The URL can be used to link to this page

Home My WebLink About2003 02-18 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — FEBRUARY 18, 2003 - 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. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR NICK INZUNZA INVOCATION APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF JANUARY 14, 2003 AND THE REGULAR MEETING OF FEBRUARY 4, 2003. PUBLIC ORAL COMMUNICATIONS (Three -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. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 2/18/03 PAGE 2 PRESENTATION Port Commissioner Jess VanDeventer — Biannual Port of San Diego Update PROCLAMATION Proclaiming the month of March 2003 to be: "SDSU MONTH" INTERVIEWS/APPOINTMENTS SANDAG --- Representative 1. Appointment to Civil Service Commission — Two Vacancies (City Clerk) 2. Appointment to Planning Commission — Two Vacancies (City Clerk) *Refer to Item #14 PUBLIC HEARING 3. Public Hearing — Hold Public Hearing Regarding Appropriation of 2002/2003 Supplemental Law Enforcement Services Fund. (Police) *Refer to Item #12 CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 4. Resolution No. 2003-24 A Resolution of the City Council of the City of National City scheduling a Public Hearing to consider a request for the formation of Residential Permit Parking District "I". (Lopez, TSC Item No. 2002-36) (Engineering) COUNCIL AGENDA 2/18/03 PAGE 3 CONSENT CALENDAR (Cont.) 5. Resolution No. 2003-25 A Resolution of the City Council of the City of National City authorizing initiation of procedures to become a participating agency of the Metro Wastewater Joint Powers Authority and authorizing the Mayor to execute an amendment to Joint Powers Agency Agreement. (Public Works/Engineering) 6. Resolution No. 2003-26 A Resolution of the City Council of the City of National City approving a tentative subdivision map for division of a 46,335 square foot property into eight parcels at the southeast corner of 8th Street and N Avenue. (Applicant: Gulf Unlimited Corporation) (Case File No. S-2002-2) (Planning) 7. Employee Performance Recognition Program. (City Manager) 8. WARRANT REGISTER NO. 31 (Finance) Ratification of Demands in the amount of $1,207,992.06. 9. Claim for Damages: Natalie Joy Louise Dakin (City Clerk) 10. Claim for Damages: Daniel Robert Mason (City Clerk) 11. Claim for Damages: Carmen Martinez (City Clerk) COUNCIL AGENDA 2/18/03 PAGE 4 NON CONSENT RESOLUTION 12. Resolution No. 2003-27 A Resolution of the City Council of the City of National City authorizing appropriation of 2002/2003 Supplemental Law Enforcement Services Funds. (Police) *Refer to Item #3 ORDINANCES FOR INTRODUCTION 13. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by adding Chapter 10.19 pertaining to seizure and forfeiture of public nuisance vehicles. (City Attorney) 14. An Ordinance of the City Council of the City of National City amending Chapter 2.28 of the National City Municipal Code pertaining to the Planning Commission. (City Attorney) *Refer to Item #2 OLD BUSINESS 15. Approval of the Management Plan concerning the Resource Assessment Timetable. (City Manager) WRITTEN COMMUNICATIONS 16. Material form Ted Godshalk requesting matching funds for Paradise Creek. NEW BUSINESS 17. Request by Chorale, Inc. to use the name and photographs of the National City Fire Department on promotional material for the Festival Amen 2003. (Fire) 18. Request to use the Community Center by the California Association for Bilingual Education and waiver of fees. (Public Works) COUNCIL AGENDA 2/18/03 PAGE 5 NEW BUSINESS (Cont.) 19. Request to us the Community Center by the Interamerican College for a graduation brunch and graduation ceremony and waiver of fees. (Public Works) 20. Temporary Use Permit — Beaudry R.V. parking lot sale and show. (Building & Safety) 21. Notice of Decision — Planned Development Permit for expansion of the Frank Toyota Dealership at 2400 National City Boulevard. (Applicant: John Potocki) (Case File No. PD-2002-6) (Planning) 22. Reservation of naming rights for the Miss National City Pageant — Councilman Morrison. 23. Authorization from City Council for Mayor to meet twice per month with City's representatives on Sweetwater Authority and County Water Authority and with their appropriate staff. (Mayor Inzunza) CLOSED SESSION Public Employment -Government Code Section 54957 Title: City Manager ADJOURNMENT Council Workshop - Citizen's Advisory Board — February 25, 2003 — 2:00 p.m. — Large Conference Room, Civic Center Next Regular City Council Meeting — March 4, 2003 - 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 fraclamatirrn WHEREAS, San Diego State University has played a preeminent role in the growth and vitality of the San Diego region for many years; and WHEREAS, SDSU grads have enriched our region's civic, economic and cultural realms in extraordinary ways. Today, the University is committed, more than ever, to leading the way on a multitude of significant fronts; and WHEREAS, SDSU Month offers an unprecedented month long celebration and opportunities to recognize the critical link between the University and the greater community, as well as the innumerable achievements of its enterprising faculty, staff, students and alumni; and WHEREAS, March 2003 has been designated SDSU Month — a time when SDSU and its partners can come together in meaningful ways by presenting unique opportunities for alumni and SDSU business partners to align with the University to offer special privileges to friends of SDSU at a spectrum of retail, entertainment, cultural and business venues; and WHEREAS, The City of National City along invites you to join with San Diego State University to create an inspiring month of unique possibilities for the University. NOW, THEREFORE, I, NICK INZUNZA, Mayor of the City of National City and the CITY COUNCIL —Councilman Luis Natividad, Councilman Ron Morrison, Councilman Frank Parra, and Councilman Fideles Ungab, do hereby proclaim the month of March 2003 to be: "SDSU MONTH" in the City of National City. IN WITNESS WF-IEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 18TH day of FEBRUARY, 2013. IC { n n ayor City of National City, California COUNCIL AGENDA STATEMENT FETING DATE February 18, 2003 ITEM TITLE AGENDA ITEM NO. 1 Appointment to Civil Service Commission - Two Vacancies PREPARED BY Michael R. Dalla, CMCEPARTMENT City Clerk EXPLANATION There are currently two vacancies on the Civil Service Commission for terms endin September 30, 2004 and September 30, 2007. The following four individuals have applie and been interviewed: 1. Mable Louise Attaway 2. Maria Patrice Amon 3. Patrick Amon 4. Edward Tracy Smith III Environmental Review _. N/A Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Proceed to fill the existing vacancies. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Now N/A A -too 19 99) City of National City, California COUNCIL AGENDA STATEMENT EETING DATE February 18, 2003 ITEM TITLE Appointment to Planning Commission PREPARED BY Michael R. Dalla, CM DEPARTMENT *Refer to Item #14 2 AGENDA ITEM NO. - Two Vacancies City Clerk EXPLANATION There are currently two vacancies on the Planning Commission for terms ending March 31, 2003 and March 31, 2004. The following nine individuals have applied and been interviewed: 1. Albert "Al" Alvarado 2. Maria Patrice Amon 3. Patrick Amon 4. Carlos Carrillo 5. Richard Hubbard 6. Leticia Quintero 7. Gabriel Saludares 8. Edward Tracy Smith III 9. Ditas Yamane Environmental Review XX N/A Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Proceed to fill the existing vacancies. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A -too y9 99, Account Poo SLESF FY 2002-2003 #208-411-203-515-0000 alEETING DAT City etratio a'; Cat', Catiforr a COUNCIL AGENDA STATEMENT February 18, 2003 rrii, TITLE PREPARED BY *Refer -to Item #12 AGENDA ITEM NO. Hold Public Hearing Regarding Appropriation of 2002/2003 Supplemental Law Enforcement Services Fund. Lt. Keith Fifield EXPLANATION 336-4543 DEPARTMENT Police Cl Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the State COPS program, the City of National City was allocated $115,405 as its share for fiscal year 2002/2003. These funds must be expended or encumbered by June 30, 2004, or be remitted to the State Controller for deposit into the General Fund. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. (Continued on page 2) NEA Q.A3At D 4Y AV a..12 There is no local match required for these funds. There will be no impact to the General Fund. STAFF R C3MMENDATtI Hold Public Hearing. BOARD Mr C MMI vSION RECOMMENDATION 3A`t ION N/A ATTACHMEN.TS Council Agenda Statement Hold Public Hearing Regarding Appropriation of 2002/2003 Supplemental Law Enforcement Services Fund. Page 2 Proposal The National City Police Department and Chief DiCerchio are therefore submitting a request that the City Council appropriate FY 2002/2003 Supplemental Law Enforcement Services Fund monies. In prior years, the County Auditor & Controller transferred the funds to the cities without first involving the Supplemental Law Enforcement Oversight Committee (SLEOC). This year, the statute requires the SLEOC to certify receipt of an approved expenditure plan from the governing board of that agency, in this case either the Board of Supervisors or the city councils. This year the Police Department requests authorization to purchase 27 Motorola XTS 5000 Digital Portable Radios and accessories. The purchase of these radios, along with 53 previously purchased XTS radios, will allow the Police Department to reach it's goal to issue each police officer their own portable radio. This purchase will nearly complete the full replacement of the Motorola Saber SI radios currently being used that are no longer available or serviceable. Motorola no longer produces Saber SI radios or replacement parts for them. The XTS radios are compatible with our current 800mhz system and the County's Regional Communications System should we join RCS in the future. The proposed resolution would authorize appropriation of $115,405 in FY 2002/2003 SLESF funds for the below listed XTS 5000 radios and accessories. All items include budget for installation, accessories, parts, delivery and tax. The Police Department requests that the purchase of the XTS 5000 Radios and accessories be Sole Sourced through Motorola. Motorola is the only authorized licensed dealer of their radios. Since these are the radios selected by the San Diego County Regional Communications System for use with the system, and our goal is to become part of the RCS, there are no other vendor alternatives. We will receive the price quoted in the RCS price book that all other agencies in the county receive. Purchasing Ordinance #1480, section 12, subsection a(2) allows the bid process to be waived when the commodity being purchased can only be obtained from one vendor. The only exception to this sole source request is the additional batteries. Multiplier Industries Inc. manufactures a battery that has proven to be of better quality and is only $36.00 each compared to the Motorola battery which they sale for $96.00 each. San Diego County has a current contract with Multiplier to provide batteries that we can piggyback on. See page 3 for expenditure budget. A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT 4EETING DATE February 18, 2003 AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION TO HOLD A PUBLIC HEARING ON THE FORMATION OF RESIDENTIAL PERMIT PARKING DISTRICT "I" LOCATED ON "A" AVENUE BETWEEN 24TH STREET AND 25TH STREET (LOPEZ TSC ITEM NO. 2002-36) PREPARED BY Adam J. Landa DEPARTMENT Engineering 336-4380 EXPLANATION Mrs. Silvia Lopez, a resident at 2427 "A" Avenue, has requested the formation of a Residential Parking District in her neighborhood. Employees from the Auto Body Shop at 2426 "A" Avenue frequently park in front of her residence and those of her neighbors. This has caused great inconvenience for the neighborhood. It is a concern when residents get home and cannot find a parking space in front of their residence. Mrs. Lopez has collected the signatures of 4 out of 5 properties that are involved in forming the new parking district. In accordance with City policy, the Engineering Staff conducted a survey (see attached report) on November 19, 2002 and December 3, 2002 of the area in the vicinity of the Auto Body Shop. The results of this survey was presented to the Traffic Safety Committee on January 8, 2003. At that meeting, it was recommended and approved that the parking district be established in accordance with the City Council Policy. The Policy requires that a public hearing be held before the establishment of the parking district. The public hearing shall be set for March 4, 2003 at 6:00 p.m. in the City Council Chambers. Environmental Review X NIA. Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDAT Hold the Public Hea .. d direct staff to pro ed with the formation of the district. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of January 8, 2003, approved the new parking district located on "A" Avenue between 24th and 25th Street. ATTACHMENTS ( Listed Below $ 1. Resolution 2. New Parking District boundaries Exhibit "A" 3. Staff Report to the Traffic Safety Committee Parking2 Resolution No. 2003-24 RESOLUTION NO. 2003 — 24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER A REQUEST FOR THE FORMATION OF RESIDENTIAL PERMIT PARKING DISTRICT "I" (LOPEZ, TSC ITEM NO.2002-36) WHEREAS, Silva Lopez, owner of 2437 "A" Avenue, has collected the signatures of four out of five property owners in the affected area requesting the formation of a Residential Parking District on "A" Avenue between 24th and 25th Streets due to parking areas being used by employees of a nearby business, which makes parking very difficult for residents; and 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 the proposed formation of a Residential Parking District on "A" Avenue between 24th and 25th Streets is hereby set for 6:00 p.m. on March 4, 2003, in the City Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California. BE IT FURTHER RESOLVED that the City Clerk of the City of National City, California, is hereby directed to provide notice of the time and place of said hearing in accordance with the law. PASSED and ADOPTED this 18th day of February, 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. tiser, III City Attorney Nick Inzunza, Mayor m I I J 1 Li z Li Li <CE z <11 74 th 25th ST - D/STRT T SO NDAR/ES t "77 + h c._ , , 1 , LL1 S I k --) 7 Lt.) Li --- -,, i ,,-- L.) • EX14181T "A" NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 8, 2003 ITEM TITLE: REQUEST TO ESTABLISH A RESIDENTIAL PARKING DISTRICT ON "A" AVENUE BETWEEN 24TH STREET AND 25TH STREET (BY: S. LOPEZ) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: The Traffic Safety Committee directed Staff to conduct the survey for the establishment of the parking district on "A" Avenue between 24th Street and 25th Street. On two separate occasions, a count of parking space usage and availability was made on this section of 24th Street and "A" Avenue. These are the results of the survey: Date of Survey 11/19/02 12/03/02 Time of Survey 10:05 am pm Total Spaces Available .15 1515 15 Spaces Occupied Spaces Occupied by Residents 122 13 Spaces Occupied by Non -Residents 1 Vacant Parking Spaces 3 1 0 1 No Records The minimum criteria in determining whether to proceed with a recommendation for the establishment of the parking district are as follows: 1. The district shall be between two consecutive intersections. This condition is met. 2. At least 70% of the parking spaces are occupied by commuter vehicles (0 spaces) during the time the parking survey is being conducted. This condition is met. The minimum criteria requires that both conditions be met by the survey. In this case, both meet the requirements. STAFF ECOMM ENDATION: Staff recommends that at this time the parking district proceed to the City Council for the establishment of a new parking district. EXHIBITS: 1. Location Map 2002-36B 3 „ HNIL AVE AV CITY 19 19 P City of National City, California COUNCIL AGENDA STATEMENT ;AEETING DATE February 18, 2003 AGENDA ITEM NO. 5 i'ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING THE \ INITIATION OF PROCEDURES TO BECOME A PARTICIPATING AGENCY OF THE METRO WASTEWATER JOINT EXERCISE POWER AGREEMENT (JPA) AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE JOINT POWER AGENCY AGREEMENT TO PROVIDE THE CITY AN OPTION TO FINANCE ITS SHARE OF THE CAPITAL IMPROVEMENTS FOR THE METROPOLITAN SEWAGE SYSTEM PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION See attached explanation Environmental Review X N/A Financial Statement See attached explanation STAFF RECOMMENDATION It is recommended that the Resolution be adopt BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below ) Resolution A Draft Amendment to the JPA adding National City as a member A copy of the existing Metro Wastewater JPA Agreement Discussion paper written when the existing JPA was considered Approved Finance Director Account No, Resolution No. 2003-25 A-200 i9 99) Explanation: The City of National City operates and maintains its own sewage collection system. The collected sewage is discharged into the Metro Sewage Collection system where it is transported to Point Loma to be treated at the facility there, which is operated by the City of San Diego. National City pays the City of San Diego to transport and treat its approximately 5,000,000 gallons a day of sewage. National City, along with the 13 other Cities and Sanitation Districts with the same sewage transport and treatment arrangement, are called Participating Agencies. Each Participating Agency is responsible for the cost of the operation, maintenance, and improvement of the City of San Diego's transport and treatment system in an amount proportional to the sewage each generates daily. National City's share is based upon the 5,000,000 gallons per day of the approximately 220,000,000 gallons a day aggregate from all the Participating Agencies. In this arrangement the City of San Diego is also considered a Participating Agency. The City of San Diego has traditionally financed capital improvement projects to the regional sewage collection and treatment system and charged Participating Agencies on a "pay-as-you- go" basis. San Diego typically financed these costs and collected from Participating Agencies in accordance with their financing repayment schedule. At the end of 1999 the City of San Diego was approaching its debt ceiling limit and was no longer able to leverage additional debt. This meant that the City of San Diego could no longer cover the cost of the Participating Agencies share of the capital improvement projects and the Participating Agencies would have to pay cash or individually finance their own share of each Capital Improvement Project. Consequently, the Participating Agencies considered the formation of a Joint Powers Authority to provide an option to the cash payment, or the individual financing of their fair share cost of each improvement. Ten of the Participating Agencies entered into a Joint Exercise of Powers Agreement creating the Authority on October 25, 2000. At that time Chula Vista, National City, and Otay Water District elected not to enter the agreement, but recently the Otay Water District has decided to be a party to the agreement. The Cities that have joined together in the JPA have the ability to leverage debt at very competitive rates. If the Authority should decide to finance the required improvements each member has the ability to decide whether they want to be a party to the financing, or pay their fair share via some other method. As a member of the JPA each proposed issuance of debt will be reviewed by Staff before being presented to the Council with a recommendation to participate or not. Being a member of the JPA does not commit each member to anything. Simply stated, the Joint Exercise of Power Agreement would provide the City of National City with an additional option for the payment of a capital improvement project. Since its inception on October 25, 2000 the JPA has not incurred any debt. There are also no plans for the JPA to incur debt in the foreseeable future. Presently National City as a Participating Agency sits on the Metro Commission, however it does not participate on the JPA Board. By not being a member of the JPA Board National City is currently excluded from various decisions affecting the Participating Agencies being made by the JPA Board. Based upon all the above it is recommended that National City become a member of the JPA at this time. Financial Statement: There is not a financial impact to join the Joint Power Authority. If the JPA decides to issue debt and the City decides to use the JPA to finance its share of the Metro Wastewater capital improvement, the administrative costs of the debt, and the debt itself would be shared by the member agencies based upon their proportionate amount of sewage flow. It should be noted that the cost of the debt would in ail likelihood be less expensive for National City than if the City decides to finance its share of the improvement on its own. RESOLUTION NO. 2003 — 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INITIATION OF PROCEDURES TO BECOME A PARTICIPATING AGENCY OF THE METRO WASTEWATER JOINT POWERS AUTHORITY AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO JOINT POWERS AGENCY AGREEMENT WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code Section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (hereinafter "Participating Agencies") entered into a Joint Exercise of Powers Agreement ("hereinafter "Agreement"), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, the City Council of the City of National City desires to join the JPA as a Participating Agency, for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, the City Council of the City of National City seeks to request that the Participating Agencies approve amending the JPA to include National City as a Participating Agency; and WHEREAS, it is the desire of the City Council of the City of National City to approve execution of the Second Amendment to Joint Powers Agency Agreement for the Metro Wastewater Joint Powers Authority to add National City as a Participating Agency. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of National City as follows: Resolution No. 2003 — 25 February 18, 2003 Page Two 1. That National City is authorized to be added as a Participating Agency of the Joint Powers Agency Agreement for the Metro Wastewater Joint Powers Authority, subject to the terms and conditions set forth in the proposed Amendment, attached hereto, and by this reference incorporated herein as Exhibit "A". 2. That the City Manager of National City is hereby authorized to negotiate with the Metro Wastewater Joint Powers Authority to facilitate National City's addition as a Metro Wastewater Joint Powers Authority Participating Agency. 3. That the Mayor and the City Manager are hereby authorized to finalize and execute the proposed Amendment, subject to additions or modifications thereto, as they may deem in the best interest of National City, on behalf of National City. PASSED and ADOPTED this 18th day of February, 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: ,341.1 IIT George H. iser, Ill City Attorney [DRAFT] RESOLUTION NO. _ - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INITIATION OF PROCEDURES TO BECOME A PARTICIPATING AGENCY OF THE METRO WASTEWATER JOINT POWERS AUTHORITY AND AUTHORIZING EXECUTION OF AMENDMENT TO JOINT POWERS AGENCY AGREEMENT WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (the "Participating Agencies") entered into a Joint Exercise of Powers Agreement ("Agreement"), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, the City Council of National City desires to join the JPA. as a Participating Agency, for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, the City Council of National City seeks to request that the Participating Agencies approve amending the JPA to include National City as a Participating Agency; and WHEREAS, it is the desire of the City Council of National City to approve execution of the Second Amendment to Joint Powers Agency Agreement for the Metro Wastewater Joint Powers Authority to add National City as a Participating Agency. SDPUB\PDS\274222 4 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED, by the City Council of the City of National City as follows: 1. That National City is authorized to be added as a Participating Agency of the Joint Powers Agency Agreement for the Metro Wastewater Joint Powers Authority, subject to the terms and conditions set forth in the proposed Amendment, attached hereto, and by this reference incorporated herein as Exhibit "A." 2. That the City Manager of National City is hereby authorized to negotiate with the Metro Wastewater Joint Powers Authority to facilitate National City's addition as a Metro Wastewater Joint Powers Authority Participating Agency. 3. That the Mayor and the City Manager are hereby authorized to finalize and execute the proposed Amendment, subject to additions or modifications thereto, as they may deem in the best interest of National City, on behalf of National City. PASSED AND ADOPTED AND APPROVED this day of ; 2003, by the following vote: AYES: NOES: ABSENT: Attest: Mayor City Clerk SDPUB\PDS\274222 2 [DRAFT] SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF NATIONAL CITY AS A PARTICIPATING AGENCY This Second Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority, is made and entered into on this day of 2003, in the County of San Diego, State of California by the Metro Wastewater JPA, a Joint Powers Agency ("JPA") existing and organized pursuant to the provisions of Government Code section 6500 et seqand the City of National City ("National City"). RECITALS WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (the "Participating Agencies") entered into a Joint Exercise of Powers Agreement ("Agreement"), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, in , 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, the TPA desires that National City join the JPA as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of National City as a Participating Agency of the JPA; and WHEREAS, the City Council of National City has approved joining the JPA as a Participating Agency of the WA. SDPUB\PDS\274218 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add National City as a JPA Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first written above. CITY OF CORONADO ATTEST By: 2. CITY OF DEL MAR By: 3. CITY OF EL CAJON By: 4. CITY OF IMPERIAL BEACH By: 5. CITY OF LA MESA By: 6. LEMON GROVE SANITATION DISTRICT By: 7. CITY OF POWAY By: ATTEST ATTEST ATTEST ATTEST ATTEST ATTEST SDPUB\PDS\274218 8. PADRE DAM MUNICIPAL WATER DISTRICT By: 9 COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANITATION DISTRICT AND SPRING VALLEY SANITATION DISTRICT By: 10. OTAY WATER DISTRICT By: 11. NATIONAL CITY By: SDPUB\PDS\274218 ATTEST ATTEST ATTEST ATTEST %.. October 25, 2000 JOINT EXERCISE OF POWERS AGREEMENT METRO WASTEWATER JPA • 3 JOINT EXERCISE OF POWERS AGREEMENT METRO WASTEWATER JPA THIS JOINT POWERS AGREEMENT (the "Agreement"), dated , is entered into by and between the CITY OF CORONADO, a municipal corporation; the CITY OF DEL MAR, a municipal corporation; the CITY OF EL CAJON, a municipal corporation; the CITY OF IMPERIAL BEACH, a municipal corporation; the CITY OF LA MESA, a municipal corporation; the LEMON GROVE SANITATION DISTRICT, a municipal corporation, the CITY OF POWAY, a municipal corporation; PADRE DAM MUNICIPAL WATER DISTRICT, apolitical subdivision of the State of California; and the COUNTY OF SAN DIEGO on behalf of Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; Alpine Sanitation District, a political subdivision of the State of California; the Lakeside Sanitation District, a political subdivision of the State of California; and Spring Valley Sanitation District, a political subdivision of the State of California (the "Participating Agencies"). WITNESSETH: WHEREAS, the Participating Agencies are all authorized to.own, lease, purchase, receive and hold property and contract rights necessary or convenient for their governmental operations; and WHEREAS, the Participating Agencies receive sewer treatment services as part of the Metropolitan Sewerage System pursuant to the Regional Wastewater Disposal Agreement entered into by and among the City of San Diego and the Participating Agencies dated June 25, 1998 (the "Metro Agreement"); and WHEREAS, the Metro Agreement calls for the creation and operation of the Metro Commission which is an advisory body on which each Participating Agency sits and on which San Diego serves on an ex-officio non -voting basis; and WHEREAS, the Participating Agencies have determined that it is in the best interests of the communities which they serve that a Joint Exercise of Powers Agency be formed with the authority and responsibility to take actions and make decisions pertaining to the Metro Agreement in their mutual interest; and WHEREAS, the Metro Agreement requires the Participating Agencies to pay for capital improvements required by the Metropolitan Sewerage System; and WHEREAS, the Marks -Roos Local Bond Pooling Act of 1985, Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Bond Law"), authorizes agencies formed under the Act (as hereinafter defined) to assist in the financing of public capital improvements to be used by the public agencies which are parties to the agreements creating such agencies; and • • WHEREAS, in enacting the Bond Law, the Legislature of the State of California declared, in Section 6584.5 of the Government Code of the State of California, that (a) there is a critical need within the State of California to expand, upgrade and otherwise improve the public capital facilities of local government necessary to support the rehabilitation and construction of residential and economic development; and (b) that it is (was) the intent of the Legislature to assist in the reduction improvements and promote greater use of existing and new financial instruments and mechanisms such as bond pooling by local agencies; and WHEREAS, the Participating Agencies have determined that it is in the best interest of the communities which they serve that a joint exercise of powers agency be formed pursuant to the Act for the purposes of financing needed public capital improvements and reducing local borrowing costs for financing such improvements as authorized therein, and that the formation of such an authority will be consistent with and in furtherance of the intent and purposes of the Bond Law. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Participating Agencies agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions. Unless the context otherwise requires, the words and terms defined in this Article shall, for the purpose hereof, have the meanings herein specified. "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California. "Agreement" means this agreement. "Bond Law" means the Marks -Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584 of the Government Code), as now in effect or hereafter amended, or any other law available for use by the WA in the authorization and issuance of certificates of participation, bonds or other evidence of indebtedness to provide for the financing of Obligations and/or Public Capital Improvements. "Bond Purchase Agreement" means an agreement between the WA and a Participating Agency, pursuant to which the IPA agrees to purchase Obligations from said Participating Agency. "Board" means the Board of Directors referred to in Section 2.04, which shall be the governing body of the TPA . "Bonds" means the bonds of the WA issued pursuant to the Bond Law. "Directors" means the members of the Board appointed to the Board pursuant to Section 2.03. • "Fiscal Year" means the period from July 1st to and including the following June 30th. "Government Code" means the Government Code of the State of California. "JPA" means the Metro Wastewater TPA formed by this Agreement. "Members" and "Participating Agencies" means the City of Coronado, the City of Del Mar, the City of El Cajon, the City of Imperial Beach, the City of La Mesa, the Lemon Grove Sanitation District, the City of Poway, the Padre Dam Municipal Water District, and the County of San Diego on behalf of the Winter Gardens Sewer Maintenance District, the Alpine Sanitation District, the Lakeside Sanitation District and the Spring Valley Sanitation District. "Metropolitan Sewerage System" or "Metro System" shall mean and consist of those facilities and contract rights to facilities which are shown and/or described in Exhibit "A" attached to and incorporated in the Regional Wastewater Disposal Agreement. "Obligations" has the meaning given to the term "Bonds" in Section 6585(c) of the Government Code, as in effect on the date hereof, and as hereafter amended. "Public Capital Improvement" has the meaning given to such term in Section 6585(g) of the Government Code, as in effect on the date hereof, and as hereafter amended. "Regional Wastewater Disposal Agreement" and "Metro Agreement" shall mean that certain agreement dated June 25, 1998 by and between the City of San Diego and all of the Participating Agencies relating to the Metropolitan Sewerage System. "Secretary" means the Secretary of the JPA appointed pursuant to Section 3.01. "Treasurer" means the Auditor and Treasurer of the JPA appointed pursuant to Section 3.02. ARTICLE 11 GENERAL PROVISIONS Section 2.01. Purpose. This Agreement is made pursuant to the Act providing for the joint exercise of powers common to the Participating Agencies , and for other purposes as permitted under the Act, the Bond Law and as agreed by one or more of the Participating Agencies. The purpose of this Agreement is to create a Public Agency with the authority to take action pertaining to the Participating Agencies' responsibilities and obligations to provide for the financing ofpublic capital improvements for the Metro Sewerage System which are constructed pursuant to the Metro Agreement and to take such other actions as are necessary for the Participating Agencies to fulfill the obligations and responsibilities and obtain rights and benefits set forth in the Metro Agreement. Section 2.02. Creation of JPA . Pursuant to the Act, there is hereby created a public entity to be known as the "Metro Wastewater WA .oa The JPA shall be a public entity separate and apart from the Participating Agencies, and shall administer this Agreement. Section 2.03. Board. The JPA shall be administered by a Board of nine (9) Directors, unless and until changed by amendment of this Agreement. The Board shall be composed of one appointee from each of the Participating Agencies. The Board shall be called the `Board of Directors of the Metro Wastewater IPA ." All voting power of the JPA shall reside in the Board. Section 2.04. Meetings of the Board. (a) Regular Meetings. The Board shall provide for its regular meetings; provided, however, that at least one regular meeting shall be held each month. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be filed with each Participating Agency. The Board may meet in joint session with other public agencies and advisory bodies, including the Metro Commission, in accordance with state law. (b) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code. (c) Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of Sections 54950 et seq. of the Government Code. Section 2.05. Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to each Participating Agency. Section 2.06. Voting. Each Director shall have one vote. fir Section 2.07. Quorum; Required Votes; Approvals. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the Directors present at any meeting at which a quorum is present shall be required to take any action by the Board. Section 2.08. Bylaws. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes this Agreement. ARTICLE III OFFICERS AND EMPLOYEES Section 3.01. Chair, Vice Chair and Secretary. The Board shall elect a Chair and Vice Chair from among the Directors, and shall appoint a Secretary who may, but need not, be a Director. The officers shall perform the duties normal to said offices. The Chair shall sign all contracts on behalf of the RA , or shall appoint in writing a designee to sign contracts on behalf of the RA , and shall perform such other duties as may be imposed by the Board. The Vice Chair shall act, sign contracts and perform all of Chair's duties in the absence of the Chair. The Secretary shall countersign all contracts signed by the Chair or Vice Chair on behalf of the RA , perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State within thirty (30) days of the effective date hereof pursuant to the Act. Section 3.02. Treasurer. Pursuant to Section 6505.6 of the Government Code, the finance manager or director of one of the Participating Agencies shall be designated as the Auditor and Treasurer of the RA . The Auditor and Treasurer shall be the depository, shall have custody of all of the accounts, funds and money of the RA from whatever source, shall have the duties and obliga- tions set forth in Sections 6505 and 6505.5 of the Government Code and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the RA . Section 3.03. Officers in Charge of Records, Funds and Accounts. Pursuant to Section 6505.1 of the Government Code, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the RA and all records of the RA relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the RA . Section 3.04. Bonding Persons Having Access to JPA Records, Funds and Accounts. From time to time, the -Board may designate persons, in addition to the Secretary and the Treasurer, having charge of, handling or having access to any records, funds or accounts and the respective amounts of the official bonds of the Secretary and the Treasurer and such other persons pursuant to Section 6505.1 of the Government Code. Section 3.05. Legal Advisor. The Board shall have the power to appoint the legal advisor of the WA who shall perform such duties as may be prescribed by the Board. Such legal advisor shall be legal counsel to one of the Participating Agencies. _c_ • Section 3.06. Other Employees. The Board shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents or employees of the Participating Agencies when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents or employees directly employed by the Board shall be deemed, by reason of their employment by the Board, to be employed by the Participating Agencies or, by reason of their employment by the Board, to be subject to any of the requirements of the Participating Agencies. Section 3.07. Assistant Officers. The Board may appoint such assistants to act in the place of the Secretary or other officers of the WA (other than any Director) as the Board shall from time to time deem appropriate. ARTICLE IV POWERS Section 4.01. General Powers. The JPA shall exercise in the manner herein provided the powers common to the Participating Agency Members, or as otherwise permitted under the Act, and necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. As provided in the Act, the JPA shall be a public entity separate from the Participating Agencies. The JPA shall have the power to finance or refinance the acquisition or construction of Public Capital Improvements on behalf of each Participating Agency Member which are acquired or constructed pursuant to the Regional Wastewater Disposal Agreement. Section 4.02. Power to Issue Revenue Bonds. The WA shall have all of the powers provided in the Act, including but not limited to the Bond Law and including the power to issue Bonds, certificates of participation and/or other evidences of indebtedness under the Bond Law. Section 4.03. Specific Powers. The JPA is hereby authorized, in its own name, to do all the acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (a) (b) to make and enter into contracts; to employ agents and employees; (c) to finance and refinance the acquisition or construction of Public Capital Improvements acquired or constructed pursuant to the Regional Wastewater Disposal Agreement; (d) to sue and be sued in its own name; (e) to issue Bonds and otherwise to incur debts, liabilities or obligations, provided that no such Bonds, debt, liability or obligation shall constitute a debt, liability or obligation of the Participating Agencies; (f) to apply for, accept, receive and disburse grants, loans and other aid from any agency of the United States of America or of the State of California; (g) to invest any money in the treasury of the WA pursuant to Section 6505.5 of the Government Code that is not required for the immediate necessities of the IPA , as the WA determines is advisable, in the same manner and upon the same conditions, as local agencies, pursuant to Section 53601 of the Government Code; (h) to apply for letters of credit or other forms of financial guarantees in order to secure the repayment of Bonds, certificates of participation and/or other evidences of indebtedness and enter into agreements in connection therewith; to carry out and enforce all the provisions of this Agreement; to make and enter into Bond Purchase Agreements; to purchase Obligations of the Participating Agencies; and (I) to exercise any and all powers which are provided for in the Act and in Section 6588 of the Government Code, as they exist on the date of this Agreement and as they may hereafter be amended. Section 4.04. Restrictions on Exercise of Powers. The powers of the IPA shall be exercised in the manner provided in the Act and in the Bond Law, and, except for those powers set forth in the Bond Law, shall be subject (in accordance with Section 6509 of the Government Code) to the restrictions upon the manner of exercising such powers that are imposed upon the Participating Agencies in the exercise of similar powers. Section 4.05. Obligations of JPA . The debts, liabilities and obligations of the JPA shall not be the debts, liabilities and obligations of the Participating Agencies or any of them. ARTICLE V METHODS OF PROCEDURE; CREDIT TO MEMBERS Section 5.01. Assumption of Responsibilities by the JPA . As soon as practicable after the date of execution of this Agreement, the Directors shall give notice (in the manner required by onto rn\rter,,,C t 01 _7_ • • Section 2.04) of the organizational meeting of the Board. At said meeting the Board shall provide for its regular meetings as required by Section 2.04 and elect a Chair and Vice Chair and appoint the Secretary. Section 5.02. Credit to the Participating Agencies. All accounts or funds created and established pursuant to any instrument or agreement to which the WA is a party, and any interest earned or accrued thereon, shall inure to the benefit of each of the Participating Agencies in their respective proportions for which such funds or accounts were created. ARTICLE VI ELECTION TO FINANCE; CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS Section 6.01. Participating Agencies Election to Finance Public Capital Improvements. Each of the Participating Agencies may elect to have the TPA issue bonds to finance its share of Public Capital Improvements acquired or constructed pursuant to the Regional Wastewater Disposal. Agreement. Each Participating Agency's share of the Public Capital Improvements acquired or constructed pursuant to the Regional Wastewater Disposal Agreement shall be determined by the procedure set forth in the Regional Wastewater Disposal Agreement. Section 6.02. Contributions. The Participating Agencies may in the appropriate circumstance when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, (b) make payments of public funds to defray the cost of such purposes, and (c) make advances of public funds for such purposes, such advances to be repaid as provided herein. The provisions of Section 6513 of the Government Code are incorporated into this Agreement. Section 6.03. Accounts and Reports. To the extent not covered by the duties assigned to a trustee chosen by the WA , the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any Bonds, certificates of participation and/or other evidences of indebtedness issued, created or incurred by the TPA . The books and records of the WA in the possession of a trustee or the Treasurer shall be open to inspection at all reasonable times by repre- sentatives of each Participating Agency. The Treasurer, within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such fiscal year to each Participating Agency to the extent such activities are not covered by the report of such trustee. The trustee appointed under any trust agreement and/or indenture shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust agreement and/or indenture. Said trustee may be given such duties in said trust agreement and/or indenture as may be desirable or necessary to carry out the purposes of this Agreement. Section 6.04. Funds. Subject to the applicable provisions of any instrument or agreement that the TPA may enter into, which may provide for a trustee to receive, have custody of any` disburse funds of the TPA , the Treasurer shall receive, have custody of and disburse WA funds as nearly as possible in accordance with generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. • • Section 6.05. Annual Budget and Administrative Expenses. The Board may adopt a budget for administrative expenses, which shall include all expenses not included in any financing transaction of the WA , annually prior to July 1 of each year. These expenses shall be designated Administrative Expenses of the RA and shall be allocated by the Board proportionately to each of the Participating Agencies based on its Proportionate Flow in the Metropolitan Sewerage System and the strength of its wastewater as determined by the City of San Diego pursuant to the Regional Wastewater Disposal Agreement. Section 6.06. Financing Expenses. The estimated annual expenses of the JPA to administer any financing transaction of the WA shall be designated Financing Expenses and shall be allocated by the Board proportionately to each Participating Agency which is a participant in the financing being administered by the WA proportionately to each Participating Agency's share of the amount of the Bonds issued by the WA . ARTICLE VII TERM Section 7.01. Term. 'I nis Agreement shall become effective as of the date hereof and shall continue in full force and effect so long as any Bonds, certificates of participation and/or other evidences of indebtedness of the WA remain outstanding. Section 7.02. Disposition of Assets. Upon termination of this Agreement, all property of the RA , both real and personal, shall be divided among the parties hereto in such manner as shall be agreed upon by the parties. ARTICLE VTn MISCELLANEOUS PROVISIONS Section 8.01. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to the notice address of each party hereto for legal notices or as otherwise provided by a party hereto in writing to the other party. Section 8.02. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred -to or to define or limit the scope of any provision of this Agreement. Section 8.03. Consent. Whenever in this Agreement any consent or approval is required the same shall not be unreasonably withheld. Section 8.04. Law Governing. This Agreement is made in. the State of California under the Constitution and laws of the State of California and is to be so construed. Section 8.05. Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of Bonds issued by the WA or certificates of participation in payments to be made by the WA or the Participating Agencies or by applicable CIIP1 fR\rur 214197 -9- • • regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement or for any other purpose including, without limitation, addition ofnew parties (including any legal entities or taxing areas heretofore orhereafter created) in pursuance of the purposes of this Agreement. Section 8.06. Enforcement by JPA . The JPA is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any section or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining sections and provisions hereof shall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Participating Agency. None of the Participating Agencies may assign any right or obligation hereunder without the written consent of all of the others. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year first set forth above. 1. CITY OF CORONADO by 2. CITY OF DEL MAR by 3. by 4. CITY OF IMPERIAL BEACH by 5. CITY OF LA MESA CITY OF EL CAJON by A11tST ATTEST A1'1'h.ST A 1-1'iST ATTEST 6. LEMON GROVE SANITATION Al"1bST DISTRICT by in .7FN 24 2003 10:209M CITY OF POWAY 058-679-5480 P. 2 City of Chula Vista City of Coronado City of Del Mar City of EI Cajon City of imperial Beach City of La Russ AFFORD Agencies for Fair and Objective Rate Determination City of Lemon Gtaue City of National City city of Poway County of Sari Diego Otay Water District Padre Darn MWD DISCUSSION PAPER "Formation of the "Regional Wastewater Authority", a Joint Exercise of Powers Agreementamong the Participating Agencies, as a replacement for Metro Commission and AFFORD." Historical Context The Metropolitan Wastewater System is owned and operated by the Citvf of San Diego with Participating Agencies (PA's) functioning as wholesale customers. Historically, the PA's held very little influence In decision -making and governance of the wastewater system. AFFORD was formed in the early 1990's to share the expenses of anticipated litigation with the City of San Diego. This litigation was averted after a multi -year negotiation process, culminating in the formation of the Regional Wastewater DisposalAgreement in PA's an . The "Metro Commission" was the name chosen for the group representing the advisory capacity to the City of San Diego City Council. Limitations of Metro Commission/AFFORD: 1. AFFORD has no legal status - ad hoc and informal in nature 2. Metro Commission/AFFORD cannot enter into contracts (all contracts are now entered into by a Participating Agency on behalf of Metro Commission/AFFORD) 3. No recognition as a viable organization by the communities and citizens we serve 4. No real credibility with the media and other public agencies 5. No ability to jointly finance the PA's portion of Metro capital improvement projects Why form a Joint Exercise of Powers Agreement?: 1. To create a legal entity representing the twelve Participating Agenncies mg metropolitan 2. To create legal status among PA's consistent with other major regional wastewater organizations in California 3. To enable the Participating Agencies to jointly enter into contracts (such as the engineering contract with Powell & Associates) 4. To develop a "recognized regional voice" representing the interests of the communities and citizens we serve 5. To enhance credibility in the media and among other public agencies 6. To communicate Participating Agency issues of importance to the region 7, To jointly finance (on a voluntary basis) capital improvement projects [Discussion Paper] Page 1 of 3 [February 15, 2000] Creating a Regionei Voice: Creating a unified entity with influence is essential for the Participating Agencies. The Metropolitan Wastewater System is 30 percent funded by the Participating Age n, yet the influence of the Participating Agencies is limited. Indeed, many decisions which impact the Participating are made withoutthe benefitotour input Thia input is essential in ecollaborative decislnn-making process°. With 30 percent of total costs at stake, collaboration among the PA's is vital, and we seek more direct involvement in decisions that impact ourcommufihties and citizens. The Par if consider a es a 'partner' in the Regional Wastewater System,s and as partners, we seek more influential voice in 'regional" Wastewater issues. After all; out interests and San Diego's interests are the same -*deliver a cost -affective service to the region". E that are we madeIt our participation in decision-rneicing strengthens the u 1 strengthens the credibility of those decisions within the region and with the media. The San Jose model of governance demonstrates that this typed partne p ►s erdirely feasible. Creating a regional voice - a unified voice - among the Participating Agencies, and San Diego, as partners, can improve the public perception of wastewater service delivery in the region. f . To represent the Participating Agencies 2. To participate in a review of the Metropolitan Wastewater Department programs, proms, and services on behalf of the Participating Agencies 3. To advise the San Diego City Council as to those programs, projects, and services Agencies, and The JPA is a public agency representing the interests of the of the Metro Commission. including assumes the authority, responsbitty, and obiip those sat forth in the Regional Wastewater Disposal Agreement. • The JPA would be a replacement for the Metro Commission and AFFORD. It is also envisioned a Technical Advisory Committee would be formed and would consist of techni tr: members of the Participating Agencies, similar to AFFORD. : ;IdAl =31i1' 1. Does the formation of a JPA create a new layer of government? No, it replaces an e dsting AD -Hoc structure. 2. r , = the formation of a JPA increase the costs to the Participating Agencies? No, f it is anticipathat the cost of the JPA would remain about the same as the cost of N. ; ComrnissionJAFF©RD. jDisc ussion Paper] 2 of.3 [February 15. 20001 JAN 24 2003 10:28AM CITY OF POWRY 858-87S-5480 p.3 3. Will the formation of JPA require the hiring of full time staff? No, the Technical Advisory Committee and Participating Agency managers continue to serve as advisors to the JPA Board. If we progressed to the level of the San Jose model, the City of San Diego would staff the JPA, which would then also include the City of San Diego. 4. Witt the Participating Agencies be required to finance the PA's share of capital improvements through the JPA? No, each financing of capital projects is voluntary on the part of each Participating Agency. 5. Does the formation of a JPA move us closer to a different kind of governance structure such as the "Special Act District"? Perhaps, in perception only What it does do, however, is create a legally recognized entity with improved credibility to help the Participating Agencies become more effective in dealing with the City of San Diego in managing the Regional Wastewater System as a,partnership. A Unified Organization: The twelve Participating Agencies have a significant stake in the Regional Wastewater System, Indeed, we believe we are partners in this system. To what degree we are viewed as partners and how influential we are is what is at stake as we choose an organization structure that will serve us best. The AFFORD representatives recommend the consideration of Metro Commissioners to form a Joint Exercise of Powers Agreement as a replacement entity for Metro Commission/AFFORD. [Discussion Paper} Page 3 of 3 (February 15, 20001 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE February 18, 2003 AGENDA ITEM NO. 6 ITEM TITLE RESOULTION APPROVING A TENTATIVE SUBDIVISION MAP FOR DIVISION OF A 46,335 SQUARE FOOT PROPERTY INTO EIGHT PARCELS AT THE SOUTHEAST CORNER OF 8TH STREET AND N AVENUE (APPLICANT: GULF UNLIMITED CORPORATION) (CASE FILE NO.: S-2002-2) PREPARED BY Roger Pose6 4310 DEPARTMENT Planning EXPLANATION The Council voted to approve this item at the February 3 public hearing. The attached resolution is necessary to follow through on the action. Environmental Review XNiA Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD I COMMISSION RECOMMENDATION �N/A ATTACHMENTS ( Listed Below 1 Resolution Resolution No. 2003-26 A-200 (9 99) RESOLUTION NO. 2003 — 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR DIVISION OF A 46,335 SQUARE FOOT PROPERTY INTO EIGHT PARCELS AT THE SOUTHEAST CORNER OF 8T" STREET AND N AVENUE APPLICANT: GULF UNLIMITED CORPORATION CASE FILE NO. S-2002-2 WHEREAS, application was made for approval of a tentative subdivision map for the division of a vacant 46,335 square foot property into eight parcels at the southeast corner of 8th Street and N Avenue on property generally described as: A portion of the Northwest Quarter of the Northeast Quarter of 40 acre Lot 1 in Quarter Section 132, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a public hearing held on December 2, 2002, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on February 4, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2002-2 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be' essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map to divide a vacant 46,335 square foot property at the southeast corner of 8th Street and N Avenue into eight parcels based on the following findings: Resolution No. 2003 — 26 February 18, 2003 Page Two 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the CL Limited Commercial General Plan/Zoning designation provides for residential infill development, since the General Plan promotes home ownership opportunities, and since there is no Specific Plan applicable to the site. 2. The site is physically suitable for the proposed type of development, since minimal grading will be necessary and the geotechnical report identifies the area as suitable for single-family residences. 3. The site is physically suitable for the proposed density of development, since each new parcel will have sufficient pad area to accommodate future development of new homes and since each lot will measure over 5,000 square feet in size in compliance with the requirements of the Land Use Code. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since no unique environmental resources exist on the site, which is located in an urbanized area. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the City Council with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. Resolution No. 2003 — 26 February 18, 2003 Page Three 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 10. That the property to be divided is of such shape that it is impossible or impracticable to fully conform to the subdivision requirements for street frontage, since the property shape prevents the lot from being logically divided to maximize the use of the property without the proposed exception. 11. That the exception for two lots with reduced street frontage will not be detrimental to the public health, safety, or welfare, or be detrimental to other properties in the vicinity, since the property will be adequately served by all necessary utilities, and will be accessible to emergency services. 12. That granting of the exception for two lots with reduced street frontage is in accordance with the intent and purposes of the Subdivision Ordinance, and is consistent with the General Plan and with all other applicable plans of the City, since the proposal will create opportunities for home ownership on lots greater than 5,000 square feet in size in compliance with the General Plan, and conforms to the Land Use Code. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for division of a vacant 46,335 square foot property into eight parcels at the southeast corner of 8th Street and N Avenue is hereby approved subject to the following conditions: 1. This Tentative Map authorizes the division of one lot into eight, with exceptions allowing two irregular shaped lots with 20 feet of street frontage, one lot with a five-foot rear yard setback, and one lot with a 10-foot rear yard setback. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised dated 11/13/2002, and Exhibit B dated 8/28/2002, case file no. S-2002-2. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Resolution No. 2003 — 26 February 18, 2003 Page Four 3. Plans submitted for building permits shall comply with minimum standards for garage dimensions, and shall include access to the rear yard from the rear of the homes. 4. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 5. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. 6. A grading plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous materials run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the proposed development including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 7. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 8. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. Resolution No. 2003 - 26 February 18, 2003 Page Five 9. An updated soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and. the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 10. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inches in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11. The deteriorated portions of the existing street improvements along the property frontages (7 feet by 185 feet of alley) shall be removed and replaced. 12. A permit form the Engineering Department shall be obtained for all improvement work in the City right-of-way and the grading construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. 14. Street improvements shall be in accordance with City standards. All missing street improvements (290 feet of sidewalks) shall be constructed. Abandoned driveway aprons (30 feet on 8th Street) shall be replaced with curb, gutter, and sidewalks. 15. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 16. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 17. Separate water and sewer laterals shall be provided to each lot/parcel. Resolution No. 2003 — 26 February 18, 2003 Page Six 18. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 19. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 20. The final map shall be recorded prior to issuance of any building permit. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 25. The driveway to lots 5 and 6 shall be designed to support the weight of a fire truck and meet Fire department standards for pavement type. 26. Residential fire sprinkler systems shall be provided for lots 5 and 6. 27. Prior to recordation of the final map, 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. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Parcel Map 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. Resolution No. 2003 — 26 February 18, 2003 Page Seven 28. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 18th day of February, 2003. ATTEST: Michael R. Della City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick lnzunza, Mayor City of National City, California COU CIL AGE BA STATE E T MEETING DATE February 18, 2003 AGENDA ITEM NO. 7 ITEM TITLE Employee Performance Recognition Program PREPARED BY Ryan Hyland(} Management nalyst III Phone: 336-4370 DEPARTMENT City Manager EXPLANATION A request was made by Councilmember Natividad at the December 3, 2002 meeting, to have staff create an employee recognition program. The attached program will enable the City to recognize outstanding employee performance in all City Departments. Environmental Review ✓ N/A Financial Statement As proposed, probable minimal expenses would come from current individual departmental budgets. One time expenditures would be covered by the City Manager's Office. Account No. STAFF RECOMMENDATION Approve the Employee Performance Recognition Program BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1) Employee Performance Recognition Program Resolution No. A-200 (9/80) CITY OF NATIONAL CITY PERFORMANCE RECOGNITION PROGRAM Understanding that the City of National City employees are its most valuable assets, the City has developed a program to reward exemplary performance by these employees — the Performance Recognition Program. This program is intended to communicate the City's appreciation for outstanding work performance and service, by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. Program Goals The National City Performance Recognition Program is designed to recognize and reward employees for exceptional performance beyond their normal job requirements. It exists specifically to acknowledge and select employees who demonstrate skills and abilities, which significantly enhance the City of National City's operations and services. The objectives of the program are: involve employees in continuous improvement of City services by recognizing excellent work; to promote employee innovation which results in productivity and performance improvements; to promote team spirit and unity of purpose within the City, based on shared achievement; to develop criteria and guidelines for assessing exceptional performance and public service within the City. Who is Eligible? All regular, non -management employees (in permanent non -probationary positions) of the City of National City are eligible. Eligibility Guidelines for the Nominees: ■ Demonstration of a high level of service to and concern for the needs of the public • Work performance above and beyond that of others in not only their department but throughout the City • Application of a particular skill or talent not generally included in the employee's job function. • Assumes a leadership role (consistently sacrificing personal output to assist in training new employees, etc.) • Acts on improving relations between the public, employees, departments, other agencies, governmental bodies or community groups. Protocol To assure each department has an opportunity to partake in the recognition program, City departments have been divided into 12 groups, for each month of the year. Each department or departments will have the latitude to participate once a year as indicated by the following schedule: r January (Dark) February Library March Public Works & Engineering July Police Safety August Atty/Clerk/Mayor & Council/City Manager's Office September Fire April Police Non -Safety May June Finance Community Development MEE October Planning/Building & Safety November FireNon-Safety/Personnel December Parks & Recreation Department Directors shall submit a recommendation by completing the Performance Recognition Award form listing the employee's name and providing a brief resume of his/her qualifications. The completed form will be submitted to the Personnel Director who will facilitate the recognition process. The form should be submitted no later than 15 calendar days prior to the department's scheduled participation month. The Personnel Director will send a specific schedule to each department so they are aware of their deadline for participation. Each Department Director will be responsible for setting up their own in-house process for selecting their representative. Selection may be based on one act, or continual acts occurring over a period of time. Smaller departments/divisions have been assigned to coordinate their single selection based on a consensus of the Department Directors grouped together for their month. The City Manager shall have the ability to alter the schedule listed above should any special circumstance require a change in schedule. The Department Directors recommendation should include: ➢ Factual information; ➢ A statement describing how the employee exceeded his/her job expectations or responsibilities; and ➢ Information describing what makes this employee outstanding. Suggested Criteria •:• Employee who demonstrates a high level of service to the community; ❖ Employee who makes a substantial contribution to the City of National City's image and sets the example for others to follow; ❖ An individual who has made significant efforts toward improving relationships between the public, business and/or community groups; ❖ Someone who demonstrates a positive willingness to assist fellow staff members; ❖ One who demonstrates creativity and innovation that enhances service and productivity; ❖ Someone who provides outstanding guidance, mentoring and/or leadership role; ❖ Employee who promotes exceptional customer service. Award/Recognition The recipients of the Performance Recognition Award will be honored at a City Council meeting at the end of each quarter. During this meeting the individuals who were selected during that quarter will be recognized. The Personnel Director will give a brief statement of the basis for each employee's recognition. A plaque that lists the individual employees recognized each month of that year will be placed in the Council Chambers Lobby for permanent recognition. The plaque will include a photograph of each employee. The recipient will have the month of their recognition, as well as their name, job title and department engraved on a small plate on the annual plaque. Department Directors will also have the discretion to tailor an award that is most appropriate to the individual employee being recognized. Examples of some possible awards include, but are not limited to, lunch with the director, personalized mementos, or other appropriate items purchased by the City. The City Manager is authorized to approve awards that are not listed here in order to allow for flexibility and future award ideas that would enhance the program. NCPersDept Form 2003 City of National City, Califorc is COUNCIL AGENDA STATEMENT JEETING DATE February 18 2003 AGENDA ITEM N. 8 ITEM TITLE WARRANT REGISTER #31 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #31 per Government Section Code 37208. Financial Statement Not applicable. Approved By: F Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,207,992.06. BOARD I COMMISSIO ECOMMENDATION 21-6 77WV i&elyze/c., ATTACHMENTS ( Misted Beicow ) 1. Warrant Register#31 2. Workers Comp Warrant Register dated 01/29/03 3. Payroll Warrant Register dated 01/29/03 Re siution No. A-200 (9:99) City of National City, California COUNCIL AGENDA STATEMENT EET!NG DATE February 18, 2003 9 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Natalie Joy Louise Dakin PREPARED BY Michael R. Dalla, CM(PEPARTMENT City Clerk EXPLANATION The claim of Natalie Joy Louise Dakin arises from an occurrence on January 13, 2003 and was filed with the City Clerk's Office on January 17, 2003 Environmental Review xx N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACH ENTS ( Listed Below Resolution No. N/A A-200 (5. 991 City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE February 18, 2003 AGENDA ITEM NO. 10 (-ITEM TITLE CLAIM FOR DAMAGES: Daniel Robert Mason PREPARED BY Michael R. Dalla, CMGIEPARTMENT City Clerk EXPLANATION The claim of Daniel Robert Mason arises from an occurrence on January 29, 2003 and was filed with the City Clerk's Office on January 30, 2003 Environmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE February 18, 2003 AGENDA ITEM NO. 11 ITEM TITLE CLAIM FOR DAMAGES: Carmen Martinez PREPARED BY Michael R. Dalla, CMEPARTMENT City Clerk EXPLANATION The claim of Carmen Martinez arises from an occurrence on January 24, 2003 and was filed with the City Clerk's Office on January 29, 2003 Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 19. 991 City of Hats»nai City., c.htornia COUNCIL AGENDA STATEMENT *Refer to Item #3 February 18,2003 12 MEETING DATE AGENDA 'A ITEM NO. TEM TITLE PREPARED DV Resolution Authorizing Appropriation of 2002/2003 Supplemental Law Enforcement Services Fund. Lt. Keith Fifield EXPLANATION 336-4543 DEPARTMENT Police CI Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the State COPS program, the City of National City was allocated $115,405 as its share for fiscal year 2002/2003. These funds must be expended or encumbered by June 30, 2004, or be remitted to the State Controller for deposit into the General Fund. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. (Continued on page 2) Review Fenancial Statement There is no local match required for these funds. There will be no impact to the General Fund. _XX NIf4 STAFF RECOMMENDATION Approve the resolution. ARD I ) M.SE ON RECO N/A ATTACHIVIENTT L 9t 4 S ok-# A-200 (MO) ATI ON SLESF FY 2002-2003 #208-411-203-515-0000 Council Agenda Statement Resolution Authorizing Appropriation of 2002/2003 Supplemental Law Enforcement Services Fund. Page 2 Proposal The National City Police Department and Chief DiCerehio are therefore submitting a request that the City Council appropriate FY 2002/2003 Supplemental Law Enforcement Services Fund monies. In prior years, the County Auditor & Controller transferred the funds to the cities without first involving the Supplemental Law Enforcement Oversight Committee (SLEOC). This year, the statute requires the SLEOC to certify receipt of an approved expenditure plan from the governing board of that agency, in this case either the Board of Supervisors or the city councils. This year the Police Department requests authorization to purchase 27 Motorola XTS 5000 Digital Portable Radios and accessories. The purchase of these radios, along with 53 previously purchased XTS radios, will allow the Police Department to reach it's goal to issue each police officer their own portable radio. This purchase will nearly complete the full replacement of the Motorola Saber SI radios currently being used that are no longer available or serviceable because Motorola no longer produces them or replacement parts for them. The XTS radios are compatible with our current 800mhz system and the County's Regional Communications System should we join RCS in the future. The proposed resolution would authorize appropriation of $115,405 in FY 2002/2003 SLESF funds for the below listed XTS 5000 radios and accessories. All items include budget for installation, accessories, parts, delivery and tax. The Police Department requests that the purchase of the XTS 5000 Radios and accessories be Sole Sourced through Motorola. Motorola is the only authorized licensed dealer of their radios. Since these are the radios selected by the San Diego County Regional Communications System for use with the system, and our goal is to become part of the RCS, there are no other vendor alternatives. We will receive the price quoted in the RCS price book that all other agencies in the county receive. Purchasing Ordinance #1480, section 12, subsection a(2) allows the bid process to be waived when the commodity being purchased can only be obtained from one vendor. The only exception to this sole source request is the additional batteries. Multiplier Industries Inc. manufactures a battery that has proven to be of better quality and is only $36.00 each compared to the Motorola battery which they sale for $96.00 each. San Diego County has a current contract with Multiplier to provide batteries that we can piggyback on. See page 3 for expenditure budget. Council Agenda Statement Resolution Authorizing Appropriation of 2002/2003 Supplemental Law Enforcement Services Fund. Page 3 Expenditures (27) Motorola XTS 500 Astor Digital Portable Radios $101,871 (25) Remote Speaker Microphones $1,850 (3) Multi 6 Unit Chargers $1,902 (3) Wall Mount Brackets $63.00 (27) Multiplier M8923HX Batteries $978.75 Sub Total = Tax = Freight = $106,664.75 $8,266.51 $425.00 Total= $115,356.26 RESOLUTION NO. 2003 — 27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF 2002/2003 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes; and WHEREAS, under the COPS program, the City of National City received $1 15,405 as its share for fiscal year 2002/2003, which must be spent by June 30, 2003, or be remitted to the State Controller for deposit into the General Fund; and WHEREAS, the City Council is required to appropriate existing and anticipated COPS monies exclusively to find front line municipal police services pursuant to written requests from the Chief of Police; and WHEREAS, the City Council pursuant to the recommendation of the Chief of Police has determined that the purchase of the following equipment purchases will be an appropriate expenditure of said grant funds: Quantity Equipment Estimated Cost 27 Motorola STX 5000 Astro Digital Portable Radios $101,871.00 25 Remote Speaker Microphones $ 1,850.00 3 Multi 6 Unit Charges $ 1,902.00 3 Wall Mount Brackets $ 63.00 27 Multiplier M8923HX Batteries $ 978.75 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby designates and therefore appropriates the FY 2002/2003 Supplemental Law Enforcement Services Funds for various police equipment purchases. PASSED and ADOPTED this 18th day of February, 2003. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .61EETING DATE February 18, 2003 AGENDA ITEM NO. 13 (-ITEM TITLE AN ORDINANCE AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.19 PERTAINING TO SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES PREPARED BY EXPLANATION Rudolf Hradecky, E Ext. 4222 City Attorney 04 This ordinance is proposed for adoption at the request of the Neighborhood Policing Team. It is patterned after ordinances adopted in Oakland and Stockton. Ordinances allowing a process for seizure and forfeiture of vehicles used to solicit prostitution or drugs have been upheld (82 Cal. App. 4th 580). The City Attorney's Office will initiate civil forfeiture proceedings for vehicles seized and impounded by the police. After expenses, proceeds will be divided equally between the law enforcement agency instituting the impound and the City's Nuisance Abatement Fund. Some revenues may occur, although no windfalls are expected. It is anticipated that positive enforcement may have an effect on reducing prostitution and/or drug buying activity using vehicles, with an expected reduction in related revenue from forfeitures. r Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Ordinance. A-200 (9 99 ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.19 PERTAINING TO SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES The City Council of the City of National City ordains as follows: Section 1. That Title 10 of the National City Municipal Code is amended by adding Chapter 10.19 to read as follows: CHAPTER 10.19 SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES Sections: 10.19.010 Public nuisance vehicles 10.19.020 Declaration by court 10.19.030 Right, title and interest in property 10.19.040 Seizure 10.19.050 Receipts 10.19.060 Evidence 10.19.070 Forfeiture 10.19.080 Interest claim 10.19.090 Sale of vehicles 10.19.010 Public nuisance vehicles. Any vehicle used to solicit or facilitate an act of prostitution, or to acquire or attempt to acquire any controlled substance, is hereby declared a public nuisance, and the vehicle shall be enjoined and abated as provided in this chapter. Any person or his or her servant, agent, or employee who owns, leases, conducts, or maintains any vehicle (hereinafter referred to as "the property"), used for any of the purposes or acts set forth in this section is guilty of maintaining a public nuisance. 10.19.020 Declaration by court. Upon proof that a vehicle was used for any of the purposes set forth in Section 10.19.010, the court may declare the property a public nuisance and order that the property be forfeited, sold, and the proceeds distributed as set forth in Section 10.19.090. 10.19.030 Right, title and interest in property. All right, title, and interest in any property described in Section 10.19.010 shall vest in the city upon commission of an act giving rise to the public nuisance under this chapter. 10.19.040 Seizure. A. Vehicles subject to forfeiture under this chapter may be seized by any peace officer upon process issued by any court having jurisdiction over the property. B. Seizure without process may be made if any of the following situations exist: 1. The seizure is incident to an arrest or a search under a search warrant; 2. There is probable cause to believe that the property was used in violation of this chapter. 10.19.050 Receipts. Receipts for vehicles seized pursuant to this chapter shall be delivered to any person from whose possession the vehicle was seized, in accordance with Section 1412 of the Penal Code. 10.19.060 Evidence. Property seized pursuant to Section 10.19.040B, where appropriate, may be held for evidence. The City Attorney shall have the authority to institute and maintain proceedings pursuant to the authority conferred by this chapter. 10.19.070 Forfeiture. A. Except as provided in subsection G of this section, if the City Attorney determines that a vehicle described in Section 10.19.010 is subject to forfeiture, the City Attorney shall file a petition for forfeiture with the Superior Court of San Diego County. B. A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case, within one year of the seizure of the property which is subject to forfeiture. C. The City Attorney shall cause a notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the Superior Court of San Diego County, to be served by personal delivery or by registered mail upon any person who has an interest in the seized vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in Section 10.19.080 and directions for the filing and service of a claim. D. An investigation shall be made by the National City Police Department as to any claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the National City. Police Department finds that any person, other than the registered owner, is the legal owner thereof, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, it shall forthwith send a notice to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or appropriate federal agency. E. All notices shall set forth the time within which a claim of interest in the property seized or subject to forfeiture is required to be filed pursuant to Section 10.1 9.080. 2 F. With respect to vehicles described in Section 10.19.010 for which forfeiture is sought and as to which forfeiture is contested, the City shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 10.19.010. G. The City Attorney, pursuant to this subsection, may order the forfeiture of vehicles seized under this chapter. The City Attorney shall provide notice of the proceedings under this subsection, including: 1. A description of the vehicle; 2. The date and place of seizure; 3. The violation of law alleged with respect to forfeiture of the property; 4. The instructions for filing and serving a claim with the City Attorney pursuant to Section 10.19.080 and time limits for filing a claim. H. If no claims are timely filed, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the property in accordance with Section 10.19.090. A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited property. The City Attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. I. If a claim is timely filed, then the City Attorney shall file a petition for forfeiture with the Superior Court pursuant to this section within thirty days of the receipt of the claim. 10.19.080 Interest claim. A. Any person claiming an interest in the vehicle seized pursuant to Section 10.19.010 must, within ten days from the date of the notice of seizure, file with the City Attorney a claim, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the property. B. 1. If a verified claim is filed, the forfeiture proceeding shall be set for hearing on a day not less than thirty (30) days therefrom. 2. The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in this chapter. However, in proceedings under this chapter, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross -complaints, and the issues shall be limited strictly to the questions related to this chapter. C. In lieu of forfeiture, an interested party may pay the fair market value of the vehicle seized to the agency or official prosecuting the forfeiture proceeding. 10.19.090 Sale of vehicles. In all cases where vehicles seized pursuant to this chapter are forfeited to the city, the vehicles shall be sold, unless cash is paid as settlement in lieu of forfeiture of the vehicle, and the proceeds of sale or settlement shall be distributed and appropriated as follows: 3 A. To any bona fide innocent purchaser, conditional sales vendor, mortgagee or lien holder of the property, if any, up to the amount of his or her interest in the property, when the court or City Attorney declaring the forfeiture orders a distribution to that person or entity. B. To the City Attorney for all expenditures incurred in connection with the publication of the notices set forth in Section 10.19.070, and the sale of the vehicle, including expenditures for any necessary repairs, storage, or transportation of any vehicle seized under this chapter. C. The remaining funds shall be distributed as follows: 1. Fifty percent (50%) to the local law enforcement entities that participated in the seizure, distributed to reflect the proportionate contribution of each agency. 2. Fifty percent (50%) to the City's Nuisance Abatement Fund, in accordance with Municipal Code Section 1.36.190. D. All funds distributed to the local law enforcement agency pursuant to subsection C of this section shall not supplant any funds that would, in the absence of this subdivision, be made available to support the law enforcement and prosecutorial efforts of those agencies. For the purposes of this section, "local governmental entity" means any city, county, or city and county in this state. PASSED and ADOPTED this day of , 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: nAss.: dot George H. Eiser, Ill City Attorney Nick Inzunza, Mayor 4 City of National City, California *Refer to Item #2 COUNCIL AGENDA STATEMENT EETING DATE February 18, 2003 AGENDA ITEM NO. 14 (-ITEM TITLE (1) AN ORDINANCE AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE PLANNING COMMISSION, and (2) COUNCIL DISCUSSION OF CONSOLIDATION OF FUNCTIONS AND DUTIES OF PLANNING COMMISSION, TRAFFIC SAFETY COMMITTEE, STREET TREE AND PARKWAY COMMITTEES AND ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, IllDEPARTMENT City Attorney EPLANATIO Ext. 4221 I was requested at the February 4 City Council meeting to prepare the necessary documents to accomplish the Mayor's proposal to consolidate the functions of several boards and commissions. This agenda item is an ordinance that would achieve the first step, namely, to amend the Municipal Code to (1) expand the number of Planning Commissioners from seven to nine, and (2) increase the number of Planning Commission meetings from two to three per month. The second aspect of the Mayor's proposal is to consolidate the function and duties of the Advisory and Appeals Board, Street Tree and Parkway Committee, and Traffic Safety Committee with those of the expanded Planning Commission. This part of the proposal would not be accomplished by adoption of the proposed ordinance, but is only for discussion at this time. The Attachments set forth the current duties of the affected boards and commissions. Environmental Review X N/A Financial Statement N/A Approved By; Finance Director Account No. STAFF RECOMMENDATION First reading of proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Proposed ordinance. Documents setting forth duties of affected board and commissions. A-200 L9.99) ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE PLANNING COMMISSION BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 2.28.010 of the National City Municipal Code is amended to read as follows: 2.28.010 Created. The planning commission is created to consist of nine members to be appointed by, and serve at the pleasure of, the City Council. Section 2. That Section 2.28.020 of the National City Municipal Code is amended to read as follows: 2.28.020 Term —Vacancy. A. The members of the planning commission shall be appointed for terms of four (4) years. Each four-year term shall commence on the first day of April and shall expire on the thirty-first day of March four (4) years thereafter. B. If a vacancy shall occur otherwise than by expiration of term, such vacancy shall be filled by appointment for the unexpired portion of the said term. Section 3. That Subsection A of Section 2.28.040 of the National City Municipal Code is amended to read as follows: 2.28.040 Meetings. A. The planning commission shall hold at least three (3) regular meetings in each month and shall annually adopt a schedule for such meetings, rules for the transaction of business, and shall keep a record of its resolutions, transaction, findings and determinations, which record shall be a public record. PASSED and ADOPTED this day of , 2003. Nick Inzunza, Mayor ATTEST: APPROVE- D AS TO FORM: Michael Della, City Clerk George H. Eiser, Ill, City Attorney 15.04.010 Chapter 15.04 ADVISORY AND APPEALS BOARD* Sections: 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 15.04.070 15.04.080 Established Jurisdiction. Members appointed — Secretary. Meetings —Rules —Chairman — Hearings. Special meetings. Secretary designated. Appeal procedure. Appeal to council. Disabled access regulations. * Prior ordinance history: Ord. 1449. 15.04.010 Established Jurisdiction. There is established an advisory and appeals board consisting of seven members. The advisory and appeals board shall have the following jurisdic- tion: A. Alternate Materials and Method of Construc- tion_ The advisory and appeals board may approve such alternate materials and/or method of construc- tion provided they find that the proposed materials and/or method of construction, for the purpose in- tended, is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. B. Refusal to Issue Permits. The refusal of the director of building and safety or fire chief to issue any permit required by the city may be appealed by the applicant to the advisory and appeals board. C. Notice to Abate Public Nuisances. The action of the director of building and safety or fire chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the advisory and appeals board. D. Interpretation of City Codes. Thedecision of the director of building and safety or fire chief in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code and fire code of the city may be appealed to 481 the advisory and appeals board. (Ord. 2110 § 1, 1996: Ord. 1834 § 1 (part), 1984) 15.04.020 Members appointed —Secretary. A. The members of the advisory and appeals board shall be appointed by the city council to a term of four years, commencing on the first day of March and expiring on the last day of February four years thereafter. The director of building and safety shall act as secretary to the board. B. A person appointed to a vacancy on the advi- sory and appeals board shall serve only the unex- pired portion of any term during which such a mem- ber is appointed. (Ord. 1834 § 1 (part), 1984) 15.04.030 Meetings —Rules —Chairman — Hearings. A. Rules. The advisory and appeals board shall adopt rules for the conduct of its proceedings. The board shall hold meetings at a time and place fixed by its resolutions. The members of the board shall elect one of their number to serve as vice-chairman, to preside in the absence of the chairman. B. Quorum. A quorum to conduct business con- sists of a majority of the members holding office, and excludes vacancies. C. Decisions. Except as provided in Section 15.04.030D, a majority vote is necessary to act upon a matter, and a tie -vote on an appeal shall affirm an action of the fire chief or director of building and safety. D. Hearings. The board may appoint a hearing panel to consist of one or more members to hear an appeal, take evidence and render a decision in any individual case, in which event the decision so rendered shall then constitute the decision of the board and be appealable in the manner provided in Section 15.04.070. (Ord. 2140 § 7, 1998: Ord. 1834 § I (part), 1984) 15.04.040 Special meetings. Special meetings of the advisory and appeals board may be called pursuant to the provisions of Section 54956 of the California Government Code. (Ord. 1834 § I (part), 1984) RESOLUTION NO. '10", 332 RESOLUTION ESTABLISHING NATIONAL CITY TREE COMMITTEE BE IT RESOLVED that there is hereby created a "National City Tree Committee" to consist of three members appointed by the Mayor with the concurrence of the City Council. BE IT FURTHER RESOLVED that the members of said committee shall serve at the pleasure of the Mayor and City Council. BE IT FURTHER RESOLVED that said committee shall have jurisdiction to review and pass upon all questions of the removal and/or relocation of trees on public property within the City of National City. BE IT FURTHER RESOLVED that no tree shall be removed from, relocated to and planted in public property without prior approval of the Tree Committee, except insofar as said action is required by emergencies, in which case the City Manager shall have authority to act in the place of the Tree Committee. PASSED AND ADOPTED this 11th day of May, 1971. ATTEST: SECTION 8. Scope of Function's of Committee: The National City Traffic Safety Committee shall study and report on all matters referred to it by appropriate public agencies or private citizens concerning traffic safety in National City. The Traffic Safety Committee shall conduct such investigations and make such reports as it is directed so to do by the National City Council. The National City Traffic Safety Committee hay also make such investigations and reports, upon the request of responsible private citizens or private organizations as it deems appropriate. If a question arises as to the propriety of any particular investigation or report by the National City Traffic Safety Committee, the question shall be referred to the City Council for instructions. In conducting investigations and making reports con- cerning matters properly before it, the National City Traffic Safety Committee shall concern itself only with matters re- lating to the safe and orderly flow of vehicular and pedestrian traffic within National. City. The National City Traffic Safety Committee shall not concern itself with 'economic and business factors which may relate to issues of traffic safety. City of National City, California COU CIL AGE A STATE E T MEETING DATE February 18, 2003 OLD BUSINESS 15 AGENDA ITEM NO. ITEM TITLE Approval of the Management Plan Concerning the Resource Assessment Timetable PREPARED BY Park Morse, (336 4240) DEPARTMENT Assistant City Manager AL' City Manager EXPLANATION See attached report . Environmental Review V N/A Financial Statement Unknown at this time. Use departmental budgets where available; the Contingency Fund and transfers from Fund Balance as necessary. Account No. various STAFF RECOMMENDATION By Minute Action, formally approve the five components of the Resource Assessment Timetable, and; approve such future transfers of available appropriated monies and transfers from Fund Balance as may be necessary to implement the Plan. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Report 2. Material distributed at the 1-14-03 Workshop Resolution No. A-200 (9/80) Approval of Management Plan Concerning the Resource Assessment Timetable February 18, 2003 At the January 14, 2003, City Council Workshop the City Manager presented a plan to address the pending retirements of a significant number of our Executives. These retirements are occasioned by the aging of our workforce and by recently improved PERS retirement benefits. Under our Municipal Code provisions and the practice of the vast majority of California's 477 cities, it is the City Manager's responsibility to plan for these departures and to recruit and hire the talent to replace these retiring Executives. A significant amount of work has been devoted to the five aspects of the plan as outlined for you on January 14. (A copy of the outline distributed at the Workshop is attached for your reference.) It is important that the City Council collectively support the City Manager's responsibility for operations and in recruiting and hiring the Executives under his or her charge. This is the foundation on which the Plan to address these retirements is built. The purpose of today's agenda item is to recommend to the City Council the formal approval of the Plan, as presented on January 14, 2003. The five components of that Plan, in summary, are as follows: I. Touch Base with City Council: The City Council has an important role as we hire new Executives. We want and need your comments and questions about any of the operating departments. II. Department Head Consulting: The workload left behind and the corporate history going out the door with retiring Executives will be significant. The City Manager will selectively engage the services of retiring Management Group members when it is needed and when they are able. III. State League of Cities Public Service Skills Resource: This service by the State League was created to assist with the temporary filling of Management Group positions by qualified retired public sector personnel. The City Manager will selectively use this service when it appears to be the best resource to staff openings temporarily while we recruit for permanent Management Group employees. Page 1 IV. Management Compensation Survey: Of critical importance in our future recruiting efforts will be our compensation program. This is especially important as we look at attracting underrepresented classes simply because of supply and demand in the public marketplace. We already have a Management Compensation Plan adopted by the City Council, however, the current Plan contains 3 elements (selecting benchmark cities, surveying and adjusting; see attachment for background) that Staff intended to complete ourselves this year. Completion of these three items before this round of Executive recruitments begins is problematical and immediate staffing shortages in Personnel have now made this approach impossible. Time will likely not allow a formal RFQ/RFP process, however, we will solicit proposals from several recognized public personnel consultants to help complete this work and return to the City Council with a proposed engagement contract with the selected consultant. V. Headhunter. Executive recruiting is a difficult, time consuming process, which is as much about us selling the City to them as it is the candidates' making us interested in them. It is very much about marketing. These recruitments are an opportunity to look for new ideas and pursuade a younger, more diverse workforce that National City has worthwhile opportunities. Several simultaneous recruitments will make for a heavy workload. The need to reach targeted audiences will be time consuming. The recruitments must be conducted under the Municipal Code's authority and be done professionally, ethically and confidentially. The Plan recommends the engagement of an established local government headhunter, selectively, as positions are evaluated for recruitment over the next year or two, and specifically recommends that our Office be authorized to begin discussions with RJA Management Services, Inc. (Dr. Richard Garcia) in this regard. Page 2 1/14/2003 Five Components to the Resource Assessment Timetable Look at yourselves as the Board of Directors of a $50-million dollar publicly held corporation. Your Chief Executive Officer, the City Manager, has told you that you are about to lose 1/2 of your Group Vice Presidents to retirement by the end of next year. Like any corporation, Management and the Board would want a plan in place to deal with these departures and this opportunity. Here are the five main pieces of Management's plan. Several of these items will be coming back to you in the coming weeks in the form of contracts. I. Touch Base with City Council a. Council has an important role here. b. If there are questions please see the City Manager, bring up at City Council or send us a note. c. Your role will be a little different when we make decisions about the two safety chiefs d. When the Exec. Dir. of CDC opens you'll need to decide if you want the City to handle the recruitment with a headhunter as we did last time. ► Action: We want your input. II. Department Head Consulting a. Executives will take valuable corporate history with them when they retire. b. The delivery of public service will be affected as those left behind try and reformulate policy to cope with events they may never have been through. c. In some cases the second-in-commands/acting department heads may be holding down two jobs (their old position and the acting position). Action: The City Manager will need to be able to selectively engage the services of retiring department heads when it is needed and when they are able. III. State League of Cities Public Service Skills Resource a. The State League maintains a roster of mostly retired department heads from other cities that are willing to take on temporary "acting" positions in other agencies. ► Action: The City Manager will need to use this service when it appears to be the best resource to staff openings temporarily while we recruit for permanent executives. 1/14/2003 IV. Compensation Survey a. One of the keys to recruiting replacement personnel is the compensation package that we can offer. When executives look to come to work for us they look at many things including: location, the City's image, career opportunity, the City Manager's reputation, compensation, etc. If compensation is not competitive it becomes more difficult to attract talent. b. Executive compensation that is competitive is particularly important if we are to begin any serious effort at attracting underrepresented classes. This is a simple symptom of supply -and -demand. c. We have come so far with Management Compensation in recent years that it would be a sad loss to see our ultimate recruitment efforts for new managers fall short because the final compensation structure could not be put in place before retirements began. d. We have advised the City Council last summer that the full implementation of the Management Compensation Plan lacks three features: i. the establishment of benchmark cities throughout California so that when we compare our management salaries to other cities we have some expectation that the cities and the positions are comparable to ours; ii. surveying our management positions against those benchmarks so that our management salaries generally match the regions that we compete with and recruit out of, and; iii. adjusting our Management Compensation Plan to those new benchmark averages e. Time is of the essence here. Action: The City Manager will need to engage the services of a recognized public personnel consultant to help complete the Management Compensation Plan. V. Headhunter a. Executive recruiting is difficult. It is time consuming. b. It's about knowing our local culture and needs. It's about a sales effort. c. It's about targeting people that might have something to offer us. d. It's about quality of the people who come to work here. e. We need to acknowledge that just as issues about our image will stay with us during the recruitments we also need to get the message out that things here are changing f. These recruitments are an opportunity. They allow for the possibility of a younger more diverse executive workforce. New executives will bring with them different ideas and, of course, the occasional mistake of the "new kid." 1/14/2003 V. Headhunter (Cont'd.) g. Several executive recruitments going on at once will prove taxing to our workload and especially so if our Personnel Director is retired. h. These recruitments must be conducted under the Municipal Code's authority and be done professionally, ethically and confidentially. i. It is our belief that we can accomplish a much better outcome if we employ the services of a professional public -sector headhunter. Action: The City Manager will need to engage the services of such a headhunter selectively as positions are evaluated for recruitment over the next year or two. The City Manager recommends that he be authorized to begin discussions with RJA Management Services, Inc. (Dr. Richard Garcia) in this regard. Background for Agenda Item from Mayor Nick Inzunza: WRITTEN COMMUNICATIONS ITEM #16 2f 18/03 The National City non-profit group Paradise Creek Educational Park Inc. (PCEPI) was recently awarded $25,000 from the County of San Diego's Community Project Fund, contingent upon verification of a match of $25,000 from the City of National City. The award was sponsored by Supervisor Greg Cox and was unanimously approved by the County Board of Supervisors on January 28, 2003. The funds are earmarked for restoration at Paradise Creek. PCEPI's share will be forwarded to the city and included in the overall budget for construction at the park. Construction is currently scheduled to begin this spring. The matching funds are available from the Engineering Department from the Miscellaneous Concrete Improvements projects in account # 3014095005986137. $26,243 is left from the $226,243 amount originally set aside to do Concrete Improvements in the city this last year. Recent discussions with Coastal Conservancy staff indicate substantial additional State funding will be allocated over the $750,000 originally set aside for Paradise Creek Educational Park. The attached material was received on 2-13-03 from Ted Godshaik. Council may consider granting concept approval at tonight's meeting and staff will return, formally at next council meeting with an implementing resolution. GREG Cox CHAIRMAN San Diego County Board of Supervisors January 28, 2003 Ted Godshalk Paradise Creek Educational Park, Inc. 2143 Cleveland Avenue ataonalCity,90_.. Dear Mr.dshallk, It is with great pleasure that I inform you of the San Diego County Board of Supervisor's decision regarding Paradise Creek. Today, the Board unanimously approved my recommendation to allocate $25,000 for the restoration and clean-up of Paradise Creek wetlands. This funding is contingent upon Paradise Creek Educational Park, Inc. also securing matching funds from National City and funding will be released to you upon verification of the National City funding. The prospect of a clean, restored Paradise Creek is exciting for the entire community. Enclosed is a copy of the Local Community Projects Board letter. I am pleased that the Board approved my recommendation today and offer my best wishes for a successful clean-up! Enclosure cc: Mayor Nick Inzunza, National City Paul Derochers, Director, National City Community Development County Administration Center • 1600 Pacific Highway, Room 335 • San Diego, CA 92101 (6191 531-5511 • Fax IR1Q\ 91c_nann ....... ____ DATE: TO: tif.4o ;Mou.•ar�' GREG Cox CHAIRMAN San Diego County Board of Supervisors January 28, 2003 Board of Supervisors SUBJECT: Local Community Projects (District One) COUNTY nr. f• 1, ::...LOG • • . • tiiGi$ JA,N 23 A Li 1 BOi'k RV ,1,.IcORS SUMMARY The County of San Diego is fortunate to have an opportunity to reinvest taxpayer money. into our communities for the benefit of the public. This action today will assist several community -based organizations in meeting the needs of individuals and families. RECOMMENDATIONS Chairman Greg Cox: 1. Allocate $2,500 from the Community Projects Budget (0261) to the Coronado Residential Association for printing, postage and equipment. 2. Allocate $7,500 from the Community Projects Budget (0261) toFirst Night San Diego for the San Diego First Night Family -Oriented Event. 3. Allocate $25,000 from the Community Projects Budget (0261) to San Diego Youth & Community Services for appliances, furniture, painting and renovation of the Take Wing program facility. 4. Allocate $25,000 from the Community Projects Budget (0261) to San Diego Youth .& Community Services for bleachers, a security system, kitchen renovation, lighting and computer equipment for the Youth. Education Town facility (YET). 5. Allocate $12,000 from the Community Projects Budget (0261) to the Parkinson's Disease Association of San Diego forcurriculum development, printing of promotional materials and postage. 6. Allocate $25,000 from the Community Projects Budget (0261) to Paradise Creek Educational Park, Inc., for restoration and clean-up of the Paradise Creek wetlands in National City contingent uponverification of $25,000 in matching funds from the City of National City. 7. Authorize the Chief Financial Officer to execute a grant agreement with these organizations establishing terms for receipt of the funds described above. 8. Find that the allocations listed above will benefit the public. County Administration Center • 1600 Pacific Highway, Room 5.35 • San Diego, CA 92101 SUBJECT: Local Community Projects (District One). Fiscal Impact: The fiscal impact of the proposed recommendations is $97,000. The funding source is FY 2001-2002 fund balance. This action will result in the addition of no staff years and no future costs. BACKGROUND: The Coronado Residential Association, the oldest public service organization in Coronado, has been serving the community since 1954 with the goals of promoting efficient and economical government for Coronado residents and ensuring the future of Coronado as a highly desirable residential community. Grant funding for printing, postage and equipment will assist the organization in communicating with all Coronado residents and support their membership drive. First Night San Diego provides family -oriented New Year's Eve celebrations at the Embarcadero each year. Allocating $7,500 to First Night provides funding for a safe, supervised, and alcohol -free event for families in 2002-2003. San Diego Youth and Community Services (SDYCS) has been helping homeless, abused and high -risk runaway youth for the past 32 years in San Diego. Providing grant funding for the Take Wing and YET program facilities will allow .SDYCS to continue providing invaluable resources to some of the most at -risk youth and assist them in obtaining independent living skills, good health and safe living conditions. The Parkinson's Disease Association of San Diego provides educational information and referral, in -home respite care, advocacy, support groups and transportation to many of the 50,000 individuals affected with Parkinson's Disease each year. These grant funds will allow for the creation of new outreach materials to assist patients and their families. The Paradise Creek Educational Park, Inc. is a non-profit organisation that provides for the restoration and clean-up of the Paradise Creek, in National City as well as educational programs for children and families on the importance of preserving wetlands and the dangers of dumping toxic substances and the importance of recycling. Allocation of $25,000 in grant funds is contingent upon verification of a $25,000 matching grant from the City of National City. By reinvesting taxpayer money into local communities, these projects will improve our citizens' quality of life. Respectfully submitted, GREG rOX Chairman 161/21:1/1b03 16:18 61953162611 FINANCIAL PLANNING PAGE 02/02 COUNTY OF SAN DIEGO 2002/03 COMMUNrIT PROJECTS ONE-TIME PROJECT INFOP4WION SHEET Grantee Organization Name:ICtd t5f Foyt'�►G . (Must match TJN form) •t�Vv�tG� Gt'ft,Yel!t�41 t 4 Informal Organization Natne(s), dba, aka: • Q 66 YC t/t ut t 5 a,, : PG i; ter Legal Status Grantee (Non -Profit Calif Corp, etc): Taxpayer 1.D. Number: 33— O8Lfl5og Administer of Contract & Title: t C' a a O dS kk i k. Mailing Address: ^ ((4 3 Grevei 4 A Vn- City: �`)64(bk1.01i {' Telephone Number: OSE OF GRA State: CA- Zip: q i 15 0 Fax Number: Xo• • k'.4'r1o,�t � r e,c-.4.c1-ca -114A 're-144/,-$ c-e-osiPS ,�.[� rz rhd5 e.rr ef- �lt�rroAi4L di Return by fax (619) 531-6261 or mail to: County of San Diego Attn: Janet Cox 1600 Pacific Hwy Rrn. 352 San Diego CA 92101 if you should have any questions please call Janet Cox nt(61o)S@1_C167 Sri eial Cr un Use On! District: Award Amount: Board Date, Item #: Vendor Number tract S s t Out: Z5 re--1p i a'$('V9 MEETING DATE EM TITLE PREPARED City of Idatiursai City, California COUNCIL AGENDA STATEMENT 02/18/03 17 MDA /TEM NO, REQUEST BY CHORALE, INC. TO USE THE NAME AND PHOTOGRAPHS OF THE NATIONAL CITY FIRE DEPARTMENT ON PROMOTIONAL MATERIAL FOR THE FESTIVAL AMEN 2003 Donald Condon, EXPLANATit0S� Battalion Chief, 619/336-4550 DEPARTMENT Fire RB Chorale, Inc. is a self-supporting, non-profit organization founded in 1974 for the benefit of raising funds for graduating high school seniors' scholarships. For year 2003, their goal is to fund emergency pediatric equipment to be donated to fire departments within San Diego County. RB Chorale, Inc., is requesting the City's approval to utilize the name and photographs of the National City Fire Department in promotional materials, such as fliers, posters, correspondence, programs, etc. The non-profit tax ID number for RB Chorale, Inc. is 23-7395913. nmental Review - x - PICA Financial Statement N/A STAFF RECOMMENDATION Approve request by RB Chorale, Inc. to use the name and photographs of the National City Fire Department Account Nn Fi.i0ARD P COMMISSION RECOMMENDATION N/A .A` ti A.C"iltM j . (Listed Below Information and materials provided by RB Chorale, Inc. Letter of request to utiii7e the name and photographs of the National City Fire Department. Resolution No. A-700 (9/80 Pat Bean, Director January 16, 2003 Battalion Chief Condon National City Fire Department 333 East 16 Street National City, Ca.91950 Dear Battalion Chief Condon, Happy New Year! The Festival Amen committee is very busy setting out our goals for our upcoming 9/11/03 concert at Golden Hall. We are delighted with the positive response from several Fire Stations. Enclosed you will find information on the RB Chorale and last year's Festival Amen. RB Chorale, Inc. Non -Profit Tax ID#23-7395913 Sincerely, Elvia Harris Festival Amen, Chairperson 858-558-2139 e-mail, elviah@rbchorale.org Dear Fire Chief. The RB Chorale is passionate about our commitment to community involvement. That is why we have selected the Firefighters of San Diego County to be the recipients of a donation from the money raised from our 2003 "Festival Amen concert". These donations would be used to purchase pediatric emergency equipment., which could he placed in Fire Stations needing this new equipment. The RB Chorale is a self-supporting, non-profit organization founded in 1974 by Pat Bean, executive director, for the benefit of raising funds for Graduating high-school seniors' scholarships. For year 2003 our goal would be to help fund emergency equipment to save children's lives. Our mission with "Festival Amen 2003," is to raise money by uniting the citizens of San Diego County in an ecumenical evening of uplifting song. featuring choirs from churches and Synagogues throughout San Diego. This exciting evening of glorious music is planned Lor September 11. 2003. The beautifully appointed, acoustically sound Golden Ilall at the Concourse downtown will host our Festival Amen 2003 event. As recipients of the funds raised we would like to include your Fire Station on all flyers, posters, correspondence, and programs etc. pertaining to this event. 1 have enclosed a copy of our "Festival Amen 2002" program for your review. Should you have any questions, please call me at 858-558-2139 or e-mail me at: �i rr_pachell_net. Sincerely, Elvia Harris, Festival Amen Chairperson 1< i Chorale. Inc _ I' O Box Rla. San nicno_ Cn v21v3r ,EETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 18, 2003 AGENDA ITEM NO. 18 ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE CALIFORNIA ASSOCIATION FOR BILINGUAL EDUCATION AND WAIVER OF FEES PREPARED BY EXPLANATION Burton Myers 336-4580 DEPARTMENT Public Works The California Association for Bilingual Education (CABE), San Diego South County Chapter, is requesting use of the Community Center North Room and Kitchen on Saturday May 31, 2003 to hold a Scholarship Awards Breakfast for students in Grades 6 and 12 from National City and other South Bay cities. They are requesting the Center from 7:00 a.m. until 11:00 a.m. Costs: Building: $281.44 Kitchen: 89.36 Custodial: 50.00 Total: $420.80 This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". Note: This item is being resubmitted for City Council approval because no one was present at the last Council meeting to answer questions from the Mayor and Council. Environmental Review Financial Statement Loss of $420.80 if waiver of fees X N/ Approved By: Finance Director Account No. STAFF RECOMMENDATION Council decision on use of the Community Center and waiver of fees BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application for Use of the Martin Luther King, Jr. Community Center 2. Letter from the California Association for Bilingual Education dated January 24, 2003 A-200 (9 99) Resolution No. 1 APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: L t. i toy-y\iC_\ Pv3 0c_ i c�;�i6fo \ vi r 13i r'j M tios,1 Ec�uca-- i' °'() Business Address::(_ 0. 1a►6 XLaos s E' 0 t' U\ a V i 5"-a C_Ik, `1 1 9 I 0 Name of Applicant: 1->e��t" �� 3-, L-fcpEZ c r Iv\ay- 1 Lc tv11611 , y( CC'1vi-1- m ( E 1 eAlif.„14.-1-0avA 15-L4,6 I Address: ci33 "�� P-v'+✓wue Oa-� 6na( C.-kAl C • qtcf--C-d Telephone Number: day ((Ai) 3 3 (n-1'f ✓4,3 evening (4,t9) 8 a 0 --7 i-A9 Type of Function: 5nnGVA. ©tCAr5kiF •Pcuocor-S5 Bre-aK--VoL,i' ' Date Requested: `` `( 3 k 2 0 0 3 (5 ci�� ra_a_ of Decorating Time: -1 ;. 0 0 ( h m) to g 1 3 © O/pm) ai Function Time: `, (� a /pm) to I o `e 3o /pm) Clean up Time: 1 0 o¢ 3 0 /pm) to I l 0 0 (�ii 'pm) Use of Kitchen: -X- no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: cR 0 0 Leatc-s-A-c.n1)0 Will Admission be charged? /e S If yes, Amount $ lam° n Will this event be used as a fund raising event? lei (";e Will alcohol be served? N[0 If yes, ABC Permit Submitted? 1` Certificate of Insurance attached? Ye_ 5 Special configuration of tables or chairs required? Ye--5 If yes, attach sketch. Special equipment required? Ye5 If yes, attach list. Copy of Rules & Regulations provided? ✓ Initials I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code as ainst Applicant's possessory interest in the City's facility. ,_I- a y- 0 3 Signatu e of pplicant Date rev. 09/02 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. 1�rvi 1 1't5Sa c i (I� i �n -Var ; , i Eau-r' t rs'"e f3�% Organization C�1 � ' �p 1 ' �.1 A � u Person in charge of activity �.7 '"� S, °� eZ 6Y cur 1 'v t ct C .Vrcc1 El emi Sch o 5-0 Address cl 3 3 E`r 1Ar,en^-'te � a-.. CA' q Telephone 1A1-9 - 33(`1 4 4, 3 n City facilities and/or property requested " lClAr � 1-tAA-41e"r K^I 1 rg C--OrA to "i4-1 Date(s) of use -G= 'Yd-0 '" `cil 3 I 2'0 0 3 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 damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, Signature of Applica t �> ( _./I C Official Title C_® ,A t Certificate of Insurance Approved by Name and Title Date Lf-0 rev. 09/02 CALIFORNIA ASSOCIATION FOR BILINGUAL EDUCATION SAN DIEGO SOUTH COUNTY CHAPTER P. O. Box 120584 Chula Vista, CA 91910 January 24, 2003 Mr. Burton Myers Director of Public Works Dear Mr. Myers, On behalf of the California Association for Bilingual Education (CABE), San Diego South County Chapter, we are requesting the use of the Martin Luther King, Jr. Community Center. Our Scholarship Awards Breakfast will be held on May 31, 2003. The hours are from 7:30 — 10:30 a.m. We have requested to have the Honorable Nick lnzunza, Mayor of National City, be our keynote speaker. Our annual CABE Scholarship Awards Breakfast is to honor children from National City as well as other cities in the South Bay. Students in grades 6 and 12 are the honorees. Students receive not only monetary awards but public acknowledgment in front of their peers and family. This recognition is important for our children since we know that they come from disadvantaged homes. We have heard from many parents that our recognition has motivated their children to attend a college or a university. Many of these students will pursue a career in education with the intent of returning to serve in their communities. CABE is a non-profit organization that promotes and supports educational excellence for all students. All of our fundraising activities fund this scholarship program. CABE is able to cover the $10.00 catering cost for families that are attending. Since our funds are extremely limited we are requesting to have our fees waived for the use of the Community Center. This would allow us to provide more scholarships to other worthy students. Our children are our future and we hope that we can count on your support. If you have any questions please feel free to call Mary Lou Montoya at (619) 336-7495 or Bertha Lopez at (619) 336-7463. Sincerely, Mary Lou Montoya Bertha Lopez CABE Scholarship Co -Chair CABE Scholarship Co -Chair City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE February 18, 2003 AGENDA ITEM NOa 19 ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE INTERAMERICAN COLLEGE FOR A GRADUATION BRUNCH AND GRADUATION CEREMONY AND WAIVER OF FEES PREPARED BY Burton Myers 336-4580 DEPARTMENT Public Works EXPLANATION The InterAmerican College is requesting use of the north room and kitchen on Saturday July 12, 2003 from 8:00 a.m. until 4:00 p.m. for a Student Graduation Brunch. They will be expecting 150 people. On Saturday July 19, 2003, from 8:00 a.m. until 4:00 p.m. the College is requesting use of the entire center for their graduation ceremony. The College is expecting 300 people at the graduation. The total cost for the brunch and graduation is $2,012.26. The breakdown is shown below. Cost: July 12th Building: $703.76 Custodial: 134.04 Kitchen: 80.00 Total: $917.80 Waiver of fees is also being requested. July 19th Building: $ 938.08 Custodial: 156.38 Total: $1094.46 This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". However, it would take the approval of City Council towai_v_et Environmental Review X N/A Financial Statement Loss of $2,012.26 if waiver of fees is appr STAFF RECOMMENDATION Council decision on use and waiver BOARD I COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS l Listed Below ) L1. Application for use of the Community Center 2. InterAmerican College letter dated January 31, 2003 .4-200 i9 99 Resolution No. APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR, COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: InterAmerican College Business Address: 1627 Hoover Avenue. National City. CA 91950 Name of Applicant: professor Reymundo Marin Address: s1h77 Hoover Avenue, National City, CA 91950 Telephone Number: day (619) 477-6310 evening (619 477-6310 Type of Function: Student Graduation Brunch Date Requested: July 12, 2003 Decorating Time: 3: (74-- 0/(B • 00 ( Function Time: 1 t:00 a.m. (am/pm) to 7:00 p.m. (am/pm) Clean up Time: 3.00 p m (am/pm) to (r� p,m. (am/pm) Use of Kitchen: no x yes If yes, Time: 9:00 a.m.(am/pm) to Li; cop.m. (am/pm) Number of Participants: 150 Will Admission be charged? NO If yes, Amount $ Will this event be used as a fund raising event? NO Will alcohol be served? NO If yes, ABC Permit Submitted? Certificate of Insurance attached? YES Special configuration of tables or chairs required? If yes, attach sketch. Special equipment required? YES If yes, attach list. Copy of Rules & Regulations provided? YES Initials CPO I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 arr.d7107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. 4 it Signature of Applicant Date rev. 09/02 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization InterAmerican College Person in charge of activity Professor Reymundo Marin Address 1627 Hoover Avenue, National City, 91950Telephone (619) 477-6310 City facilities and/or property requested Martin Luther King, Jr. Community Center Date(s) of use July 12, 2003 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 damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employ or contractors. �f C_. /k, President S nature o?'Applicant Official Title Certificate of Insurance Approved by _ Name and Title /-- 0 3 Date rev. 09/02 APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: InterAmerican College Business Address: 1627 Hoover Avenue, National City, CA 91950 Name of Applicant: Professor Reymundo Marin Address: $ 1627 Hoover Avenue, National City, CA 91950 Telephone Number: day (619) 477-6310 evening (619) 477-6310 Type of Function: Baccalaurate Graduation Date Requested: July 19, 2003 Decorating Time: 53' c �� to (17.- C-Jc2 Function Time: 10:00 a.m. (am/pm) to 1:00 p.m. (am/pm) a lo Clean up Time: 1:30 p.m. (am/pm) to 4:00 p.m. (am/pm) Use of Kitchen: x no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: 300 Will Admission be charged? NO If yes, Amount $ Will this event be used as a fund raising event? NO Will alcohol be served? NO If yes, ABC Permit Submitted? Certificate of Insurance attached? YES Special configuration of tables or chairs required? YES If yes, attach sketch. YES Special equipment required? If yes, attach list. Copy of Rules & Regulations provided? YES Initials I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City' f ility. Sic'nature of Applicant Date rev. 09/02 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization InterAmerican College Person in charge of activity Professor Reymundo Marin Address 1627 Hoover Avenue, National City, 91950 Telephone (619) 477-6310 City facilities and/or property requested Martin Luther King, Jr. Community Center Date(s) of use July 19, 2003 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 damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employpes7r contractors. (i PrPgidPnt Si' nature of A plicant Official Title Certificate of Insurance Approved by Name and Title — o : Date rev. 09/02 InterAmerican College Reymundo Marin President BOARD OF REGENTS Felipe Hueso, Esq. Chairman of the Board General Legal Counsel Roger Caldwell Sr. Vice President MAAC Project Dr. Richard A. Karas Professor, CSU San Marcos Rafael A. Arreola, Judge San Diego Superior Court Dr. Armando A. Arias, Jr. Professor, CSU Monterey Bay .,abriel Arce Community Health Group Dr. Joann Chenault Professor Emeritus Southern Illinois University Dr. Angelica Suarez Director, Southwestern College Higher Education Center Colegio InterAmericano January 31, 2003 Hon. Mayor Nick Inzunza Hon. City Council of National City City Hall National City, CA 91950 Dear Hon. Mayor Inzunza: Dear Hon. City Council: The purpose of this letter is to request the use and waiving of fees of the Martin Luther King Jr. Community Center, for July 12, 2003 for the IAC student graduation brunch and for July 19, 2003 for the baccalaureate graduation ceremony. Besides our this year's graduation candidates, IAC will recognizing several former graduates receiving the State of California Clear Teaching Credential. IAC and the Board of Trustees are grateful for your continued support. I want to take this opportunity to thank you for the use of the community center last July 20, 2002 for IAC's fourth graduation in National City. It would be an honor for IAC to receive the support and participation of the Mayor and National City Council on our fifth graduation ceremony. Through this letter IAC extends to you a most cordial welcome to celebrate with us. Since Professo Reymunmun do Marin President 140 W. 16th Street, National City, CA, 91950 Tel: (619) 477-6310 Fax: (619) 477-7340 E-Mail: rmarin@iacnc.edu Web Page: www.iacnc.edu nAEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 18, 2003 20 AGENDA ITEM NO ITEM TITLE TEMPORARY USE PERMIT BEAUDRY R.V. PARKING LOT SALE AND SHOW PREPARED B`E1audia Caro, Permit Tech. 33 EXPLANATION Building and Safety This is a request from Beaudry R.V. to conduct a recreational vehicle sale on the Ward's lot at the Plaza Bonita Shopping Center, from Thursday, February 20 through Sunday, February 23, 2003. Hours of the sale: Thursday — Saturday 9:00 a.m. until 6:00 p.m. Sunday 11:00 a.m. until 6:00 p.m. Any sales tax collected as a result of this sale is allocated to National City. Environmental Review Financial Statem The City has incurred $150.00 in costs in pro a sing this Temporary Use Permit application. STAFF RECOMMENDATION Account Pdo. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD I COMMISSIQ ECO E N/A ATTACHMENTS ci Below l Resolution NoF Application For A Temporary Use Permit with recommended conditions of approval. A -zoo (MO) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Beaudry R.V. EVENT: Beaudry R.V. Sale and Show DATE OF EVENT: February 20-23, 2003 APPROVALS: PLANNING FIRE FINANCE POLICE YES [x] YES [x] YES [x] YES [x] SPECIFIC CONDITIONS OF APPROVAL: NO [ ] NO [ ] NO [ ] NO [ ] SEE COMMENTS [ ] SEE COMMENTS [ x SEE COMMENTS [ x ] SEE COMMENTS [ x FIRE 336-4550 1. Exit ways to be maintained in an unobstructed manner at all times. Exit ways to be clear of all obstruction for its entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at all times. 4. Fire hydrants shall not be blocked or obstructed. 5. Plot plan required. Plan to reflect display layout, exitways, fire access points, etc. FINANCE 336-4260 Any sales tax collected as a result of this sale must be allocated to National City. When filing the quarterly return with the State -Board of Equalization. A copy of the notice that is sent to the State - Board of Equalization is to be submitted to the Finance Department. A current business license must be on file in the Revenue & Recovery Division of the Finance Department for each vendor participating. aro ceio w Z LLl O CZ W J Cw QZT as Ot 032111 NQ< Jam, fl1-c* -6)€ t 6./9) .J ,o.9_-/v OLLT-T L-On ©©:IT E09Z/ t/ @ NNI ACGI1EH Type of Event Public Concert Parade Motion Picture Fair Festival Demonstration Circus Grand Opening X Other A .V - Community Event Block Party Event Title: ige.s ripiny //�� V So la. Event Location: /'14z.ar /6dn•"iy 4L (/ Event Date(s): From p1. "Plto - '(� Total Anticipated Attendance: Monthmsy/Year ( Participants) ( Spectators) Actual Event Hours: �r pm to 4 {aml� Setup/assembly/construction Date:9�f.4ft-O Start time: Ff y., //// Please describe the scope of your setup/assembly work (specific details): /'f.e Dismantle Date .'143= Completion Time List any street(s) requiring closure as a result of this event. Include street`name(s), day and time of closing and day and time of reopening. r Sponsoring Organization: 4,20 . iJ/`7 /U Chief Officer of Organizationiz�(Name) l6 Applicant (Name): de...." I P•7 X _v Address: s l ran q%rs .0 Q ,b.n ¢ C4 9o't '? Daytime Phone: (jj}) ¥¢7.-gF7O$Evening Phone: ( ) 5.f1/$46 Fax: ( 7 Contact Person "on site' day of the event: ► ya Zak", • 5 rh' TT Pager/Cellular: (7746.) 149 `7 4� O NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS For Profit Not -for -Profit 1 a d - OEEE 13Cc!3S81 dH ZS:LI E002 QT gad 02/11`2003 11:00 520-741-1170 HOLIDAY INN PAGE 03 is your organization a "Tax Exempt, nonprofit" organization? YES ) NO Are admission, entry, vendor or participant fees required? ., YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. r J rFsjj�� e . t�E�� .�:� 7NS�- 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: 5 YES ),NO Does the event involve the sale or use of alcoholic beverages? -afES NO ,Will ites ooservices be sold at the,event? if -yes; pleese,descsiile i, ) ," l,. f. m"".j Il�� `` 4 YES C 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 in'ipate the direction of travel, and provide.a written narrative to explain your route- YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event Involve the use of tents or canopies? If YES: Number of tentrcanoplas Sizes NOTE: A separate Fire Department permit is requiredfor tents or canopies. YES CNO 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 f Please describe how food will be served at the event 4'' ;; a =.,. If you intend to cook food in the event ae`ea please specifythe method' GAS ELECTRIC CHARCOAL OTHER.(Sp :, . 9 Portable and/or Permanent Toil acilities Number of portable toilets: (1 for every 250 people is required, unless the elpplicantr an show that there are facilities in, the imrnediate„isrea,evailable,to the public luting the > Tables and Chairs 9 Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity D Canopies or tent locations (include tent/canopy dimensions) • Booths; exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures 9 Vehicles and/or trailers 9 Other related event components not covered above 9 Trash containers and dumpsters (Note: Yew mostiproperiy,dispotae of westis,and garbage,t(trogghoutwthe,term of your event and immediately upon conclusion of the event the area must be returned"to a clean ponditiop,) . ,,.: , M e: - •.. :p'T 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 E'd OEEE 13Ca3SH1 dH zS^Li E002 0T qaA 02/11/2003 11:00 520-741-1170 HOLIDAY INN PAGE 0'i Please describe your procedures for both Crowd Control and internal Security< __iX��--L LL_ — h V r f,- s_ y7" t co.eke_5 `v'�"'� Antraititc r!* Bo js® uS� -f�a � T/1 _YES NO Have av hired for this evProfessional essi f YSSecurity orseg fist: to handle security Security Organization: Security Organization Address: ------ Security Director (Name): Phone: :(t YES XNO Is this alum illuminated tnight o ensueIf s, please state how the event and safety of the participants and spectators: ding area Please indicate what arrangement you have made for providing First Ald S ffing and qu +n s Please describe your Acces bitity Plan for access at your event by iiduals with disabilities: Pie - provide a detailed description of yur 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 41. NOTE: Neighborhood residents must be notified 72 houvs In advance when events are scheduled in the City parks. _ YESXNO Are there any musical entertainment features related to your event? if YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: Number of Bands: YES XNO Will sound amplification be used? If YES, please indicate: Start time; am/pm Finish Time amlpm YES SNO WIII 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: YE4eN0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 '� SE 44.1 As1(% OEEE 13C?3SH1 dH- 1,S:LT EOOZ OT clad 02/11/2003 11:00 520-741-1170 HOLIDAY INN PAGE 05 yor Office Use Only Department Approved? Yes No Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date nitia :AALMC5 A.VP, 3AF:Eri. C E F. D ale ecenie City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials,agents and employees named as additional Insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization £t t _ i, 4O +' . //�� Person in Charge of Activity laik��.. 4• �aJ 016. Address ?%57 ,tees CI Telephone666) Date(s) of Use A4 2-0 " 01 3. ,of f Gok.e¢c.G! note, ®„'f' 06 )1'q 7- 4470$ 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. Sigfiature of Eti 4 as i" -E-©3- CJ� Official Tine Date Ap cant )-or Utfice Use vnty Certificate of Insurance Approved Date 7 OEEE 13r?J3SH1 dH SS:GT E002 OT clad t¢1002 02/10/2003 18:11 FAX 3 HO PPl NOTOWN PLAZA BONITA 3030 Plaza Bonita Road, Sults 2075 National City, CA 91950-8007 Telephone 16191 287.2850 Facsimile (6191472.5652 February 10, 2003 The City of National City Finance Department 1243 National City Blvd. National City, CA 91950-4301 To Whom It May Concern: Westfield plans to host a recreational vehicle sale on our Westfield Shoppingtown Plaza Bonita property located at 3030 Plaza Bonita Road, National City, CA 91950. Plan to occupy our property from Wednesday, February 19, through Monday, February 24, 2003 for set-up, operation and removal of recreational vehicles. Respectfully, PLAZA BONITA LP Cindy Kellems General Manager CK:ar ,EETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 18, 2003 AGENDA ITEM NO. _' ITEM TITLE NOTICE OF DECISION — PLANNED DEVELOPMENT PERMIT FOR EXPANSION OF THE FRANK TOYOTA DEALERSHIP AT 2400 NATIONAL CITY BOULEVARD (APPLICANT: JOHN POTOCKI) (CASE FILE NO. PD-2002-6) PREPARED BY Roger Postr DEPARTMENT Planning EXPLANATION The project site is a nearly 4.5 acre property at the southwest corner of National City Boulevard and Mile of Cars Way, in the Commercial Automotive -Planned Development (CA-PD) zone. The Frank Toyota dealership occupies the entire site. The main building is a somewhat long and narrow, 31,000 square foot structure facing National City Boulevard. This mostly one-story building is divided into showroom, office, and parts and service areas. Nearby properties to the north, south and east are also developed with automobile dealerships; business offices are located to the west. Frank Toyota proposes a 15,112 square foot expansion to the rear of the main building. The two-story, 30- foot-tall addition is to be used for additional offices and parts and storage space. Its exterior includes split - faced block on the first floor, and smooth faced block with a stucco exterior above. Exterior colors will be mostly white and grey with red striping, designed to match the existing Toyota theme colors at the site. In addition, a large parapet wall, with similar coloring on a stucco exterior, will be constructed over a portion of the existing building to screen rooftop equipment. The Planning Commission held a public hearing on this item at their January 6, 2003 meeting. There was no public testimony in opposition to the proposal. Commissioners determined the project would be compatible with existing development in the area, and voted unanimously to approve it. t Environmental Review X N/A Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit. ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 1-2003 3. Site photos 2. Location Map 4. Reduced site plan and elevations A -zoo 99) RESOLUTION NO. 1-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR EXPANSION OF THE FRANK TOYOTA DEALERSHIP AT 2400 NATIONAL CITY BOULEVARD APPLICANT: JOHN POTOCKI CASE FILE NO. PD-2002-6 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for expansion of the Frank Toyota Dealership at 2400 National City Boulevard at a duly advertised public hearing held on January 6, 2003, 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. PD-2002-6, which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 6, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 4.46 acre dealership has sufficient area to accommodate the new structure while meeting Land Use Code requirements. 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 proposed addition will generate a negligible increase in traffic and the site is served by National City Boulevard and Mile of Cars Way, both arterials designed to carry high volumes of traffic and currently operating below capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposal to expand an automobile dealership is located in the Commercial Automotive (CA) zone, an area specifically designated by the General Plan and Land Use Code for automobile dealerships. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the expansion will allow Frank Toyota to provide better service to their customers in an area zoned for such use. BE IT FURTHER RESOLVED that the application for Planned Development Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes a roughly 16,000 square foot expansion of the Frank Toyota Dealership. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File no. PD- 2002-6, dated 12/6/2002. 2. Prior to approval of any building permits associated with this project, the property owner shall prepare and have recorded, a boundary adjustment specifically relocating the existing southern side property line outside of the new building area and any related setback. 3. All rooftop equipment located on the main building showroom shall be relocated behind the new parapet wall above the existing office area. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 5. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a registered Civil Engineer or other qualified professional, and shall be in accordance with the City requirements. 6. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run- off resulting from this development. 7. Any easements shall be shown on the plans. 8. All existing survey monuments, including any benchmarks, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 9. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership of the property. 10. Fire sprinkler system plans shall be submitted directly to the Fire Department by an appropriately licensed contractor prior to installation. 11. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 12. Before this Planned Development 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 Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development 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. 13. 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 resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 3, 2003, by the following vote: AYES: BACA, FLORES, GRAHAM, MARTINELLI, REYNOLDS NAYS: ABSENT: ABSTAIN: CHAIRMAN _) < 0 0 Q. ac § SITE PHOTOS Southern half of main building, looking west across National City Boulevard it4.4,44.44,;444-44:14 46.4;4 -4,;44.4a4;444.444444,444:4"" Northern half of main building, looking west across National City Boulevard NATIONAL CITY PLANNING DE EXHIBIT A -Revised CASE FILE NO. PD-2002-6 DATE: 12/6/2002 ,,,,t, i F4 '.•� 9C- 15 1 ®aZ eRJ.edG`9eee$eeeeeR. IIIIIIIIIIIIIIIII, AKESEIINSA wrap. In zsu FRANK TOY TA;+ erns- r�r_ 00 'AO i i ,F ._. num gin pm r/ oia A •i .1 .�i::J wo ______ ---- - rormA PPS .sorarwE Ti mr �.11.1.1. OREM ..FIIV FINISH SCHEDULE .wdw "'IFIANNIFYIFvrwewwmw� drw .ie.o i.W .3.01...,eowFG . IFIMI•FOOFFI. WOW mn....Wnmd.rme.vnrr e® 'FRY nFF[00\u MFFI.. ELM ua 'YIF• FA. 1FIFI.11.11 wnm.,m.m ISIF▪ LOSIS n n lF111 FAWN FitImen ,d.. atW 19,177.Riax EL VA71GNB JOHN POTOCKI ASSOCIATES ■OA SEGO FRAZIER DRIVE SAN DIEGO CALIFORNIA 82119 518- 481.1684 . 77 . _.ima A4 ITEM "22 2/18/03 RESERVATION OF NAMING RIGHTS FOR THE MISS NATIONAL CITY PAGEANT - COUNCILMAN MORRISON ITEM 23 2/18/03 AUTHORIZATION FROM CITY COUNCIL FOR MAYOR TO MEET TWICE PER MONTH WITH CITY'S REPRESENTATIVES ON SWEETWATER AUTHORITY AND COUNTY WATER AUTHORITY AND WITH THEIR APPROPRIATE STAFF (MAYOR INZUNZA)