her award. At the option of the parties, any or all of these arbitration costs may be deducted from any balance of Agreement funds. Both parties must agree, in writing, to utilize Agreement funds to pay for arbitration costs. If the parties do not mutually agree to binding arbitration, the sole forum to resolve the dispute is State court. 21. Workers' Compensation Insurance Recipient hereby warrants that it carries Worker's Compensation Insurance for all of its, employees who will be engaged in the performance of this Agreement, and agrees to furnish to the Commission Project Manager satisfactory evidence of this insurance at any time the Commission Project Manager may request. b. If Recipient is self -insured for worker's compensation, it hereby warrants such self- insurance is permissible under the laws of the State of California and agrees to furnish to the Commission Project Manager satisfactory evidence of this insurance at any time the Commission Project Manager may request 22. General Provisions Governing Law It is hereby understood and agreed that this Agreement shall be governed by the laws of the State of California as to interpretation and performance. b. Independent Capacity The Recipient, and the agents and employees of the Recipient, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 _i a 13 08/22/02 AWARD # BBS - 02K - 065 c. Assignment Without the written consent of the Commission in the form of a formal written amendment, this Agreement is not assignable or transferable by Recipient either in whole or in part. d. Timeliness Time is of the essence in this Agreement. e Unenforceable Provision In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. f. Waiver No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy:. provided therein or by law. Assurances The Commission reserves the right to seek further written assurances from the Recipient and its team that the work of the project under this Agreement will be performed consistent with the terms of the Agreement. h. Change in Business (1) Recipient shall promptly notify the Commission of the occurrence of each of the following: (a) A change of address. (b) A change in the business name or ownership. (c) The existence of any litigation or other legal proceeding affecting the project. (d) The occurrence of any casualty or other loss to project personnel, equipment or third parties of a type commonly covered by insurance. (e) Receipt of notice of any claim or potential claim against Recipient for patent, copyright, trademark, service mark and/or trade secret infringement that could affect the Commission's rights. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 14 08/22/02 AWARD # BBS - 02K - 065 (2) Recipient shall not change or reorganize the type of business entity under which it does business ` except upon prior written notification to the Commission. A change of business entity or name change requires an amendment assigning or novating the Agreement to the changed entity. In the event the Commission is not satisfied that the new entity can perform as the original Recipient, the Commission may terminate this Agreement as provided in the termination paragraph. i. Survival of Terms It is understood and agreed that certain provisions shall survive the completion or termination date of this Agreement for any reason. The provisions include, but are not limited to: • "Payments of Funds" • "Equipment" • "Change in Business" • "Disputes" • "Termination" • "Audit" • "Indemnification" • "License" • "Fiscal Accounting Requirements" 23. Certifications & Compliance a. Federal, State & Local Laws Recipient shall comply with all applicable federal, state and local laws, rules and regulations. b. Nondiscrimination Statement of Compliance During the performance of this Agreement, Recipient and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family care leave. Recipient and its subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 15 08/22/02 AWARD # BBS - 02K - 065 California Code of Regulationsare incorporated into this Agreement by reference and made a part of it as if set forth in full. Recipient and its subcontractors shall give written notice .of their obligations under this clause, to labor organizations with which they have a collective bargaining, or other Agreement. The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. c. Drug Free Workplace Certification By signing this Agreement, the Recipient hereby certifies under penalty of perjury under the laws of the State of California that the Recipientwill comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug -free workplace by taking, the following actions: i) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a). ii) Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: • The dangers of drug abuse in the workplace; • The person's or organization's policy of maintaining a drug -free workplace; • _ Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations. iii) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project: • Will receive a copy of the company's drug -free policy, statement; • Will agree to abide ,by the terms of the company's statement as a condition of employment on the project. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the Commission determines that any o. f the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 16 08/22/02 AWARD # BBS - 02K - 065 d. Recycling Certification The Recipient shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as. defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Recipient may certify that the product contains zero recycled content. e. Child Support Compliance Act (Applicable to California Employers) For any Agreement in excess of $100,000, the Recipient acknowledges that: i) It recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and ii) To the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. f. Americans With Disabilities Act By signing this Agreement, Recipient assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA. g. Union Activity By signing this Agreement, the Recipient hereby certifies that Recipient will not use grant funds for any expenses to assist, promote, or deter union organizing. Any Recipient that makes expenditures to assist, promote, or deter union organizing shall maintain records sufficient to show that state funds have not been used for those expenditures. (Government Code Section 16645.2) BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 17 08/22/02 AWARD # BBS - 02K - 065 EXHIBIT A PAYMENT REQUEST FORM BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 18 08/22/02 STATE OF CALIFORNIA CALIFORNIA ENERGY COMMISSION FINANCIAL STATUS REPORT OR PAYMENT REQUEST Grant CEC 211-(a) (Rev. 1/01) Instructions are on the reverse Payment Request No.: Qient and Address) Type of Request Reimbursement Only Amount of this Request $ Status Report Release Retention Funding History Funds Requested to Date: Funds Received to Date: Expenses to Date: Funds on Hand: Interest Earned to Date $ Period Covered by this Request to $ $ Grant No. Recipient ID No. Approved Project Term to $ $ ENERGY COMMISSION SHARE Line Item Budget Expenses this Period Expenses to Date Obligations Not Yet Paid Remaining Balance Personnel Fringe Benefits Travel Equipment Supplies Contractual Construction Other Indirect TOTAL MATCH SHARE Budget ' Expenses this Period Expenses to Date Obligations Not Yet Paid Remaining Balance ? Line Item . onnel Fringe Benefits Travel Equipment Supplies Contractual Construction Other Indirect TOTAL GRAND TOTAL RECIPIENT CERTIFICATION ENERGY COMMISSION USE ONLY (-NS-) I certify to the best of my knowledge and belief that this report is correct and complete and all outlays and obligations are for the purposes set forth in the funding Agreement. No grant funds will be used to assist, promote, or deter union organizing. Amount Authorized Signature of Authorized Certifying Officer Date Retention Yes_ No Type or Print Name and Title Phone Fiscal Year ENERGY COMMISSION APPROVALS Appropriation Code Commission Project Manager Date ACCOUNTING OFFICE USE ONLY fission -Program Manager Date Retention Grants Office Date Amount Scheduled T &C -Form CEC 211a 19 July 2001 INSTRUCTIONS Payment Request No.: Begin with the number 1 on your first payment request and consecutively number each subsequent payment request. The last payment request should include the notation, "Final." Recipient (Name. and Complete Address): Same as "Recipient" on the Grant Agreement. Address should include the city, state, and zip code. Type of Request: Indicate if this is a "Reimbursement" or "Status Report Only." Be sure to provide backup documentation. If no funds are being requested, check "Status Report Only." Amount of this Request: This line shows the amount currently being requested. Indicate the amount being requested. Period Covered by this Report: The time period covered by this request. The first day of the period should be the day after the last day covered by your previous report. Example: 1/14/94 to 3/31/94. Grant No.: Same as "Grant Number" on the Grant Agreement. This is the eight digit code assigned by the Energy Commission (example 961-93-000). Recipient ID No.: This space is for an account number or other identifier that may be assigned by the Recipient (optional). Approved Project Term: This is the entire project period beginning with the date the project starts through the end date. This date should match the "Term" on the Grant Agreement unless you have received a term extension. Total Funds Requested to Date: Show the total of all funds requested from the Energy Commission prior to this request. Funds Received to Date: Show the total amount of funds received from the Energy Commission prior to this request. "Funds Requested to Date" minus any retention withheld equals "Funds Received to date". Total Expenses to Date: Show the total expenses from the beginning of the project through and including the period covered by this report. This amount should be the same as the "Grand Total" expenses to date. Funds on Hand: This should be filled in only if you have received any advance funds from the Commission. If you have, show the balance of funds received. ("Funds. Received to Date" minus "Expenses to Date" equals "Funds on Hand.") Interest Earned to Date: Show all interest earned on previously advanced funds. Line Items: The following budget categories apply to all expenditures invoiced. • Budget: Show by line item the budget as shown in the Grant Agreement • Expenses this Period: Show by line item the actual payments made by the Recipient during the period covered by this report. • Expenses to Date: Show by line item the cumulative total of all expenses from the beginningof the project through and including theperiod covered by this report. • Obligations Not Yet Paid: Show by line item, all funds obligated on purchase orders, contracts, etc. for which you have received an invoice but have not yet paid. • Remaining Balance: Show by line item the funds available for expenses or obligations. `Budget" minus "Expenses to, Date" minus "Obligations Not Yet Paid" equals "Remaining Balance." Certification: Name, title and signature of authorized certifying official (usually the grant Recipient's project manager). Submit original and one copy to: California Energy Commission Accounting Office 1516 Ninth Street, MS # 2 Sacramento, CA 95814 T&C—FormCEC211a 20 July 2001 Exhibit C-2 Battery Backup Systems Work Statement and Schedule New Installations: LED Traffic Intersections BBS-02K-065 1. Submit executed governing body resolution to the Energy Commission. Product: Due Date: Resolution Prior to any payments made by Energy Commission. 2. . Release bid documents for materials and labor. Product: Due Date: A copy of the bid specifications for the system and cabinet. 120 calendar days after execution of grant agreement. 3. Select system vendor and/or contractor. Product: Due Date: A copy of the winning proposal. 30 calendar days after release of bid documents. 4. Prepare and sign an agreement with the vendor and/or contractor. Product: A copy of the executed agreement. Due Date: 30 calendar days after selection of the vendor and/or contractor. 5. Install the system and begin operation. Product: Due Date: Written notification of the installation and operation. 60 calendar days after signing agreement. 6. Prepare and submit quarterly progress reports in accordance with Section 6 of these grant terms and conditions. Product: Quarterly progress reports. Due Date: Progress reports are due quarterly by the 15th of each month following the end of each calendar quarter during the term of this agreement. Progress reports shall adhere to the following schedule: Grant term begins August 14, 2002 Progress Reports are due: 1st Quarter: 8/14/02-9/30/02 10/15/02 2nd Quarter: 10/1/02-12/31/02 1/15/03 3rd Quarter: 1/1/03-3/31/03 4/1/03 4th Quarter: 4/1/03-6/30/03 7/1/03 21 Special Conditions Exhibit C-2 Battery Backup Systems Work Statement and Schedule New Installations: LED Traffic Intersections BBS-02K-065 7. Prepare and submit a final report in accordance with the requirements in Section 6 of the grant terms and conditions. In addition, the final report shall include a summary of each BBS installation, the number of systems installed, and any problems that were encountered during the performance of this agreement. • Product: Final Report Due Date: 60 days after the installation and operation of all systems authorized under this agreement. 22 Special Conditions BBS-02K-065 C NEW BBS INSTALLATIONS — ----777.1reisMT.7 , -7,7:a.7\J:.;,-t.--1,- , 7:1•?) --:" National Ci San Die o National Ci Blvd & 8th National Cit San Die o National C.' Blvd & 24th National Cit San Die o National Ci Blvd & 30th National Ci San Die o Hi.hland Ave & 8th National Cit San Die o Et •hland Ave & 30th 23 BBS-02K-065 Battery Backup Systems for Traffic Control Budget — New Installations' Recipient Name: City of National City Grant Award Number: BBS-02K 065 Commission Grant Recipient Cost Category Share* Match Share Total Cost Personnel $0.00 $0.00 Fringe Benefits $0.00 $0.00 Travel $0.00 $0.00 Equipment/Supplies** $12,250.00 $5,250.00 5 X $3,500 = $17,500 [Insert # of units X unit cost] [Add more rows if necessary] Contractual $0.00 $0.00 $0.00 Construction $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $12,250.00 $5,250.00 $17,500.00 Other Indirect Total $0.00 $0.00 $0.00 $17,500.00 * The Commission Grant Share under this agreement shall not exceed either the Commission Grant Award or 70% of the eligible costs, whichever is less. Should actual eligible costs be lower than estimated, the amount of the grantaward may be reduced to meet these funding limitations. ** The costs under Equipment/Supplies includes only the cost of the BBS and cabinet, if applicable, and sales tax. It does not include any installation/labor cost. 24 BBS-02K-065 RESOLUTION NO: 02-0814-05 STATE OF CALIFORNIA STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION RESOLUTION — RE: Battery Backup System Grants WHEREAS, pursuant to Public Resources Code Sections 25403.8, the State Energy Resources Conservation and Development Commission (Energy Commission) is authorized to provide grants to local governments for battery backup systems for traffic signals using light emitti ig diodes; and WHEREAS, in order to be eligible for this grant, a local government must meet the Battery Backup Program requirements contained in the grant application; and WHEREAS, the Energy Commission staff has reviewed all applications and has identified projects that meet the program requirements; and THEREFORE BE IT RESOLVED, the Energy Commission approves the staff recommendations for grants to be awarded to local governments as indicated in Tables A and B; and: FURTHER BE IT. RESOLVED, that the Energy Commission authorizes the Executive Director or his designee to consider and approve any requests from the grant recipients for additions, deletions, or modifications to the project, provided as modified, the project remains eligible for financial assistance and does not require any additional money: Dated: August 14, 2002 25 STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION WILLIAM J. Ki ESE Chairman TABLE A Existing BBS Grant Summary Sheet OnialiNAMORPAMCAND1''''' ''''''P''Cl' V., ' trOMMTPIA14.1110JEcTIP-PsIRMOW fffiliPIWWWIYARMW9M.NigkPagP:1,,v City of Ceres $22,496 , $6,000 City of Chino $22,841 $4,200 City of Claremont $81,175 $14,400 City of Corona $106,451 $23,324 City of Elk Grove $40,339 $10,800 City of Encinitas $172,800 $48,222 City of Escondido $85,678 $21,000 City of Fontana $327,981 $86,400 City of Fremont $398,723 $17,864 City of Hayward $39,956 $7, 830 City of Huntington Beach $22,549 $6,764 • City of Laguna Niguel $325,839 $59,850 City of Lakewood $68,807 $17,052 City of Lompoc $92,400 1 $15,600 City of Milpitas $173,422 $40,800 City of Mission Viejo $136,007 $29,856 City of Paramount $167,790 $42,000 City of Poway $195,707 $45,600 City of Rancho Cucamonga $526,917 $113,550 City of Rancho Mirage $84,850 $23,879 City of Sacramento, Public Works $57,324 $11,040 City of San Diego $237,955 $73,386 City of San Marcos $100,245 $25,200 City of Temecula $24,596 $6,457 City of Vacaville $90,400 $20,821 City of Victorville $1,872 $1,872 City of Vista $73,587 $17,546 City of Westlake Village $190,986 $14,378 City of Westminster $226,990 $41,041 County of El Dorado $2,900 $870 County of Kern $59,417 $38,456 County of Marin $74,717 $9,600 County of Sacramento $377,916 $101,859 County of San Diego $505,680 $134,400 Monterey County Dept. of Public Works $65 500 , $11,550 Town of Moraga $16,300 $3,150 Q , , , opo S90-NZO-SHEI City and County of San Francisco City of Antioch City of Artesia City of Atwater City of Baldwin Park City of Bell City of Brisbane City of Buena Park City of Burbank City of Ceres City of Chula Vista City of Claremont City of Clovis City of Commerce City of Concord City of Code Madera City of Costa Mesa City of Culver City City of Cupertino City of Cypress City of Dinuba City of Dublin City of El Cajon City of Escondido City of Garden Grove City of Gilroy City of Hayward City of Highland City of Huntington Beach' Cityof Imperial Beach City of Indio City of Inglewood City of La Mesa City La Mirada Cityof Lancaster City of Larkspur City of Live Oak City of Livermore Cityof Lomita TA New BBS Sum _.Y Grant Sheet • $55600i $51,093 $71,600 $24,000 $82,800 $25,200 $10,800 $127,558 $88,000 $55,000 $650,000 $30,891 $30,891 $210,500 $52,000 $18,000 $118,665 $65,205 $86,400 $26,100 $4,000 $141,300 $60,000 $158,504 $77,500 $45,900 $75,871 $98,400 $416,000 $11,120 _ $68,000 $200,000 $198„355 $52,650 $123,480 $25,200 $5,398 $145,000 $28,200 54,800 $19,944 $37,660 $9,800 $36,540 $14,210 $6,090 $61,180 $53,200 $30,800 $281,960 $14,035 $7,350 $103,320 • $26,950 $8,120 $113,664 $42,000 $37,352 $14,700 $2,450 $22,400 $42,000 $103,600 $29,925 $23,940 $40,320 $10,800 $291,200 $5,320 $45,220 $89,600 $124,320 $31,850 $73,500 $9,643 $2,800 $58,240 $14,234 s90-xzo-sgg CEC Page 1 TABLE B New BBS Summary Grant Sheet City of Long Beach City of Lynwood $81,968 $130i000 $57, , 389 $57,050 ' City of Manhattan Beach $86,500 $55,674 City of Mill Valley $21,600 $19,285 City of Mission Viejo $306,000 $142,240 City of Montebello City of Monterey $250, 000 $35,200 $142,380 L $20,006 City of Monterey Park $543,926 $105,560 City of Moreno Valley $118,000 $49,000 City of National City $35,000 $12,250 City of Novato $11t600 $46,284 City of Orange $204,000 $129640 City of Palmdale . $275 000 , , $95,550 City of Palo Alto $50,400 $28,420 City of Pico Rivera $42,500 $29,120 City of Pleasant Hill $50,000 $19,600 City of Pleasanton $83,025 $70,525 City of Rancho Santa Margarita $166,975 $66,50,0 City of Redondo Beach $183,600 $103, 530 City of Roseville $503,100 $330,400 City of Salinas $30,774 $14,700 City of San Buenaventura $88,000 $56,000 _ City of San Luis Obispo $40,000 $25,200 City of San Marcos $173,844 $86,800 City of San Rafael $91,200 $30,240 City of Santa Barbara $204,820 $204,820 City of Santa Fe Springs $117,096 $91,840 City of Santee $116,252 $70,470 City of Sausalito $32,400 $18,270 City of Sebastopol $8,000 $5,600 City of South Gate $104,000 $72,800 , City of Sunnyvale $458 900 , $271,600 , City of Temecula $162 400 , $101,805 City of Thousand Oaks $311,100 $124,950 City of Torrance $252,050 $145,600 City of Victorville $17,472 $17 472 , City of Vista , $105,995 $52,374 City of West Covina ' $302,110 $119,104 City of Yorba Linda $108,200 $26,261) City of Yuba -City $79,923 $47,040 S90-NOSHEI TAB New BBS Summarant Sheet t.) VD County of Contra Costa $120,000 $44,800. County of El Dorado $75,600 $40,600 County of Marin $7,200 $5,600 County of SamLuls Obispo, Dep. Of F $40,000 $26,60Q County of Santa Clara $1,000,000 $2-87,140 County of Ventura $105,000 $33,320 Los Angeles Countyof Public Works $410,000 $170,800 Town of Apple Valley $104,670 $44,100 Town of Loomis $14,400 $4,060 Town of Moraga $29,500 $9,800 *ftfilainitt#1409**WIM IMINISONSM2;60980.17....7.....5111.1111111114 taltaillannittegailaiiIMON S90-)OSUff CEC Page 3 7/96In7 a BBS-02K-065 Special Conditions Battery Backup Systems (BBS) Installations: LED Traffic Intersections 1. Resolution The recipient must provide to the Energy Commission (Commission) a signed resolution (or signed certified copy of same) authorizing acceptance of this agreement. The resolution shall also designate the person by title who is authorized and empowered to execute in the name of the agency all contracts, agreements, and amendments necessary to implement and carry out the project as defined by this agreement. This resolution must besubmitted to the Energy Commission before any payments are made to the agency for work authorized under this agreement. 2. Products The Commission project manager must receive 2 copies of the required products, as indicated in the Work Statement, Exhibit C-2. TheCommission project manager may contact the recipient, as needed, to get clarification or request additional information on any product. Electronic copies may be acceptable for certain documents that do not require an original signature. The Commission project manager shall determine if the documents are acceptable for electronic transmittal. 3. Payment of Funds a. Conditions for Grant Payment The Commission will provide grants to supplement the cost of purchasing BBS for LED traffic signal intersections as described in Section 15 of the Grant Application. The Commission will authorize progress payments for the BBS that have been installed and are operational. Prior to payment, the Commission reserves the right to: 1) A pre- and post inspection; 2) Verify that all the projects have been installed and are operational; 3) Verify that each installed system correlatestwith the intersections indicated in the grant award; 4) Verify that the specifications for each installed system correlates with , the specifications contained in Appendix B of the grant application 5) Verify that the Commission grant is not usedto supplement the cost of a project already funded by an IOU, 6) Verify that the Commission grant incentive does not include labor for these BBS installations as described in Section 15 of the Grant Application. Special Conditions 30 BBS-02K-065 b. Situations for Denial of a Payment Request: Grant payments, either in whole or in part, will not be made in the event of any of the following: 1) The equipment, purchased does not meet the requirements specified in Appendix B of the Grant Application. 2) The recipient fails to provide the required documentation. This documentation includes, but is not limited to, the requirements listed in grant agreement. 3) The recipient requests reimbursement for labor. 4) A random audit or technical analysis conducted by the Commission or its' designated representatives determines that the installed project does not meet the terms and conditions of the grant agreement. 31 r BBS-02K-065 B. Battery Backup Systems Specifications for. New Installations (Not yet installed) 1) . A system for a fully functional BBS shall operate the entire LED -only intersection (700W/1000VA active output capacity, with 80% minimum inverter efficiency) for a period of at least two hours and run an additional two hours on Red Flash only. Battery systems will back up an intersection for a minimum of four hours and then be fully recharged and prepared for another two hours of operation within twenty- four hours. 3) Maximum transfer time due power outage shall be 150 milliseconds. 4) Batteries shall be certified (by the manufacturer) to operate normally in harsh conditions -25 degrees c to +74 degrees c and 20% to 95% humidity. 5) Battery output voltage shall be 110 VAC and 125 VAC, pure sine wave output, <3% THD, 60Hz + 5Hz. 6) BBS shall bypass th@ utility Tine power whenever the utility line voltage is outside the following voltage range: 100 VAC to 130 VAC (± 2 VAC). 7) BBS shall be equipped to prevent a malfunction feedback to the cabinet or from feeding back to the utility service. 8) Batteries shall be provided with appropriate interconnect wiring and corrosion - resistant mounting trays and/or brackets appropriate for the cabinet into which they will be installed. 9) Battery interconnect wiring shall be via modular harness. Batteries shall be shipped with positive and negative terminals pre -wired with red and black cabling that terminates into a typical power -pole style connector. Harness shall be equipped with mating power -pole style connectors for batteries and a single, insulated plug-in style connection to inverter/charger unit. Harness shall allow batteries to be quickly and easily connected in any order and shall be keyed and wired to insure proper polarity and circuit configuration. Battery terminals shall be covered and insulated so as to prevent accidental shorting. 10) Batteries shall be warranted for a full replacement for two (2) years from the date of purchase. 11) Batteries stored in an external cabinet may be attached to the controller or a stand- alone, pad -mount, outdoor (NEMA 3R) enclosure shall be available should there be inadequate room in the signal cabinet or should the consulting/traffic engineer prefer independent, external mounting. The external battery cabinet shall have a 32 Battery Backup System Installation (09/11/02) a BBS-02K-065 door opening to the entire cabinet and enclosed bottom with insect proof weep - hole. The door shall be attached to the cabinet through the use of a continuous steel piano hinge. The door shall use a padlock clasp in order to lock the door. The weatherproof enclosure shall be 12" wide x 9" deep x 36" 54" high (taller if UPS controls are installed with the batteries in the external cabinet). Batteries shall be mounted on individual shelves. External battery cabinets that are mounted to the existing Control Cabinets shall be mounted with a minimum of eight bolts. External cabinets shall be ventilated through the use of louvered vents, filters, and thermostatically controlled fan (s). Battery Backup System Installation (09/11/02) 33 City of National City, California COUNCIL AGENDA STATEMENT CEETING DATE December 3. 2042 (-ITEM TITLE MILLS ACT .CONTRACT APPLICATION FOR THE WELLINGTON ESTATE AT 3600 E. 8m STREET (APPLICANT: MONCRIEFF FAMILY LIMITED PARTNERSHIP) (CASE FILE NO.: M-2002-1) 9 AGENDA ITEM NO. PREPARED BY Jon Cain DEPARTMENT Planning EXPLANATION In May the Council authorized a Mills Act program for historic properties. The property owner of 3600 E. 8th Street submitted the first application. This site is a 2.5-acre lot on the south side of Paradise Valley Road, east of 8th Street. It is in the RS-1 Single-family Residential zone, and has no street frontage —it is accessed via an easement from Paradise Valley Road. The lot is atop a hill and is visible from a distance to the north and west. The site contains the Wellington Estate, a 5,766 square foot home constructed c.1926. The owner -occupied home is included on the City's adopted "List of Identified Historic Sites in National City". Mills Act contracts are a historic preservation tool which allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City list. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in the attached list. If approved, the contract will cause the property to be assessed at the capitalization of income value. The County Assessor's office estimates that this will yield a tax reduction of roughly 60-70%, or $5,600 to $6,600 annually based on the current value, which results in a reduction of approximately $500 to $600 in City revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may ancel the contract if it is breached, or opt not to renew it if proper notice is ;provided. The property will be spected annually to ensure that the structure is being maintained. CDC staff provided comments in support o the contract, and the National City Historic Society declined to comment. ( Environmental Review X N/A Categorical Exemption Financial Statement The action will result in a reduction in annual City property tax revenue of approximately $500 to $600. STAFF RECOMMENDATION Approve the contract. BOARD / COMMISSION RECOMMENDATION N/A Approved Bya ATTACHMENTS ( Listed Below ) 1. Location Map 2. Draft Contract 3. Application, including maintenance/restoration plan and site photos 4. Resolution 2002-176 Resolution No. A-200 (9;99) RESOLUTION NO. 2002 - 176 RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR. TO EXECUTE A MILLS ACT CONTRACT FOR THE WELLINGTON ESTATE AT 3600 EAST 8TH STREET APPLICANT: MONCRIEFF FAMILY LIMITED PARTNERSHIP M-2002-1 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for the Wellington Estate at 3600 East 8th Street. Said contact is on file in the Office of the City Clerk. PASSED and ADOPTED this 3rd day of December, 2002. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 3440 3432 3426 3420 3414 PROJECT LOCATION NATIONAL CITY PLANNING DRN 11/05/02 INITIAL HEARING: 11 /1 9/02 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s) 669-060-24-00 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 3600 E. 8th Street. (Site Address) THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Moncrieff Family Limited Partnership ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's <Parcel, No. 669-060-24-00, and located at the street address 3600 E. 8th Street, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code` (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1 Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work`shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner, shall maintain all buildings, structures, yards and other improvernents in a manner which does _ not detract from the appearance of the immediate neighborhood. The following conditions are prohibited. i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; ii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas, v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine. Owner's compliance with the Contract. d Owner shall allow visibility of the exterior of the structure from the public right- of-way. e.. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission 2 Mills Act Contract 11/14/02 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all ; City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic, property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to. City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as forth herein Mills Act Contract 11/14/02 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract This Contract shall be effective and commence on DeceMber 3, 2002, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall servewritten notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of 'a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. Mills Act Contract 11/14/02 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. To Owner(s): Moncrieff Family Limited Partnership 2720 #0 E. Plaza Boulevard National City, CA 91950 a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic .Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legalrepresentatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e This Contract shall not take effect unless and until Owner's signatureis notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. g• This Contract shall be construed and governed in accordance with the laws of the State of California. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the 5 Mills Act Contract 11/14/02 o Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY Date: By: Nick Inzunza, Mayor OWNER(S) OF RECORD Date: 1 g z By: Moncrieg FOP, (Notarized Signature) Title: Pw-°.i e�- Date: Date: Attest: By: (Notarized Signature) By: Michael R. Dalla, City Clerk Title: Date: Approved as to form: By: George H. Eiser, III City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 6 Mills Act Contract 11/14/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 S�.w3! / �y✓1�! r/l/3 Jl✓I l��°/11 �� rr/� 1✓✓l 1 -„„tJl rJ✓ /llif✓1 J.I//J/J itL ( I State of County of S On if-/9 G DATE before me, r116L. )... VA"i 2— N E, TITLE OF OFFICER - E.G., °.LANE DOE, NOTARY PUBLIC' personally appeared J /$7g Mon air Fr NAME(S) OF SIGNER(S) roved to me on the basis of satisfactory evidence to be the person 'whose named istare subscribed to the within instrument and ac- knowledged to me that he//tbey executed the same in his/b rftt>.ei-r authorized capacity(,i.es), and that by his/i ei/he-r signaturejs)'on the instrument the persons), or the entity upon behalf of which the personJrs'jacted, executed the instrument. ❑ personally known to me OR MARTHA L. ALVAR€'L Comm. A 1273154 NOTARY PUBLIC • CALIFORNIA. N San Diego County Ms Comm. Expires Aug.6, 2004 1114 9 WITNESS ray and and offi*al seal. o SIGNATURE OR NOTARY kW/ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) XL -LIMITED [1 GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ill Us. ACC' nv►iacr TITLE OR TYPE OF DOCUMENT (0 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 FORDEPARTMENT USE ONLY , Case Number I r l "m ��-4� �' ® I. Filing Fee Si Receipt No- <?4_ Date Received 5 OZ By -- Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address: 360 o Ec“ 8-#' S'�, Nett«mil C{� CA (R So Assessors Parcel Number(s): 6 1- 0 6 Qo 0 SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: Name: M"Ale PA..-r Ne=-s11712 Phone: i lj �z - o.ct q el Address: '{4li�(:-27Z0—o D'art eta. #107, Ca). Cf( g(41.5.0 5;h-ea-(o ff-ray, : 360o E S*1' Sdr N��, ,..�f G',S cA q1 qs o Property owner's signature: Ms,.«1-)el�' Ft P Date: A5/0 2 Supplement to Application for Mills Act Contract 3600 East 8th St, National City CA 91950 General Maintenance & Restoration Work Items: see attached table Description of Structure and Historic Value: Tiliis house, located in the eastern hills of National City, contains 5700 square feet, largely on one story, with a garage and storage areas underneath. Its construction is masonry with a roof that is mostly tile. It was designed and built in the roaring twenties, an era when films were still silent, when prohibition still reigned, and when mountain lions still roamed these hills (its paw prints are still preserved in the driveway). The structure's architecture eclectically combines design elements of a medieval Spanish castle with Mediterranean features from the 1920s that reflect the actual historic time of design and construction. This house is visible only from afar, and from many parts of National City, so it is a historic treasure enjoyed by all citizens of National City. Photos: see attached front and side views Legal Description: see attached Copy of deed verifying ownership: see attached PROBLEM RESTORATION WORK SOLUTION 1. combustible dead wood vines covering retaining wall, creating fire hazard cut vines away from wall, cut tangled mess into transportable pieces, haul away pieces 2. SDGE electric inlet pipe held up at retaining wall only by rusty shirt hanger, fire and safety hazard install rustproof stainless yacht cable to anchor inlet pipe . entry gate hangs open or ajar replace swingarm with correct length 4. entry gate won't stay closed repair mechanism, replace electronics 5. entry invisible at night to westbound traffic, creating traffic hazard add reflectors near entry 6. central courtyard ugly, uneven, Implanted, dug up by large dogs dig, level, till, add soil, fertilize, plant grass and flowers 7. irrigation system required to maintain central courtyard is inoperative repair 8. : garage and basement storage rooms dirty, infested, filled with junk haul junk, strip clean and powerwash 4000 sq ft garage and basement storage rooms 9. large numbers of electrical outlets and switches throughout structure are unreliable and potentially unsafe replace all electrical switches and outlets 10. paver floor tiles missing in courtyard find pavers matching originals and replace 11. ''courtyard outside walkways dirtied with foreign materials scrape floors clean, powerwash ceiling and walls 12. gazebo safety railings broken, unsafe repair 13. gazebo dirtied with foreign materials powerwash 14. many windows leak during rain reglaze windows where needed 15. many swing windows don't work and/or won't close properly disassemble and repair original window hinges and swing mechanisms, clean and lubricate 16. many windows latches don't work disassemble and repair original latches 17. missing original brass window latch find brass latch that will fit; install 18. some outer door locks don't work disassemble and lubricate 19. '; outside garage light inoperative take apart and repair 20. garage doors jam clean and lubricate mechanisms 21. original oak flooring infused with oils that prevent correct restoration strip every square inch of 4000 sq ft flooring with repeated passes by hand, to remove foreign oils 22. original oak flooring bleached by sun damage and water damage create custom stain to match original color, and restain damaged portions by hand 23. finish on oak flooring badly deteriorated screen sand 4000 sq ft to remove deteriorated finish; refinish with plural coats of sun and water resistant oil based finish 24. holes in oak flooring, 3 rooms cut oak plugs to fit, create matching stain, refinish 25. uneven pooled floor finish, LR sand down finish, and apply plural coats of custom finish that can be hand tapered as it dries 26. huge bee hives and gallons of honey have damaged attics remove hives and honey, scrape attics clean, seal attic entries, spray 27. overflow honey has soaked through & damaged plaster walls and ceilings knock down ceilings, relath using historically original metal mesh lath, replaster, match texture 28. 5 modern style fans with lights had been recently installed, in 3 rooms replace with historically accurate period style fans with lights 29. 8 ceiling light fixtures in 8 rooms had been replaced with cheap 1950 style light fixtures replace with historically accurate period style ceiling light fixtures 30. 8 wall sconces in 2 rooms had been replaced with, cheap 1950 style units replace with historically accurate period style wall sconces, find no longer available (nla) parts to repair or replace broken mountings 31. 4 wall sconces in den were missing, with holes in walls add historically accurate period style wall sconces, find nla parts to repair or replace broken mountings 32. 9 wall sconces in DR were flimsy and partially broken replace with historically accurate period style wall sconces, find nla parts to repair or replace broken mountings 33. alcove lights in DR don't work repair 34. lighting in LR doesn't work modify wiring in cha{deliers, replace nla bulbs with historically accurate period style lighting 35. original ceiling fixture in office doesn't work, scarred, dirty, bleached fix, clean, and restore fixture; scrape, clean, and re -seal translucent stone shade 36. 1000 sq ft red stone flooring badly worn with ground in dirt (some so badly it has a porous grey look) restore red stone with a 15 coat process, including many passes of hand rubbing every square inch of 1000 sq ft area 37. linoleum floor in telephone room worn and very dirty restore by cleaning with multiple passes, reseal and wax 38. linoleum floors in one bathroom and breakfast nook damaged beyond salvation replace with historically accurate wood flooring 39. original floors in 3 rooms have been replaced with historically inaccurate 1970 style ceramic tile, fused to building's concrete slab jackhammer the phony tile away, level remaining floor pad with chiseling and grinding, install historically accurate wood flooring 40. original green tile walls of kitchen and butler's pantry have years of gunk that cleaning chemicals could not remove restore green tile walls to glistening shine by using single edge razor to hand scrape every square inch of walls 41. original glass handles of all drawers and cabinets have years of gunk that restore glass handles to glistening shine by hand scraping complex contours with razor 42. about 30 original drawers do not work re -plane drawer edges, add tracks, glides, stops, etc. 43. about 20 original cabinet doors do not re -plane edges, repair hinges, latches, etc. 44. about 20 original closet doors do not work properly sand, saw, plane edges, repair hinges, latches, etc. 45. 7 cedar closets have bad foreign smell sand and clean all closet walls, replace carpeting 46. main kitchen faucet broken replace with historically accurate faucet 47. 2 original bathroom faucets leak, washers won't fix find nla faucet seats to match special large size from historic time when house built 48. ' original handles on bathroom sink were replaced with wrong type find nla historically accurate handles that will fit special large size spline shaft (finally found a pair left in stock at old hardware store in the middle of the Nevada desert) 49 1 original bathroom faucet won't flow take apart faucet to repair, find nla setscrew needed to make it work when re -assembled 50. front door latch falling out, screws research and find best, fitting rare thread screws to repair 51. 6 outdoor faucets don't work properly replace valves and spouts 52. original old style toilets don't flush repair original toilets 53. leak in potting room plumbing dig into wall, install shutoff valve in crawl space 54. circulating hot water line loop loses add insulation to entire length of pipe loop 55. hot water takes too long to come on at shorten branches from circulating water loop 56. DR inlaid onyx floor has layers of covering that are scarred, dirty, yellowed over time hand scrape every square inch of 800 sq ft onyx floor to remove old coatings; reseal bare stone with 10 coat process 57. butler's pantry dark, kitchen complex cramped, insufficient counter space open up kitchen space, create added counter space that matches original historic green tile, create added drawer and cabinet space that matches original historic cabinetry and drawers, save original historic features like ceiling coping 58. numerous holes and chinks in plaster repair and re -texture walls 59. 1960 style drapes in several rooms are historically wrong, and hide important original architectural features like fan top windows remove drapes; allow original architecture to be visible 60. paint throughout interior is dark and dirty; these dark colors compete with and thus hide important historic architectural features, like dark wood round top windows and doors, and dark stone fireplaces and floors repaint entire interior, using light colors that highlight the important historic architectural features; repaint all white trim (note: original exterior walls have a deliberate antiqued look, to mimic an ancient Spanish castle, with protruding mortar and a washed natural stone look) 61. 10 original showerheads clogged, frozen, leaking repair original showerheads where possible 62. original shower pan rusty, scarred refinish original shower pan 63. original shower door leaks at bottom replace non -original broken sweep 64. brass and stainless fittings throughout house have rust and crud scrape, sand, buff clean 65. bare wood insides of kitchen cabinets stink from years of rancid food; original vertical grain wood is rare and should be saved scrub wood with strong penetrating cleaners; let dry; seal bare wood with clear shellac to highlight beauty of wood and protect against future dirt and odors 66. 2 toilets leak at base lift toilets, add new gaskets, bolts, reinstall toilets 67. numerous ceiling vents send attic odors into house make custom cover plates and seal vent holes 68. attic entry plate difficult to move make new entry plate and install 69. large hole in textured concrete wall around light switch in entryway research and find super large oversize cover plate •in Texas 70. wasted energy frOm extra steam loop cut and reroute steam heat loops 71. steam valves rusted cut away and replace valves 72. steam furnace needs overhaul take apart, clean, rebuild steam furnace 73. steam pipes leaking patch pipes 74. furnace controls not working diagnose and isolate faults, repair, recalibrate 75. large hole in kitchen tile wall ' find appropriate period tile and cover hole 76. old, rusted pipes and valves causing natural gas leak replace with new pipes and valves 77. house cannot be used during major restoration work maintain vacant house during 14 month major restoration work 78. for future, maintain structure in accordance with Mills Act City of National City, California COUNCIL AGENDA STATEMENT CiEETING DATE December 3, 2002 10 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL GIVING NOTICE OF INTENT TO VACATE 9TH STREET BETWEEN ROOSEVELT AVENUE AND NATIONAL CITY BOULEVARD (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) (CASE FILE NO.: SC-2002-2) PREPARED BYJon Cain �J DEPARTMENT Planning EXPLANATION The Community Development Commission (CDC) requested the vacation of 9th Street between Roosevelt Avenue and National City Boulevard. The area is improved right-of-way located in the center of the two - block Education Village project area. CDC owns or has acquired a legal interest in all of the adjacent properties; consequently, ownership of the right of -way will revert to CDC if the vacation is approved. The action is requested so that right-of-way may become part of the developable area of the Education Village. The Planning Commission conducted a public hearing on this item and recommends approval of the street vacation. The next step in the process is Council adoption of a resolution setting a public hearing. Environmental Review N/A Negative Declaration Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION RiP Staff concurs with the decision of the Planning Commission and recommends that the attached resolution be adopted to schedule a December 17 public hearing for the street vacation request. BOARD/COMMISSION RECOMMENDATION e ammngCommission vote to recommen approval of the street vacation. Vote: Ayes — Flores, Ungab, Parra, Baca, Reynolds, Graham Absent— Martinelli ATTACHMENTS ( Listed Below 1. Resolution 2. Location Map Resolution No. 2002-177 A-200 (9/99) RESOLUTION NO. 2002 - 177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO VACATE A PORTION OF 9T" STREET BETWEEN ROOSEVELT AVENUE AND NATIONAL CITY BOULEVARD. APPLICANT: NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION CASE FILE NO. SC-2002-2 WHEREAS, the City Council of the City of National City, California, hereby declares its intention to vacate, pursuant to the provisions of Part 3 of Division 9 of the Streets and Highways Code of California, a portion of 9th Street between Roosevelt Avenue and National City Boulevard in the City of National City, more particularly described in Exhibit "A", attached hereto and incorporated herein as though set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the time for hearing any and all persons interested in or objecting to the proposed vacation is hereby set for 6:00 p.m., December 17, 2002, in the City Council Chambers in the Civic Center in the City of National City, California. BE IT FURTHER RESOLVED that the City Engineer of the City of National City, California is hereby directed to post notice of the passage of this Resolution and the time and place of hearing in accordance with law. PASSED and ADOPTED this 3rd day of December, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: //J liGtmtx. George H. Eiser, HI City Attorney Nick Inzunza, Mayor NINTH STREET - STREET VACATION LEGAL DESCRIPTION THAT PORTION OF NINTH STREET LYING BETWEEN BLOCK 9 AND BLOCK 10 OF NATIONAL CITY* REFILED IN THE CITY OF. NATIONAL crry, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER. 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 9; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BLOCK 9 AND THE WESTERLY LINE OF NATIONAL AVENUE TO THE NORTHEAST CORNER OF SAID BLOCK 10; THENCE ALONG THE NORTH LINE OF SAID BLOCK 10 AND SOUTH LINE OF SAID NINTH STREET TO THE NORTHWEST CORNER OF SAID BLOCK 10; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID BLOCK 10 AND EAST LINE OF ROOSEVELT AVENUE TO THE SOUTHWEST CORNER OF SAID BLOCK 9; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 9 AND NORTH LINE OF SAID NINTH STREET TO THE SOUTHEAST CORNER OF BLOCK 9 AND THE POINT OF BEGINNING. EXHIBIT 4Vi" LIPROJECTS10200AdmisaLegahN9TH TVACA1E.dOt to hsveek t , skseek, gbh STREET VACATION AREA ZONE BOUNDARIES Education Village Street Vacation SC-2002-2 NATIONAL CITY PLANNING DRN. DATE: 11/20/02 INITIAL HEARING: 11/18/02 cEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 3, 2002 11 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION APPROVAL OF ESTOPPEL CERTIFICATE FOR AMERICAN GOLF CORPORATION JIM RUI DEPARTMENT Parks and Recreation American Golf Corporation, the operator of the Las Palmas Golf Course pursuant to a lease with the City, has agreed to be purchased by an investor group led by Goldman Sacha and Starwood Capital. American Golf has been requested by the buyer to obtain an "Estoppel Certificate" from the City, stating that the lease is still valid, that American Golf is not in default, and stating the rent amount. Environmental Review X N/A Financial Statement Finance Director N/A STAFF RECOMMENDATION Authorize Director of Park and Recreation to execute Estoppel Certificate. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Letter from American Golf Corporation. Resolution No. A-200 (9:99) American Golf Corporation® November 22, 2002 CER LINED MAIL RETURN RECEIPT REQUESTED' City of National City Parks & Recreation Department 140 East 12th St - Ste A National City, CA 91950-3312 Attn: City Attorney RE: Las Palmas Municipal Golf Course Ladies and Gentlemen: As you know, American Golf has agreed to be purchased by an investor group led by Goldman Sachs and Starwood Capital (collectively, the "Buyer"). We are pleased to report that the transaction is moving forward and we are working toward a closing before the end of this year. In anticipation of the closing, American Golf has been requested by the Buyer to forward the attached customary Estoppel Certificate to you for your review and signature.. As you will see, the Estoppel Certificate is very straightforward and asks for confirmation of the validity of the lease, that there are no defaults, and the rent amount. We ask that you please execute the Estoppel Certificate and return it to Dona Tanaka via facsimile at (310) 664-6165, with the original to follow by mail addressed as follows: Dona Tanaka Senior Paralegal 2951 28th Street Suite 3000 Santa Monica, CA 90405 Thank you for your prompt attention to this matter. We would very much appreciate receiving your signed Estoppel Certificate by no later than December 5th. 2951 - 28th Street • Santa Monica, California 90405 •Tel (310) 664-4000 • www.americanaolf.com Wl701128v1 City of National City November 22, 2002 Page 2 Please do not hesitate to contact me at (310) 664-4456 or Dona Tanaka (310) 664- 4292 if you have any questions regarding the Estoppel Certificate. Sincerely, OP I David Pillsbury President AMERICAN GOLF CORPORATION • 2951 — 28th Street • Santa Monica, California 90405 • Telephone (310) 664-4000 ESTOPPEL CER American Golf Corporation 2951 28a' Street Suite 3000 Santa Monica, CA 90405 RE: Lease and Operating Agreement of Las Palmas Municipal Golf Course by and between City of National City and American Golf Corporation (the "Agreement") Ladies and Gentlemen: Please refer to the documents listed on Exhibit A hereto (collectively, the "Lease Documents") with respect to the property commonly known as Las Palmas Municipal Golf Course (the "Property"). The undersigned (the "Owner") does hereby certify to American Golf Corporation ("Tenant") and (subject to the provisions of the Lease Documents) its successors and assigns and to GMAC Commercial Mortgage Corporation and its successors and assigns, that as of the date hereof (a) Attached hereto as Exhibit A is true, correct and complete list of the Lease Documents, and none of the Lease Documents have been supplemented, amended, modified or superseded since their original execution, and no other agreements or understandings exist with respect to the Property that are not integrated with the Lease Documents. (b) Each of the Tease Documents is in full force and effect and cover all or part of the Property as specified therein. (c) To Owner's knowledge, there are no uncured defaults on the part of the Tenant under any of the Lease Documents, and, to Owner's knowledge, there are no events that have occurred that, with the giving of notice or passage of time or both, would constitute a default by Tenant thereunder, and at the present time, to the Owner's knowledge, Tenant has no disputes against Owner under any of the Lease Documents. (d) Tenant is the current holder of Tenant's interest with respect to the Property under the Lease Documents. Tenant is currently paying $5,000 per month in base rent and in the month of October, 2002, paid $11,594 in total rent (including percentage rent, if any) (provided, however, that Owner reserves any rights it has under the Lease Documents, if any, to conduct audits in respect of the Property). All monetary obligations due under the Lease Documents to date have been fully and currently paid, and to Owner's knowledge, all other obligations on the Tenant's part to be performed to date under the Lease Documents have been performed. IN WITNESS WHEREOF, Owner has duly executed this Estoppel Certificate effective as of this ___ day of 2002. City of National City By: Name: Title: National City Golf Course/Las Palmas Exhibit A Lease Documents 1. Lease and Operating Agreement dated May 3, 1984 2. Amendment to Agreement dated. July 2, 1985 3. Amendment to Agreement dated June 6, 1989 4. Amendment to Agreement dated June 26, 1990 5. Amendment to Agreement dated March 7, 1995 6. Amendment to Agreement dated February 16, 2002 7. Assignment and Delegation Agreement dated October I5,.2002 City of National City, California COUNCIL AGENDA STATEMENT QEETING DATE December 3 2002 AGENDA ITEM NO. 12 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL AMENDING THE LIST OF IDENTIFIED HISTORIC SITES IN NATIONAL CITY TO INCLUDE THE CORONADO BELT LINE RIGHT- OF-WAY PREPARED BY Jon Caiii 12 DEPARTMENT Planning EXPLANATION At the November 19 Council meeting, representatives of the National City Historic Society requested that the Coronado Belt Line right-of-way be added to the City's list of historic sites. The historic qualities of this portion of rail line are documented by Alexander Bevil in a report dated April 2001. The Coronado Belt Line runs from National City south to Chula Vista and Imperial Beach. The National City portion begins on the west side of Interstate 5 just north of 12th Street. It extends south through the City and enters Chula Vista at the Sweetwater River flood control channel, as shown on the attached map. National City maintains a list of identified historic sites in the City, which was last amended by the Council in August 1998. Adoption of the attached resolution would update the list to include the portion of the Coronado Belt Line right-of-way located in National City. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the attached resolution's ' BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map '. Memo from Executive Director, Community Development Commission' A-200 (9/99) Approved By: Finance Director Account No. 2002-178 Resolution No. RESOLUTION NO. 2002 - 178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE LIST OF IDENTIFIED HISTORIC SITES IN NATIONAL CITY TO INCLUDE THE CORONADO BELT LINE RIGHT-OF-WAY WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to the list of identified historic sites in National City to accommodate changing needs; and, WHEREAS, the General Plan calls for continuing support of historic preservation efforts; and, WHEREAS, a report prepared by Alexander Bevil, dated April, 2001, identifies the Coronado Belt Line right-of-way as an historic resource. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends the list of identified historic sites in National City as further described by the list attached hereto as Exhibit "A" to include the Coronado Belt Line right-of- way. PASSED and ADOPTED this 19th day of November, 2002. Nick inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Resolution 2002 — 178 December 3, 2002 Page Two Identified Historic Sites in. National City National Register (date filed) Brick Row 7/16/73 St. Matthew's Episcopal Church 10/25/73 Granger Music Hall 3/18/75 Santa Fe Depot 4/18/96 (California Southern Terminus Depot) Locally Designated 907 A Avenue 921 A Avenue 939 A Avenue 538 C Avenue 907 D Avenue 1108 D Avenue 540 E Avenue 305 F Avenue 341 F Avenue 405 G Avenue 437 G Avenue 1735 J Avenue 1515 L Avenue 2525 N Avenue 636 E. 2nd Street 926 E. 7th Street 3600 E. 8th Street 2202 E. 10th Street 1129 E. 16th Street 539 E. 20th Street 1504 E. 22nd Street 541 E. 24th Street 1430 E. 24th Street 1433 E. 24th Street 1941 Highland Avenue 425 Shell Avenue Josselyn House Significant Buildings Elizur Steel/Crandall/Ennis House Frank Kimball. House John Proctor House Pinney House Boyd- Vurgason House Fred Copeland House William Burgess House Mitchell -Webster House Tyson House Doctor's House George Beermaker House George Kimball House Oliver Noyes House John Steele House Barber-Ferbita House Wellington Estate Tower House of Moses Kimball Mrs. Eimar Home Charles Kimball House D. K. Horton House Olivewood Clubhouse Wallace Dickinson House Dickinson Boel House Floyd Home 906-940 A Avenue 521 E. 8th Street 1615 E. 4th Street 900 W. 23rd Street Other Locally Designated Significant Sites Coronado Belt Line right-of-way EXHIBIT "A" MEMORANDUM November 26, 2002 To: Mayor Inzunza and Members of the City Council From: Paul Desorchers, Executive Director, and Community Development Commission Subject: Historic Designation of Coronado Belt Line The designation of the Harrison Ave. rail right of way as a local Historic Preservation site is encouraged within certain parameters. Designation would enhance the CDC's Historic Depot as a place to visit and experience transportation of another era. However, on both sides of Bay Marina Way, from 500'north of 2311 St. to the boundary of the Paradise Marsh on the south are properties owned by the CDC that are available for sale and redevelopment. Historic designation of the rail line in this area should be limited to tourist related excursions that is controlled or coordinated by a local group responsible to the city. Heavy rail traffic should not be allowed on this stretch of track as it would inhibit all but industrial development on the affected properties. k \ • Required information § \ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 3, 2002 AGENDA ITEM NO. 13 ITEM TITLE APPROVAL OF AGREEMENT FOR ADVOCATE SERVICES PREPARED BY Park Morse, Assistant City Manager EXPLANATION See Attached Report City Manager Environmental Review ✓ N/A Financial Statement Funding is provided for in the non -departmental account. STAFF RECOMMENDATION Approve the agreement and authorize Mayor to sign. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Exhibit A—FY 02-03 Budget Program Change Exhibit B—RFQ—Legislative Advocate Exhibit C—Letter from Joe A: Gonsalves & Son Exhibit D-Letter from Joe A. Gonsalves & Son Account No. 001-409-000-213 Resolution No. 2002- 179 Exhibit E—Clients of Joe A. Gonsalves & Son Exhibit F— Lobbying Activity -Joe A. Gonsalves & Son Exhibit G—Agreement Exhibit H—Resolution A-200 (9/80) r • History In July 1995, the City Council first entered into a legislative advocacy agreement with The Wilson Group, a Sacramento -based lobbyist. That agreement continued until June of 1997, when it was modified to a month -to -month agreement. In May, of 1999, the City terminated its agreement completely. During the agreement life there was controversy relating to how The Wilson Group represented the City's interests. Several attempts at RFQs (Request -for -Qualifications) over the years proved unsuccessful and the City elected to let time pass and try the advocacy market at a later date. At budget hearings on the FY 02-03 Budget, the City Council reaffirmed its interest in securing` a lobbyist to represent the City in Sacramento. Staff presented and the City Council approved a "5-Point-Plan" (Attachment A)xto select a new lobbyist. Perhaps, in view of the City's history with the former provider, a core element of the new plan was a Council decision that the firms should be screened, interviewed and selected by Staff. A summary of the approved plan follows: 1. Keep the previous budget authority intact 2. Council to review an updated RFP (Request -for -Proposal) 3. Staff to identify small number of providers and solicit SOQs '(Statement -of - Qualifications) 4. Staff to interview firms 5. Staff to negotiate a' contract with the recommended provider. Process A Staff committee was formed to work on this project. ` It consisted of the: City Manager, City Attorney, Management Analyst, CDC Executive Director and the Assistant City Manager. At the August 6, 2002, City Council meeting, Staff presented an updated RFQ. The City Council suggested several changes including: • adding conflict language relative to nearby government agencies • looking for advocates who had client agencies with similar redevelopment needs • experience with similar economic and cultural demographics, and • those advocates with client cities in urban core areas The revised RFQ (Attachment B)was then sent to four firms. Staff selected the four based on criteria set'in the updated RFQ and general knowledge and references about the four. The firms were: 111502Advocate.doc • Kenneth Emanuels & Associates • Joe A. Gonsalves & Son • Mike Arnold & Assoc. • Linda Morshed & Assoc. • Selection Each of the firms responded with SOQs and was interviewed by the committee during September and October. Each ofthe four had ,a different strength and a different way of approaching advocacy, and each appeared to be welt qualified. After several Staff review meetings the decision was made to `concentrate on the firm of Joe A. Gonsalves & Son. (Two of the firm's letters responding to our RFQ appear as Attachments C and D.) A number of reference contacts were made and the reviews came back exceptionally well. Joe A. Gonsalves & Son, led by the late founder's son, Anthony Gonsalves, appears to be well suited to represent us. Among the firm's strengths were: • Is actively committed to keeping local government revenue local and demonstrated that by being `at -the -table'; as last Session's AB680, the Sacramento regional sales tax redistribution bill, was being crafted and, ultimately shelved. • Has a mix of client cities(Attachment E) many of whom are similar to National' City in terms of: reliance on sales tax, similar economic and cultural demographics, uses of redevelopment, and; the presence, of regional malls and auto parks. • Has been in business in Sacramento since 1975, and references describe the firm as being extremely well connected on both the political and administrative scene in Sacramento. • The number of cities the firm represents allows them to argue legislative. impact from a sizable base of client cities spread geographically around the State. Staff is unanimous in its recommendation that the City retain the Gonsalves firm. • Conflict of Interest Review After our history with the last provider, the City Council has taken a particular interest in potential conflicts of interest with possible advocates. As a direct result of some of those difficulties"the proposed agreement not only contains a .30-day termination clause but a conflict of interest stipulation (Section 14). In 111502Advocate.doc addition, the City's revised RFQ specifically admonishes proposers that the City will be concerned about simultaneous representation of Chula Vista, San Diego, the County of San Diego or the Unified Port District. Staffs review of the firm's client cities does not point to any conflicts. Within San Diego County, the firm's only government clients are Carlsbad and Vista. The firm does represent the ports of Long Beach and Stockton, however, this might be to our future advantage. The Secretary of State's Report on Lobbying Activity is attached as Attachment F. Agreement When this process first began several years ago the Council suggested that the agreement run in tandem with the Legislature's term. On December 2, the Legislature began their 2-year term and the agreement would, likewise be for a 2-year period running through November 30, of 2004. For the first 12-months of the agreement the fixed monthly retainer would be $3,500 ($42,000 annually). For the second 12-months, the retainer could go to no more than $4,000 per month ($48,000 annually). The agreement with the previous provider had the City paying $3,333 monthly ($39,996 annually) at its conclusion in 1999. Sufficient funds are currently budgeted in the City's non -departmental account for the duration of this fiscal year. Should the agreement be approved tonight, the upcoming FY 03-04 Proposed Budget will reflect the resources required by this agreement. The proposed agreement is provided as Attachment G. 111502Advocate.doc Exhibit A June 11, 2002 FY 02-03 Budget Program Change — Legislative Representation in Sacramento • We introduced the Program Change to get some discussion going on the need for an advocate , • Council recently expressed interest in continuing the advocate • The Council should first decide if the selection is to be handled thru the political process or as a managerial recommendation • In surveys we have seen, we are unable to identify another agency where the advocate is selected by or reports to the elected body. • In the cities of which we are aware, this is handled as a typical professional services contract where the provider is selected by the City Manager with a contract approved by the City Council and then reporting to the City Manager. • If this is the City Council's preference then we have an outline ready on how to accomplish this. If the City Council prefers to retain an advocate in Sacramento then Staff would recommend the following: 1. Reverse the Program Change and restore the $40,000 to the budget. Current estimates for this service run from $40,000 to $60,000 so some augmentation may later be required. 2. Staff needs to freshen up the last RFP we released and then it would be good to have the City Council re -approve the document. 3. Staff would then identify a very limited number of firms that we believe have some fit with us and invite them to submit either an RFP or an SOQ. Staff does not plan to solicit from the former provider. 4. Staff interviews of the best firms will be held. 5. Staff would then negotiate a contract with the one firm that best meets our needs and bring the contract back to Council for approval. Any additional budgetary allocation would be resolved at that time. Exhibit B via e-mail August 8, 2002 REQUEST FOR STATEMENTS OF QUALIFICATIONS - LEGISLATIVE ADVOCATE The City of National City is invit'ing,. 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 Citys 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 August 8, 2002 Page 1 of 5 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-fo 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 August 23, 2002, and be 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, Il. Scooe of .Setices - The following professional services .are sought. • Monitoring of proposed State legislation to identify bills that could have a significant impact on the City andreport 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 August 8, 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 • Prepare briefing materials, provide briefings and arrange appointments City elected officials and staff as they travel to Sacramento in furtherance of the City's legislative program • Advise the Cityconceming grants and other funding opportunities for proposed/needed City projects and assist the City in securing fundingwhere 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 Managers Office National Cify, CA 071102AdvocateRFQ August 8,2002 Page..3of5 • Permanent campus for SDSU/Southwestern 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, willbe asked to; provide additional information including but not limited to thofollowing: • Proposed annual cost to provide services. • A description of how the consultant proposes to provide services to the City • A statement asto 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 bythe 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 • Experience working with urban cores cities similar to. National City (e.g.: in terms of demographics, economics and the importance of redevelopment) City Manager's Office National City, CA 071102AdvocateRFQ August 8, 2002 Page 4 of 5. • Potential conflicts resulting from obligations to other clients such as the cities of Chula Vista and San Diego, the County of San Diego and the San Diego Unified Port District. • 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 proposer • 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 tobe 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 August 8, 2002 Page 5 of 5 Eihibit Joe A. Gonsalves & Son Anthony D. Gonsalves Jason A. Gonsalves PROFESSIONAL LEGISLATIVE REPRESENTATION 825L ST. • muse SACRAMENTO, CA 95814-3786 91a44148/17 FAX MA 4414061 Ea goefiakiMPaebd•set August 22, 2002 Mr. Park Morse,• Assistant City Manager City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Morse: As requested, 1 have enclosed a proposal introducing you and your Council to our firm. Our firm was founded by my father, Joe A. Gonsalves, in 1975. He served as a member of the California State Assembly from 1962 through 1974. Prior to that he served as a Dairy Valley Council Member including two years as Mayor of the city of Dairy Valley, which is now the city of Cerritos. I joined the firm in January of 1977. I was previously employed for a year and one-half by the California State Senate. Shortly after I joined the firm, we incorporated; and we are now known as Joe A. Gonsalves & Son. In December of 1998 my son, Jason, joined the firm to assist us with our lobbying efforts. That gave our firm the proud distinction of being the first to have three generations of legislative advocates working on behalf of their clients, which continued until my father passed away in July 2000. Our firm continues the proud tradition of being one of the more prominent and successful firms in Sacramento. We have three capable assistants, and our office has taken full advantage of ail of the latest technology, which includes Computers, Internet, and E-mail. We have contracts with State Net, AT&T Broadband, and the State of California. These services provide us with up-to-date legislative information and the complete legislative bill service. We are able to monitor all committee hearings held at the State Capitol from our office by audio or visual means as they occur, which benefits the clients we represent. 0 Mr. Park Morse, Assistant City Manager Page 2 August 22, 2002 I have enclosed a list of our present clients. As you can see, we do represent a large. number of cities. We believe the reason our cities' client list has grown over the years is our ability to provide the desired service. I have also enclosed an article about our firm that ran in the May 24, 1999, issue of The Sacramento Bee Newspaper and various other articles and letters, I thought might be of interest to you. We also represent a very distinguished, group of clients other than cities. For example, the Del Mar Thoroughbred Club, operating the most successful race meet in the United States. Also, the Port of Long Beach, the number one port in the United States, doing more container movement than any other port. We also. represent the California Producer -Handler Association of which Foster Farms is a member. Foster Farms is one of the largest dairy operations in the State. I feel strongly that itis this blend of special people who make us effective before the California Legislature. Even though we have a large client base of cities, we have been very careful over the years to only respond to proposals from cities that have the same characteristics or similar interests with the rest of our client cities. We feel this is the only way wecan be effective in representing our client cities on the major issues that come before the Legislature (i.e.: fiscal reform). The City of National City's number one revenue source, like the other 47 cities we represent, is sales tax. Therefore, we remain adamantly opposed to any change in the Bradley -Burns local sales and use tax formula. We pride ourselves on being able to deliver individual service to each of our client cities. Even though the City of National Citymay belong to organizations such as the League of California Cities there are issues that may only affect the City of National City that can not be addressed by those organizations. As, an example, thispast legislative session we successfully sponsored SB 766 for the city of South Gate. This bill allowed South Gate to, expand their Redevelopment Agency to include a proposed school site, which was abandoned by the,Los Angeles Unified School District without having to go. through a lengthy and costly CEQA process. We have many more examples of our work on behalf of cities including the securing of funding for transportation, parks, senior housing, etc. Enclosed for your review a copy of the standard. contract. If you have any changes you would like to make in the contract, please feel free to discuss those with me. Youwill note our contract contains a 30-day cancellation clause; and we areconfident once you retain our services, you will not be terminating us. Also enclosed is an authorization form (Form 602) that must be filed with the Secretary of State's office. Mr. Park Morse, Assistant City Manager Page 3 August 22, 2002 You will note in our contract that we charge a retainer on a monthly basis. The retainer is all inclusive of the services we would provide for the City of National City. We do not charge for any additional costs unless the City requires us to meet outside of Sacramento. Our contract lists the scope of services we provide for our client cities in very general terms. We purposely do that to ensure that each city has the flexibility to request any services they may require in Sacramento such as initiate meetings with legislators, Governor's office or other various state departments. Our firm operates on a very personal and professional level, always working hard to accomplish our clients' goals which is reflected in my father's words that was the lead in an LA Times article regarding lobbyists; "Lobbyists are like parachutes. You don't need them very often, but when you need them, they'd better work." I would recommend you, your Mayor, City Council Members, and City Staff contact any Legislators and ask them about our firm. In addition, we encourage you to discuss our representation with any of our clients. We want you to know that we would be most pleased to represent the City of National City as your legislative advocates. Sincerely, NY D. GONSALVES ADG/dj Enclosures • 'ExlibtD • Joe A. Gonsalves 81 Son Anthony D. Gonsalves Jason A. Gonsalves PROFE'SSIOLW.IEGF31AAlVEPAEP SEfFA1IOI( 8261ST. • SBOTE750 • SACRABExNTD,. CA258143766 t*0146.7 FAX016 M46181 October 7, 2002 Mr. Park Morse City of National City 1243 National City Boulevard National City, CA 91950 Dear Park: It was a pleasure meeting with you and the selection committee on September• 26 regarding our firm representing the city of National City. In the materials we previously submitted to the City we pointed out that we are very selective on responding to RFQ to help eliminate the potential of conflicts. Our firm has been representing cities throughout the State of California since 1975. All of our client cities in particular are very strong advocates in supporting the current Bradley -Burns Sales Tax Distribution and strongly oppose any changes in the current situs formula. We have had the good fortune of not having any substantial conflicts except for the one conflict I mentioned during the interview regarding a city trying to get land use authority within another city on the sighting of a material recovery facility. As I indicated the city had left us for a couple of years during that conflict, but after the issue was resolved they came back and are currently a client of ours.. I understand there was a bill that allowed the Port of San Diego to have some land use authority the city was opposed to. I have found in representing the Port of Long Beach and the Port of Stockton they have not had any conflicts with our client cities and. have not tried to obtain land use authority outside of the ports themselves and most of their legislation has been tailored just for those two ports. Therefore I don't believe there would be a conflict representing your City on any particular issue with the Port of San Diego. Although it is hard to predict any potential conflicts with our other client cities, I believe, our client cities actually compliment each other and supported each other during the legislative process. I believe the background material and contract we provided to your city describes how we provide our services to our individual clients. Each client is different though, and National City may have some particular interest or issues that will require us to tailor our service to your satisfaction. We also provide our services at a very reasonable cost. In the contract we submitted to your City we requested a monthly retainer of $ 4,000 all inclusive of our services. The only additional cost you would incur is if your city requests our firm to attend a meeting outside of Sacramento. As you are aware our work is truly in Sacramento. We lobby the members of the Legislature, and we work with administrations and various departments within the California State Government and that requires us to spend our time here. I encourage your City to contact any of our clients, whether its cities or private clients and ask them about our services and how responsive we are to their individual requests, I think you will be very pleased with their responses. We hope to have the opportunity to• work with you in the future by representing the city of National City here in Sacramento. Sincerely, NTHI GONSALVES ADG/sl Joe A. Gonsalves & Son Anthony D. Gonsalves Jason A. Gonsalves PROFESSIONAL LEGISIXIIVE REPRESENTATION 11251, St • MEIN • 3ACRAMEN1D, CA99104756 tie 441407 • FAX Fame goasilrepatbalet CLIENTS OF JOE A. GONSALVES & SON ABC FOUNDATIONPROGRAMS 2901 W. Mac Arthur Blvd, Suite 208 Santa Ana, CA 92704 Lon Sanjuan, President John Hundley, C.E.O. (714) 4 • • • s o CALIFORNIA PRODUCER -HANDLER ASSOCIATION 313 Casa Linda Drive Woodland, CA 95695 Amos DeGroot, President (530) 662-1228 DEL MAR THOROUGHBRED CLUB VIA De La Valle & Jimmy Durante Post Office Box 700 Del Mar, CA 92014-0700 Joe Harper, Pres. & Craig Fravel, Executive VP John Mabee, Chairman of the Board (858) 755-1141 LA BARRE —CifASTANG, INC. 2901 W. Mac Arthur Blvd., Suite 208 Santa Ana, CA 92704 John Hundley, C.E.O. Lori Sanjuan, President (714) 429-9900 OAK TREE RACING ASSOCIATION P. O. Box 60014 Arcadia, CA 91066-6014 (714)645-5111 Sherwood Chillingworth, Executive Vice President (626) 574-6345 . , ExarBrr E THE PORTUGUESE GOVERNMENT 3298 Washington Street San Francisco, CA 94115 Dr. Augusto Jose Pestana SaraivaPeixoto, Consul General (415) 346-3400 PORT OF LONG BEACH 925 Harbor Plaza Long Beach, CA • s Gustav Hein, Executive Secretary (562) 5904.104 PORT OF STOCKTON Post Office Box 2089 Stockton, CA 95201-2089 Rick Aschieris, Port Director (209) 946-0246 PROFESSIONALCHARROS ASSOC. Post Office Box 66 San Fernando, CA 91340 Eddie Milligan (818) 896-6514 ROCIWIEW DAIRIES, INC. 7011 East Stewart and Gray Road Post Office Box 668 Downey, CA 90241-0668 Amos DeGroot, President (562) 927-5511 SAN GABRIEL VALLEY WATER ASSOCIATION 725 N. Azusa Avenue Azusa, CA 91702 Carol Williams, Watermaster (626) 815-1305 STUEVE'S NATURAL INC. 8300 Pine Avenue Chino, CA 91710-9239 Boyd Clarke, President (909) 393-0960 CLIENT CITIES CITY OF ARCADIA P. O. Box 60021 Arcadia, Ca 91066 William R. Kelly, City Manager (626) 574-5401 CITY OF BEAUMONT 550 E. Sixth Street Beaumont, CA 92223. Alan Kapanicas — City Manager. Patrick Smith — Asst. City Manager (909) 769-8520 CITY OF BELLFLOWER 16600 Civic Center Dnve Bellflower, CA 90706-5494 Mike Egan, City Administrator: (562) 804-1424 CITY OF CAMARILLO 601 Carmen Drive Camarillo, CA 93011 Jerry Bankston, City Manager (805) 388-5307 CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008-1989 Ray Patchett, City Manager (760) 434-2821 CITY OF CERRITOS P. O. Box 3130 Cerritos, CA 90703-3130 Art Gallucci, City Manager (562) 916-1311 CITY ORICHINO HILLS 2001 Grand Avenue Chino Hills, CA 91709 Douglas La Belle, City Manager (909) 364-2610 CITY OF COMMERCE 2535 Commerce Way Commerce, CA 90040-1487 Tom Sykes, City Administrator (213) 722-4805 CITY OF CONCORD 1950 Parkside Drive Concord, CA 94519 Ed James, City Manager (925) 671-3150 CITY OF cuuteRart 9770 Culver lEavd. Bak 507 Culver City, CA 90232-0507 Felicia Brannon — Intergovernmental Relations Director Michael Thompson — City Manager Susan Lipman — Grants Admin. (310) 253-5851 CITY OF DIAMOND BAR 21825 E. Copley Drive Diamond Bar, CA 91765-4177 Linda Lowry, City Manager Jim De Stefano — Asst. City Manager (909) 396-5668 CITY OF ELK GROVE 8400 Laguna Palms Way Elk Grove, CA 95758 John Danielson - City Manager Terry Fitzwater — Asst. City Manager (916)683-7111 CITY OF FAIRFIELD 1000 Webster Street Fairfield, CA 94533 Kevin O'Rourke, City -Manager (707) 428-7400 CITY OF FOLSOM 50 Natoma Street Folsom, CA 95630 Martha Lofgren, City Manager Joe Luchi, Asst. Cit)r Manager (916) 355-7200 CITY OF FONTANA 8353 Siena Avenue Fontana, CA 92335. Kenneth R. Hunt, City Manager (909) 350-7654 CITY OF HAWAIi..GARDENS AND COMMUNITY REDEVELOPMENT AGENCY 21815 Pioneer Boulevard Hawaiian Gardens, CA 90716-1299 Anthony B. Lopez, City Administrator (562) 420-2641 CITY OF INDUSTRY Post Office Box 3366 15651 East Stafford Street Industry, CA 91744-3366 Phil Iriarte, City Manager (626) 333-2211 INDUSTRY URBAN -DEVELOPMENT AGENCY Post Office Box 7089 15651 East Stafford Street Industry, CA 91744-3366 (626) 961-6341 CITY OF IRWINDALE AND IRWINDALE REDEVELOPMENT AGENCY 5050 North Irw ndale Avenue Irwindale, CA 91706 Steve Blancarte, City Manager (626) 430-2217 CITY OF -LA MI tADA AND LA IRADA ® LOPMENT AGENCY 13700 La Mirada Boulevard La Mirada, CA 90638-3099 Andrea Travis, City Manager John DiMario, Asst City Manager (562) 943-0131 CITY OF LAGUNA. HILLS 25201 Paseo De Alicia,Ste. 150 Laguna Hills, CA 92653 Bruce Charming, City Manager (949) 707-2600 CITY OF LAGUNA NIGUEL 27801 La Paz Road Laguna Niguel, CA 92677 Tim Casey, City Manager (949) 3624300 CITY OF LAKEWOOD 5050 Clark Avenue Lakewood, CA 90712 Howard Chambers, City Manager (562) 866-9771 '7 CITY OF LA 14717 S. Burin Avenue Lawndale, CA 90260 Vangie Schock — City Manager Eric Hassel - Asst. City Manager (310) 970-2100 CITY OF MONTEREY PARK 320 W Newmark Ave Monterey Park, CA91754 Chris Jeffers, City Manager (626) 307-1257 CITY OF MORENO VALLEY P. O. Box 88005 14177 Frederick Street Moreno Valley, CA 92552-0805 Gene Rogers, City Manager (909) 413-3008 CITY OF NORWALK 12700 Norwalk Boulevard Norwalk, CA 90651'-1030. Ernie Garcia, City Manager (562) 929-5700 CITY OF PALM DESERT 73-510 Fred W _ ' = s Drina Palm Desert, CA 92260 Carlos Ortega, City Manager Sheila R. Gilligan, Asst. City Mgr. (760) 346-0611 CITY OF PALMDALE 38300 Sierra Highway Ste. D Palmdale, CA 93550-4798 Robert W. Toone, Jr., City Administrator (661) 267-5100 CITY OF PARAMOUNT. 16400 Colorado Avenue Paramount, CA 90723-5050 Pat West, City Manager (562) 220-2000 CITY OF PITTSBURG 65 Civic Avenue Pittsburg, CA 94565 Willis Casey, City Manager (925) 252-4850 CITY OF PLEASANT HILL 100 Gregory Lane Pleasant Hill, CA 94523-3323 Mike Ramsey, City Manager (925) 671-5267 • CITY OF RANCHO CUCAMONGA 10500 Civic Center Die Rancho Cucamonga, CA 91730-3802 Jack Lam, City Manager (909) 477-2700 CITY OF REDDING P. O. Box 496071 Redding, CA 96049-6071 Michael Warren, City Manager (530) 225-4060 CITY OF ROSEMEAD 8838 East Valley Boulevard Rosemead, CA 91770-1787 Bill Crowe, City Manager (626) 288-2400 CITY OF ROSEVILLE 311 Vernon Street # 204 Roseville, CA 95678 Allen Johnson — City Manager Craig Robinson Asst. City Manager (916) 774-5204 CITY OF SAN BUENAVENTURA 501 Poll Street, P.O. BOx'99 Ventura, CA 93002-0099 Donna Landeros, City Manager (805) 654-7740 CITY OF SANTA FE SPRINGS 11710 E. Telegraph Road Santa Fe Springs, CA 90670 Fredrick Latham, City Manager (562) 868-0511 CITY OF SARATOGA 13777 Fruitvale Ave Saratoga, CA 95070 Dave Anderson, City Manager (408) 868-1213 CITY OF SIMI VALLEY 2929 Tapo Canyon Road Simi Valley, CA 93063-2199 Mike Sedell, City Manager (805) 583-6701 CITY OF SOUTH GATE AND SOUTH GATE COMMUNITY REDEVELOPMENT AGENCY 8650 California Avenue South Gate, CA 90280-3075 Ruben Lopez, Dep. Dir. of RDA Jesse Marez — City Manager (323) 563-9500 CITY OF OAKS 2100 Thousand Oaks Blvd. Thousand Oaks, CA 91362 MaryJane Lazz, City Manager (805) 449-2121 CITY OF VERNON 4305 Santa Fe Avenue Vernon, CA 90058 Bruce Malkenhorst, City Administrator (213) 583-8811 CITY OF VICTORVILLE P. O. Box 5001 Victorville, CA 92393 Jon Roberts, City Manager (760) 955-5026 (760) 955-5025 Direct Line CITY OF VISTA 600 Eucalyptus Avenue Vista, CA 92085 Rita Gelded, City Manager. Staci Sullivan, Assistant (760) 726-1430 Ext. 1401 CITY OF WEST SACRAMENTO P. O. Box 966 2101 Stone Boulevard West Sacramento, CA 95691 Carol Richardson — Interim City. Manager Larry VonlKaenel, Asst. City IVIanager (916) 373-5800 CITY OF YORI3A UNDA P. O. Box 87014 Yorba Linda, CA 92885 Terrence Belanger, City Manager (714)961-7110 CITY OF YUBA art 1201 Civic Center Blvd. Yuba City, CA 95993 Jeff Foltz, City Manager (530) 822-4601 (Revised 8/22/02) ir California Secretary of State - CalAccess Page 1 of 3 ELECI7EINS & E'El :3:fT'cpL CALIFORNIA. SECRETARY OF STATE BILL JONES Cal -Access Lobbying Activity GONSALVES & SON, 30E A. View: €)General Information r Finandal Activity Legislative Session: €Current Session.- 2001/2002 ("Previous Session 1999/2000 Campaign Lobbying Finance Activity H -a Home E,x111BIT F Lobbying firms contract to represent one or more clients. The firm's clients are listed here. ADDRESS 925 L STREET, SUITE 250 SACRAMENTO, CA 95814 Phone: (916)441-0597 Filing History RESPONSIBLE OFFICER ANTHONY D. GONSALVES, PRESIDENT REGISTRATION DATE STATUS 1/1/2001 Active FIRM'S LOBBYISTS NAME START DATE TERMINATION DATE GONSALVES ANTHONY D. 1/1/2001 GONSALVES. JASON A. 1/1/2001 FIRM'S CLIENTS NAME START TERMINATION DATE DATE A BETTER CITIZEN FOUNDATION, INC. 1/1/2001 ARCADIA, CITY OF 1/1/2001 BEAUMONT, CITY OF 8/1/2001 BELLFLOWER, CITY OF 1/1/2001 CALIFORNIA PRODUCER -HANDLER ASSOCIATION 1/1/2001 CAMARILLO, CITY OF 1/1/2001 CARLSBAD. CITY OF 1/1/2001 CERRITOS/CERRITOS REDEVELOPMENT AGENCY, CITY OF 1/1/2001 CHINO HILLS, CITY OF 1/1/2001 CITY OF INDUSTRY 1/1/2001 COMMERCE/COMMERCE COMMUNITY DEVELOPMENT 1/1J2001 COMMISSION, CITY OF CONCORD, CITY OF 1/1/2001 CULVER CITY. CITY OF ! '� 1/10/2002 10/31/2002 http://cal-access.ss.ca.gov/Lobbying/Firms/calaccess.asp?id=1147239&session=2001 &view=detail 11/15/2002 California Secretary of State - CalAccess p ••••• DEL MAR THOROUGHBRED CLUB 1/1/2001 DIAMOND BAR. CITY OF 1/1/2001 ELK GROVE. CITY OF 9/10/2001 FAIRFIELD, CITY OF 1/1/2001 FOLSOM CITY OF 6/4/2001 FONTANA, CITY OF 1/1/2001 HAWAIIAN GARDENS/COMMUNITY REDEVELOPMENT AGENCY. 1/1/2001 CITY OF INDUSTRY URBAN -DEVELOPMENT AGENCY 1/1/2001 IRYINDALE/IRWINDALE REDEVELOPMENT AGENCY. CITY OF 1/1/2001 LA MIRADA/LA MIRADA REDEVELOPMENT AGENCY, CITY OF 1/1/2001 LABARRE-CHASTANG. INC. 1/1/2001 LAGUNA HILLS, CITY OF 1/1/2001 LAGUNA NIGUEL, CITY OF 1/1/2001 LAKEWOOD. CITY OF 1/1/2001 LAWNDALE, CITY OF 2/28/2001 LONG BEACH, PORT OF 1/1/2001 MONTEREY PARK, CITY OF 1/1/2001 MORENO VALLEY. CITY OF 1/1/2001 NORWALK. CITY OF 1/1/2001 OAK TREE RACING ASSOCIATION 1/1/2001 PALM DESERT, CITY OF 1/1/2001 PALMDALE, CITY OF 1/1/2001 PARAMOUNT, CITY OF 1/1/2001 PITTSBURG CITY OF 1/1/2001 PLEASANT HILL, CITY OF 1/1/2001 PORTUGUESE GOVERNMENT, THE 1/1/2001 PROFESSIONAL CHARROS ASSOCIATION 4/9/2002 6/30/2002 RANCHO. CUCAMONGA, CITY OF 1/1/2001 REDDING, CITY OF 1/1/2001 ROCKVIEW DAIRIES 1/1/2001 ROSEMEAD. CITY OF 1/1/2001 ROSEVILLE, CITY OF 1/1/2001 SAN BUENAVENTURA, CITY OF 1/1/2001 SAN GABRIEL VALLEY WATER ASSOCIATION 1/1/2001 SANTA FE SPRINGS, CITY OF 1/1/2001 1/1/2001 1/1/2001 SOUTH GATE/SOUTH GATE COMMUNITY REDEVELOPMENT 1/1/2001 AGENCY, CITY OF STOCKTON, PORT OF 3/12/2001 SARATOGA, CITY OF SIMI VALLEY, CITY OF STRAUS FAMILY CREAMERY, INC. STUEVES NATU_RAL INC. o 1/1/2001 1/1/2001 Page 2 of 3 ./T 11/1 vino, California Secretary of State - CalAccess Page 3 of 3 THOUSAND OAKS. CITY OF VERNON. CITY OF VICTORVILL.E CTTY OF VISALIA CITY OF VISTA CITY OF WEST SACRAMENTO. CITY OF YORBA LINDA. CITY OF YUBA CITY, CITY OF Home.Site Search_Contact Us.Pnvacy Statement 1/1/2001 1/1/2001 1/1/2001 1/1/2001 12/31/2001 2/12/2002 1/ 1/2001 1/1/2001 12/27/2001 Copyright ©2002 California Secretary of State http://cal-access.ss.ca.gov/Lobbying/Firms/calaccess.asp?id=1147239&session=2001 &view=detail 11/15/2002 ii EXHIBIT G AGREEMENT BETWEEN JOE A. GONSALVES & SON AND THE CITY OF NATIONAL CITY This Agreement is made and entered into this 3n1 day of December, 2002 by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as "the CITY", and JOE A. GONSALVES & SON, a lobbying firm. 1. PIJRPOSE OF AGREEMENT. The CITY wishes to engage the services of JOE A. GONSALVES & SON, 925 L Street, Suite 250, Sacramento, California, to provide services in legislative advocacy and governmental affairs in matters affecting cities in California. The purpose of this Agreement is to state the terms and conditions under which JOE A. GONSALVES & SON will provide services to the CITY. 2. SCOPE OF SERVICES JOE A. GONSALVES & SON is designated and authorized by the CITY to act as the official legislative advocate with the California State Legislature and State Agencies affecting the CITY. The services to be provided under this Agreement shall include, but not be limited to, the following: a. JOE A. GONSALVES & SON shall review all bills introduced in the California Legislature and inform the CITY of all such legislation affecting its interest and forward weekly a copy of all such bills to the CITY. b. The CITY shall review and analyze all such bills and inform JOE A GONSALVES & SON, in writing, of its position on such bills the CITY wishes to pursue. c. JOE A. GONSALVES & SON shall assist in identifying and obtaining state funding available for CITY programs and proposed capital projects. d. JOE A. GONSALVES & SON shall provide a monthly written summary conducted on behalf of the CITY during the legislative session and at other times if significant activity warrants it e. JOE A. GONSALVES & SON shall arrange meetings with legislative representatives for CITY elected officials and staff when necessary. f. JOE A. GONSALVES & SON shall• initiate legislative proposals on behalf of the CITY. g. JOE A. GONSALVES & SON shall attend and provide testimony on behalf of the CITY in legislative hearings. Rev. 11/22/02 3. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, p. ►a - or joint venturers with one another. Neither JOE A. GONSALVES & SON nor their employees are employees 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 JOE A. GONSALVES & SON and their employees, and it is recognized by the parties that a substantial inducementto the CITY for entering into this AGREEMENT was, and is, the professional reputation and competence of, JOE A. GONSALVES & SON and its employees. Neither this Agreement. nor any interest herein may be, assigned by JOE A. GONSALVES .& SON without the ;priorwritten consent of the CITY. Nothing herein contained is intended to prevent JOE A. GONSALVES & SON from employing or hiring as many employees, or subcontractors, as they may deem necessary for the proper and efficient performance of this Agreement. All agreements by JOE. A. GONSALVES & SON with its subcontractor(s) shalL require the subcontractor to adhere to the, applicable terms of this Agreement. 4. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control, over the conduct of JOE A. GONSALVES & SON or any of their employees except as herein set forth, and JOE A. GONSALVES & SON expressly agrees not to represent that JOE A. GONSALVES & SON or their agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that their agents, servants, and employees are as to the CITY wholly independent contractors and that JOE A. GONSALVES & SON'S obligations to the CITY are solely such as are prescribed by his Agreement. 5. STARDARD.OF SERiWCES. .,JOE A. GONSALVES ,& SON shall at all times perform duties . customarily performed by legislative advocates and governmental affairs representatives on behalf of the CITY to the best of their abilities, experience, and talents. 6. TERM. The term of this Agreement shall commence on the 4th day of December 2002, and shall continue in full force and affect until November 30, 2004, unless terminated by a thirty -day (30). written notice from, either party to the other. Notice of termination under :this Agreement shall be given to the. CITY OF NATIONAL CITY by certified mail to 1243 National City Blvd., City of National City, CA 91950, or to JOE A. GONSALVES & SON at 925., L Street, Suite 250, Sacramento, California 95814. Rev. 11/22/02 2 a3 7. COMPENSATION. During the first twelve months of the Agreement (December 4, 2002, through November 30, 2003), the fee -for -service shall be $3,500 monthly. Prior to the commencement of the second year of the contract (December 1, 2003, through November 30, 2004), the CITY and JOE A. GONSALVES & SON shall consult and mutually agree as to whether a fee -for -service increase is warranted for the second year of the Agreement. If such an increase is mutually agreed upon then said increase shall not exceed $500 per month for a total fee -for -service of $4,000 monthly, for the period beginning December 1, 2003, through November 30, 2004. Said amounts are payable on the first day of each month. 8. REIMBURSEMENT FOR EXPENSES. The CITY shall reimburse JOE A. GONSALVES & SON for any travel and other expenses directly related to a request by the CITY for JOE A. GONSALVES & SON to participate in any meetings or activities outside of Sacramento. 9. ATTORNEY'S FEES. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 10. CONFIDENTIAL INF . • • TION. The CITY may from time to time communicate to JOE A. GONSALVES & SON certain confidential information to enable them to effectively perform the services to be provided herein. JOE A. GONSALVES & SON shall treat all such Thfonnation as confidential and shall not disclose any part thereof without the prior written consent of the CITY. JOE A. GONSALVES & SON 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 10, however, shall not apply to any part of the information that (i) has been disclosed m publicly available sources of information; (ii) is, Through no fault of JOE A. GONSALVES & SON, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of JOE A. GONSALVES & SON without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to JOE A. GONSALVES & SON by a third party, but only to the extent that the u.se or disclosure thereof has•beett or is rightfully authorized by that third party. 11. INDEMNIFICATION AND HOLD HARMLESS. JOE A. GONSALVES & SON agrees to indemnify, defend, and hold harmless the CITY, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or• persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising •out of JOE A. GONSALVES & SON'S negligent performance of this Agreement. Rev. 11/22/02 3 eg 12. WORKERS' COMRENSATON. JOE A. GONSALVES & SON shall comply with all of the provisions of the Workers' , Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 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 an account of any liability under any of said acts which may be incurred by reason of any work to be performed by JOE A. GONSALVES & SON under this Agreement. 13. INSURANCE. JOE A. GONSALVES & SON, 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. 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. b. Workers' compensation insurance covering all of its employees and volunteers. c. 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. d. Said policies, except for the worker's compensation policy, shall name the CITY and its officers, agents and employees as additional insureds. e. If required insurance coverage is provided on a "claims made" rather than "occurrence" Bann, JOE A. GONSALVES & SON shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement f. Any aggregate insurance limits must apply solely to this Agreement. Rev. 11/22/02 4 g. 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 &an A VDT adcording to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. h. This Agreement shall not take affect 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 JOE A. GONSALVES & SON does not keep all 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. 14. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS._ During the term of this Agreement, JOE A. GONSALVES & SON shall not perform services of any kind for any person or entity, including any governmental entity, whose interests conflict in any way with those of the CITY. JOE A. GONSALVES & SON also agrees not to specify any product, treatment, process or material for the project in which they have a material financial interest, either direct or indirect, without first notifying the CITY of that fact. JOE A. GONSALVES & SON shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which JOE A. GONSALVES & SON has a financial interest as defined in Government Code Section 87103. JOE A. GONSALVES & SON 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. 15. This Agreement shall be governed by the laws of the State of California. It constitutes the entire Agreement between parties regarding its subject matter. If any provision in this Agreement is held by any court to be invalid, void or uneforceable, the remaining provisions shall nevertheless continue in full force. Rev. 11/22/02 5 ePC • IN WITNESS WHEREOF, the parties hereto have executed this • Agreement on the date mid year first above written. CITY OF NATIONAL CITY JOE A. GONSALVES & SON (Two signatures required) By By: Nick kizunza, Mayor (Name) (Title) APPROVED AS TO FORM: By: (Name) By: George H. Eiser, (Title) City Attorney Rev. 11/22/02 RESOLUTION NO. 2002 - 179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND JOE A. GONSALVES & SONS TO PROVIDE SERVICES IN LEGISLATIVE ADVOCACY AND GOVERNMENTAL AFFAIRS WHEREAS, the City desires to employ a consultant to provide services in legislative advocacy and governmental affairs; 'and WHEREAS, the City has determined that Joe A. Gonsalves & Sons is a professional legislative representation firm and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Joe A. Gonsalves & Sons to provide professional services in legislative advocacy and governmental affairs. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of, December, 2002. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Elser, lii City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 3, 2002 14 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING A NEW CHAPTER 11.42, TITLED "SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED", AND BY ADDING NEW SECTIONS 11.42.010, 11.42.020, 11.40.030, 11.40.040, 11.40.050 AND 11.40.060 PREPARED BY DEPA TMENT (� EXPLANATION RUDOLF HRADECKY, ESQ.( City Attorney O'Y This ordinance will make it illegal to be a spectator at an illegal speed contest, as defined by the Vehicle Code. This ordinance is patterned after an ordinance adopted by the City of San Diego in response to the deaths of general spectators and participants in illegal speed contests. The City of National City, from time to time, experiences similar speed contests. With the passage of the San Diego ordinance, some displacement of speed contests to this and other jurisdictions may be expected. This ordinance will inhibit and potentially reduce those opportunities for illegal speed contests in this jurisdiction, and will be an additional tool for law enforcement to curb such contests. This ordinance has been coordinated with the Police Department. CEnvironmental Review " N/A 1-Financial Statement N/A Approved By: Finance Director Account No. (STAFF RECOMMENDATION Approve ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance. Resolution No. A-200 (9r99) ORDINANCE NO. 2002 — AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING A NEW CHAPTER 11.42, TITLED "SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED", AND BY ADDING NEW SECTIONS 11.42.010, 11.42.020, 11.40.030, 11.40.040, 11.40.050 AND 11.40.060 WHEREAS, illegal street racing and exhibitions of speed on streets in the City of San Diego and other communities in the County of San Diego have become a broad community problem, immediately threatening public peace, property, health and safety; and WHEREAS, this illegal street racing and exhibitions of speed attract hundreds of juveniles and adults to city streets on a regular basis; and WHEREAS, this illegal street racing and exhibitions of speed attract other criminal activity, including juvenile curfew violations, littering, drinking in public, urinating in public, gambling, fights and disturbances, trespassing, graffiti, and vandalism; and WHEREAS, illegal street racing and exhibitions of speed create a dangerous environment, with traffic congestion and risk of serious injury or death, for pedestrians and vehicular traffic on local streets; and WHEREAS, the City Council of the City ofNational City seeks to promote the City's interest in protecting and preserving the safety of pedestrians and motorists in, about, or upon public streets and highways so as to minimize any dangerous conditions caused by illegal street racing and exhibitions of speed, and to curb the criminal activity surrounding illegal street racing and exhibitions of speed; and WHEREAS, on October 15, 2002, an ordinance adopted by the City of San Diego amending the San Diego Municipal Code to prohibit spectators at illegal speed contests or exhibitions of speed, and its enforcement may have a tendency to displace such speed contests to other jurisdictions, including National City; and WHEREAS, there is and remains an immediate impact on the health, safety and welfare of the citizens of this City due to existing illegal street racing in this jurisdiction that will be exacerbated by any displacement from other jurisdictions; and WHEREAS, the adoption of this ordinance is therefore necessary and appropriate to address this immediate problem and any displacement from other jurisdictions. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of National City, as follows: Section 1. That Title 11 of the National City Municipal Code is hereby amended by adding a new Chapter 11.42 to read as follows: CHAPTER 11.42 SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED Sections: 11.42.010 Purpose. 11.42.020 Definitions. 11.42,030 Spectator, at illegal speed contests or exhibitions of speed — Violation. 11.42.040 Relevant circumstances to prove a violation 11.42.050 Admissibility of prior acts. 11.42.060 Enforcement. Section 11.42.020 Purpose. A. The City Council for the City of National City finds and declares that pursuant to California Vehicle Code section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races. B. Such street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property within the City of National City. When illegal street races occur on various streets within the City, racers and spectators gather on these streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding, and abetting the racing process. C. Illegal street racers can accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. The racers can drive quickly from street to street, race for several hours, and then move to other locations upon the arrival of the police. Participants in this illegal activity use cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest. Participants also use the Internet to provide information on where to race, and give advice on how to avoid detection and prosecution. D. In many cases, illegal street races can attract hundreds of spectators. The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these illegal activities can flourish E. This Chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. The division targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In S - 2 - discouraging spectators, the act of organizing and participating in illegal street races will be discouraged. F. This Chapter makes evidence of specified prior acts admissible to show the propensity of the defendant to be present at or attend illegal street races, if the prior act or acts occurred within three years of the presently charged offense. Section 11.42.020 Definitions. A. "illegal motor vehicle speed contest" or "illegal exhibition of speed" means any speed contest or exhibition of speed referred to in California Vehicle Code sections 23109(a) and 23109(c). B. "Preparations for the illegal motor vehicle speed contest or exhibition of speed" include, but are, not limited to, situations in which:-(1) a group of motor vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event; (2) a group of individuals has lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the event; (3) a group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; (4) one or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the evvent, (5) two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; (6) one or more drivers is revving the vehicle's engine or spinning its tires in preparation for the event; or (7) an individual is stationed at or near one or more motor vehicles serving as a race starter. C. "Spectator" means any individual;. who is present at an illegal motor vehicle speed contest or exhibition of speed, or at a location where preparations are being made for such activities, for the purpose of viewing, ',observing, watching, or witnessing the event as it progresses. Spectator includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means. Section 11.42.030 Spectator at illegal speed contests or exhibitions, of speed - Violation. A. Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor subject to a maximum of ninety (90) days in jail and a fine of $500. B. Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor and subject to a maximum of ninety (90) days in jail and a fine of $500. C. An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within 200 feet of the location of the event, or within 200 feet of the location where preparations are being made for the event. D. Exemption: Nothing in this section shall prohibit or make illegal law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties. Section 11.42.040 Relevant circumstances to prove a violation. Notwithstanding any other provision of law, to prove a violation of Section 11.42.030, admissible evidence may include, but is not limited to, any of the following: (a) the time of day; (b) the nature and description of the scene; (c) the number of people at the scene; (d) the location of the individual charged in relation to any individual or group present at the scene; (e) the number and description of motor vehicles at the scene; (f) that the individual charged drove or was transported to the scene; (g) that the individual charged has previously participated in an illegal motor vehicle speed contest or exhibition of speed; (h) that the individual charged has previously aided and abetted an illegal motor vehicle speed contest or exhibition of speed; (i) that the individual charged has previously attended an illegal motor vehicle speed contest or exhibition of speed; (j) that the individual charged previously was present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where an exhibition of speed or illegal motor vehicle speed contest was in progress. Section 11.42.050 Admissibility of prior acts. The list of circumstances set forth in Section 11.42.040 is not exclusive. Evidence of prior acts may be admissible to show the propensity of the defendant to be present at or attend an illegal motor vehicle speed contest or exhibition of speed, if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a speed contest or exhibition of speed was taking place at the time of the presently charged offense. Evidence of prior acts shall not be limited to those that occurred within the City of National City, and may include evidence of such acts from other jurisdictions within the County of San Diego. Section 11.42.060 Enforcement Enforcement of this Chapter shall be under the jurisdiction of the chief of police. PASSED and ADOPTED this day of , 2002. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: 11-4 /0 taw: Michael R. Dalla, City Clerk George H. Eiser, ill City Attorney EETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 3, 2002 SECOND READING 15 AGENDA ITEM NO. / ITEM TITLE AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE STANDARD URBAN STORMWATER MITIGATION PLAN PREPARED BY Stephen Kirkpatrick EXPLANATION See attached explanation DEPARTMENT Public Works/Engineering i Environmental Review N/A r Financial Statement Approved By: Since it has not yet been determined exactly how to implement the SUSMP, Finance Director the cost cannot be estimated at this time, but cost could prove to be substantial. Each department will have to budget for their requirements itureptadget years. Account No. / STAFF RECOMMENDATION Approve the Urgency Ordinar BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Urgency Ordinance 2. City of National City Jurisdictional SUSMP A-200 9. 99) Resolution No. Explanation: A component of the municipal stormwater National Pollutant Discharge Elimination System (NPDES) Permit (Order No. 2001-01, NPDES No. CAS0108758, hereinafter referred to as "Municipal Permit") issued to San Diego County, the Port of San Diego, and 18 cities (Copermittees) by the San Diego Regional Water Quality Control. Board (Regional Board) on February 21, 2001, requires the development and implementation of a program addressing urban runoff pollution issues in development planning for public and private projects. The program has been called a Standard Urban Stormwater Mitigation Plan, or SUSMP. In order to achieve this component of the permit, a model SUSMP was developed collectively by the various agencies to address post -construction urban runoff pollution from new development and redevelopment projects that fall under "priority project" categories. The goal of the model SUSMP is to develop and implement practicable policies to ensure to the maximum extent practicable that development does not increase pollutant loads from a project site and considers urban runoff flow rates and velocities. This goal may be achieved through site -specific controls and/or drainage area -based or shared structural treatment controls. The model SUSMP identifies appropriate Best Management Practices (BMPs) for certain designated project types to achieve this goal. In approving the model document, the Regional Water Quality Control Board has required each Copermittee to approve a jurisdictional SUSMP within 180 days of the June 12, 2002 approval date. This implies a December 12, 2002 deadline. The Regional Board was also quite clear that the SUSMP must be based on the "Model SUSMP." It is also clear from meetings, staff presentations and the minutes approving the "Model SUSMP" that the Regional Water Quality Control Board considers the "Model SUSMP" a minimum plan outline. Every Copermittee's plan is to meet the minimum requirements in their own implementation of a specific jurisdictional SUSMP in order to meet this permit requirement. The City of National City has taken the model and developed its own SUSMP, which is attached. Also attached is a copy of the proposed Urgency Ordinance of the City Council of the City of National City adopting the Standard Urban Runoff Mitigation Plan. As stated in the Urgency Ordinance the implementation of the SUSMP will require effort by most City Departments. Ordinances, Codes, design review guidelines, and policies will have to be modified to allow the implementation of the SUSMP. This will take some time and coordination. Public Works/Engineering will take the lead in this effort and reconvene the Development Services Group to ensure that the most appropriate department implements each requirement of the SUSMP. ORDINANCE NO. 2002 — AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE STANDARD URBAN STORMWATER MITIGATION PLAN 1,1111BREAS, the City• Council finds that the provisions for managing urban stormwater runoff are a matter of ilmnediate concern and importance to the City as a matter affecting the public health and safety; and WHEREAS, other public junsAictions in the County of San Diego are currently m the process of adopting programs for urban stormwater runoff management, and the unified . . . . . efforts of all jurisdictions m a uniform, immediate manner is therefore imperative for improving water quality; and WHEREAS, the adoption of such program 3 is of an urgent nature for the immediate preservation of public health and safety. NOW, THMEFORE, the City Council of the City of National City does hereby ordain as follows: Section 1. Adoption of Standard Urban Stormwater Mitigation Plan. The City Council of the City of National City adopts the Standard Urban Stormwater Mitigation Plan attached hereto as Appendix "A", hereafter abbreviated as "SUSMP", as the City of National City's program for management of stormwater runoff A copy of Appendix "A" shall be kept on file in the Office of the City Engineer. Section 2. Implementation and Administration. All City departments, under the direction of the City Manager, shall implement, administer and enforce the provisions of the SUSMP, and shall modify their administrative procedures for permit issuance and plan approvals accordingly. In case of conflict between a provision of the Municipal Code and the SUSMP, the SUSMP shall take precedence, unless the City Manager determines that compliance is impossible, impractical or is not in the public's best interest In this event, the City Manager shall immediately advise the City Council and recommend appropriate measures for resolution. Section 3. Departmental Review. To the extent not already provided for, City department directors under the direction of the City Manager will review and propose amendments to the Municipal Code that are or may become necessary for the further implementation of the SUSMP. Section 4. Criminal and Administrative Enforcement The mandatory provisions and prohibitions of the SUSMP shall be enforceable as misdemeanors pursuant to Section 1.20.010 of the Municipal Code, and administrative penalties may be imposed in accordance with Chapters 1.44 or 1.48 of the Municipal Code, as appropriate. Ordinance No. 2002 — Page Two Section 5. Urgency Adoption. This ordinance, being found necessary for the immediate preservation of public health and safety, is therefore adopted as an urgency ordinance pursuant to Government Code section 36937 by a vote of at least four -fifths of the City Council and it shall therefore be effective immediately upon its adoption. Section 6. Reintroduction as Regular Ordinance. This ordinance, shall be placed on the City Council Agenda for a second reading for adoption in due course, and when it becomes effective the urgency ordinance adopted through Section 5 is repealed and shall be of no further force and effect. PASSED and ADOPI.EJJ this 3;d day of December, 2002. Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, City Attorney Nick Inzufria, Mayor NATIONAL CITY URBAN STORMWATER MITIGATION PLAN I. BACKGROUND The municipal storm water National Pollutant Discharge Elimination System (NPDES) permit (Order No. 2001-01, NPDES No. CAS0108758, hereinafter referred to as "Municipal Permit") issued to San'Diego County, the Port of San Diego, and 18 cities (Copermittees) by the San Diego Regional Water Quality Control Board (Regional Board) on February 21, 2001, requires the development and implementation of a program addressing urban runoff pollution issues in development planning for public and private projects. The requirement to implement a program for development planning is based on federal and state statutes including Section 402 (p) of the Clean Water Act, Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 ("CZARA"), and the California Water Code. The Clean Water Act amendments of 1987 established a framework for regulating urban runoff discharges from municipal, industrial, and construction activities under the NPDES program. The Municipal Permit requires the implementation of a Jurisdictional Urban Runoff Management Program (URMP). The primary objectives of the Jurisdictional URMP requirements are to: 1. Ensure that discharges from municipal urban runoff conveyance systems do not, cause or contribute to a violation of water quality standards; 2. Effectively prohibit non -storm water discharges in urban runoff; and 3. Reduce the discharge of pollutants from urban runoff conveyance systems to the Maximum Extent Practicable (MEP statutory standard). II. SUMMARY The Model Standard Urban Storm Water Mitigation Plan (SUSMP) was developed to address post -construction urban runoff pollution from new development and redevelopment projects that fall under "priority project" categories. The goal of the Model SUSMP is to develop and implement practicable policies to ensure to the maximum extent practicable that development does not increase pollutant loads from a project site and considers urban runoff flow rates and velocities. This goal may be achieved through site -specific controls and/or drainage area -based or shared structural treatment controls. The Model SUSMP identifies appropriate Best Management Practices (BMPs) for certain designated project types to achieve this goal. National City's SUSMP will be reviewed and approved by National City's City Council in a public process 1 Under the Local SUSMP, National City will approve SUSMP project plan(s) as part of the development plan approval process for discretionary projects, and prior to issuing permits for ministerial projects. To allow flexibility in meeting SUSMP design standards, structural treatment control BMPs may be located on or off -site, used singly or in combination, or shared by multiple developments, provided certain conditions are met. All new development and significant redevelopment projects that fall into one of the following "priority project" categories are subject to these SUSMP requirements, subject to the lawful prior approval provisions of the Municipal Permit. In the instance where a project feature, such as a parking lot, falls into a priority project category, the entire project footprint is subject to these SUSMP requirements. These "Project Priority Categories" are: ❑ Residential development of more than 100 units: ❑ Residential development of 10 to 99 units ❑ Commercial development greater than 100,000 square feet o Automotive repair shops ❑ Restaurants o Hillside development greater than5,000 square feet o Projects discharging to receiving waters within Environmentally Sensitive Areas ❑ Parking Lots > 5,000 square feet or with > 15 parking spaces and potentially exposed to urban runoff o Streets, roads, highways, and freeways which would create a new paved surface that is 5,000 square feet or greater. Limited Exclusion: Trenching and resurfacing work associated with utility projects are not considered priority projects. Parking lots, buildings and other structures associated with utility projects are subject to SUSMP requirements if one or more of the criteria for the above categories are met. III. DEFINITIONS o "Attached Residential Development" means any development that provides 10 or more residential units that share an interior/exterior wall. This category includes, but is not limited to: dormitories, condominiumsand apartments. o "Automotive Repair Shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536- 7539. o "Commercial Development" means any development on private land that is not exclusively heavy industrial or residential uses. The category includes, but is not limited to: mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses, hospitals, laboratories and other medical facilities, educational 2 institutions, recreational facilities, plant nurseries, car wash facilities, and other light industrial complexes. ❑ "Commercial Development greater than 100,000 square feet" means any commercial development that with a project footprint of at least 100,000 square feet. u "Detached Residential Development" means any development that provides 10 or more freestanding residential units. This category includes, but is not limited to: detached homes, such as single-family homes and detached condominiums. o "Directly Connected Impervious Area (DCIA)" means the area covered by a building, impermeable pavement, and/ or other impervious surfaces, which drains directly into the storm drain without first flowing across permeable vegetated land area (e.g., lawns). ❑ "Environmentally Sensitive Areas" means areas that include, but are not limited to, all Clean Water Act 303(d) impaired water bodies ("303[d] water bodies"); areas designated as an "Area of Special Biological Significance" (ASKS) by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated as having a RARE beneficial use by the State Water Resources. Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments), or areas designated as preserves or their equivalent under the Multiple Species Conservation Program (MSCP) within the Cities and County of San Diego. The limits of Areas of Special Biological Significance are those defined in the Water Quality Control Plan for the San Diego Basin (1994 and amendments). Environmentally sensitive area is defined for the purposes of implementing SUSMP requirements, and does not replace or supplement other environmental resource -based terms, such as "Environmentally Sensitive Lands," employed by Copermittees in their land development review processes. As appropriate, National City will distinguish between environmentally sensitive area and other similar terms in its SUSMP. o "Hillside" means lands that have a natural gradient of 25 percent (4 feet of horizontal distance for every 1 foot of vertical distance) or greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (1 foot of horizontal distance for every 2 feet of vertical distance) or greater and a minimum elevation differential of 10 feet. ❑ "Hillside development greater than 5,000 square feet" means any development that would create more than 5,000 square feet of impervious surfaces in hillsides with known erosive soil conditions. ❑ "Infiltration" means the downward entry of water into the surface of the soil. "Maximum Extent Practicable (MEP)" means the technology -based standard established by Congress in the Clean Water Act 402(p)(3)(B)(iii) that municipal dischargers of urban runoff must meet. MEP generally emphasizes pollution prevention and source control 3 BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional lines of defense). ❑ "New Development" means land disturbing activities; structural development, including construction or installation of a building or structure, the creation of impervious surfaces; and land subdivision. ❑ "Parking Lot" means land area or facility for the temporary parking or storage of motor vehicles used personally, or for business or commerce. ❑ "Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" means all development and significant redevelopment that would create 2,500 square feet of impervious surfaces or increase the area of imperviousness of a project site to 10% or more of its naturally occurring condition, and either discharge urban runoff to a receiving water within an environmentally sensitive area (where any portion of the project footprint is located within 200 feet of the environmentally sensitive area), or discharge to a receiving water within an environmentally sensitive area without mixing with flows from adjacent lands (where the project footprint is located more than 200 feet from the environmentally sensitive area). ❑ "Project Footprint",means the limits of all grading and ground disturbance, including landscaping, associated with a project. ❑ "Receiving Waters means surface bodies of water, which directly or indirectly receive discharges from urban runoff conveyance systems, including naturally occurring wetlands, streams (perennial, intermittent, and ephemeral (exhibiting bed, bank, and ordinary high water mark)), creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays and the Pacific Ocean. National City will determine the definition for wetlands and the limits thereof for the purposes of this definition is as protective as the United States Environmental Protection Agency. Constructed wetlands are not considered wetlands under this definition, unless the wetlands were constructed as mitigation for habitat loss. Other constructed BMPs are not considered receiving waters under this definition, unless the BMP was originally constructed in receiving waters. u BMPs constructed in "Receiving Waters" may be used to satisfy SUSMP requirements if, but only if, that the Regional Board approves use. ❑ "Residential Development" means any development on private land that provides living accommodations for one or more persons. This category includes, but is not limited to: single-family homes, multi -family homes, condominiums, and apartments. "Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch countersand, refreshment stands selling prepared foods and drinks for immediate consumption (SIC code..5812). 4 o "Significant Redevelopment" means development that would create or add at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Significant redevelopment does not include trenching and resurfacing associated with utility work, resurfacing and reconfiguring surface parking lots, new sidewalk, pedestrian ramps or bike lane construction on existing roads, and replacement of damaged pavement. o "Site Design BMP" means any project design feature that reduces the creation or severity of potential pollutant sources or reduces the alteration of the project site's natural flow regime. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surfaces) or to reduce the need for new roads and other impervious surfaces (as compared to conventional or low -density new development) by incorporating higher densities and/or mixed land uses into the project design, are also considered site design BMPs. o "Source Control BMP (both structural and non-structural)" means land use or site planning practices, or structures that aim to prevent urban runoff pollution by reducing the potential for contamination at the source of pollution. Source control BMPs minimize the contact betweenpollutants and urban runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas. o "Storm Water Best Management Practice (BMP)" means any schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, structural treatment BMPs, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to receiving waters. Storm Water BMPs also include treatment requirements, operating procedures and practices to'coiiliol site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. This SUSMP groups storm water BMPs into the following categories: site design; source control; and treatment control (pollutant removal). o "Stone Water Conveyance System" means private and public drainage facilities by which storm water may be conveyed to Receiving Waters, such as: natural drainages, roads, streets, constructed channels, aqueducts, storm drains, pipes, street gutters, or catch basins. o "Streets, Roads, Highways, and Freeways" means any project that is not part of a routine maintenance activity, and would create a new paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles and other vehicles. For the purposes of SUSMP requirements, Streets, Roads, Highways and Freeways do 5 not include trenching and resurfacing associated with utility work; applying asphalt overlay to existing pavement; new sidewalk, pedestrian ramps, or bike lane construction on existing roads; and replacement of damaged pavement. ❑ "Treatment Control(Structural) BMP" means any engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. IV. CONFLICTS WITH LOCAL PRACTICES OR MUNICIPAL, PERMIT Where requirements of the local SUSMP conflict with established local codes, (e.g., specific language of signage used on storm drain stenciling), National City may continue the local practice and modify the SUSMP to be consistent with the code, except that to the extent that the standards in the SUSMP are more stringent than those under local codes, such more stringent standards shall apply. This SUSMP is based on the Municipal Permit as it was in force in January 2002, except as that Municipal Permit was directed to be revised by the State Water Resources Control Board. If as a result of court action any part of the Municipal Permit is invalidated, stayed, or requiredto'be revised by a final judgment, National City's SUSMP and local ordinances may be appropriately. V. IMPLEMENTATION PROCESS National City has identified the department(s) responsible for ensuring SUSMP requirements are implemented in its SUSMP, and the roles and responsibilities each department possesses. In addition, National City, shall describe the point(s) in the development review process in which project proponents are required to incorporate SUSMP requirements into the project design. At a minimum, for discretionary projects, SUSMP requirements shall be incorporated into the project design and shown on the plans prior to decision -maker approval of discretionary permits. For projects requiring only ministerial permits, SUSMP requirements shall be incorporated into the project design and shown on the plans prior to the issuance of any ministerial permits. National City's departments carrying out public projects that are not required to obtain permits shall be responsible for ensuring SUSMP requirements are incorporated into the project design and shown on the plans prior to bidding for construction contracts, or equivalent. For public projects SUSMP requirements must be incorporated into the project design and shown on the plans before allowing the project to commence. 6 VI. STORM WATER BMP SELECTION PROCEDURE Section VI provides a procedure for identifying a project's pollutants and conditions of concern, and addressing these through site design, source control, and treatment control storm water BMPs. All priority projects shall implement one or a combination of storm water BMPs, including, 1) site design BMPs, 2) source control BMPs and, 3) structural treatment BMPs after the pollutants and conditions of concern have been identified. Storm water BMPs, from those listed in Appendix A: "Approved Storm Water Best Management Practices", shall be considered and implemented where determined applicable and feasible by National City. It is recommended that the U.S. Environmental Protection Agency's "Preliminary Data Summary of Urban Runoff Best Management Practices" (August 1999, EPA-821-R-99-012) be used as a guide. The storm water BMPs shall adhere to the requirements in Section VI of this Model SUSMP, and shall be correctly designed so as to remove pollutants to the maximum extent practicable. A flow chart summarizing the storm water BMP selection procedure is provided in Figure 1. Site Design Storm Water Treatment Credits National City agrees it may develop and submit for Regional Board review and approval a Site Design Storm Water Treatment Credits program that allows reductions in the volume or flow of storm water that must be captured or treated on a project in return for the inclusion of specified project design features in the project, and further agree that any such submittal shall be deemed to be a part of this Model SUSMP jointly submitted to the Regional Board for review and approval. Any such model program shall specify the conditions under which project proponents can be credited for the use of site design features and low impact development techniques that can reduce the volume of storm water runoff, preserve natural areas, and minimize the pollutant loads generated and potentially discharged from the site. Provided, however that if a method for determining site design credits is developed on a time schedule that will permit further National City review prior to submission to the Regional Board, that proposal shall first be submitted to the Copermittees and if agreed to by the Copermittees will be submitted to the Regional Board as a single regional model. Any Copermittee may adopt and implement a Storm Water Credit Program consistent with this model approved by the Regional Board. Alternative Methods for Achieving Treatment Requirements National City may propose an alternative method for meeting the BMP requirements in Section VI.2.c, Step 8, "Design to Treatment Control BMP Standards," for inclusion in their jurisdictional SUSMP. An alternative method must minimally meet the following criteria: • The alternative treatment area shall be located within the proximity of the project; ® The alternative treatment area shall discharge to the same receiving water as the project; ® The alternative treatment area shall be equivalent or greater than the project footprint; • The alternative treatment area shall have an equivalent or greater impervious surface area than the project; • The alternative treatment area shall have an equivalent or greater pollutant load than the project; • Site Design and Source Control BMPs (Section VI 2.a & b) shall be required in the project design; • Alternative treatments shall be limited to redevelopment and/or infill projects. National City may implement an alternative method for no more than three pilot projects within its jurisdiction during this permit cycle. For each project where an alternative method is implemented, the effectiveness of the alternative method shall be monitored and reported on to the Regional Board by the end of the permit cycle. 8 Figure 1. Storm Water BMP Selection Procedure Flow Chart 1. Identify Pollutants from proposed project (Section VI.1.a) 2. Identify Pollutants & Conditions of Concern in Receiving Waters (Section VI.1.b) 9 NO YES Project required to Implement: Would the Project Generate Pollutants or Conditions of Concern? • Site Design • Source Control BMPs • BMPs for Individual Categories Standard Treatment Control BMPs (Table 2) OR • Site Design • Source Control BMPs • BMPs for Individual Categories • Enhanced Treatment Control BMPs (Table 3) 1. IDENTIFY POLLUTANTS & CONDITIONS OF CONCERN Priority project proponents shall use this guidance to identify pollutants and conditions of concern, for which they need to mitigate or protect against. Once identified, appropriate control measures for these pollutants and conditions are specified in Section VI.2, "Establish Storm Water BMPs." Standard control measures are required based on pollutants commonly associated with the proposed project type (see Table 2, "Standard Storm Water BMP Selection Matrix"). Priority projects required to implement structural treatment control BMPs using the standard BMP selection procedure should use Table 3, "Enhanced Treatment Control BMP Selection Matrix," to aid in selecting the structural treatment BMP(s) from Appendix A that would have the greatest pollutant removal efficiency for projects. Enhanced control measures are required for projects anticipated to generate pollutants that are also identified as pollutants of concern in the project's downstream receiving water(s) (see Table 3). National City will incorporate the requirements listed in Sections VI.1.a-c in the procedure for identifying pollutants and conditions of concern in its SUSMP..For private priority projects, National City shall require the information to be provided with the project application prior to being deemed complete. For public priority projects, National City shall approve the information prior to bidding for construction contracts. General Categories of Water Pollution Urban runoff from a developed site has the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, pesticides, and pathogens to the storm water conveyance system and receiving waters. For the purposes of identifying pollutants of concern and associated storm water BMPs, pollutants are groupedin nine general categories as follows: 1. Sediments — Sediments are soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. 2. Nutrients — Nutrients are inorganic substances, such as nitrogen and phosphorus. They commonly exist in the form of mineral salts that are either dissolved or suspended in water. Primary sources of nutrients in urban runoff are fertilizers and eroded soils. Excessive discharge of nutrients to water bodies and streams can cause excessive aquatic algae and plant growth. Such excessive production, referred to as cultural eutrophication, may lead to excessive decay of organic matter in the water body, loss of oxygen in the water, release of toxins, in sediment, and the eventual death of aquatic organisms. 3. Metals — Metals are raw material components in non-metal products such as fuels, adhesives, paints, and other coatings. Primary source of metal pollution in storm water are typically commercially available metals and metal products. Metals of concern include cadmium, chromium, copper, lead, mercury, and zinc. Lead and chromium have been used as corrosion inhibitors in primer coatings and cooling tower systems. At low concentrations naturally occurring in soil, metals are not toxic. However, at higher 111 concentrations, certain metals can be toxic to aquatic life. Humans can be impacted from contaminated groundwater resources, and bioaccumulation of metals in fish and shellfish. Environmental concerns, regarding the potential for release of metals to the environment, have already led to restricted metal usage in certain applications. 4. Organic Compounds - Organic compounds are carbon -based. Commercially available or naturally occurring organic compounds are found in pesticides, solvents, and hydrocarbons: Organic compounds can, at certain concentrations, indirectly or directly constitute a hazard to life or health. When rinsing off objects, toxic levels of solvents and cleaning compounds can be discharged to storm drains. Dirt, grease, and grime retained in the cleaning fluid or rinse water may also adsorb levels of organic compounds that are harmful or hazardous to aquatic life. 5. Trash &Debris— Trash (such as paper, plastic, polystyrene packing foam, and aluminum materials) and biodegradable organic matter (such as leaves, grass cuttings, and food waste) are general waste products on the landscape. The presence of trash & debris may have a significant impact on the recreational value of a water body and aquatic habitat. Excess organic matter can create a high biochemical oxygen demand in a stream and thereby lower its water quality. Also, in areas where stagnant water exists, the presence of excess organic matter can promote septic conditions resulting in the growth of undesirable organisms and the release of odorous and hazardous compounds such as hydrogen sulfide. 6. Oxygen -Demanding Substances - This category includes biodegradable organic material as well as chemicals that react with dissolved oxygen in water to form other compounds. Proteins, carbohydrates, and fats are examples of biodegradable organic compounds. Compounds such as ammonia and hydrogen sulfide are examples of oxygen -demanding compounds. The oxygen demand of a substance can lead to depletion of dissolved oxygen in a water body and possibly the development of septic conditions. 7. Oil and Grease — Oil and grease are characterized as high -molecular weight organic compounds. Primary sources of oil and grease are petroleum hydrocarbon products, motor products from leaking vehicles, esters, oils, fats, waxes, and high molecular -weight fatty acids. Introduction of these pollutants to the water bodies are very possible due to the wide uses and applications of some of these products in municipal, residential, commercial, industrial, and construction areas. Elevated oil and grease content can decrease the aesthetic value of the water body, as well as the water quality. 8. Bacteria and Viruses — Bacteria and viruses are ubiquitous micro-organisms that thrive under certain environmental conditions. Their proliferation is typically caused by the transport of animal or human fecal wastes from the watershed. Water, containing excessive bacteria and viruses can alter the aquatic habitat and create a harmful environment for humans and aquatic life. Also, the decomposition of excess organic waste causes increased growth of undesirable organisms in the water. 9. Pesticides — Pesticides (including herbicides) are chemical compounds commonly used to control nuisance growth or prevalence of organisms. Excessive application of a pesticide may result in runoff containing toxic levels of its active component. 11 a. Identify Pollutants from the Project Area Using Table 1, identify pollutants that are anticipated to be generated from the proposed priority project categories. Pollutants associated with any hazardous material sites that have been remediated or are not threatened by the proposed project are not considered a pollutant of concern. Table 1. Anticipated and Potential Pollutants Generated by Land Use Type. General Pollutant Categories Priority Project Categories Sediments Nutrients Heavy Metals Organic Compounds Trash & Debris Oxygen Demanding Substances Oil & Grease Bacteria & Viruses Pesticides Detached Residential Development X X X X X X X Attached Residential Development X X X p(�) p(2) P X Commercial Development >100,000 ft2 P(0 p(1) p(2) X P(5) X P(3) p(5) Automotive Repair Shops X X(4H5) X X Restaurants X X X X Hillside Development >5,000 ft2 X X X X X. X Parking Lots P(`) P(') X X P(t) X p(') Streets, Highways & Freeways X PM X(4) X P(5) X X = anticipated P = potential (1) A potential pollutant if landscaping exists on -site. (2) A potential pollutant if the project includes uncovered parking areas. (3) A potential pollutant if land use involves food or animal waste products. (4) Including petroleum hydrocarbons. (5) Including solvents. b. Identify Pollutants of Concern Pollutants generated by the proposed priority project that exhibits one or more of the following characteristics are considered primary pollutants of concern: Current loadings or historical deposits of the pollutant are impairing the beneficial uses of a receiving water; Elevated levels of the pollutant are found in water or sediments of a receiving water 12 and/or have the potential to be toxic to or bioaccumulate in organisms therein; and ■ Inputs of the pollutant are at a level high enough to beconsidered potentially toxic. To identify pollutants of concern in receiving waters, each priority project shall, at a minimum, do the following: 1. For each of the, proposed projects discharge points, identify the receiving water(s) that each discharge point proposes to discharge to, including hydrologic unit basin number(s), as identified in the most recent version of the Water Quality Control Plan for the San Diego Basin', prepared by the San Diego Regional Water Quality Control Board. 2. Identify any receiving waters, into which the developed area would discharge to, listed on the most recent list of Clean Water Act Section 303(d) impaired water bodies'. List any and all pollutants, for which the receiving waters are impaired. 3. Compare the list of pollutants for which the receiving waters are impaired with the pollutants anticipated to be generated by the project (as identified in Table 1). Any pollutants identified by Table 1, which are also causing impairment of receiving waters, shall be considered primary pollutants of concern. For projects where no primary pollutants of concern exist, those pollutantsidentified through the use of Table 1 shall be considered secondary pollutants of concern. c. Identify Conditions of Concern Common impacts to the hydrologic regime resulting from development typically include increased runoff volume and velocity; reduced infiltration; increased flow frequency, duration, and peaks; faster time to reach peak flow; and water quality degradation. These changes have the potential to permanently impact downstream channels and habitat integrity. A change to a priority project site's hydrologic regime would be considered a condition of concern if the change would impact downstream channels and habitat integrity. Because of these potential impacts, the following steps shall be followed by each priority project: 1. Evaluate the project's conditions of concern in a drainage study report prepared by a registered civil engineer in the State of California, with experience in fluvial geomorphology and water resources management. The report shall consider the project area's location (from the larger watershed perspective), topography, soil and vegetation conditions, percent impervious area, natural and infrastructure drainage features, and any other relevant hydrologic and environmental factors to be protected specific to the project area's watershed. 2. As part of the drainage study; the civil engineer shall conduct a field reconnaissance to observe and report on downstream conditions, including undercutting erosion, slope 1. http://www.swrcb.ca.gov/--rwgcb9/Programs/Planning_and_Services/SD_Basin/sd_basin.htmi 2. http://www.swrcb.ca.govitmdl/303d_lists.html, San Diego is in Region 9 13 stability, vegetative stress (due to flooding, erosion, water quality degradation, or loss of water supplies) and the area's susceptibility to erosion or habitat alteration as a result of an altered flow regime. 3. The drainage study shall compute rainfall runoff characteristics from the project area including, at a minimum, runoff volume, time of concentration, and retention volume. These characteristics shall be developed for the two-year and 10-year frequency, Type I storm, of six -hour or 24-hour duration (whichever is the closer approximation of the site's time of concentration), during critical hydrologic conditions for soil and vegetative cover'. The drainage study shallreport the project's conditions of concern based on the hydrologic and downstream conditions discussed above. Where, downstream conditions of concern have been identified, the drainage study shall establish that pre -project hydrologic conditions affecting downstreamconditions of concern would be maintained by the proposed project, satisfactory to National City, by incorporating the site design, source control, and treatment control requirements identified in Section VI.2. 2. ESTABLISH STORM WATER BMPs Site design BMPs reduce the need for source and/or treatment control BMPs, and source control BMPs may reduce the amount of treatment control BMPs needed. Throughout all the following sections, all priority projects' shall consider, and incorporate and implement where expressly required by the Permit and if not so required where determined applicable and feasible by National City, stormwater BMPs into the project design, in the following progression: ■ Site Design BMPs • Source Control BMPs • Treatment Control BMPs At a minimum, priority projects must implement source control BMPs, and must implement treatment control BMPs unless a waiver is granted based on the infeasibility of all treatment control BMPs. BMPs must also achieve certain performance standards set out in the municipal permit section F.2.(b) (I to xiv). Selection of BMPs from the menus included in this SUSMP, using the rules set out in this SUSMP, must fulfill these requirements. In addition, runoff treated by site design or source control BMPs, such as rooftop runoff treated in landscaping, may be useful in reducing the quantity of runoff required to be treated in Section VI.2.c, "Treatment Control BMPs." To select a structural treatment BMP using the Treatment Control BMP Selection Matrix, each priority project shall compare the list of pollutants for which the downstream receiving waters are 3. Design storms can be found at http:/twww.wrcc.dri.edulpcpnfreq.html. The Copermittees may calculate the storm events using local rain data. In addition, isopluvial maps contained in the County of San Diego Hydrology Manual may be used to extrapolate rainfall data to areas where insufficient data exists. If isopluvial maps are selected, Copermittees shall describe their method for using isopluvial maps in their Jurisdictional SUSMP. 14 impaired (if any), with the pollutants anticipated to be generated by the project (as identified in Table 1). Any pollutants identified by Table 1 which also cause a Clean Water Act section 303(d) impairment of the receiving waters of the project shall be considered primary pollutants of concern. Priority projects that are anticipated to generate a primary pollutant of concern shall meet all applicable requirements in Section VI.2, and shall select a singe or combination of storm water BMPs from Table 3 that are effective for pollutant removal of the particular primary pollutant(s) of concern. Priority projects that are not anticipated to generate a pollutant for which the receiving water is Clean Water Act Section 303(d) impaired shall meet applicable standard requirements in Section VI.2, and shall select a single or combination of storm water BMPs from Table 3 which are effective for pollutants removal of the identified secondary pollutants of concern, consistent with the "maximum extent practicable"standard defined in Attachment D of the Municipal Permit. Where a site generates both primary and secondary pollutants of, concern, primary pollutants of concern receive priority of BMP selection. For such sites, selected BMPs must only maximize pollutants removal for the primary pollutants of concern. Where a site generates only secondary pollutants of concern selected BMPs shall target the secondary pollutants of concern to be the most significant for the project. Selected BMPs must be effective for the widest range of pollutants of concern with the maximum extent practicable standard defined in Attachment D of the municipal Permit. Alternative storm water BMPs not identified in Table 3 may be approved at the discretion of National City, provided the alternative BMP is as effective in removal of pollutants of concern as other feasible BMPs listed in Table 3. 15 Table 2. Standard Storm Water BMP Selection Matrix. Priority Project Category Site Design BMPs(1) Source Control BMPsr1' 7d a. Private Roads 74 74 C. Dock Areas d. Maintenance Bays 7y e. Vehicle Wash Areas f. Outdoor Processing Areas g. Equipment Wash Areas h. Parking Areas I. Roadways j. Fueling Areas 77 k. Hillside Landscaping Detached Residential Development R R Attached Residential Development R R Commercial Development >100,000 ft2 R R Automotive Repair Shop R R Restaurants R R R R Hillside Development >5,000 ft2 R R R R Parking Lots R R R141 Streets, Highways & Freeways R R R R = Required; select BMPs as required from the applicable steps in Section VI.2a & b, or equivalent in Appendix A. (1) Refer to Section VI.2.a. (2) Refer to Section VL2.b. (3) Priority project categories must apply specific storm water BMP requirements, where applicable. Projects are subject to the requirements of all priority project categories that apply. (4) Applies if the paved area totals>5,000 square feet or with >15 parking spaces and is potentially exposed to urban runoff. 1F Table 3. Enhanced Treatment Control BMP Selection MatrixWWW.:, Pollutant of Concern Treatment Control BMP Categories Biofilters Detention Basins Infiltration Basins(2) Wet Ponds or Wetlands Drainage Inserts Filtration. Hydrodynamic Separator Systems(3) Sediment M H H H L H M Nutrients L M M M L M L Heavy Metals M M' M H L H L Organic Compounds U U U U L M L Trash & Debris L H U U M l I M Oxygen Demanding Substances L M M M L M L Bacteria U U H U. L M L Oil & Grease M M U U L H L Pesticides U U U U L U L (1) Copermittees are encouraged to periodically assess the performance characteristics of many of these BMPs to update this table. (2) Including trenches and porous pavement. (3) Also known as hydrodynamic devices and baffle boxes. L: Low removal efficiency): M: Medium removal efficiency): H: High removal efficiency): U: Unknown removal efficiency Sources: Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters (1993), National Storm water Best Management Practices Database (2001), and Guide for BMP Selection, in Urban Developed Areas (2001). a. Site Design BMPs Priority projects shall be designed so as to minimize, to the maximum extent practicable, the introduction of pollutants and conditions of concern that may result in significant impacts, generated from site runoff to the storm water conveyance system. Priority Projects shall also control post -development peak storm water runoff discharge rates and velocities to maintain or reduce pre -development downstream erosion and protect stream habitat. Although not mandatory, priority projects can address these objectives through the creation of a hydrologically functional project design that attempts to mimic the natural hydrologic regime. Mimicking a site's natural hydrologic regime can be pursued by: ■ Reducing imperviousness, conserving natural resources and areas, maintaining and using natural drainage courses in the storm water conveyance system, and minimizing clearing and grading. ® Providing runoff storage measures dispersed uniformly throughout a site's landscape with the use of a variety of detention, retention, and runoff practices. • Implementing on -lot hydrologically functional landscape design and management practices. 17 These design principles offer an innovative approach to urban storm water management,, one that does not rely on the conventional end -of -pipe or in -the -pipe structural methods but instead uniformly or strategically integrates storm water controls throughout the urban landscape. Useful resources for applying these principles, referenced in the appendix, include Start at the Source (1999), and Low -Impact Development Design Strategies (1999). Step 1: Objective: Maintain Pre -Development Rainfall Runoff Characteristics Priority projects shall control post -development peak storm water runoff discharge rates and velocities to maintain or reduce pre -development development downstream erosion. In addition, projects should control runoff discharge volumes and durations to the maximum extent practicable using the site design, source control, and treatment control, requirements identified in Section VL2. Design Concept 1: Minimize Project's Impervious Footprint & Conserve Natural Areas The following site design options shall be considered and shall be incorporated and implemented where determined applicable and feasible by National City, during the site planning and approval process, consistent with applicable General Plan policies and other development regulations. 1. Minimize impervious footprint. This can be achieved in various ways, including, but not limited to increasing building density (number of stories above or below ground) and developing land use regulations seeking tolimit impervious surfaces. Decreasing the project's footprint can substantially reduce the project's impacts to water quality and hydrologic conditions. 2. Conserve natural areas where feasible. Concentrating or clustering development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural, undisturbed condition can achieve this. The following list provides a guideline for determining the least sensitive portions of the site, in order of increasing sensitivity. Jurisdictions should also refer to their Multiple Species Conservation Plans or other biological regulations, as appropriate. a. Areas devoid of vegetation, including previously graded areas and agricultural fields. b. Areas of non-native vegetation, disturbed habitats and eucalyptus woodlands. c. Areas of chamise or mixed chaparral, and non-native grasslands. d. Areas containing coastal scrub communities. e. All other upland communities. f. Occupied habitat of sensitive species and all wetlands (as both are defined by National City). g. All areas necessary to maintain the viability of wildlife corridors. Within each of the previous categories, areas containing hillsides (as defined in this SUSMP) 18 should be considered more sensitive than the same category without hillsides. 3. Construct walkways, trails, and patios, overflow parking lots and alleys and other low - traffic areas with permeable surfaces, such as pervious concrete, porous asphalt, unit pavers, and granular materials. 4. Construct walkways, trails, patios, overflow parking lots and alleys and other low -traffic areas with permeable surfaces, such as pervious concrete, porous asphalt, unit pavers and granular materials. 5. Construct streets, sidewalks and parking lot aisles to the minimum widths necessary, provided that public safety and a walkable environment for pedestrians are not compromised. 6. Maximize canopy interception and water conservation by preserving existing native trees and shrubs, and planting additional native or drought tolerant trees and large shrubs. 7. Minimize the use of impervious surfaces, such as decorative concrete, in the landscape design. 8. Use natural drainage systems to the maximum extent practicable. 9. Other site design options, which are comparable, and equally effective. Design Concept 2: Minimize. Directly Connected Impervious Areas (DCIAs) Priority projects shall consider, and incorporate and implement the following design characteristics, where determined applicable and feasible: 1. Where landscaping is proposed, drain rooftops into adjacent landscaping prior to discharging to the storm drain. 2. Where landscaping is proposed, drain impervious sidewalks, walkways, trails, and patios into adjacent landscaping. 3. Other design characteristics that is comparable and equally effective. Step 2: Protect Slopes and Channels Project plans shall include storm water BMPs to decrease the potential for erosion of slopes and/or channels, consistent with local codes and ordinances and with the approval of all agencies with jurisdiction, e.g., the U.S. Army Corps of Engineers, the San Diego Regional Water Quality Control Board, and the California Department of Fish and Game. The following design principles shall be considered, and incorporated and implemented where determined applicable and feasible by National City: 19 1 1. Convey runoff safely from the tops of slopes. 2. Vegetate slopes with native or drought tolerant vegetation. 3. Control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems. 4. Stabilize permanent channel crossings. 5. Install energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels in accordance with applicable specifications to minimize erosion. Energy dissipaters shall be installed in such a way as to minimize impacts to receiving waters. 6. Other design principles, which are comparable and equally effective. b. Source Control BMPs Step 3:Provide Storm Drain System Stenciling and Signage Storm drain stencils are highly visible source control messages, typically placed directly adjacent to storm drain inlets. The stencils contain a brief statement that prohibits the dumping of improper materials into the urban runoff conveyance system. Graphical icons, either illustrating anti -dumping symbols or images of receiving water fauna, are effective supplements to the anti- dumping message. Priority projects shall include the following requirements in the project design, where determined applicable and feasible by National City. 1. Provide stenciling or labeling of all storm drain inlets and catch basins within the project area with prohibitive language (such as: "NO DUMPING — I LIVE DOWNSTREAM" and/or graphical icons to discourage illegal dumping. 2. Post signs and prohibitive language and/or graphical icons, which prohibit illegal dumping at public access points along channels and creeks within the project area. 3. Maintain legibility of stencils and signs. Step 4: Design Outdoor Material Storage Areas to Reduce Pollution Introduction Improper storage of materials outdoors may increase the potential for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids, and other pollutants to enter the urban runoff conveyance system. Where the priority project plans include outdoor areas for storage of hazardous materials that may contribute pollutants to the urban runoff conveyance system, the following storm water BMPs are required: 1. Hazardous materials with the potential to contaminate urban runoff shall either be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff or spillage to the storm water conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. 2. The storage area shall be paved and sufficiently impervious to contain leaks and spills. 3. The storage area shall have a roof or awning to minimize direct precipitation within the secondary containment area. Step 5: Design Trash Storage Areas to Reduce Pollution Introduction All trash container areas shall meet the following requirements (limited exclusion: detached residential homes): 1. The area shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, screened or walled to prevent off -site transport of trash; or, 2. Attached lids shall be mounted on all trash containers that exclude rain, or a roof or awning be installed to minimize direct precipitation. Step 6: Use Efficient Irrigation Systems & Landscape Design Priority projectsshall design the timing and methods of application of irrigation water to minimize the runoff of excess irrigation water into the storm water conveyance system. (with the limited exclusion of detached residential homes) The following methods to reduce excessive irrigation runoff shall be considered, and shall be incorporated and implemented where determined applicable and feasible by National City: 1. Employment of rain shutoff devices to prevent irrigation after precipitation. 2. Design of irrigation systems to each landscape area's specific water requirements. 3. Use of flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. 4. Employment of other comparable, equally effective, methods to reduce irrigation water runoff. Step 7: Incorporate Requirements Applicable to Individual Priority Project Categories Where identified in Table 2, the following requirements shall be incorporated into applicable priority projects during the storm water BMP selection and design process. Projects shall adhere to each of the individual priority project category requirements that apply to the project (e.g.,'a restaurant with more than 15 parking spaces would be required to incorporate the requirements for " g. Equipment Wash Areas and "h. Parking Areas" into the project design). a. Private Roads The design of private roadway drainage shall use at least one of the following (for further guidance, see Start at the Source [1999]): 21 AMI<W,......-MV,MoNass4Wndff2Ta 1. Rural swale system: street sheet flows to vegetated swale or gravel shoulder, curbs at street corners, culverts under driveways and street crossings; 2. Urban curb/swale system: street slopes to curb, periodic swale inlets drain to vegetated swale/biofilter; 3. Dual drainage system: First flush captured in street catch basins and discharged to adjacent vegetated swale or gravel shoulder, high flows connect directly to storm water conveyance system. 4. Other methods, which are comparable and equally effective within the project may be used. b. Residential Driveways & Guest Parking The design of driveways and private residential parking areas shall incorporate at least one of the following features: 1. Design driveways with shared access, flared (single lane at street) or wheelstrips (paving only under tires); or, draining into landscaping prior to discharging to the storm water conveyance system. 2. Pave temporary or guest parking on private residential lots with a permeable surface; or be, designed to drain into landscaping prior to discharging to the storm water conveyance system. 3. Other features which are comparable and equally effective. c. Dock Areas Loading/unloading dock areas shall include or observe the following: 1. Loading dock areas shall be covered or drainage designed to preclude urban run-on and runoff. 2. Direct connections to storm drains from depressed loading docks (truck wells) shall be prohibited. 3. Other features may be used which are comparable and equally effective. d. Maintenance Bays Maintenance bays shall include and observe the following: 1. Repair/maintenance bays shall be installed indoors; or, be designed to preclude urban run- on and runoff. 2. The repair/maintenance bay drainage system shall be designed to capture all wash water, leaks and spills. Drains shall be connected to a sump for collection and disposal. Direct connection of the repair/maintenance bays to the storm dram system shall be prohibited. If required by National City, an Industrial Waste Discharge Permit shall be obtained by the business. OR 3. Other features which are comparable and equally effective may be used. e Vehicle Wash Areas Priority projects that include areas for washing/steam cleaning of vehiclesshall consider, and shall incorporate and implement where determined applicable and feasible by National City, the following: 1. Be self-contained; or covered with a roof or overhang; 2. Be equipped with a clarifier or other pretreatment facility; 3. Be properly connected to a sanitary sewer. 4. Consider other features winch are comparable and equally effective for design and use. f. Outdoor Processing Areas Outdoor process equipment operations, such as rock grinding or crushing, painting or coating, grinding or sanding, degreasing or parts cleaning, landfills, waste piles, and wastewater and solid waste treatment and disposal, and other operations determined to be a potential threat to the water quality by National City shall adhere and observe the following requirements: 1. Areas that would be the most significant source of pollutants are to be covered or enclosed; or, slope the area toward a dead-end sump; or be discharged to the sanitary sewer system following appropriate treatment in accordance with conditions established by the applicable sewer agency. 2. Grade or berm the area to prevent run-on from surrounding areas. 3. Storm drains shall not he installed in areas of equipment repair. 4. Other features, which are comparable or equally effective, may be used. g• Equipment Wash Areas Outdoor equipment/accessory washing and steam cleaning activities at priority projects shall use or observe at least one of the following: 1. Be self-contained, or be covered with a roof or overhang; 2. Be equipped with a clarifier, grease trap or other pretreatment facility, as appropriate; 3. Be properly connected to a sanitary sewer. 4. Use other features, which are comparable or equally effective. 23 h. Parking Areas To minimize the offsite transport of pollutants from parking areas, the following design concepts shall be considered, and shall be incorporated and implemented where determined applicable and feasible by National City: 1. Where landscaping is proposed in parking areas, landscape areas are to be incorporated into the drainage design. 2. Construct overflow parking (parking stalls provided, in excess of National City's minimum parking requirements) with permeable paving. 3. Use other design concepts, which are comparable and equally effective. i. Roadways Priority roadway projects shall select treatment control BMPs following the enhanced treatment control selection procedure identified in Section VL2, "Establish Storm Water BMPs. I• Fueling Area Non -retail fuel dispensing areas shall contain or observe the following: 1. Use an overhanging roof structure or canopy. The cover's minimum dimensions must be equal to or greater than the area within the grade break. The cover must not drain onto the fuel dispensing area and the downspouts must be routed to prevent drainage across the fueling area. The fueling area shall drain to the project' s treatment control BMP(s) prior to discharging to the storm water conveyance system. 2. Be paved with Portland cement concrete (or equivalent smooth impervious surface). The use of asphalt concrete shall be prohibited. 3. An appropriate slope to prevent ponding shall be provided, and must be separated from the rest of the site by a grade break that prevents run-on of urban runoff. 4. At a minimum, the concrete fuel dispensing area shall extend 6.5 feet (2.0 meters) from the corner of each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus 1 foot (0.3 meter), whichever is less. k. Hillside Landscaping Hillside areas, as defined in this SUSMP, that are disturbed by project development shall be landscaped with deep-rooted, drought tolerant plant species selected for erosion control, satisfactory to National City. c. Treatment Control BMPs Minimizing a development's detrimental effects on water quality can be most effectively achieved through the use of a combination of site design, source and treatment control storm 24 water BMPs. Priority projects shall be designed to remove pollutants of concern from the storm water conveyance system to the maximum extent practicable through the incorporation and implementation of treatment control BMPs. In meeting the requirements in this section, priority projects shall implement a single or combination of storm water BMPs that will remove anticipated pollutants of concern, as identified by the procedure in Section VI.I, in site runoff to the maximum extent practicable. Treatment control BMPs must be implemented unless a waiver is granted to the project by National City based on the infeasibility of any treatment control BMP. Step 8: Design to Treatment Control,BMP Standards All priority projects shall be designed, constructed and shall implement structural treatment control BMPs that meet the design standards of this section, unless specifically exempted by the limited exclusions listed at the end of Step 8. Structural treatment control,BMPs required by this section shall be operational prior to the use of any dependent development, and shall be located and designed in accordance with the requirements in Step 8 and Step 9. National City may choose to eliminate one or more of the numeric volume or flow sizing methods listed below. Volume 1. Volume -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: i The volume of runoff produced from a 24-hour 85th percentile storm event, as determined from the local historical rainfall record (0.6 inch approximate average for the San Diego County area)4; or ii. The volume of runoff produced by the 85th percentile 24-hour runoff event, determined as the maximized capture urban runoff volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998); or iii. The volume of annual runoff based on unit basin storage volume, to achieve 90 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook — Industrial/ Commercial, (1993), or iv. The volume of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile 24-hour runoff event,5 4. This volume is not a single volume to be applied to all of San Diego County. The size of the 851h percentile storm event is different for various parts of the County. National City has calculated the 85thpercentile storm event using local rain data. In addition, isopluvial maps contained in the County of San Diego Hydrology Manual may be used to extrapolate rainfall data to areas where insufficient data exists. If isopluvial maps are selected, Copermittees shall describe their method for using isopluvial maps in their Jurisdictional SUSMP. 5: Under this volume criterion, hourly rainfall data may be used to calculate the 85th percentile storm event, where each storm event is identified by its separation from other storm events by at least six hours of no rain. If hourly rainfall data is selected, National City shall describe the method using hourly rainfall data in its Jurisdictional SUSMP. 25 OR Flow 2. Flow -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: i. The maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour for each hour of a storm event; or ii. The maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity, as determined from the local historical rainfall record, multiplied by a factor of two; or iii. The maximum flow rate of runoff, as determined: from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile hourly rainfall intensity multipliedby a factor of two. Limited Exclusions: 1. Proposed restaurants, where the land area for development or redevelopment is less than 5,000 square feet, are excluded from the numerical sizing criteria requirements listed in Section VI.2.c, Step 8. 2: Where significant redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in Section VI.2.c, Step 8 shall apply only to the addition, and not to the entire development. Step 9: Locate BMPs Near Pollutant Sources Structural treatment control storm water BMPs should be implemented close to pollutant sources to minimize costs and maximize pollutant. removal prior to runoff entering receiving waters. Such BMPs may be located on- or off -site, be used singly or in combination, or be shared by multiple new developments, pursuant to the following requirements: 1. All structural treatment control BMPs shall be so located as to infiltrate, filter, and/or treat the required runoff volume or flow prior to its discharge to any receiving water body supporting beneficial uses; 2. Multiple post -construction structural treatment control BMPs for a single priority development project shall collectively be designed to comply with the design standards of Step 8; 3. Shared storm water BMPs shall be operational prior to the use of any dependent development or phase of development. The shared BMPs shall only be required to treat 26 the dependent developments or phases of development that are in use; 4. Interim storm water BMPs that provide equivalent or greater treatment than is required by Section 3.a may be implemented by a dependent development until -each shared BMP is operational. If interim BMPs are selected, the BMPs shall remain in use until permanent BMPs are operational. Step 10: Restrictions on Use of Infiltration BMPs Three factors significantly influence the potential for urban runoff to contaminate ground water. They are: (i) pollutant mobility; (ii) pollutant abundance in urban runoff, and, (iii); soluble fraction of pollutant. The risk of contamination of groundwater may be reduced bypretreatment of urban runoff. A discussion of limitations and guidance for infiltration practices is contained in Potential Groundwater Contamination from Intentional and Non -Intentional Stormwater Infiltration, Report No. EPAf600/R-94%051, USEPA (1994). To protect groundwater quality, National City shall apply restrictions to the use of any BMPs that are designed to primarily function as infiltration devices (such as infiltration trenches and infiltration basins). As additional ground water basin data is obtained, National City may develop additional restrictions on the use of any BMPs that allow incidental infiltration. At a minimum, the use of structural treatment BMPs designed to primarily function as infiltration devices shall meet or observe the following conditions6: 6. These conditions do not apply tostructural treatment BMPs which allow incidental infiltration and are not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.) 27 1. Urban runoff from commercial developments shall undergo pretreatment to remove both physical and chemical contaminants, such as sedimentation or filtration, prior to infiltration. 2. All dry weather flows shall be diverted from infiltration devices except for those non - storm water discharges authorized pursuant to 40 CFR 122.26(d)(2)(iv)(B)(1): diverted stream flows, rising ground waters, uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)] to storm water conveyance systems, uncontaminated pumped ground water, foundationdrains, springs, water from crawl space pumps, footing drains, air conditioning condensation, flow from riparian habitats and wetlands, water line flushing, landscape irrigation, discharges from potable water sources other than water main breaks, irrigation water, individual residential car washing, and dechlorinated swimming pool discharges. 3. Pollution prevention and source control BMPs shall be implemented at a level appropriate to protect groundwater quality at sites where infiltration structural treatment BMPs are to be used. 4. The vertical distance from the base of any infiltration structural treatment BMP to the seasonal high groundwater mark shall be at least 10 feet or as determined on an individual, site -specific basis by the Copermittee. Where groundwater does not support beneficial uses, this vertical distance criterion may be reduced, provided groundwater quality is maintained. 5. The soil through which infiltration is to occur shall have physical and chemical characteristics (such as appropriate cation exchange capacity, organic content, clay content, and infiltration rate) that are adequate for proper infiltration durations and treatment of urban runoff for the protection of groundwater beneficial uses. 6. Infiltration structural treatment BMPs shall not be used for areas of industrial or light industrial activity; areas subject to high vehicular traffic (25,000 or greater average daily traffic on main roadway or 15,000 or more average daily traffic on any intersecting roadway); automotive repair shops; car washes; fleet storage areas (bus, truck, etc.); nurseries; and other high threat to water quality land uses and activities as designated by National City in its SUSMP. 7. The horizontal distance between the base of any infiltration structural BMP and any water supply wells shall be 100 feet or as determined on an individual, site -specific basis by National City. Where infiltration BMPs are authorized, their performance shall be evaluated for impacts on groundwater quality. In developing the Jurisdictional SUSMP, National City shall developed additional restrictions on the use of treatment control BMPs that are designed to primarily function as infiltration devices. National City shall consider the Section D.l.g. permit requirements to control the contribution of pollutants from one portion of the watershed to another portion of the watershed through interagency agreements among the Copermittees. In those instances where National City determines that implementation of proposed infiltration BMPs within their jurisdiction has a potential impact to groundwater quality in another jurisdiction, National City will require a notification to by those proposing such use, in addition to requiring the above protection measures. 28 3. PROVIDE PROOF OF ONGOING STORM WATER BMP MAINTENANCE National City shall not consider structural BMPs "effective," and therefore shall not accept, storm water BMPs as meeting the MEP standard, unless a mechanism is in place that will ensure ongoing long-term maintenance of all. structural BMPs. This mechanism may be provided by National City or be required by the project proponent. As part of project review, if a project proponent is required to include interim or permanent structural BMPs in project plans. National City shall require that the applicant to provide verification of maintenance requirements through such means as may be appropriate,at the discretion of National City, including, but not limited to covenants, legal agreements, maintenance agreements, and/or conditional use permits. Maintenance Mechanisms 1. Public entity maintenance: National City may approve a public or acceptable quasi -public entity (e.g., the County Flood Control District, or annex to an existing assessment district, an existing utility district, a state or federal resource agency, or a conservation conservancy) to assume responsibility for maintenance, repair and replacement of the BMP. Unless acceptable to National City, public entity maintenance agreements shall ensure estimated costs are front -funded or reliably guaranteed, (e.g., through a trust fund, assessment district fees, bond, letter of credit or similar means). In addition, National City may seek protection from liability by appropriate releases and indemnities. National City shall have the authority to approve storm water BMPs proposed for transfer to any other public entity within its jurisdiction before installation. National City shall be involved in the negotiation of maintenance requirements with any other public entities accepting maintenance responsibilities within their respective jurisdictions; and in negotiations with the resource agencies responsible for issuing permits for the construction and/or maintenance of the facilities. National City must be identified as a third party beneficiary empowered to enforce any such maintenance agreement within their respective jurisdictions. 2. Project proponent agreement to maintain storm water BMPs: National City may enter into a contract with the project proponent obliging the project proponent to maintain, repair and replace the storm water BMP as necessary into perpetuity. Security or performance bonds may be required. 3. Assessment districts: National City may approve an Assessment District or other fimding mechanism created by the project proponent to provide funds for storm water BMP maintenance, repair and replacement on an ongoing basis. Any agreement with such a District shall be subject to the Public Entity Maintenance Provisions above. 4. Lease provisions: In those cases where National City holds title to the land in question, and the land is being leased to another party for private or public use, National City may assure storm water BMP maintenance, repair and replacement through conditions in the lease. 29 5. Conditional use permits: For discretionary projects only, National City may assure maintenance of storm water BMPs through the inclusion of maintenance conditions in the conditional use permit. Security may or performance bond may be required. 6. Alternative mechanisms:National City may accept alternative maintenance mechanisms if such mechanisms are as protective those listed above. Verification Mechanisms For discretionary projects, National City -approved methods of storm water BMP maintenance shall be incorporated into the project's permit, and shall be consistent with permits issued by resource agencies before approval of discretionary permits. For projects requiring only ministerial permits, National City approved method of storm water BMP maintenance shall be incorporated into the permit conditions before the issuance of any ministerial permits. In all instances, the project proponent shall provide proof of execution of National City approved method of maintenance repair and replacement before the issuance of construction approvals. Public projects that are not required to obtain National City permits shall be required and be responsible for ensuring that National City approved methods of storm water BMP maintenance, repair and replacement is executed prior to the commencement of construction. For all. properties, the verification mechanism will include the project proponent's signed statement, as part of the project application, accepting and guaranteeing responsibility for all structural BMP maintenance, repair and replacement, until a National City approved entity agrees to assuife responsibility for structural BMP maintenance, repair and replacement. Maintenance Requirements 1. Operation & Maintenance (O&M) Plan: National City shall ensure that a copy of an Operation & Maintenance (O&M) plan, prepared by the project proponent satisfactory to National City, is attached to the approved maintenance agreement, which describes the designated responsible party to manage the storm water BMP(s) employee's training program and duties, operating schedule, maintenance frequency, routine service schedule, specific maintenance activities, copies of resource agency permits, and any other necessary activities. At a minimum, maintenance agreements shall require the inspection and servicing of all structural BMPs on an annual basis. The project proponent or National City approved maintenance entity shall complete and maintain O&M forms to document all maintenance requirements. Parties responsible for the O&M plan shall retain records for at least 5 years. These documents shall be made available to National City for inspection upon request at any time. 2. Access Easement/Agreement: As part of the maintenance mechanism selected above, National City shall require an executed access easement that is binding on the land throughout the life of the project, or until such time that the storm water BMP requiring access is replaced. 4. WAIVER OF STRUCTURAL TREATMENT BMP REQUIREMENTS 30 National City may provide for a project to be waived from the requirement of implementing structural treatment BMPs (Section VI.2.c, "Design to Treatment Control BMP Standards") if infeasibility can be established. National City shall only grant a waiver of infeasibility when all available structural treatment BMPs have been considered and rejected as infeasible. National City shall notify the Regional Board within 5 days of each waiver issued and shall include the name of the person granting each waiver. Waivers may only be granted from structural treatment BMP and structural treatment BMP sizing requirements. Priority development projects, whether or not granted a waiver may not cause or contribute to an exceedance of waterquality objectives. Pollutants in runoff from projects granted a waiver must still he reduced to the maximum extent practicable. National City will implement a waiver program or at its option also develop a SUSMP waiver impact fee program to require project proponents who have received waivers to transfer the savings in cost, or a proportionate share thereof, as determined by the Copermittee, to a storm water mitigation fund. National City shall notify the RWQCB if a SUSMP waiver impact fee program is developed pursuant to this model SUSMP. SUSMP waiver impact fee program set out in jurisdictional SUSMP submissions, or in supplemental submissions if multiple Copermittees establish a joint mitigation fund program for that watershed maybe substituted. The Jointly Developed by San Diego Copermitees SUSMP does not preclude National City from imposing any other fees or charges on development projects that are permitted bylaw, or from managing or expending the monies received from such non-SUSMP programs in any other manner authorized by law. 31 VII. RESOURCES AND REFERENCES, APPENDIX A STORMWATER BEST MANAGEMENT PRACTICES The following are a list of$MPs to minimize the introduction of pollutants of concern that may result in significant impacts to receiving waters. Other BMPs approved by National City, as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. See Appendix B: Suggested Resources for additional sources of information. All BMPs must comply with local zoning and building codes and other applicable regulations., Site Design BMPs Minimizing Impervious Areas ❑ Reduce sidewalk widths o Incorporate landscaped buffer areas between sidewalks and streets. o Design residential streets for the minimum required pavement widths ❑ Minimize the number of residential street cul-de-sacs and incorporate landscaped areas to reduce their impervious cover. ❑ Use open space development that incorporates smaller lot sizes o Increase building density while decreasing the building footprint o Reduce overall lot imperviousness by promoting alternative driveway surfaces and shared driveways that connect two or more homes together o Reduce overall imperviousness associated with parking lots by providing compact car spaces, minimizing stall dimensions, incorporating efficient parking lanes, and using pervious materials in spillover parking areas Increase Rainfall Infiltration o Use permeable materials for private sidewalks, driveways, parking lots, and interior roadway surfaces (examples: hybrid lots, parking groves, permeable overflow parking, etc.) ❑ Direct rooftop runoff to pervious areas such as yards, open channels, or vegetated areas, and avoid routing rooftop runoff to the roadwayor the urban runoff conveyance system Maximize Rainfall Interception o Maximizing canopy interception and water conservation by preserving existing native trees and shrubs, and planting additional native or drought tolerant trees and large shrubs. Minimize Directly Connected Impervious Areas (DCIAs) ❑ Draining rooftops into adjacent landscaping prior to discharging to the storm drain ❑ Draining parking lots into landscape areas co -designed as biofiltration areas ❑ Draining roads, sidewalks, and impervious trails into adjacent landscaping Slope and Channel Protection o Use of natural drainage systems to the maximum extent practicable o Stabilized permanent channel crossings ❑ Planting native or drought tolerant vegetation on slopes o Energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels Maximize Rainfall Interception ❑ Cisterns ❑ Foundation planting Increase Rainfall Infiltration ❑ Dry wells Source Control BMPs ❑ Storm drain system stenciling and signage ❑ Outdoor material and trash storage area designed to reduce or control rainfall runoff ❑ Efficient irrigation system Treatment Control BMPs Biofilters ❑ Grass swale ❑ Grass strip ❑ Wetland vegetation swale ❑ Bioretention Detention Basins ❑ Extended/dry detention basin with grass lining ❑ Extended/dry detention basin with impervious lining 33 Infiltration Basins • Infiltration basin o Infiltration trench • Porous asphalt a Porous concrete a Porous modular concrete block Wet Ponds and Wetlands o Wet pond (permanent pool) • Constructed wetland Drainage Inserts • Oil/Water separator a Catch basin insert a Storm drain inserts o Catch basin screens Filtration Systems u Media filtration o Sand filtration Hydrodynamic Separation Systems ij Swirl Concentrator u Cyclone Separator nfl APPENDIX B SUGGESTED RESOURCES HOW TO GET A COPY Better Site Design: A Handbook for Changing Development Rules in Your Community (1998) Presents guidance for different model development alternatives. California Urban runoff Best Management Practices Handbooks (1993) for Construction Activity, Municipal, and Industrial/Commercial Presents a description of a large variety of Structural BMPs, Treatment Control, BMPs and Source Control BMPs Caltrans Urban runoff Quality Handbook: Planning and Design Staff Guide (Best Management Practices Handbooks (1998) Presents guidance for design of urban runoff BMPs Design Manual for Use of Bioretention in Stormwater Management (1993) Presents guidance for designing bioretention facilities. Design of Stormwater Filtering Systems (1996) by Richard A. Claytor and Thomas R. Schuler Presents detailed engineering guidance on ten different urban runoff -filtering systems. Development Planning for Stormwater Management, A Manual for the Standard Urban Stormwater Mitigation Plan (SUSMP), (May 2000) Center for Watershed Protection 8391 Main Street Ellicott City, MD 21043 410-461-8323 www.cwp.org Los Angeles County Department of Public Works Cashiers Office 900 S. Fremont Avenue Alhambra, CA 91803 626-458-6959 California Department of Transportation P.O. Box 942874 Sacramento, CA 94274-0001 916-653-2975 Prince George's County Watershed Protection Branch 9400 Peppercorn Place, Suite 600 Landover, MD 20785 Center for Watershed Protection 8391 Main Street Ellicott City, MD 21043 410-461-8323 Los Angeles County Department of Public Works http://dpw.cola.ca.us/epd/ or http://www.888cleanLA.com Florida Development Manual: A Guide to Sound Land and Water Management (1988) Presents detailed guidance for designing BM Ps Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters (1993) Report No. EPA-840-B-92-002. Provides an overview of, planning and design considerations, programmatic and regulatory aspects, maintenance considerations, and costs. Florida Department of the Environment 2600 Blairstone Road, Mail Station 3570 Tallahassee, FL 32399 850-921-9472 National Technical Information Service U.S. Department of Commerce Springfield, VA 22161 800-553-6847 Guide for BMP Selection in Urban Developed Areas (2001) ASCE Envir. and Water Res. Inst. 1801 Alexander Bell Dr. Reston, VA 20191-4400 (800) 548-2723 35 SUGGESTED RESOURCES HOW TO GET A COPY Low -Impact Development Design Strategies - An Integrated Design Approach (June 1999) Prince George's County, Maryland Department of Environmental Resource Programs and Planning Division 9400 Peppercorn Place Largo, Maryland 20774 httpillwww.co.pg.md.us/Government/DER/PPD/pgcount yllidmain.htm Maryland Stormwater Design Manual (1999) Presents guidance for designing urban runoff BMPs , . Maryland Depaituicut of the Environment 2500 Broening Highway Baltimore, MD 21224 410-631-3000 National Stormwater Best Management Practices (BMP) Database, Version 1.0 Provides data on performance and evaluation of urban runoff BMPs American Society of Civil Engineers 1801 Alexander Bell Drive Reston, VA 20191 703-296-6000 National Stormwater Best Management Practices Database (2001) Urban Water Resources Research Council of ASCE Wright Water Engineers, Inc. (303) 480-1700 Operation, Maintenance and Management of Stormwater Management (1997) Provides a thorough look at storm water practices including, planning and design considerations, programmatic and regulatory aspects, maintenance considerations, and costs. Watershed Management Institute, Inc. 410 White Oak Drive Crawfordville, FL 32327 850-926-5310 Potential Groundwater Contamination from Intentional and Non -Intentional Stormwater Infiltration Report No. EPA/600/R-94/051, USEPA (1994). Preliminary Data Summary of Urban runoff Best Management Practices (August 1999) EPA-821-R-99-012 http://www.epa.goviosestormwater/ Reference Guide for Stormwater Best Management Practices (July 2000) City of Los Angeles Urban runoff Management Division 650 South Spring Street, 7th Floor Los. Angeles, California 90014 http:I/www.lacuv.org/Safl/sWmd/ Second Nature: Adapting LA's Landscape for Sustainable Living (1999) by Tree People Detailed discussion of BMP designs presented to conserve water, improve water quality, and achieve flood protection. Tree People 12601 Mullholland Drive Beverly Hills, CA 90210 (818) 623-4848 Fax (818) 753-4625 Start at the Source (1999) Detailed discussion of permeable pavements and alternative driveway designs presented. Bay Area Stormwater Management Agencies Association 2101 Webster Street Suite 500 Oakland, CA 510-286-1255 SUGGESTED RESOURCES HOW TO GET A COPY Stormwater Management in Washington State (1999) Vols. 1-5 Presents detailed guidance on BMP design for new development and construction. Stormwater, Grading and Drainage Control Code, Seattle Municipal Code Section 22.800-22.808, and Director's Rules, Volumes 1-4. (Ordinance 119965, effective July 5, 2000) Texas Nonpoint Source Book — Online Module (1998)www.txnpsbook.org Presents BMP design and guidance information on-line The Practice of Watershed Protection by Thomas R. Shchuler and Heather K. Holland Urban Storm Drainage, Criteria Manual — Volume 3, Best Management Practices (1999) Presents guidance for designing BMPs Department of Printing State of Washington Department of Ecology P.O. Box 798 Olympia, WA 98507-0798 360-407-7529 City of Seattle Department of Design, Construction & Land Use 700 5th Avenue, Suite 1900 Seattle, WA 98104-5070 (206) 684-8880 V://www.ci.seattle.wa.usidclu/Codesisgdccode.htm Texas Statewide Urban runoff Quality Task Force North Central Texas Council of Governments 616 Six Flags Drive Arlington, TX 76005 817-695-9150 Center for Watershed Protection 8391 Main Street Ellicott City, MD 21043 410-461-8323 www.ewo.oIE Urban Drainage and Flood Control District 2480 West 26th Avenue, Suite 156-B Denver, CO 80211 303-455-6277 37 To: City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 Mayor -Elect Nick Inzunza Councilman Ron Morrison Councilman -Elect Frank Parra Councilman -Elect Louie Natividad From: Michael Dalla, City Clerk ;# Subject: City Council Vacancy "� Date: November 8, 2002 NEW BUSINESS ITEM # 16 12/3/02 The outcome of the November 5, 2002 Municipal Election will result in a vacancy on the City Council. That upcoming vacancy has prompted a number of questions regarding the process and options available to fill it. What follows is a review of some of the issues you should be aware of as you consider the most desirable course of action to take. Section 36512 (b) of the Government Code provides as follows: If a vacancy occurs in an elective office provided for in this chapter, the Council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. Appointment Process If the City Council determines to appoint someone to fill the vacancy, there is no formal procedure laid out in the Government Code that must be followed. The Council can determine their own procedure, provided all discussions and decisions about the procedure to be followed and the selection process itself are conducted in open session. The Brown Act prohibits a quorum — whether in a group or seriatim of Councilmembers from discussing among themselves either the ® Recycled Paper appointment process or prospective appointees when not in open session. Those provisions of the Brown Act apply equally to newly -elected Councilmembers who have not yet assumed office. (Government Code Section 54952.1) Time Constraints The Council vacancy will be created on December 3, 2002 when the new members take the oath of office. The 30-day window for appointment or calling an election ends January 3, 2003. The next and only Regular Meeting of the City Council after December 3, 2002 and prior to the January 3, 2003 deadline will be on December 17, 2002. If an appointment process is to be pursued, a special meeting(s) may be necessary to allow sufficient time to establish and complete the process within the 30-day statutory deadline. Obviously, time is of the essence in this matter. If the City Council fails to make an appointment within the 30-day statutory deadline and "If the City Council does not call an election...the vacancy shall be filled at the next regularly established election date." (Section 36512 (d) (3) of the Government Code). In other words, if you neither appoint nor call an election by January 3, 2003, then the seat will remain vacant until a Special Election can be held on June 3, 2003. The cost of a stand-alone Special Election will be between $70,000 to $80,000. There is a possibility of appointing someone to fill the vacancy until the Special Election is held, provided an appropriate Urgency Ordinance is adopted. That would be allowed under Government Code Section 36512 (c) (3) which reads, in part: "Not withstanding subdivision (b), a city may enact an ordinance which....provides that a person appointed to fill a vacancy on the City Council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term." I have reviewed this memorandum with the City Attorney, who concurs with the conclusions stated herein. MRD/mla cc: City Manager City Attorney CDC Director City of National City, California COUNCIL AGENDA STATEMENT ()METING DATE December 3, 2002 17 AGENDA ITEM NO. (-ITEM TITLE ADJUSTMENTS IN COMPENSATION FOR MAYOR AND CITY COUNCIL AND FOR CDC CHAIRMAN AND BOARD MEMBERS PREPARED BY George H. Eiser, HI O'DEPARTMENT City Attorney EXPLANATION Please see attached memorandum. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Direction to staff is requested. BOARD / COMMISSION RECOMMENDATION C> ATTACHMENTS ( Listed Below ) N/A Memorandum. A-200 19.99) Resolution No. City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301' George H. Elser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: November 25, 2002 FROM: City, Attorney SUBJECT: Adjustments in Compensation for Mayor and City Council and CDC Chairman and Board Members The last salary adjustment for the Mayor and City Council occurred on January 9, 2001, with the enactment of Ordinance No. 2001-2179. That ordinance provided that the salaries for the Mayor, City Council, and Chairman and Board Membersof the Community Development Commission shall be increased by the same percentages, on the same dates, and subject to the same conditions as the salary increases for Municipal Employees' Association Members. Accordingly, the current base monthly salary of the City Council is $826.55, the, monthly salary of the Mayor is $3,864.54, and the monthly salary of the Chairman and Members of the Community Development Commission is $826.55 Government Code Section 36516.5 provides that a change in compensation doesnot apply to a councilman during his term in office. However, compensation for all members of the City Council may be adjusted whenever one or more members become eligible for an increase by virtue of beginning a new term of office. As a result, adjustments to compensation of Council members have been geared to electionsat which members begin a new term in office. Pursuant to Government Code Section 36516(c), the Council may, by ordinance, increase its compensation by 5% per calendar year from the date of the last increase in compensation. Accordingly, the City Council may at this time increase its monthly salary by 10%, up to $909.20. Pursuant to Government Code Section 36516.1, an elected mayor may be provided with compensation in addition to that which he receives as a councilman, pursuant to an ordinance or by a vote of the electors at a municipal election. There are no limitations imposed on the amount of the mayor's compensation. If the Mayor's compensation were increased by 10% as in the case of the City Council, the Mayor's monthly salary would be $4,250.99. ® Recycled Paper Adjustments in Compensation November 25, 2002 Page Two An alternative method for dealing with city council compensation is found in Government Code Section 36516(b), which provides: At any municipal election, the question of whether city council members shall receive compensation for services, and the amount of compensation, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the compensation specified in the election call.Compensation of council members .may be increased beyond th e amount provided in this section or decreased below the amount in the same manner. Health and Safety Code Section 34130 (part of the Community Redevelopment Law) states that the City 'Council may provide for the compensation of members of the Community Development- Commission. There are no limits stated with respect to the amount of compensation, or with respect to the timing of any adjustments in compensation.Past practice has been for the Chair and Members of the Community Development Commission to receive the same compensation as the City Council, and for adjustments to be made at the sametime as adjustments in City Council compensation. Ordinance No. 91-2000 provides that "the salary for the Chairman and each member shall hereafter be the same as that paid each member of the City Council of the City of National City." Accordingly, the compensation for the Chairman and members of the CDC, if modified, would be set' at $909.20. If the City Council desires to adjust the salaries of the Mayor, City Council and CDC Chairman and Board Members, the Council has the following. options: 1. Adjust the salary of the Mayor, City Council members, and CDC Board Members by an amount not to exceed 10% from the last salary adjustment. 2. Adjust the salary of the Mayor, City Council members and CDC Board Members by the same percentages, on the same dates, and subject to the same conditions as the salary increases for Municipal Employees' Association members, not to exceed 10%0, from the last salary adjustment. 3. Adjust the salary of the Mayor and CDC Board in such alternative and/or: additional amounts as the Council may determine. Lastly, Government Code Section 36516(d) provides: Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section provided the same benefits are available and paid by the city for its employees. Adjustments in Compensation November 25, 2002 Page Three Accordingly, it is appropriate for the Council to consider at this time any adjustments to compensation other than salary. GEORGE H. EISER, Ill City Attorney GHE/gmo City of National City, California COUNCIL AGENDA STATEMENT December 3, 2002 MEETING DATE 18 AGENDA ITEM NO. (-ITEM TITLE TEMPORARY USE PERMIT —SWEETWATER TOWN & COUNTRY MERCHANTS - LUNCH WITH SANTA/TOY GIVEAWAY PREPARED BY DEPARTMENT Claudia Caro -Permit Technician Building and Safety EXPLANATION This is a request from the Sweetwater Town & Country Merchants Association to conduct a lunch with Santa & toy gift giveaway from 9:00 a.m. to 3:00 p.m. on December 14, 2002. The event will be held on the shopping center parking lot. The free event will consist of lunch being served to 150 children of the community. After the lunch, they will sing Christmas songs and Santa will then give them a gift. There will also be clowns, face painting, balloons and pony rides. The Association will setup a 30x30 canopy, 14 tables and 85 chairs. They are 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 X NIA Financial Statement The City has incurred $39 in costs in processing the T.U.P. application through various City Departments and an additional $85 for the Fire Department permit. 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 I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday, December 14, 2002 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 9:00 a.m. to 3:00 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. The use of a 900 square foot canopy will require a Fire Department permit. Please contact the Fire Department at the number above. 2. Maintain Fire Department access to the parking lot and any Fire Department connections at all times. FINANCE (336-4330) 1. A Business License is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. POLICE (336-4400) 1. No conditions, extra patrol. O�rrw N..A, A4 a �r RESUME .4=1A MAP an. aau Yam 15555.16 :55551 an. ml Yam flTM RYm 4IN461aR. VAS AMP lll;ll 11 lll;llll a:r.,.. :,lll Ii N /44/ _ __•_ ......... STATE STAfE ROUTE 54 �'%y0 anBan,gt,> MIA arr. 27.72 an San. x40,4AC 1615aw 55,ra JAI CARS IN f\® austmturrimillutta 0.mRAAMO1aC[ TBIAANATIAA s Ba sAa BaeABA tII.N}n R. %ABA R. MA an.. M4nY An SBr n R. 1,11'w1.sm I,Mr 2yu,ycc SITE PLAN SWEETWATER TOWN & COUNTRY Tj Fair Demonstration _ Grand Opening Festival' Circus Other Event Title: 2L4i,c/l . J ' 4(i/. Total Anticipated Attendance: v ( /5k'articpants) (I D d specfators) Event Location: Event Date(s): From I ma —to Month/Day/Year vent Actual Event Hours: 6 mr /pm to 3 am/pm �/ q� Setup/assembly/construction Date: Ia-12Starttime: '7 it Please describe the scope of your setup/assembly work (specific details): Dismantle Date: - '`Completion Ti any street(s) requiring dome as a result of this event. Include "street name($, day and time of closing and day and time of reopening. , p/ A Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name): Cti-.46- � 1 / � Address: l o MLLth Daytime Phone: (.6)4/Ovening Ph\e:6.3 L7`uT5Fax: ( / j Contact Person "on site" day of the event: % r " 7��,-' Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATNDANCE FOR THE DURATION OF THE EVENT AND -IMMEDIATELY AVAILABLE TO CrF,Y,:OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES please ex co in thepurpo provide amount(s): YES NO YES NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. (r-0 Estimated Expenses for this event. What is the -projected amount of revenue that the Nonprofit Organization will receive as a result of this event? • Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rid•es•or any other pertinent information about the event. ) "4"11;' rth /°1. Clis-rJ7b 4e9X0) /0 ir 04152- • JLAL Uefuhtai Minim). III/ /2401.0), fx,/ / 2 NO Does the event involve the sale or use of a ohohc eerages?' NO Will items or services be sold at the event? If yes, please describe: _ YES 4NO 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 mitten narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC'_ CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) f Tables and Chairs /4L, gO'� V Fencing, barriers and/or barricades L�E "'" UH' .A ➢/ Generator locations and/or source of electricity vP Canopies or tent locations (include tent/canopy dimensions) .30 X e t'"n-o > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above VTrash containers and dumpsters (Note: You must p • • y dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the, event the area must be returned to a dean condition.) _A, Number of trash cans: C2\ Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: tir-Aal,. /Lnv,id11-- YES O 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 0 Is this a night event? If YES, please state -how the event and surrounding area will be illuminated to ensure safety of the participants and spectators'. r.you ave. • Aid Staffi • arid duipment. _,_ ,14.2 : .!.6,41M7v; Aof / go.- 41(.0 --Wtse describe your Accessibility Plan for access at your event by individuals with disabilities: luitA eyr-ctu) hrtAgg,44 ( 124Ctk 4416 Jtittima461 Please provide a detailed description of your PARKING plan: ebv gwdet) Please describe your plan for DISABLED PARKING: *A4EJ o,r$b6ow,an m-az .4 t, Please describe your plans to notify all residents, businesses and churches impacted by the event: K� NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES . NO Are there any musical entertainment features related to your event? If YES, plea.sta state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES YNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES �, NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, lease describe: % "- For Office 11.se Only Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval I. 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 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 p to Question 3.. e ofthespon itte Type of Organization (Service C ub, Church, Social'Seervice Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) x No (Please sign the form and submit it with the TUP v \ 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? ' N Yes (Please provide an explanation and details. 4- No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to,ca government such as the generation of sales tax? Yes (Please provkle 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 Commur Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and sutimit it with the TUP Application) >STAFF RECOMMENDATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 3, 2002 19 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — BETHEL CHURCH - TOYS FOR JOY PREPARED BY Kathleen Trees, Director DEPARTMENT Building and Safety EXPLANATIOIrnis is a request from the Bethel Church to conduct a toy and food give-away Friday, December 13 from 5 p.m. to 10 p.m. They will give away 3,000-4,000 toys at the church located at 1200 E. 8th St. In addition each family will receive a bag of food. Entertainment will be provided in the form of music from choirs and contemporary musical bands. Amplifiers and stages will be used for this. Tables will be set up to provide snacks and information. A children's area with mimes and clowns will be set up to entertain the children. The church is requesting that 8th Street be closed between L Ave. and M Ave. from 4 p.m. until 11:00 p.m. for the safety of the pedestrians crossing 8th St. The Police, Fire, Public Works and Engineering Departments do not recommend closing of 8"' St. As an alternative, the Police Department recommends that the Public Works Department place signs on 8th St. in both directions warning motorists to reduce their speed for the event. They also suggest that Police or church volunteers wearing reflective vests be assigned to escort pedestrians across 8th St. at the crosswalk. The church is requesting a waiver of fees. The event and organization qualify for a waiver of fees per City Council Pelicy Number 70'1 lEnvironmental Review X N/A Financial Statement The City has incurred $345 in costs for processing the T.U.P. through various City departments. If 8t Street is closed an additional $285 would be required for Public Works. If the alternative warning signs are used the Public Works cost would b $125.60. Account No. Approve the Application for a 'I mporary Use Permit subject to compliance with all Conditions of Approval, deny the closing of 8th St. and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Bethel Church EVENT: Toy Give-away DATE OF EVENT: November 13, 2002 APPROVALS: PLANNING FIRE FINANCE POLICE CITY ATTORNEY RISK MANAGER PUBLIC WORKS ENGINEERING BUILDING AND SAFETY YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO I ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] Health Department, San Diego Transit and National City Transit have been notified. CONDITIONS OF APPROVAL: SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS FIRE 336-4550 1. Eastbound 86 Street at the ' 1200 block is a blind hill and would pose a hazard to pedestrians. It is also a main thoroughfare and would create considerable traffic confusion and congestion by being closed. 2. During this event no emergency access; fire hydrants or connections shall be blocked at any time. 3. The TUP request refers to the use of gas and electric for cooking purposes. If by gas the intent is a typical gas grill, the gas canister shall be of the newest approved type. The use of extension cords is prohibited therefore, electric appliances need to be plugged in inside the church if they are planned for cooking purposes. 4. If you have any questions, please call the fire department at the number above. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and the Parking Authority of National City, its officials, employees, agents and volunteers as additional insureds on above policies. 3. Standard hold harmless signed. (Done) 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 licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit, there will be no charge for the Business License. 2. 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. POLICE 336-4400 1. The event organizers do not wish to pay officers on overtime to work the event. 2. Police Department will request volunteers from the Reserves, Senior Volunteers and Cadets to assist with security and traffic control. 3. The Police Department will assign a School Resource Officer to work a booth/table to provide Child I.D. kitsand general informationabout the police department. We will adjust his schedule so there is no cost to the Church or City. 4. The Police Department does not recommend that E 8t .St be closed to traffic. A suggested alternative will be to place signs from Public Works on E 8th St. in both directions warning motorists to reduce speed ahead so they slow down prior to passing the church. Church volunteers or police volunteers using reflective vests should be assigned to escort pedestrians across the E 8`h St. crosswalk. These two precautions should significantly increase pedestrian safety during the event for crossing E. 8th St. PUBLIC WORKS 336-4380 1. We would strongly recommend against closing 8th St.. This would be a traffic hazard because of the large amount of traffic and the location of the hill. Without closing 8`h St. there are no services from Public Works. 2. Closing 8th St. would incur a cost of $285. 1..4°.4WW ENGINEERING 336-4380 1. Due to the heavy traffic volume generated on 8th St. as a major arterial street and the time requested for closure between 4 pm and 11 pm it is not recommended for approval by the Engineering Department. As an alternative, L Street between Plaza and 8th Street is recommended. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel ire 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. Bethel Evangelical Church of National City CA. Organization William R. Preston Person in Charge of Activity 1200 B. 8th Street National City CA. 91950 Address Dec.13,2002 Telephone Date(s) of Use 619 571-7914 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. Signat re o pplicant Pastor Official Title Nov.15,2002 Date For Office Use Doty Certificate of Insurance Approved 7 Type of Event Publiio.Goncert Parade _ Motion Picture Event Title. Event Location: Bethel Church 1200 E. 8th ST. National City CA. Festivalcommunity E? �nstration — Circus -� qck Party _Grand Opening Other Toy/foodgiveaway for I: the needy Toys FOR JOY Proclamation received 10/01/02 Event Date(s): From 12 / 13 to / 0 2 Month/Day/Year Actual Event Hours: 5PM am/pm to 1 GPM am/pm Total Anticipated Attendance: (250 Participants) 3 / 4 0 0 0( __ Spectators) Setup/assembly/construction Date:12 / 13 / 0 2 Start time: 8AM Please describe the scope of your setup/assembly work (specific details): Set up Includes: Stages, Lights/Portable Generators Port a Potties reg/handicap, Trash cans/Trash container Kids Play Area, Booths/food Areas, Toy Giveaway Area. 'Dismantle Date: j 7/1 1-1r4 Completion Time:1 3' PM anVPM 14AM List any stet(s)', requiring closure as a result of this event. Include street name(s), day and time, of closing and day and time of reopening. If possible closure of 8th ST. Between 4PM-11PM During the Pedestrian s ,m Even f Sponsoring Organization: Bethel Church/Miles Ahead Chief Officer of Organization (Name)Will lam/Miles Applicant(Name): Bill Preston/Pual Trejo For Profit X Not -for -Profit Address: 1200 E. 8th Street National City CA. 91950 619 571-7914 Daytime Phone: (854 583-9335 Evening Phone: ( ) same Fax: (61 477-8093 Contact Person "on site' day of the event: Bill Preston/ Paul Trejo 619 571-7914 Pager/Cellular: 858 583-951 6 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 4 4/1 64fr c? 4(; 04 •e1> Is your organization a "Tax Exempt nonprofitorganization? X YES NO Are admission, entry, vendor or participant fees required? YES X NO If YES, please explain the purpose and provide amount(s): $ None Estimated Gross Receipts including ticket, product and sponsorship sales from this event. 2K $ Estimated Expenses for this event. (Request donations for support. 2K None $ 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. Gifts & Food will be given to the less Fortunate Kids and their families. We will be handing out 3-4000 toysfor the Kids/ each family will receive a bag of food.Entertainment will also be provided while families wait in line, after receivei g their toys and food. Food stands will be set up to provide snacks Drinks and information. Entertainment. Includes music from choirs to comtempora;y Muscical Bands. There will also be a fully staff Kids'playarea where mimes, Clowns will entertain the Kids. YES X 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: YESL NO Does the event involve the sale br use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or _ highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your mute. 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 _ YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES _ NO Will the event involve the use of the City stage or PA system? We hope to have approval of the City Stage In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: D Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. D Food Concession and/or Food Preparation areas * Please describe how food will be served at the event: Prepare sn r•lc nn q ni qpo s able containers/bags,baskets filled uncool/unprared food items If you intend to cook food in the event area please specify the method: . X GAS x ELECTRIC x CHARCOAL OTHER (Specify): D Portable and/or Permanent Toilet Facilities Number of portable toilets: 4 (1 for every 250 people is required, unless the applicant cart show that there are facilities in the immediate area available to the public during the event) D Tables and Chairs D Fencing, barriers and/or barricades D Generator locations and/or source of electricity Canopies or tent Booths, exhibits,- ay enclosures) I ons (include tent/canopy dimensions 0 p. D Scaffolding, teaotters > Vehicles and/orbtr4ers. Platforms, stages, grandstands or related structures D Other related event components not covered above D 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.) 3 0 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: Will bring in trash containers/will have cialL 3 Please describe your procedures for both Crowd Control and Internal Securibi. Security teams strategically placed throuthout grounds will askfor assistance of the NCPD/teams of ushers and greeters will be directing guest during the Event. YES X 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: X 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 Treelights will be vrovidpd Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. will ask the assist ance of the NCFD/. Paramedic on site during the Event. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Will provide alternate roote for individuals special needs/ Handicap accesible restrooms facilities available. Please provide a detailed description of your PARKING plan: Will be able to provide a limited, amount of space for individuals w/disabilities all others will be asked to walk to the Event. Please describe your plan for DISABLED PARKING: A Please describe your plans to notify all residents, businesses and churches impacted by the. event: H , _Fliers Informing of the Event will be Personally Delivered to each resident and business in the sourounding area of the Event. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 2 Number of Bands: 10 Type of Music: Choirs/Contemporary X YES NO Will sound amplification be used? If YES, please indicate: Start time:5PM am/pm Finish Time 1 0PM am/pm X YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 4PM am/'pm Finish Time 4 s 30PM am/pm Please describe the sound equipment that will be used for your event P/A YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Anwser is NO X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: A Banner anouncing the Event will be placed on the Church wail. / TreeLighting will be Provided Revised 10/3/01 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 tertwhich 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 Bethel church/Miles Ahead Ministries. Type of Organization Church/Youth Ministries (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds tthe _sponsoring organization? No Yes (Please proceed to Question 4) X 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) 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? Yes (Please provide an explanation and details. x 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? Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 9 NOV-21-02 12:24 PM 831 C C Y 438 6253 P.01 RCORD CERTIFICATE OF L1ABIUTY INSURANCE ��Date: November 21 zoox ► S. P OGRAM MARSHRISK & INSURANCE SERVICES MANAGER: 4445 EASTGATE MALL, SUITE 300 . SANDIEGO,CA 92121 CA LTC:0437153 AGENT: WESTERN CHURCH INSURANCE SERVICES PO BOX 67419 THIS CERTIFICATE IS ISSUED AS A MATTER OFiNFORMATION'bNiV CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIPICATEDOESNGTAMEND L"XTENDOftALTERTHECOVEk1AOE9 AFFORDED BY THE POLIGIES BELOW AND g�( SCOTTS VALLEY: CA 95067PHOF E: 831-438-0900' '' COMPANIES AFFORDING -,COVERAGE INSURED: BETHEL EVANGELICAL CHURCH OF NATIONAL CITY COMPAN'( A Discover Property 5 Casualty 1200 EAST 8TH STREET NATIONAL CITY, CA 91951 COMPANY B INSURED CLIENT NUMBER: 548-012 COMPANY_. C CbVERAGEs RIi15 IS TO CERTIFY THA 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSOtD TO THE INSURED.NAME ADOVt rOR THE POLICY PERIOD I us:A f ED NOTWI I HS I ANDINO ANY REQUIREMENT, TERM OR CONOmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESP[CT TO WI IICH TH'S CCRTIf iCATE MAY BC ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI IC TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 't rrs SHOWN MAY HAVE BEEN REDUCED BY PAID. CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY ' EFFECTIVE DATE : POLICY . > EXPIRATION DATE LIMITS 14 GENERAL LIABILITY GENERAL AGGREGATE $3,000,000 X COMMERCIAL GENERAL LIABILITY D195P00002 9/1/02 9r1/09 PRODUCTS-COMP/OP AGO S9,000,000 }CLAIMS MADE X OCCUR PERSONAL SADV INJURY 71.000,000 OWNER'S & CONTRACTOR'S PROT '(h CURRENCE 31 000,000 FIRE DAMAGE (Any one fire) S100.000 MTV EXP (Any vnesxrson) S5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per _19_t) w,.; — PROPERTY DAMAGE OARAOE LIABILITY AUTO ONLY- EA ACCIDENT' A ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WC STATUTORY LIMITS EMPLOYER'S LIABILITY OTHER EL EACH ACCIDENT THE PROPRIETOR/ EL DISEASE - POLL Y LIMIT PARTNERS/EXECUTIVE I 4INCL EL DISEASE - EA YEE OFFICERS ARE: Excl. OTHER ��3 pp 'I &.. DERIPTION OI OPERATIONSlL(X ATIONSNEHICLt S/SPECIAL 117=1d3` VA1. 2 �(n,G The City of National City, Its Officials, Employees, Agents and Volunteers are named as Additional ��Ak ,—,f Insured as Respects Insured's use of blocked off streets between 8th Street and L & M Streets for ,, "Toys for Joy' Toy Distribution Outreach December 12-13 2002, ` C4i f� IC RTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CI I Y EILVU SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TILE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MNL Q. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHELEFT, BUT FAILURE TO MAIL , SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IUNU UPON THE COMPANY rrs AGENTS OR REPRESENTATIVES NATIONAL CITY, CA 91950 ATTN: KASSIA KOSSYTA FAX: 619336-4327 H0� RFSEt1TA adlt f-(. WCIS AS AGENTS FOR MARSH RISK OF SYSN DIEGO ACORD25-S (1IJ5) ©Ammocossess ion xe Entrance E vzr t+ Ent rove u Wlwn S onc+u.cn Exi exit Lower S04144 U Fxit s-to.8e a Cou -66o-rd C1ni laratevs Fun Zone Food S-torage rood is F ri bu.- tier, Too S+vrase Tod 6; veawad A"redOt City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 3, 2002 20 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT- MARIO'S FAMILY CLOTHING -SALE Claudia Caro, Permit Tech. Building and Safety PREPARED BY DEPARTMENT EXPLANATION This is a request from Mario's Family Clothing Center to conduct a three-day promotional parking lot sale on December 13-15, 2002 at the store located at 28 N. Euclid Avenue in National City. This will consist of clothes being sold on racks and tables. The hours of the sale are 10:00 a.m. to 7:00 p.m. each day. No food or beverages will be sold. X Environmental Review N/A Financial Statement 1'he City has incurred $150.00 in costs in processing the T.U.P. application through various City Departments. N/A Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD /COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 (9/80) I Type of Event., Public Concert Parade Motion Picture Event Title: Fair Festival Demonstration Circus j _ _Grand Opening Other „ io 411titYli Oat C Event Location: -73.7 i\.1) • E.,i1CLE_1Tfl kL1441.0 p 1 4.9 2n6 ° " A 14 Community Event • r Zip Event Date(s): F Total Anticipated Attendance: Month/Day/Year ( Participants) ( Spectators) Actual Event Hours: / ?pm to "7 erne Setup/assembly/construction Date: Ia- /3 Start time: 10___E3211 Please describe the scope of your setup/assembly work (specific details): t" Time: aniti:orri closure as a result of this event. trio -Jude street name(s), day ay and time of 'reopening. NO 2-- Sponsoring Organization: nARR.O (-14 Chief Officer of Organization (Name) Applicant (Name): C-- Address: tac-6 M E bThe I L., sTT n\i E For Profit Not -for -Profit Daytime Phone: (cLq.) a(.04 4,,51 Evening Phone: ( ) Fax: ( ) Contact Person "on site" day of the event: ()LA- I )(1-yi Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Ric S 1 Is your organization a "Tax Exempt, nonprofit" organization? _ YES _ NO Are admission, entry, vendor or participant fees required? _ YES VNO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other. pertinent information about the event. _ 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 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 1F NO Does the event involve a mo route of any kind along streets, sidewalks or highways'? If YES, attach a de d map of your proposed route indicate the direction of travel, and provide a written narrative to, explain your route. _ YES i/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 'I 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, displaysor enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security/. YES "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 Staffmg and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES L NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES V' NO Will sound amplification be used? If YES, please indicate: Number of Bands: Start time: am/pm Finish Time am/pm YES V NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised.10/3/01 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 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF''APPROVAL SPONSORING ORGANIZATION: Mario's Family Clothing DATE OF EVENT: Friday, December 13- Sunday, December 15, 2002 TIME OF EVENT: 10:00 a.m. to 7:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL FINANCE 336-4260 1. Mario's Family Clothing has a current Business License with the City of National City. If vendors other than Mario's will participate on this event, a business license is required for each vendor. ` A list of all vendors is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of businesslicense numbers. FIRE 336-4550 1. Emergency access shall be maintained at all times. 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 properly damage which includes the City, its officials, agents and employees namedas additional insured and to sign the, Hold, Harmless Agreement. Certificate of insurance must be attached to this permit. All. Organization ���' 1.I'f \ i� dj 1�Vi't��� � Co T) A, Person in ChargeofActivity � ��>�� �� �� � � ®` � Address pO F1)1 Telephone &7 \ q - to t Date(s) of Use 6 a '" 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 tkLe permittee or its agent employees or contractors. Signature of Applicant Official Title I i I21 Date For Office Use Only Certificate of Insurance Approved Date 7 PRODUCER G. S. Levine Insurance Services, Inc. y�77 Carmel Mountain Road . Diego i:,921114 - one: 858-481='8692 ACORD CERTIFICATE OF LIABILITY INSURANC OP)D DATE (MMIDDIYY) L0TH-1 04/24/02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFQRDING COVERAGE .. INSURED Clothing International, Inc. 672 "L" Street Chula Vista CA 91911 INSURER Fireman 's Fund Insurance INSURER'S: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEDNOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDWYYI pOLICY EXPIRATION ( LIMITS DATE (MMJDDIYY) I i GENERAL LIABILITY EACH OCCURRENCE 151,000,000 A X COMMERCIAL GENERAL LIABILITY AZC80698554 , 04/06/02 04/06/03 FIREDAMAGE(MYoneSre) $,100,000 CLAIMS MADE X OCCUR I MED EXP'(Any one person) s10,000 PERSONAL B ADV INJURY $ 1 , 000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG ' $ 2,000,000 I POLICY I. .I EC I I LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS - BODILY INJURY $ (Per accident) 41. PROPERTY DAMAGE i $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT i $ ANY AUTO" OTHER THAN EA ACC . $ - AUTO ONLY: AGG f $ EXCESS LIABILITY EACH OCCURRENCE I $ OCCUR I CLAIMS MADE AGGREGATE. i. $ IS DEDUCTIBLE 1 $ 1 RETENTION $ 1 $ WORKERS COMPENSATION AND WC IATU- i0/1-: I TORY LIMITS : ' ER ; EMPLOYERS' LIABILITY _ E.L. EACH ACCIDENT $ • E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: 28 North Euclid Avenue, National City, CA Rosado Associates and National City Plaza LLC are named as Additional Insured/Landlord per the attached CG2011 endorsement. *10 day notice of cancellation applies for non-payment of premium. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ROSAD02 Rosado Associates National City Plaza LLC PO Box 13086 La Jolla CA 92039 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES,BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUfHpRIZED REPRES TIVE' ACORD 25S (7/97) CACORD CORPORATION 1988 POLICY NUMBER; AZC80698554 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): 28 North Euclid Avenue, National City, CA 2. Name of Person or Organization (Additional Insured): Rosado Associates and National City Plaza LLC P.O. Box 13086 La Jolla, CA 92039 (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 EETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 3, 2002 21 AGENDA ITEM NO. (-ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE HIGHLAND AVENUE BAPTIST CHURCH AT 2605 HIGHLAND AVENUE (APPLICANT: SPRINT PCS ASSETS) (CASE FILE NO. CUP-2002-18) PREPARED BY Charley Marchesano DEPARTMENT Planning EXPLANATION The project is located at the Highland Avenue Baptist Church, just south of the Highlander Senior Residences. The 1.89 acre, General Commercial (CG) zoned property is developed with the church, located near Highland Avenue, and a two-story office/classroom building to the east. A small sign shed structure is located near the main Highland Avenue entrance to the site; the remainder of the land is utilized as parking area and landscaping. Sprint proposes to replace the existing sign shed with a new church tower, housing eight panel antennas. The tower will be 54-feet tall and measure 8-feet by 11-feet in width, with cross features facing north and south. The design of the tower and its exterior materials and colors are proposed to match the existing church building. A small addition to the church will be constructed to house necessary equipment. The Planning Commission held a public hearing on this item at their November 4, 2002 meeting. The applicant and church pastor spoke in favor of the proposal; there was no testimony in opposition. Commissioners noted that the project is a stealth facility and will compliment the existing church building. They also pointed out that the site could be used for future co -location by another wireless provider. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. (-STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes -Unanimous &') ATTACHMENTS - ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 29-2002 3. Site photos 2. Location Map 4. Reduced site plan and elevations A-200 (9.99) RESOLUTION NO. 29-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE HIGHLAND AVENUE BAPTIST CHURCH AT 2605 HIGHLAND AVENUE APPLICANT: SPRINT PCS ASSETS CASE FILE NO. CUP-2002-18 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility at the Highland Avenue Baptist Church at 2605 Highland Avenue at a duly advertised public hearing held on November 4, 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-2002.18 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 November 4, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the ° 1.89 acre property is large enough to accommodate the proposed wireless facility without restricting the existing church use. 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 ..site is served by Highland Avenue, an arterial street, with adequate capacity to handle the anticipated 1-2 site visits per month for the proposed use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed antenna arrays will be completely screened within the new tower structure, and since the proposed equipment shelter is designed to match the church building. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Sprint PCS Assets communications network, resulting in enhanced service for its customers BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility. Except as required by conditions of approval, alI plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File No. CUP-2002-18, dated September 27, 2002. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 2. Building plans shall show the proposed monument located ° outside the require ten -foot setback area off Highland Avenue. 3. The new monument shall be painted, textured, and maintained to match the church building. 4. Building plans for the project shall show the equipment enclosure with a conventional roof rather than a chain link cover. 5. The equipment enclosure exterior shall be treated with cement plaster to match the church building. 6. All GPS antennas shall be located such that they are completely screened and not visible from adjacent properties or streets. 7. _A detailed landscape and irrigation plan, including plant types, container sizes, methods of planting, irrigation types and coverage, etc., shall be submitted for review and approval by the Planning Director. The landscape plan shall include the proposed planting area around the base of the, tower structure. 8. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 9. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be, removed. 10. Plans submitted with any application for a building permit . must comply with the 1998 California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24 Energy and Handicapped Regulations. 11. The deteriorated portions of the existing street improvements (20' of driveway and 15' of sidewalk) along the property frontages shall be removed and replaced. 12. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. 13. 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 CountyRecorder. The applicant shall pay necessary PrtY� � 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. 14. 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. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolutions 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 November 18, 2002, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: MARTINELLI, FLORES, UNGAB, PARRA, BACA, REYNOLDS.,"GRAHAM. PROJECT LOCATION ZONE BOUNDARY LOCATION MAP 2605 Highland Avenue CUP-2002-18 NATIONAL CITY PLANNING DRN DATE: 10/612002 INITIAL HEARING: 11/412002 • Sift, PHOTOS Project site j O i ing west toward Highland Avenue Project site looking north down Highland Avenue • - PROPOSSED \ANTENNA TO Pt"SEE \, Att NOD • TWL PROPOSED LEASE ASEE 40 s-t. 2150 MONO DEL RIO NORMM STE 100 SDI DEGO. CA 92105 ROJECT INFORMATION•. HIGHLAND BAPTIST CHURCH SD34XC619-D 2006 SIGNLSND AVENUE NATIONAL CITY. CA 91900-7409 JUSISDICNONI CITY NATIONAL CITY ISSUE DATE. 09/25/02 ZONING MCI 196 INLL MCI 1011 FPRNR9AT 2ENN9 9e-@9iml EAGLE TCS 7365 MISSION GORGE RD. SUITS? SAN DIEOO, CA 92120 TEIJ 619.2296191. ONSULTANI RAIN BY LET NUMBER 4ENSION� PROPOSED MONO NU MD 10(S WOO. A MOP OF (E1 mum V ND IDES MHO MOIR J111111ilIIII'II pE6POSED woof EWIEWFM LOOMS NSW PM 6•-0' HFII OPP IVO w/ 0056 (MC lD :VATION 0NN6w1 MEOWS EL YO IEPEL PROPOSED It IKI1 CEO (6) S6DN0 _J(S -OF M JIG! • EVATION Flm9n Ha MILD 10 OE FOOJED DOSTMO 6' NON Wq o FENCE Pt DOOR PREMED OS NO MA MNnm 10 93 HDM (0 N ILORM TOP OF MONUUEM_40. TOP OF iW6H BEN1� �.b 009 OF Sim_L'L'D22E-0 SIP OF Is1 MONO SO1 HOS 10 DE REMOVED R •' s . 2 11IL'A'S SPNwPC3'" 2650 CAJINO DEL RIO NONM DIE 100 SW-UIE00, CA 9210B.. -PROJECT INFORMATIO HIGHLAND BAPTIST CHURCH SD34XC813-D E005 HIOEUATID AVENUE NATIONAL CfTY. CA 01950-7409 JURISOICTIONI CITYNATIONAL CITY URRENI ISSUE OATE: 09/25/02 ISSUED FOR: ZONING. EV.:oATE:EDCRIPIION: '. 00/26/M 00/m/00 09/11/OP 00/10/02 ISSUED FOR FHV. SONIC REVISION ISSUED FOR FINAL DONNE RE I MER ISSUED RA PREU ZR iINC RE-OEHOR OWED FOR O LL ZONING ISSUED FOR PROM WHIM) LANs'. PREP RED BY 1 JR JO EAGLE TCS 735S 1.0S910N GORGE RD. SUM P SAN MOO, CA 92120 TEL: 619-2296191 NSULTANT% RAWN BY. JM HN'—APV.. B.R. I J.J.O. ICENSURE• -(EET TILE ELEVATIONS EJT NUMBER EVISION' A3 SD-813 I 4 PROPCOED GPI MIME ATIMENO) TO (0 MIA PRI:POSED 0' MI SPEW EOLIMENT 000*000- P51*70010 IPPOIE (E) ausc. (E) &IRMO PRCPOSO) /MIER (E) -D. max 'ANNA FEHCE mm COSMO MIME IN C000*000 NOT mow coN cusp, fe-L,VI`g-4pTOP or »nnhltcs - - =1°0—'2;-fl- LEVEL 3,4 AC.!. TOP Ei FRESH OF/PE LOP OF STEEL EHO LEVEL ELBE PROPOSED 1/010SC4PH0 E:0010/0 SAY SHED NOM FEWER 111E. TO OE REMOVED iVATION SvLOP70Erl,vcr. _ PROMO) STEEL ROTOR)/ Ef$'-.P ON'Frk('Er. 'Z=‘,°;2!;:o. SPIEDIEInEta. SWOPS. PATS= $07 ROO MEER '0.6) TPEI."1211.10.119.1 MEE 1) EWER SIM MEE OEMS RYMER FOSO To 10101 (0 OtFol DEMO RCP 5117n PROPOSED INIDSCAMG MOUND MIER M. TO OE REMOVED VATION F CO CRAY POE --21P.OFJELBAE05. IC) ofilac 11011 POE DOE BIANNo 75. 1001 POE (0 MN POE "IT.605622:262620LATIVITT..:002=7226:1c.: „, SCALa 2 • 4. rim SNINII PCS'. 2650 CAMINO DEL RIO NORTH STE 100 SAN DIEGO, CA 92100 PROJECT INFORMATION: HIGHLAND BAPTIST CHURCH SD34XCB13—D 2605 HIGHLAND AVENUE NATIONAL CITY. CA 01950-7400 JURISDICTION: CITY NATIONAL CITY CURRENT ISSUE DATE: 09/25/02 SSUED FOR: ZONING EV.:q1ATE:ESCRIPTI A 10/Esyo: MANN FOR FOUL ZONING RENSIGH AL A oo/ta/oN ISSIEED FOR FINAL Ill o0/0/ox ISSUED FOR PRELSEPORY ADIOS 110-ov(ioN A 00/10/02 =EP FOR nNAL MANG A OS/El/OE :MED FOR Markt ZONING BC 24 KB CANS PROFANED BY. NSULTANT. EAGLE TCS 7365 MISSION GORGE En. NUTTER SAN DINGO, CA 92120 619E229-6191 RAWN BY: J.J.O. CENSURE: JM