Loading...
HomeMy WebLinkAbout2003 03-18 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — MARCH 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 ADJOURNED MEETING OF FEBRUARY 25, 2003 AND THE REGULAR MEETING OF MARCH 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 3/18/03 PAGE 2 PROCLAMATION Proclaiming March 30, 2003 to be "WALK FOR RECOVERY- THREE MILE WALK" INTERVIEWS/APPOINTMENTS 1. Boards and Commissions: Appointments of Planning Commission Members (2). (City Clerk) 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. 2. Resolution No. 2003-32 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and the Maytime Band Review Corporation. (City Manager) 3. Resolution No. 2003-33 A Resolution of the City Council of the City of National City approving the final contract balance change order, accepting the work, and authorizing the filing of a Notice of Completion for the miscellaneous concrete improvements at various locations within the City. (Engineering Specification No. 02-03) (Public Works/Engineering) 4. Resolution No. 2003-34 A Resolution of the City Council of the City of National City designating Residential Permit Parking District "I", establishing prohibited parking, authorizing permits and posting of signs. (Engineering) COUNCIL AGENDA 3/18/03 PAGE 3 CONSENT CALENDAR (Cont.) 5. Resolution No. 2003-35 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to Agreement between the City of National City and Schmidt Design Group to provide additional services required to finalize bid documents for Paradise Creek Educational Park. (Engineering) 6. Resolution No. 2003-36 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Agreement with the California State Library for a Library Grant. (Public Works/Engineering) 7. Resolution No. 2003-37 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with CBIZ Accounting, Tax & Advisory of Orange County, Inc. to provide and implement new Governmental Accounting Standards Board Statement No. 34 consulting services. (Finance) 8. Resolution No. 2003-38 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Attachment Permit and WAP Site Use Agreement with Ricochet Networks, Inc. for the placement of radios on facilities located in the public right-of- way. (Engineering) 9. Resolution No. 2003-39 A Resolution of the City Council of the City of National City authorizing the submittal of a grant application, the incurring of an obligation, the execution of a Grant Agreement and any amendments thereto, and any other documents necessary to secure a CEGP Grant from the State of California, Department of Housing and Community Development. (Building & Safety) COUNCIL AGENDA 3/18/03 PAGE 4 CONSENT CALENDAR (Cont.) 10. Year End Audit Reports for Fiscal Year ended June 30, 2002. (Finance) 11. Status report regarding Residential Permit Parking District "A". (Public Works/Engineering) 12. WARRANT REGISTER NO. 35 (Finance) Ratification of Demands in the amount of $1,072,188.18. 13. Claim for Damages: Russell D. Paszko (City Clerk) NON CONSENT RESOLUTIONS 14. Resolution No. 2003-40 A Resolution of the City Council of the City of National City authorizing the submittal of a grant application, the incurring of an obligation, the execution of a grant agreement and any amendments thereto, and any other documents necessary to secure a JHB Grant from the State of California, Department of Housing and Community Development. (Building & Safety) 15. Resolution No. 2003-41 A Resolution of the City Council of the City of National City approving the establishment of a new at -will position of Special Assistant to the Mayor at a salary band of $3,038 to $5,463 per month. (Personnel) *Refer to Item #16 COUNCIL AGENDA 3/18/03 PAGE 5 ORDINANCES FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City amending Section 3.04.020 of the National City Municipal Code. (City Attorney) *Refer to Item #15 17. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by amending Chapter 10.70 pertaining to police regulated business regulations, Chapter 10.73 pertaining to live adult entertainment at adult oriented entertainment establishments, and Chapter 10.79 pertaining to massage establishments and adding Chapter 10.78 pertaining to entertainment establishments. (City Attorney) ORDINANCE FOR ADOPTION 18. 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) OLD BUSINESS 19. Student Representative on the City Council. (Council Initiated) NEW BUSINESS 20. Notice of Decision — Conditional Use Permit for classroom facilities in the Southport Business Center at 404 Mile of Cars Way. (Applicant: Raymond Uzeta, Chicano Federation) (Case File No. CUP- 2002-23) (Planning) 21. Notice of Decision — Conditional Use Permit for construction of a duplex behind an existing home at 720 I Avenue. (Applicant: Daniel Contreras) (Case File No.: CUP- 2002-17) (Planning) 22. Mayor's Blue Ribbon Commission. (Council initiated) COUNCIL AGENDA 3/18/03 PAGE 6 NEW BUSINESS (Cont.) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — Public Hearing — Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Budgets. — Wednesday, March 19, 2003. — 3:30 p.m. — Council Chambers, Civic Center. Next Regular City Council Meeting — April 1, 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 fkDdttrittt#IUIt WHEREAS, No one is untouched by the effects of alcohol and drug abuse, Many of us have felt first had the devastating impact of substance abuse our own families, within our circle of friends, our neighborhood, or in our workplace some of us, however, look at substance abuse as something that only happens to other people — something we only see on TV and in the movies. However, the truth is, not one of us is immune from the far-reaching damages that alcohol and drug abuse causes impact on our community is horrendous affecting each and every one of us. WHEREAS, 14.5 million Americans aged 12 or older are classified with dependence on o.r abuse either alcohol or illicit drugs. WHEREAS, During the past decade, four times as many Americans died in drunk driving accidents as were killed in the Vietnam War. WHEREAS, Walk for Recovery 3 Mile Walk Sunday, March 30, 2003 Balboa Park, San Diego NOW, THEREFORE, I NICK INZUNZA, Mayor of National City, California, and on behalf of the City Council, and the citizens of National City, do hereby proclaim the 30th of March 2003, to be: "WALK FOR RECOVERY 3 MILE WALK" In the City of National City. IN WITNESS WHEREOF, I have here unto set my hand and caused the Seal of the city of National City to be affixed this 30th day of March 2003 2R Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT February 18, 2003 aEETING DATE AGENDA ITEM NO. 1 ITEM TITLE PREPARED BY EXPLANATION BOARDS AND COMMISSIONS: Appointment of Planning Commission Members (2) Michael R. Dalla ' DEPARTMENT City Clerk Two new Planning Commission positions have been created and will become official on April 4, 2003, when Ordinance No. 2003-2217 becomes effective. It has been requested that appointment of the new Planning Commissioners be placed on this agenda. The eligible applicants are listed below and their applications are attached. All have been invited to be present at tonight's meeting. Patrick Amon Carlos Carrillo Richard Hubbard Alethea Pruitt Leticia Quintero Ditas Yamane I - Environmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) See above. Resolution No. A-200 i9.991 Z-'8 -03 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of thisform to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City_ Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) City Council Building Advisory & Appeals Board Civil Service Commission 2 Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: t-4 (Last) Rome Address: Telephone: Residence ( � }° � '" ;7 ` ) ) Business/Work NUMBER OF YEARS YOU HAVE LIVED IN: NATIONAL CITY? CALIFORNIA? SAN DIEGO COUNTY. Planning Commission Port Commission Traffic Safety Committee_l _.._— Library Board of TrusteesSweetwater Authority San Diego County Water Authority Housing & Community Development Committee Birth Date s2 (Optional) (First) ARE YOU A REGISTERED VOTER: YES NO HAVENOR TRAFFIC OFFENSES) A CIVVIL JUDGEMENT (OTHER THAN A D IV DECREE) ENTERED ORRHBEEN CONVICTED OE A CRIME (OTHER THAN AGAINST YOU: HAD NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) IU Olzl [i iszON ,v. 1,f( ANTS oaf Colleges attended and degrees held, if any: Related Professional or Civic Experience: Please indicate below any further information that will be of value regarding your service on named boards, committees or commissions: DATE: YOUR SIGNATURE RETURN COMPLETED DORM To: City Clerk's OCf-ice 1243 National City Blvd National City, CA 91950 he above —LmoZ— CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS possible on those persons willing to serve oon any of se and t the Boards and Commi si s of the Cient of this form to prove the City Cuncil with as much background information as ty of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it Is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: 6-:', (' i 1 i 1} k) Cc, (Optional) (Last) I 4 Home Address: ` .1 ' ' ) E:G• fl t` t I- t n (_ kL- ) C1 -- I (4`,l!) Business/Work ( G' ) 1 q-- -2 ) Telephone: Residence ( L 1 v NUMBER OF YEARS YOU HAVE LIVED IN: ii NATIONAL CCTY? � CALIFORNIA? I SAN DIEGO COUNTY? ARE YOU A REGISTERED VOTER: YES v""---- NO RAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HADIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: V YES: (PLEASE ATTACH SEPARATE EXPLANATION) Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee (• (First) Birth Date Iffirm Colleges attended and degrees held if any: �.'t\1,vci t4 >/4\ ,,t.a t3. At Related Professional or Civic Experience: /� ) 2. iI { )i f Ito,A i k. (f t_ tel. real {�LtkfvN➢1� f:. f` (.try :L I!iCtrIC_ C IL 1 Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: DATE: YOUR SIGNATURE RETURN COMPLETED FORM TO: CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAI. CITY, CA 91950 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this t to provide the City Council with as much background information as possible on those persons willing to serve on any oC the Boards and Commissions of the City of National City - Please note: This application will be kept on tile and under consideration for one (I) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT OR COMMISSION FOR WHICH YOU ARE APPLYING May Apply for More than One) PLEASE CHECK THE BOARD (You City Council Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: / i (Last) Home Address: Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority _ Housing & Community Development Committee Telephone: Residenc f.e / 7 9/ ) Business/Work NUHAVE LIVED NBER OF c,573 YO SAN DIEGO COUNTY?CALIFORNIA? SU NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES ____ NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: V YES: (PLEASE ATTACH SEPARATE EXPLANATION) Birth Date Coll _es attended and degrees held, if any: ndicate below any further information that will be of value regarding your servi e on the above named boards, committees or commissions: DATE: YOUR SIGNATURE RETURN COMPLETED FORM TO City Clerk's Office 1243 National City Blvd National City, CA 91950 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES *Need not be a resident ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission ❑ Housing &Community Development Committee ❑ Library Board:ofTrustees ❑ Parks & Recreation Advisory' Board X Planning Commission 14-1 -=i(ns 1o1% CC CdYr/vvl?ISsrdt4 Note: Applicants must be residents and registered to vote in the City of National City. Name A Home Address tec� �lnv Business Affiliation Business Address ❑ Port Commission RECEIVED ❑ San Diego County Water Autinn YCLERK ❑ Senior Citizens Advisory Board ❑ Serra Library System AdtermA§acTid p ❑ Street Tree & Parkway Committee ❑ Sweetwater Authority CITY OF NATIONAL CITY ❑ Traffic Safety Committee 13 f ha-ttc.ki - Pie jt 1 c9-t C'oici u`1 fir, -j- YY1 + c e„ Title 6/9 2/ 7-3377 7' Tel. No. (o I y 7;45 -c562 CLLt -Prn i-e, ni1 Tel. No. Co/ 7Z- O5C Length of residence in National City ,3 cSan Diego County 7// California y� Educational Background /%re4i-,L/y ,97fefrd1i'u7 (J®� " (,) kI l 1s r� Occupational Experience (Z)7) 5%`/ -Jc7z le K /�lis/.4r Gel! 97-4 l d N / 7 Professional or technical organization memberships AM-n f4SSr,r-ialza i' lam%/Nor , h7 (,./lit %Lcq c fitr? S . Civic or community experience, membership, or previous p blic service appointments: J` tic a Pica ,6/ rte c s %0.93',i d se L'a- Crty s42 /iuvo/v�/ SGl1 P 1�°! re9,K rC- ca �iP %)try -e4- a ,8�y`s ÷ Gic./S Nib .y�Drt in�eC ( s -f-idei Experience or special knowledge pertaining to area of interest: C'oe> c-el-y_� , ),M iokeyic of _sill,- c�rfir°r u ca.fy c'c�rc'etAtr—j,vi//r1vry r 0,0 o p G'e-tt 1 cz-40 r.11i/i c Sifer Date 2/0//6 3 Signature Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) Revised January 8, 2003 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background Information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one 0) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housine & Community Development X Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: QLlifxfet-O (Last) Home Address: NA 1010f c Birth Date 10 /IC I t (First) (Optional) 303 Eas+ Znd stream, ioned erVy, cA gla50 Telephone: Residence ( �ts) t n ---z i q. ) Business/Work ((OM) t7n-5932 CALIFORNIA? ZD SAN DIEGO COUNTS'? NATIONAL CITY? 20 ARE YOU A REGISTERED VOTER: YES ✓ NO HAVE YOU EVERFIC OR HAD A CIVIL BEEN (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST OFFENSES) NO: t� YES: (PLEASE ATTACH SEPARATE EXPLANATION) NUMBER OF YEARS Y U HAVE LIVED IN: ) Colleges attended and degrees held, if any: spounish Ufliver i' of San Di - Working orb a daabte 8aciletar'5 atiSh Related Professional or Civic Experience: SpFI Eil BAy After i Corps * V!STA, Adelez Mie Mu jet' r xnl►'ll nee., Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: Par4ners -ivy Preveat+'on, Nar}ioOctt COI Cottaborulive DATE: ateloz- YOUR SIGNATURE ct3 (pUL tJ Lab RETURN COMPLETED I 'ORM TO CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this funs to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (I) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH 5(,OIU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board ✓ Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: YANIANE Planning Commission ✓ Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Conjnunity Development Committee ,f P:]LASfE;1"RIN:T 'CLE;Al2L'Y DITAS (Last) Birth Date (First) (Optional) Home Address: 831 D Avenue National City , CA 91950-3405 Telephone: Residence NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 15 SAN DIEGO COUNTY? 15 619-474-6088 ) Business/Work ( 619-474-3500 NATIONAL CITY? 1 ARE YOU A REGISTERED VOTER: YES X NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: X YES: (PLEASE ATTACH SEPARATE EXPLANATION) STUDENT COMMISSION AI,TLUCANTS ONLY: School Attending Colleges attended and degrees held, if any: Pls. see attached resume. Thank you. G[ade Related Professional or Civic Experience: P1s. see attached resume. Thank you. Please indicate below any further information that named hoards, committees or commissions: will be of value regarding your service on the above Pls. see attached profile. Thank You DATE: 01.1Io.1'3-5 YOUR sIGNATUR4: Gla RETURN FORM To City Clerk's Office 1243 National City Blvd National City, CA 91950 Ditas Yamane Ditas Yamane is the Executive Vice President of The Phone Shop, an independent inter -connect company and provider of business telephone systems and data network services to home -based and commercial businesses. The Phone Shop, based in National City since 1991, is located at 835 D Avenue in National City, is a Pacific Bell Authorized Sales Representative for all SBC Pacific Bell products and services. Ditas also stays busy as President of Premium Real Estate Services, a business in real estate sales and loans based in National City. She is Licensed and Registered Representative for Western Union, the fastest way to send money worldwide, also based in National City. As a dynamic and energetic community leader, Ditas Yamane is: President, Filipino American Chamber of Commerce of San Diego County, a non-profit organization committed to assist in the continuing betterment of the ever-increasing number of Filipino American businesses in San Diego County. o FACC-San Diego has partnered and built alliances with the following organizations: ▪ Asian Business Association — San Diego, California ® SD Alliance for Asian Pacific Islander Americans • SD Asian Film Festival • Filipino American Development Initiatives ® SD World Trade Center • SD County Hispanic Chamber of Commerce • The City of San Diego — Diverse Emerging Vendor Outreach Program • National Council of Asian American Business Associations • Habitat for Humanity Foundation • ABS CBN Foundation Micro Finance Project • and other associations and organizations for projects or programs consistent to FACC's goals and objectives Executive Member, Tourism Advisory Council of San Diego County under the Philippine Department of Tourism of Southern California, in promoting tourism and trade to the Philippines. Recently, chaired the successful presentation of WOW ± Philippines !!! (Wealth of Wonders in the Philippines) at the US Grant Hotel in downtown San Diego. Co -Chairman, Presidential Host Committee, for the very successful " Event of the Year " A dinner gala honoring Her Excellency President Gloria Macapagal — Arroyo of the Republic of the Philippines. The event where Filipino Americans came together (solid and united) to show their undivided support to our mother land, during President Arroyo's visit to San Diego held at the San Diego Marriott Hotel. Moderator, Filipino American Business Summit 2002" Business Growth Strategies in Challenging Times" held at the Wyndham Emerald Plaza Hotel in San Diego with the National City Mayor, Honorable Nick Inzunza as the Guest Speaker. ® Keynote Speaker, Orion Community Association of California on their" Strength in Unity" Annual Dinner Gala held at the Double Tree Hotel - Mission Valley in San Diego, California. Development Director, Samahan Filipino American Performing Arts and Education Center, a non-profit organization to preserve, develop, and present the traditional performing the igartsof Culturehe Philippines. Samahan contributes to a better knowledge and appreciation Heritage which is very important not only for those who are born here but also for those who have left the Philippines at an early age. Background = License in Real Estate Sales, State of California = License in Insurance, State of California = University of Santo Tomas - Manila, Philippines - College ofNdical Peharm Teccy hnology undergraduate in = Bb. Pilipinas - Universe Finalist (Miss Universe) - Manila, Philippines Philippines = Model for Commercials, Fashion and Ramp - Manila , Phili = Executive Production Assistant - Showbiz, Inc. - Manila, Philippines For TV shows: Showbiz with the Salvadors ; Tang-Tarang Tang and Rico Baby. = Executive Producer & Director - GB's TV Production for Germspesyal - Cebu, Philippines. = Director, GMA Channel 7-Cebu = Sinulog Philippines ! = President, DDS Media Marketing - print media, television and special projects production and marketing - concerts, product launches, and special projects as well as political campaign projects. = International Flight Attendant for a leading commercial airline - Ditas learned different cultures from flying all over the world making her a real people person. Ditas with husband and business partner, Rey Yamane, President of The Phone Shop, busy f the iir lovely children Darrell, a college student, and Nikkirae, a kindergarten, are one happy and ThanY. you. City of a t City, California COUNCIL. CENDA STATEMENT 4EE iNG DATE March 13, 2003 AGENDA ITEM NO. 2 7-0TEM TITLE RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW PREPARED BY EXPLANATION Park Morse, ACM n DEPART ENT (336-4240) AA City Manager The Maytime Band Review Corporation has requested funding appropriated in the 2002-03 Fiscal Year budget. A proposed Agreement has been submitted for consideration and adoption. The Agreement proposes $13,000 in compensation in return for the various advertising services provided by the Corporation. Insurance and the City's ad in the Program are covered within this amount. Erivirortniental Hevienr _X_ NIA Financial Statement Approved By: Finance Direct Funds in the amount of $13,000 are budgeted in Account 001-409-000-650-92 (Maytime Band Review) Account No. STAFF RECOMMENDATilON Adopt the Resolution. r 1 C 1 N RECOMMENDATION N/A 2003-32 1. Resolution 2. Letter & Proposed Contract A., CO ,4 99` RESOLUTION NO. 2003 - 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE MAYTIME BAND REVIEW CORPORATION WHEREAS, the Maytime Band Review Corporation has special expertise and knowledge in directing and sponsoring the Annual Maytime Band Review for the City of National City; and WHEREAS, it is the desire of the City of National City to employ said Maytime Band Review Corporation as its agent for the purpose of advertising the City, all pursuant to the Government Code of the State of California, and WHEREAS, it has been found by said City that the annual Maytime Band Review will publicize and advertise said City, the City Council does further find and does hereby determine that the expenditure of the sum of $13,000 for the conducting of the Maytime Band Review is proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with the Maytime Band Review Corporation to direct and sponsor the 2003 Maytime Band Review. Said Agreement is on file in the Office of the City Clerk. PASSED AND ADOPTED this 18th Day of March, 2003. Nick lnzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney NATIONAL CITY. CALIFORNIA Phone: (619) 477-9339 (619) 475-6124 Fax: (619)475-6124 February 20, 2003 Mr. Tom McCabe, City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Tom: P.O. Box 1298 National City, CA 91951 Enclosed is our City Advertising Contract for 2002-2003 in accordance with the budgeted amount for the 2003 Maytime Band Review. As stated in the contract, we will bill the City in three installments after the contract is officially adopted by the City council. The 56th Annual Maytime Band Review will take place on Saturday, May 3, 2003. Respectfully submitted, Edith A. Hughes Executive Director CONTRACT BETWEEN CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW CORPORATION THIS AGREEMENT, entered into this _ day of , 2003 by and between the City of National City, California, a municipal corporation in the County of San Diego, State of California, hereinafter designated as "CITY" and Maytime Band Review Corporation, a California corporation, hereinafter designated as 'ADVERTISER". WITNESSETH WHEREAS, ADVERTISER has special experience and knowledge in directing and sponsoring the Annual Maytime Band Review for the City of National City, and WHEREAS, it is the desire of the CITY to employ said Maytime Band Review Corporation as its agent for the purpose of advertising the City, all pursuant to the Government Code of the State of California, and WHEREAS, it has been found by said City that the annual Maytime Band Review will publicize and advertise said City, the City Council does further find and does hereby determine that the expenditure of the sum of $13,000.00 for the conducting of the Maytime Band Review is proper for the purpose hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. That the CITY hereby agrees to pay ADVERTISER the sum of $13,000.00 (thirteen thousand dollars) subject to the terms, conditions and restrictions imposed by the agreement; 2. CITY agrees to pay ADVERTISER, said sum in three installments of $4,333.33 on or before March 1, and April 1, and $4,333.34 on May 1. All such sums paid to be substantiated by itemized statement of monies actually spent or liabilities incurred; 3. That said sum includes funds required by ADVERTISER to furnish necessary insurance for the Maytime Band Review and for the CITY'S ad in -the souvenir program; 4. That the term of this agreement shall expire on June 30, 2003; 5. That it is hereby mutually agreed that no part of any money paid by the CITY to ADVERTISER shall ever by used to pay any part of the salaries of its officers; 6. That the ADVERTISER will have full control and authority in producing and putting on the Maytime Band Review. The CITY shall review and approve all parade routes and shall separately authorize any auxiliary use of City facilities such as parks, buildings, or other public property; 7. It is distinctly understood and agreed that the entire sum paid ADVERTISER by CITY pursuant to this agreement shall actually be paid out by ADVERTISER for the sole purpose of conducting the activities in promoting and producing the Maytime Band Review; 8. That additional monies received from sale of souvenir program, concessions and bleachers over and above the cost of putting on the Maytime Band Review may be retained by the Maytime Band Review Corporation; 9. The ADVERTISER agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the ADVERTISER's performance of this Agreement. IN WITNESS WHEREOF, said CITY has caused this agreement to be executed by its Mayor and attested by its City Clerk and ADVERTISER has caused thisagreement to be executed by its President and its Secretary thereto duly authorized, the day and year in this instrument first written. — Signature Page to Follow- 2 Maytime Band Review Agreement (Signature Page) ATTEST: CITY OF NATIONAL CITY A Municipal Corporation City Clerk By: Mayor MAYTIME BAND REVIEW CORPORATION A California Corporation ByC-- Anne Campbell, Preside By*a *1 Louise Martin, Secretary Mailing address: P.O. Box 1298 National City, CA 91951 3 City of National City, California COUNCIL AGENDA STATEMENT ,fEETING DATE March 18, 2003 AGENDA ITEM NO. 3 (-ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY ACCEPTING THE WORK, APPROVING THE FINAL CONTRACT BALANCE CHANGE ORDER, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIFICATION NO. 02-03. PREPARED Y Din Daneshfar DEPARTMENT Public Works/Engineering 336-4387 EXPLANATION On September 03, 2002, by Resolution No. 2002-139, the City Council awarded a contract to Scheidel Contracting and Engineering, Inc. for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 02-03. Based upon the estimated bid quantities, the total bid cost for the project was $388,915.00. During the construction phase, certain bid quantities were adjusted to reflect the actual measured improvements in the field. As the result of the adjusted quantities, the contract amount was decreased in the total amount of $9,517.42. The adjusted quantities (highlighted) are further detailed in the attached Final Contract Balance. The purpose of the Final Contract Balance is to finalize the contract quantities and construction completion time, and to address the adjusted work. On February 03, 2003, a final inspection was conducted and the work was found to be in accordance with the approved plans and specifications. The total original contract amount for the construction is decreased in the amount of $9,517.42 with a final cost at $379,397.58. Environmental Review X N/A (Financial Statement The final total construction cost is $379,397.58Approved By: This amount is within the estimated budget for the project in Resolution 2002-139. Funding is avraYlWISre f fd9igh Account No.109-409-500-598-6137, and 301-409-500-598-6137. The amount of the final payment (10% retention) is $37,939.75, which will be due following the recording of project acceptance. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Below ) Resolution No. 2003-33 1. Resolution 2. Final Contract Balance Change Order 4. Notice Of Completion A-200 19•99) RESOLUTION NO. 2003 — 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL CONTRACT BALANCE CHANGE ORDER, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS WITHIN THE CITY (Engineering Specification No. 02-03) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by SCHEIDEL CONTRACTING AND ENGINEERING, INC., Engineering Specification No. 02-03, for the miscellaneous concrete improvements at various locations within the City, has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that the Final Contract Balance Change Order is hereby approved. PASSED AND ADOPTED this 18th Day of March, 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: vJ�i�te� George H. Eiser, III City Attorney Nal101 LG1'iYENG1NEER G193364397 03/10/03 10:0Sam P. 002 FINAL CONTRACT BALANCE SHEET Page 1 of 2 MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 02-03. PROJECT NO.: 6137 BID ITEMS FINAL INSPECTION DATE: 2/3/03 COMPLETION DATE: 3/18/03 NO ITEM QUAN- TITY UNIT UNIT PRICE ORIGINAL AMOUNT FINAL QUAN- TITY FINAL AMOUNT 1. Clearing and Grubbing 1 LS $52,665.00 $52,665.00 1 $52,665.00 2. Concrete Sidewalk Removal and Replacement per G-7 7808 SF $6.00 $46,848.00 7808 $46,848.00 3. Installation of Pedestrian Ramp Per G-28, Type A-1 or Modified 34 EA $1,000.00 $34,000.00 34 $34,000.00 4. Installation of Pedestrian Ramp Per G-29 or Modified 20 EA $1,200.00 $24,000.00 20 $24,000.00 5. Installation of Pedestrian Ramp Per G-31 or Modified (with curb or gravity wall on PL) 27 EA $1,200.00 $32,400.00 27 $32,400.00 6. 6" or 8" Type "G" Curb and Gutter Removal and Replacement Per G-2 981 LF $20.00 $19,620.00 981 $19,620.00 7. Variable Thickness A.C. 141 TN $100.00 $14,100.00 79.4 $7,940.00 8_ Traffic Control 1 LS $10,000.00 $10,000.00 1 $10,000.00 9. Installation of Nov Sidewalk per G-7 41,100 SF $2.75 $113,025.00 40,799.12 $112,197.58 10. Crushed Misc. Base 70 TN $70.00 $4,900.00 0 $0.00 11.. Unclassified Excavation and Fill 30 TN $50.00 $1,500.00 20 $1,000.00 12. Installation of Concrete Driveway per G-14A/B 3757 SF $5.00 $18,785.00 3955 $19,775.00 13. Installation of New Curb & Gutter 492 LF $16.00 $7,872.00 492 $7,872.00 14. Retaining Wall 230 SF $40.00 $9,200.00 277 $11,080.00 TOTAL $388,915.00 $379,397.58 NATIONALCITYENGINEER 6193264397 02/10/03 10:09am P. 003 FINAL CONTRACT BALANCE SHEET Page 2 of 2 MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 02-03 FINAL INSPECTION DATE: 2/3/03 PROJECT NO.: 6137 COMPLETION DATE: 3/18/03 The total contract price for the bid to date is $379,397.58. The total time provided for completion in the contract is changed from 60 working days to 68 working days. The Contractor accepts this Final Contract Balance as full compensation for the work. Recs :ed for Approval by: in Daneshfar, City Project ager A'pprayed by: Carolyn E, hidel President/Tre u et Burton S. Myers Director of Public Works /City Engineer Date Date City of National City Resolution Number Date RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on March 18, 2003, of the CONCRETE IMPROVEMENT PROJECT, SPECIFICATION NO. 02-3 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at various locations in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Public Right -of -Way Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with SCHEIDEL CONTRACTING AND ENGINEERING, INC. Name of Original Contractor The following work and material were supplied: Concrete Improvement General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: NLA Joint tenants, tenants in common, or other owners Dated: , 2003; Signature of Owner , Nick Inzunza, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2003, at , California. Signature: NICK INZUNZA, MAYOR FORMS/NOC-R City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE MARCH 18, 2003 4 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION DESIGNATING RESIDENTIAL PERMIT PARKING DISTRICT "I" AND AUTHORIZING ISSUING PERMITS AND THE POSTING OF SIGNS PREPARED BY EXPLANATION Adam J. Landa 336-4380 DEPARTMENT Engineering At the March 4, 2003 City Council Meeting, Council determined the District Boundaries as shown on Exhibit "A". The permit parking program will be in effect Monday through Friday, 7:00 a.m. to 7:00 p.m. The Resolution is for the designating of Residential Permit Parking District "I", authorizing the issuing of permits, and posting of signs within the new parking district. Environmental Review x NSA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION R N/A COMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution 2. Exhibit "A" Resolution No. 2003-34 A -zoo )9 a9) nisi RESOLUTION NO. 2003 — 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING RESIDENTIAL PERMIT PARKING DISTRICT "I", ESTABLISHING PROHIBITED PARKING, AUTHORIZING PERMITS AND POSTING OF SIGNS WHEREAS, the City Council established a Residential Permit Parking Program by Resolution No. 14,356; and WHEREAS, the City Council, by Resolution No. 14,357 adopted a policy for regulating said Program; and WHEREAS, Silva Lopez, a resident of 2427 "A" Avenue, has requested the formation of a Residential Parking District on "A" Avenue between 24th and 25th Streets; and WHEREAS, on January 8, 2003, the Traffic Safety Committee recommended the formation of a new parking district as requested; and WHEREAS, at its regular meeting of March 4, 2003, the City Council held a public hearing in order to consider the formation of Residential Permit Parking District "I", and at that time received and considered oral and documentary evidence regarding the matter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City that the boundaries of Residential Permit Parking District "I" be established as per the map attached hereto as Exhibit "A". BE IT FURTHER RESOLVED that parking be prohibited for all vehicles between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, except those vehicles displaying either an "Area I" residential parking permit or 'a handicapped license plate. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to issue, upon written application, parking permits, as per Section 6 of aforesaid Residential Permit Parking Program Policy. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to post appropriate signs indicating the residential permit parking area. -- Signature Page to Follow -- Resolution No. 2003 — 34 March 18, 2003 Page Two PASSED AND ADOPTED this 18th Day of March, 2003. Nick lnzunza, Mayor ATTEST: APPROVED AS TO ifs.. Michael R. Dalla, City Clerk George H. Eiser, Ill City Attorney (NATIONAL 24th 25th ST. a STREET STREET D NEW PARK/NG' D/STR4 7-BO NDAR/ES z LIft M MONDAY THROUG1 FRID7'�O0AM l'0 7:00P Q 26th 27th Li SIRE z w ci fxgr8rr "A" EETING DATE City of National City, California COUNCIL AGENDA STATEMENT MARCH 18, 2003 AGENDA ITEM NO. 5 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO AMEND THE AGREEMENT WITH SCHMIDT DESIGN GROUP TO PROVIDE ADDITIONAL SERVICES REQUIRED TO FINALIZED BID DOCUMENTS FOR PARADISE CREEK EDUCATIONAL PARK PREPARED BY Michael Long DEPARTMENT Engineering 336-4380 EXPLANATION City Council approved a contract agreement between the City and Schmidt Design Group on October 15, 2002 for an amount of $104,830.00. This amendment will increase Schmidt Design Group's fee by $14,260.00 from $104,830.00 to $119,090.00. Additional services are required to coordinate with Geocon Consultants, Inc. to delineate areas of concern relative to quantities of soil to be removed from the site, provide cost estimates, develop Best Management Practices (BMP's), prepare a Remedial Action Plan, revise construction and grading plans, coordinate submittals to participate in the County of San Diego Department of Environmental Health Voluntary Assistance Program (VAP) and any fees that are required for this review, and attend additional meetings with the City and Geocon. See attached contract amendment with Exhibit "A" for a detailed description of the scope of services and summary of fees. Environmental Review x N/A Financial Statement This amendment increases d the contract amount to $119,090.00 which is aiApe aPbleyrom Account No. 348-409-500-598-4113. Finance Di cto Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } 1. Resolution 2. Amendment Resolution No. 2003-35 Creek A-20019.991 RESOLUTION NO. 2003 - 35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP TO PROVIDE ADDITIONAL SERVICES REQUIRED TO FINALIZE BID DOCUMENTS FOR PARADISE CREEK EDUCATIONAL PARK WHEREAS, the City of National City and Schmidt Design Group entered into an agreement dated July 13, 1993, for landscape and design services for the Paradise Creek Educational Park; and WHEREAS, the parties desire to amend the agreement to extend the services for additional fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Agreement with Schmidt Design Group for landscape and design services for Paradise Creek Education Park. Said Amendment is on file in the Office of the City Clerk. PASSED AND ADOPTED this 18th Day of March, 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: a' George H. Eiser, Ill City Attorney Nick Inzunza, Mayor Mar 12 03 01:02p Schmidt Design Group 619 238 8792 p.2 AMENDMENT TO AGREEMENT FOR THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP THE parties to this Second Amendment to Agreement SCHIDT DESIGN GROUP, hereinafter called "Contractor", and the CITY OF NATIONAL CITY, a municipal corporation, herein called "City". RECITALS WHEREAS, Contractor and City are parties to an agreement dated July 27, 1999 for consultant services; and WHEREAS, the parties desire to amend the agreement to extend the services for additional services and fees as stated in the attached letter; and. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. That the agreement between the CITY OF NATIONAL CITY and SCHMIDT DESIGN GROUP, dated October 15, 2002, is hereby amended by amending the scope of services thereof, as set forth in the attached Exhibit "A". All other terms, covennats and conditions contained in the original agreement shall remain in full force and effect and shall be applicable to this amendment. Dated: , 2003 CITY OF NATIONAL CITY Nicholas Inzunza Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney SCHMIDT DESIGN GROUP (Title) Revised 5/2001 Mar 12 03 10:55a Schmidt Design Group 619 236 8792 p.2 March 11, 2003 Mr. Steve Kirkpatrick Engineering Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Regarding: Paradise Creek Educational Park Phase I Additional Services -Remedial Action Plan (SDG# 99-412.04) Dear Mr. Kirkpatrick: Thank you for the opportunity to provide the following fee proposal for additional services required to prepare a Remedial Action Plan for the construction of Paradise Creek Park. The following scope of work and fee proposal reflects our understanding of services to be rendered for the accomplishment of this service. Scope of Work and Fee Proposal A. Remedial Action Plan (hourly, not to exceed) 1. Coordinate with Geocon Consultants, Inc. to delineate areas of concern relative to quantities of soil to be removed from the Site. These areas of concern will be used to quantify three possible soil excavation scenarios: a. Removal of soil in accordance with existing site grading plans. b. Removal of soil in accordance with existing site grading plans and over excavating the Site to accommodate placement of clean fill material as a cap. Depth of over excavation will be determined in consultation from Geocon. Two options for depth and extent of over excavation will be developed for cost -comparison purposes. 2. Provide cost estimates for the above -listed options and provide a recommendation for which option to utilize for construction, Geocon will assist in this effort. 3. Develop Best Management Practices (BMPs) to be used during construction activities in accordance with applicable regulations and laws. Geocon will assist in this effort. 4. Prepare a Remedial Action Plan that will describe the most cost-effective soil excavation scenario. The plan will be incorporated into the bid package for construction purposes. SCHMIDT DESIGN GROUP, INC. 7535 F AF r NNE SAE CIEGG CALIFORDIA-+_'03 GniILI 230-1.IE2 'AX1St".f23E-D7O2 Mar 12 03 10:55a Schmidt Design Group 616 236 8792 p•3 Paradise Creek Educational Park Additional Services -Remedial Action Plan -REVISED Page 2 March 11, 2003 5. Revise construction and grading plans as necessary to incorporate the information determined to be relevant to the construction of the park. Total service fee, item A: $10,560.00 Schmidt Design Group (hourly, not to exceed) $5,500.00 Geocon Consultants, Inc. (Includes 15% mark-up) $5,060.00 B. County Voluntary Assistance Program 1. Coordinate submittal to participate in the County of San Diego Department of Environmental Health Voluntary Assistance Program (VAP). This will provide a third -party review of the project, including all documentation of the project completed at this time. Geocon will assist in this effort. 2. The County requires a $200 deposit to begin the review process and then charges $100/hour of staff time for review of project documentation, data, and reports. We estimate 10 hours of staff time will be needed and additional fees will be required if additional review time is required by the County. 3. The process will result in a `closure letter' or `concurrence' letter if the information provided demonstrates that human health, water resources and the environment are adequately protected. Total service fee, item B: $1,000.00 Voluntary Assistance Program (estimate only, $1,000.00 $200 Minimum for deposit purposes) C. Meetings 1. We estimate that two meetings with Geocon and two meetings with the City will be necessary to accomplish this task. Total service fee, item C: $1,700.00 Schmidt Design Group $1,700.00 D. Reimbursables Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of 1 hour will be charged for any site visit. No more than 8 hours of travel time will be charged in any one -day. Subsistence will be charged when it is necessary for personnel to be away from the office overnight. $ HMIOT OE6I9N OHOUP, IE. Mar 12 03 10:56a Schmidt Design Group 619 236 8792 p.4 Paradise Creek Educational Park Additional Services -Remedial Action Plan -REVISED Page 3 March II, 2003 Vehicular use for travel in the interest of the client: .365/mile Reproduction printing costs, film and film developing, delivery service fees, soils testing: Schmidt Design Group, Inc. cost is marked up by a factor of 1.15. Total service fee, item D: S1,000.00 Reimbursables (estimate only) $1,000.00 Timeline: We estimate that the work will be completed within approximately twelve weeks of authorization to proceed. Summary of Fees A. Remedial Action Plan (hourly, not to exceed) D. Voluntary Assistance Program(estimate only) C. Meetings D. Reimbursibles (estimate only) $10,560.00 S1,000.00 S1,700.00 S1,000.00 GRAND TOTAL $14,260.00 ALL TERMS AND CONDITIONS OF OUR ORIGINAL AGGREMENT DATED October 3, 2001 WILL APPLY TO THESE ADDITIONAL SERVICES. Thank you for your consideration. We look forward to continuing our work with you on this exciting project. Very truly yours. Glen chmidt, ASLA President, Schmidt Design Group, Inc. GS/db SCHMIDT DESIO GROUP,, In. AGREED AND ACCEP I'ED Steve Kirkpatrick City of National City Dated: .MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 18, 2003 AGENDA ITEM NO. 6 (-ITEM TITLE RESOLUTION ACCEPTING THE AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 GRANT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT PREPARED BY EXPLANATION Stephen Kirkpatrick 336-4580 See attached explanation DEPARTMENT Public Works/Engineering 1 Environmental Review N/A Financial Statement See attached explanation Approved By, ! " nance Dire Account No. STAFF RECOMMENDATION Adopt the Resolution acce ing t agreement and authorize the Mayor to sign it. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. 2003-36 1. Resolution 2. Agreement A-200 19 99) 7" Explanation: The City was successful in applying for and receiving a grant for $11,112,814 from the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 for the design and construction of a new municipal library. The voters of National City also approved a ballot measure for a General Obligation Bond for $6,000,000 on the March 5, 2002 ballot to fund the City's obligatory share of the design and construction costs in accordance with the State grant terms. The attached Resolution accepts the official agreement with the State necessary for the receipt of the State Grant funds and authorizes the Mayor to sign the agreement on behalf of the City. In summary the agreement commits the City to follow the rules and regulations of the Grant, to adhere to all Federal, State, and Local consulting services contract law, to adhere to all Federal, State, and Local public construction and material acquisition law, to adhere to all State and Local Building Codes, and to construct the library as described in the Grant application prepared by the City. In order to assure this occurs, the agreement also authorizes the State to review the plans during preparation and audit the project books as often as they see fit. The right to audit will extend for five years after the completion of the project. The agreement also defines how the Grant funds will be distributed. This is a reimbursement type Grant. Funds will be expended during the project in accordance with the eligible expense categories defined in the Grant and the City's application. The State will then reimburse 65% of all the eligible expenditures. The actual final reimbursement will be based upon the final cost of the library, but in no circumstances will it exceed $11,1112,814, 65% of the total anticipated library cost. Financial Statement: The total cost of the library project is estimated to cost approximately $17,112,814, not including library relocation or City staff project administration costs. The funding of these costs is from a grant received from the Office of the State Library ($11,112,814) and the sale of General Obligation Bonds ($6,000,000). The grants funds will be reimbursed to the City based upon payments made during the project. RESOLUTION NO. 2003 - 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA STATE LIBRARY FOR A LIBRARY GRANT WHEREAS, as authorized by the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000, with the approval of the California Public Library Construction and Renovation Board, the State has granted the City of National City the sum of $11,112,814 for the purpose of constructing a new public library. WHEREAS, in order to receive the grant funds, it is necessary for the City to enter into a Grant Agreement with the California State Library. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Grant Agreement between the California State Library and the City of National City. Said Agreement is on file in the Office of the City Clerk. PASSED AND ADOPTED this 18th Day of March, 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 18, 2003 AGENDA ITEM NO. 7 J ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CBIZ ACCOUNTING, TAX AND ADVISORY OF ORANGE COUNTY, INC. TO PROVIDE AND IMPLEMENT NEW GASB 34 CONSULTING SERVICES. PREPARED BY Alison Hunte DEPARTMENT Finance (619) 336-4330/4332 EXPLANATION The City of National City is entering into an Agreement for consulting services related to implementing Phase II provisions of Governmental Accounting Standards Board Statement No. 34 (GASB 34). The City has selected a qualified firm to provide implementation services (i.e. policies, procedures and accounting methodologies) that will enable the City to be GASB-34 complaint for the fiscal year ending June 30, 2003. Background Information on GASB Statement No. 34 In June 1999, the GASB issued Statement No. 34 Basic Financial Statements and Management's Discussion Analysis for State and Local Governments. This Statement establishes new financial reporting requirements for state and local Governments throughout the United States. The effects of GASB 34 are far reaching and will require significant effort to implement. We have completed Phase I the valuation of processes, procedures and methodologies to comply with the new financial reporting requirements starting with the current fiscal year. Environmental Review N/A (-Financial Statement pp Estimated and current budgeted project cost has been alilgcateg By, from the General Fund at a cost of $18,098. STAFF RECOMMENDATION Approve the Agreement. BOARD / COMMISSIO RECO ENDATION ATTACHMENTS ( Listed Below j 1. Agreement 2. Resolution Account No. 125 -4044 -0 4a -213 -0.00 a Resolution No„ 2003-37 A-2C0 (9 99) RESOLUTION NO. 2003 — 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CBIZ ACCOUNTING, TAX & ADVISORY OF ORANGE COUNTY, INC. TO PROVIDE AND IMPLEMENT ,NEW GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 34 CONSULTING SERVICES WHEREAS, the City desires to employ a consultant to provide assistance and training with respect to pre -year end planning and preparation for the implementation of Governmental Accounting Standards Board ("GASB") No. 34 as it pertains to the maintenance of accounting records; and WHEREAS, it has been determined that CBIZ Accounting, Tax & Advisory of Orange County, Inc., is a Certified Public Accounting Firm and is qualified by experience and ability to perform the services desired by the City, and Conrad Business Services, Inc., is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with CBIZ Accounting, Tax & Advisory of Orange County, Inc., to provide assistance and training with respect to pre -year end planning and preparation for the implementation of GASB No. 34 as it pertains to the maintenance of accounting records. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 18th Day of March, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Ifir George I-f. Eiser, Ill City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CBIZ ACCOUNTING, TAX & ADVISORY OF ORANGE COUNTY, INC. THIS AGREEMENT is entered into this day of 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CBIZ ACCOUNTING, TAX & ADVISORY OF ORANGE COUNTY, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide assistance and training with respect to pre -year end planning and preparation for the implementation of GASB No. 34 as it pertains to the maintenance of accounting records. WHEREAS, the CITY has deteiuiined that the CONTRACTOR is a California Corporation and isqualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. Revised 5/2001 3. PROJECT COORDINATION AND SUPERVISION. Alison Hunter hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Ken Al -Imam thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (S 18,098) without prior written authorization from the Finance Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY.. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this. Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall,' upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Revised 5/200I Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature_ that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the 3 Revised 5/2001 term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmaental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall notdisclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the 4 Revised 5/200I services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 'of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and 'property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. 5 Revised 5/2001 C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a,suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, 6 Revised 5/2001 or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effectivedate of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the. earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, Revised 5/2001 direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Torn G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Ken Al -Imam CBIZ Accounting, Tax & Advisory of Orange County, Inc. 1100 Main Street, Suite C Irvine, California 92614 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal -to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. E If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 8 Revised 5/2001 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and deliveryof this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The. Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns.. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the 9 Revised 5/2001 drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CBIZ Accounting, Tax & Advisory of Orange County, Inc. By: By: ��� ►� Vick Inzunza, Mayor en Al -Imam APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Vice -President Ronald L. Conrad President 10 Revised 5/2001 EXHIBIT A 9:00 A.M. Meeting on April 2, 2003 (with Ms. Hunt Ms. Matienzo, and staff) City of National City GASB 34 Implementation - Financial Statement Issues Scope of Work Conrad Manager trains Conrad personnel and City staff in the following GASB 34 preparation activities: Training regarding the classification of City revenues as program or general er, Classification of Fund Balances as Restricted or Unrestricted by Conrad personnel (for both City and RDA financial statements) Provides direction to City personnel to set up depreciation computation schedules for general fixed assets (furniture, equipment, buildings, etc.) to be organized by department Provides direction to City personnel in the establishment of useful lives Meeting with public works for classification of 2002-03 public works projects as either maintenance projects or as improvement/refurbishment projects Determination of infrastructure approach (depreciation or modified) Discussion of new accounting rules for interfund reimbursements Consider reclassification of fiduciary funds as special revenue funds, where appropriate Discussion of negative equity relating to RDA indebtedness in City and RDA government -wide financial statements Discussion of options relating to other component units (check with bond counsel, etc.) Recommendation to not include prior year column in first GASB 34 CAFR Discuss identifying developer constructed assets as capital contributions Discussion and analysis of deferred revenue Estimated Partner Hours Estimated Estimated Total Manager Senior Estimated Hours Hours Hours 0.5 2 2 4.5 0.5 4 4 8.5 0.5 0.5 0.5 1.5 0.5 0.5 0.5 1.5 0.5 1 1 2.5 0.5 0.5 0.5 1.5 0.5 0.5 0.5 1.5 0.5 0.5 0.5 1.5 0.5 0.5 0.5 1.5 0.5 0.5 0.5 1.5 0.5 0.5 1 0.5 0.5 0.5 1.5 0.5 0.5 0.5 1.5 City of National City GASH 34 Implementation - Financial Statement Issues Scope of Work (continued) Estimated Estimated Estimated Total Partner Manager Senior Estimated Hours Hours Hours Hours April 3 thru Conrad staffing assists in the following preparation activities: Apr. 24, 2003 Classification of City revenues as program or general (for both City and RDA) with assistance from the City 0.5 2 24 26.5 Preliminary determination of major funds (for both City and RDA) 0.5 4 4.5 Preparation of preliminary conversion worksheet and conversion entries (for both City and RDA) 0.5 5 31.5 37 Changing the format of CAFR excel schedules to conform to GASB 34 (for both City and RDA) 0.5 5 25 30.5 Setting up the note disclosures required by GASH 34 (for both City and RDA) 0.5 5 12 17.5 Setting up the MD&A format for final preparation by client at year end (for both City and RDA) 0.5 4 8 12.5 Preparation of entries to record RDA advances as fund liabilities 0.5 3 4 7.5 Preliminary computation of net assets invested in capital assets, net of related debt (and preparation of related footnote) (for both City and RDA) 0.5 4 4 8.5 April 24, 2003 Go over with City Finance staffing the results of our GASB 34 preparatory work so that City staffing can update these materials at year end. 0.5 8 8 16.5 Total estimated hours 10 48.5 132.5 191 Rate per hour $150 $110 $85 Total estimated cost of labor $1,500 $5,335 $11,263 $18,098 Iv City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE MARCH 18, 2003 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A USER AGREEMENT WITH RICOCHET NETWORKS INC. TO USE THE POLETOP RADIO TRANSCEIVERS, THAT ALREADY EXIST IN THE CITY'S PUBLIC RIGHT-OF-WAY PREPARED BY EXPLANATION Michael Long 336-4380 DEPARTMENT SEE ATTACHED EXPLANATION Engineering Environmental Review x N/A Financial Statement The services that Ricochet Proved By: Networks, Inc. is offering are free of charge to FinanceDirector the City, in exchange for the use of the existing poletop radio transceivers. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No, 2003-38 1. Resolution 2. Attachment permit and wap site use agreement Exhibit "A" 3. Appendix A A-200 (999) RICO EXPLANATION: On April 6, 1999 the City of National City adopted Resolution No. 99- 39 authorizing the Mayor to execute a franchise agreement with Metricom, Inc. to install poletop radio transceivers in the City's public right-of-way. On July 2, 2001 Metricom, Inc. filed for bankruptcy and as of October 29, 2001 the court approved a rejection of all leases and executory contracts and authorized the abandonment of the Metricom radios. (RNI) Ricochet Networks purchased the intellectual property necessary to operate the abandoned and currently City owned radios. RNI has offered the City forty (40) Ricochet modems and an equal number of Ricochet Basic Service subscriptions in exchange for the right to use the poletop radio transceivers that are located on City property and for the right to install and operate new radios within the public right-of-way or on other City property. In addition to this, RNI is willing to contribute up to fifty percent (500), not to exceed $4,400.00, of the cost associated with upgrading police vehicles laptops to Windows 2000 software. This will allow National City's police cruisers real time high speed connectivity to not only the internet but to access state and federal law enforcement data bases. Having modems in the vehicles will also provide on duty officers enhanced information search capabilities, allow them to check and send e-mail from the field, and submit and file reports without returning to the station. These services and upgrades will provide a significantly more cost effective and efficient public safety service for the City. The Public Works/Engineering Department has conferred with MIS and the Police Department who believe that these services will benefit the City greatly and support the adoption of this agreement. Furthermore, the City is eligible to participate in the Ricochet Government Volume Discount Program. The prices, terms and conditions of the Ricochet Government Volume Discount Program are shown in Appendix A. RESOLUTION NO. 2003 — 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ATTACHMENT PERMIT AND WAP SITE USE AGREEMENT WITH RICOCHET NETWORKS, INC. FOR THE PLACEMENT OF RADIOS ON FACILITIES LOCATED IN THE PUBLIC RIGHT-OF-WAY WHEREAS, Ricochet Networks, Inc. ("RNI") is in the business of constructing, maintaining, and operating a wireless digital data telecommunications radio network known as the Ricochet Network, a network operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing radios and related equipment certified by the Federal Communications Commission; and WHEREAS, RNI wishes to locate, place, attach, install, operate, and maintain radios on facilities owned by the City, as well as facilities owned by third parties, located in the public right-of-way ("Public Way") for purposes of operating Ricochet; and WHEREAS, City is willing to allow placement by RNI of radios on facilities located in the public right-of-way, subject to the terms and conditions of a written agreement between the City and RNI. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute an Attachment Permit and WAP Site Use Agreement with Ricochet Networks, Inc. for the placement by RNI of radios on facilities located in the public right-of-way. Said Attachment Permit and WAP Site Use Agreement is on file in the Office of the City Clerk. PASSED AND ADOPTED this 18th Day of March, 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 14.1 George H. Eiser, III City Attorney At Nick Inzunza, Mayor Miriam Sanders Miller Regional Real Estate Director Phone: 301.263.9193 Fax: 301.263.9194 mmillerterirnrhet rnm ncph-speed acre -free interne[ March 3, 2003 RICOCHET NETWORKS. tNC. 1400 GLENARM PLACE DENVER, CO 80202 303 572 1200 telep❑one 303 572 1300 fax Bernard Yeo Information Systems Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Yeo: Ricochet Networks Inc. ("RNI") is pleased to provide you with a revised version of the Attachment Permit and WAP Site Use Agreement for the City of National City (the "City"). Previously we offered the City twenty-two (22) modems in exchange for the right to use the public way and the pole top radios that were located on City -owned property. However, RNI is willing to increase the number of free modems and service subscriptions available to the City to thirty (30) based on the City's representations that it will expedite the approval process for the agreement in an effort to meet RNI's goal to have the agreement in full effect and the ability to begin offering service by March 31, 2003. The revised agreement increases the number of modems and Basic Service subscriptions RNI will provide to the City to forty (40) service units. In addition, it is our understanding that the City's use of Ricochet service in National City's police vehicles will be greatly enhanced if the laptops used in those vehicles are upgraded to run on Windows 2000 software. Therefore, as a contribution toward the enhancement of public safety services in the City, RNI is willing to share the cost of such an upgrade with the City. RNI will contribute up to fifty percent (50%) of the actual costs expended by the City, but not to exceed $4,400.00, toward the purchase of Windows 2000 software for installation on up to forty (40) police laptops. RNI's proposed contribution is conditioned upon the full execution of the Attachment Permit and WAP Site Use Agreement by and between RNI and the City so that it is effective by March 31, 2003, thereby giving RNI the ability to begin offering service in the City by that date. RNI's contribution will be paid to the City as a one- time payment, such payment to be made within thirty (30) days following RNI's receipt of documentation of the City's expenditure. Mar. 12 2003 4:03PM M.MILLER-RICOCHET Mfp-spee6 rare -free inggraei 3012639194 Miriam Sanders Miller Regional Real Estate Director Phone: 30L263.9193Fax: lrer®rlcochetcom RICOCHET NETWORKS, INC. 1400 GtENA11A ElAGE DENVF.R, CO 30202 303 S72 1200 ieta9htln0 303 372 1300 fax .. �x.sip�znet.eae. Mr. Bernard Yea March 3, 2003 Page two Finally, please note that Section 9 of the agreement has been revised to address the City's stated concerns about its ability to assure continued use of Ricochet technology for mission critical services. It is our hope that this proposal addresses the needs expressed by the City, will facilitate an expedited approval of the agreement, and will provide a sound and fair foundation for Ricochet service to be re -launched in National City. Please let us know if we may answer any questions. Sincerely, Miriam Sanders Miller, Director, Real Estate - Ricochet Networks Inc. Donald B. Ochoa, President - NetHere, Ricochet Division Attachment cc: Michael J. Long, Associate Civil Engineer City of National City P.3 ATTACHMENT PERMIT AND WAP SITE USE AGREEMENT THIS ATTACHMENT PERMIT AND WAP SITE USE AGREEMENT (the "Permit") is dated as of March 18, 2003, and entered into by and between the CITY OF NATIONAL CITY, a California municipal corporation (the "City"), and RICOCHET NETWORKS, INC., a Delaware corporation ("RNI"). Recitals A. RNI is in the business of constructing, maintaining, and operating a wireless digital data telecommunications radio network known as the Ricochet Network, a network operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios (as defined in § 1.14 below) and related equipment certified by the Federal Communications Commission. B. Subject to reasonable municipal regulations concerning the time, location, manner of attachment, installation, fees, and maintenance of its facilities, RNI has the right under federal and California law to use Ricochet® Radios in the Public Way. C In order to deploy its radios, Metricom entered into a Franchise Agreement with the City of National City. D. In proceedings in the United States Bankruptcy Court, Northern District of California, San Jose Division, Case No. 01-53291-ASW (Weissbrodt, J.), Metricom abandoned Pole Top Radio ("PTR") equipment. E. In the Metricom bankruptcy proceedings, RNI purchased the intellectual property necessary to operate the abandoned Radios. F. RNI wishes to locate, place, attach, install, operate, and maintain Radios on facilities owned by the City, as well as facilities owned by third parties, located in the Public Way for purposes of operating Ricochet®. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1. Definitions. The following definitions shall apply generally to the provisions of this Permit: 1.1 Agency. "Agency" means any governmental or quasi -governmental agency other than the City, including the FCC and the PUC (as such terms are defined in §§ 1.4 and 1.7 below). 1.2 Basic Service. "Basic Service" means the RNI service bundle that includes unlimited Ricochet Service in the local coverage area, Internet access, and Tier II customer service. The Basic Service bundle does not include email, dial plan, or personal web space. 1.3 City. "City" means the City of National City. 1.4 Effective Date. "Effective Date" means the latest to occur of (a) the date on which this Permit, as finally approved by the City Council of National City, is executed by the City and delivered to RNI; or (b) the date on which all permits required hereunder for deployment of the Radios are issued by the City. 1.5 FCC. "FCC" means the Federal Communications Commission. 1.6 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax or levy of general application to Persons doing business in the City lawfully imposed by any governmental body. 1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Permit, in effect either at the time of execution of this Permit or at any time during the presence of Radios in the Public Way. 1.8 New. "New" means not currently installed. 1.9 PUC. "PUC" means the California Public Utilities Commission. 1.10 Permit. "Permit" means this nonexclusive Attachment Permit Agreement and may also refer to the associated right to encroach upon the Public Way conferred hereunder. 1.11 Person. "Person" means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. 1.12 Provision. "Provision" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term, or other stipulation in this Permit that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Permit. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. 1.13 Public Way. "Public Way" means in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements as the same now or may hereafter exist that are under the jurisdiction of the City. This term shall not include any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency. 1.14 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be operated by RNI hereunder. 1.15 Ricochet®. "Ricochet®" or "Ricochet® MCDN" means Ricochet® MicroCellular Digital Network, a wireless, microcellular digital radio communications network owned and operated by RNI. 1.16 RN1. "RNI" means Ricochet Networks, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.17 Services. "Services" means the wireless digital telecommunications services provided through Ricochet by RNI to subscribers with billing addresses within the City. 1.18 Tier 11 Customer Service. "Tier II Customer Service" means support services on a technical representative to technical representative basis from 7:30 a.m. through 7:30 p.m. Mountain Time, Monday through Friday. 1.19 WAP. "WAP" means wired access point. 2. Term. The term of this Permit shall commence on the Effective Date and shall expire on the date which completes five (5) years after the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Permit shall be renewed automatically for four (4) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless either party notifies the other of its intention not to renew no less than sixty (60) calendar days prior to commencement of the relevant renewal term. 3. Scope of Permit. 3.1 Rights Granted — Limitation, Any and all rights expressly granted to RNI under this Permit, which shall be exercised at RNI's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Way exclusively or concurrently with any other Person or Persons and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title which may affect the 2 Public Way. Nothing in this Permit shall be deemed to grant, convey, create, or vest in RNI a perpetual real property interest in land, including any fee, leasehold interest, or easement. 3.2 Use of Abandoned Radios and Access to City Property. RNI shall have access to and the exclusive right to operate existing Radios attached to street light poles and Wired Access Points ("WAPS") owned by the City or located in the Public Way or on City -owned buildings or facilities or removed from the Public Way or City -owned buildings or facilities and in the possession of the City during the term of this Permit. RNI shall also have access to other WAP sites and street light poles on the Public Way so that RNI may reconfigure or expand its ability to provide service. 33 Attachment to City -Owned Property. The City hereby authorizes RNI to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on City street light poles, lighting fixtures, electroliers, or other City -owned property located within the Public Way for the purposes of providing Services to Persons located within or without the limits of the City. RNI shall submit for approval to the City Engineer a complete list of any proposed new attachments or new installations, or any Radio relocations within the Public Way or on City -owned property and shall be granted approval based upon the reasonability of the proposed changes.. 3.4 Attachment to Third -Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits RNI to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies, including SDG&E, or other property owners located within the Public Way as may be permitted by the public utility company or property owner, as the case may be. RNI shall furnish to the City written documentation, upon the City's request, of such permission from the individual utility or property owner responsible prior to the installation or reinstallation of any Radios. 3.5 No Interference. Except as permitted by applicable Laws or this Permit, RNI in the performance and exercise of its rights and obligations under this Permit, shall not interfere in any manner with the existence and operation of any and all public and private rights -of -way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the prior express written approval of the owner or owners of the affected property or properties. 3.6 Compliance with Laws. RNI shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Permit. 3.7 Obtaining Required Permits. 3.7.1 The City shall reinstate all permits and other authorizations as necessary for existing Radios on City and the Public Way that may have been granted to Metricom, if any; and cooperate and facilitate new permits and authorizations necessary to operate the existing network and/or expand the network within the City. 3.7.2 If the attachment, installation, operation, maintenance, or location of new Radios in the Public Way shall require any permits, RNI shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees. City shall promptly respond in accordance with its standard practices to RNI's requests for permits and shall otherwise cooperate with RNI in facilitating the deployment of Ricochet in the Public Way in a reasonable and timely manner. The proposed locations of RNI's planned initial installation of new Radios shall be provided to the City promptly after RNI's review of available City maps and prior to deployment of the new Radios. RNI agrees to meet with the City annually or as otherwise needed to discuss the company's forthcoming projects and installations. 3.8 Notice of Location of Radios. Upon the completion of any new Radio installation, RNI promptly shall furnish to the City, documentation suitable to the City showing the exact location of the new Radios in the Public Way. 3.9 Modification of Service Voltage. The City reserves the right to modify the service voltage delivered to or at any street light pole or utility pole on which a Radio may be located. RNI shall replace or modify any Radio that will be affected by such voltage modifications within thirty (30) days of receiving notice of voltage modifications. In the event that RNI fails to replace or modify any Radio within the thirty -day notice period before the voltage modification, the City may disconnect any such Radio until RNI performs and completes the necessary work and advises City accordingly. 3.10 Annual Business License. If required by law, RNI agrees to obtain an annual City business license prior to the Effective Date of this Permit and maintain the same throughout the term of this Permit. 4. Fees and Taxes. 4.1 PTR Fee. In exchange for the right to use the Radios that are located on City property and that were abandoned by Metricom and for the right to install and operate new Radios on the Public Way or on other City property, RNI shall provide City, without charge, ten (10) Ricochet modems and an equal number of Ricochet Basic Service subscriptions. The City's right to use the subscriptions shall commence at the time that Ricochet service is commercially available in the City and shall extend until the expiration of the term of this Use Agreement and any renewal hereof. 4.2 Government and Public Safety Uses. RNI shall provide to the City, without charge, thirty (30) Ricochet modems and an equal number of Ricochet Basic Service subscriptions, to be utilized. for government use and public safety applications. The City's right to use the subscriptions shall commence at the time that Ricochet service is commercially available in the City and shall extend until the expiration of the term of this Permit and any renewal hereof. Users of City's subscriptions, regardless of the manner in which they were obtained, shall be governed by the same standard Ricochet terms and conditions of use applicable to other users. The City shall use at least seventy-five percent (75%) of all Basic Service subscriptions provided pursuant to this section solely for its own public safety use and shall not be entitled to resell, distribute, or otherwise permit the use of same by any other person, except a local entity that provides public safety services within the corporate boundaries of the City (i.e., school safety personnel, police departments, emergency medical departments, fire departments, etc.). The level of benefits and service provided to City by RNI as Basic Service shall not be diminished or reduced during the term of this Permit or renewal thereof or prior to its cancellation or termination, as the case may be. 4.3 City Access Program Subscription Rate. In addition to the modems and subscriptions provided pursuant to Section 4.1 and 4.2, the City is eligible to participate in the Ricochet Government Volume Discount Program. Ricochet modems and services must be purchased and billed through an individual City master account(s) in order to qualify for the Government Volume Discount Program. City may obtain Ricochet modems and services according to the pricing, terms and conditions of the Ricochet Government Volume Discount Program shown in attached Appendix A. 4.4 Reimbursement of City's Expenses. RNI shall reimburse the City at City's standard rates for all reasonable internal expenses relating to the preparation, issuance, and implementation of this Permit, promptly upon receipt of bills, paid invoices, and such other documentation as RNI shall reasonably require. 4.5 WAP Fee. Should RNI desire to site a new WAP in the Public Way or on City owned facilities or property, RNI shall provide to the City, without charge, twenty-five (25) Ricochet modems and an equal number of Ricochet Basic Service subscriptions for each such new WAP site. The City's right to use the subscriptions shall commence at the time that Ricochet utilizes the new WAP for commercial operation and shall extend until the expiration of the term of this Permit and any renewal hereof. 4.6. Potential Utility Users' Tax. RNI acknowledges and agrees that the City may, if authorized by applicable law and if assessed in a non-discriminatory manner, require users of revenue - producing telecommunications services such as the Services to pay a utility users' tax ("Utility Tax") to the City pursuant to applicable statute. If the City determines that the Services are lawfully subject to a Utility Tax, RNI agrees to collect the tax from Service users and to remit such tax to the City in accordance with applicable law. 4.7 Possessory Interest Tax. RNI recognizes and understands that this agreement may create a possessory interest subject to property taxation, and RNI may be subject to the payment of property taxes levied on such interest. RNI further agrees to pay any and all property taxes, if any, assessed during the term of this agreement pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against RNI's possessory interest. 4 5. Removal and Relocation of Radios. RNI understands and acknowledges that City may require RNI to relocate one or more of the Radios, and RNI shall at City's direction relocate such Radios at RNI's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) to facilitate or accommodate the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City light poles, traffic signals; or other City facilities; or (c) to protect or preserve the public health, safety, or welfare. Upon notice from the City, RNI shall promptly remove or relocate any Radio so designated by the City. If RNI shall fail to relocate any Radios as requested by the City in accordance with the foregoing provision, City shall be entitled to relocate the Radios at RNI's sole cost and expense, without further notice to RNI. 5.1 RNI Desires Relocation. In the event RNI desires to relocate any Radios from one City -owned pole or other property to another City -owned pole or other property, RNI shall notify City in writing. City will use its best efforts to accommodate RNI by making another functionally equivalent City -owned pole or other City -owned property available for use in accordance with and subject to the terms and conditions of this Permit. 5.2 Damage to Public Way. Whenever the installation, removal, or relocation of Radios is required under this Permit, and such removal or relocation shall cause the Public Way to be damaged, RNI, at its sole cost and expense, shall promptly repair and return the Public Way in which the Radios are located to a safe and satisfactory condition to the satisfaction of the City's Director of Public Works. If RNI does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to RNI, to perform or cause to be performed such reasonable and necessary work on behalf of RNI and to charge RNI for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, RNI shall promptly reimburse the City for such costs. 6. Indemnification and Waiver. 6.1 Indemnification. RNI agrees to indemnify, defend, protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") arising, directly from or proximately resulting from RNI's activities undertaken pursuant to this Permit, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, or agents, or contractors. 6.2 Waiver of Claims. RNI waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss damage, or injury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City. 6.3 Limitation of City's Liability. The City shall be liable only for the reasonable cost of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees, agents, or contractors. 6.4 Defense. RNI shall have the right to defend the City with regard to all damages and penalties arising in any way out of the exercise of any rights in this Permit. Within thirty (30) days after receipt of same by the City attorney, the City will provide notice to RNI of the assertion of any claim or action arising out of the exercise by RNI of its rights under this Agreement. RNI will be allowed, at its own expense, to appear and defend or assist in the defense of such claims. 7. Insurance. 7.1 General Liability and Automobile Insurance. RNI shall obtain and maintain at all times during the term of this Permit commercial general liability insurance with a One Million Dollars ($1,000,000) per occurrence limit and One Million Dollars ($1,000,000) annual aggregate limit. Such general liability coverage shall cover bodily injury, property damage, products -completed operations and personal injury. RNI shall also obtain and maintain commercial automobile liability insurance with a One Million Dollars ($1,000,000) combined single limit. Such insurance policies shall list the City, its council 5 members, officers, and employees as additional insureds as respects any covered liability arising out of RNI's performance of work under this Permit. Coverage shall be in an occurrence form and in with the limits and provisions specified herein. When an umbrella or excess coverage is in effect, the umbrella coverage shall be the same as the primary coverage. Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change. RNI shall be responsible for notifying the City of such change or cancellation. 7.2 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Permit, RNI shall file with the City the required original certificate(s) of insurance with endorsements, subject to the City's prior approval, which shall clearly state all of the following: (a) the policy. number; name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; (b) that the City shall receive thirty (30) days' prior notice of cancellation; and (c) that RNI's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self -insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. The certificate(s) of insurance with endorsements and notices shall be mailed to the City as the address specified in Section 8 below: • 7.3 Workers° Compensation Insurance. RNI shall obtain and maintain at all times during the term of this Permit statutorily required workers' compensation insurance for any of its employees and shall furnish the City with a certificate showing proof of such coverage. 7.4 Insurer Criteria. Any insurance provider of RNI shall be admitted and authorized to do business in California and shall be rated at least "B+:XIII" in the most recent A.M. Best & Company's Insurance Guide. Insurance policies and certificates issued by non -admitted insurance companies are not acceptable. 7.5 Severability of Interest. Any deductibles or self -insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Cross liability," "severability of interest," or "separation of insureds" clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 8. Notices 8.1 Form of Notice and Notice Address. All notices which shall or may be given pursuant to this Permit shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: If to the City: CITY OF NATIONAL CITY Attn: City Manager 1243 National City Boulevard National City, CA 91950 If to RN!: RICOCHET NETWORKS, INC. Attn: Legal Counsel 1400 Glenarm Place, Suite 100 Denver, CO 80202 8.2 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 9. Termination. 9.1 Notice; Rights of Termination. This Permit may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Permit are irrevocable during the term. Notwithstanding the provisions regarding the opportunity to cure defaults, the City may terminate this Permit if (a) RNI becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; (b) RNI attempts to or does practice any fraud or deceit in its conduct or relations with the City under this Permit; or (c) the City condemns substantially all of the property of RNI within the City by lawful exercise of eminent domain. 9.2 Economic Viability. This Permit may be terminated by RNI upon forty-five (45) days' prior written notice to City if the City should not prove to be an economically viable market. 9.3 Bankruptcy. In the event that RNI exercises its rights under Section 9.2 or is involved in a voluntary or involuntary bankruptcy under the Bankruptcy Act which results in the discontinuance of Ricochet service in the City, RNI hereby grants to the City the unilateral and irrevocable right, to be exercised within one hundred twenty (120) days after notice to the City from RNI, to purchase, at a fair market value, a non-exclusive license and right to use the Ricochet technology needed to conduct City municipal business within the boundaries of the City. Upon RNI's exercise of its rights under Section 9.2 or upon any action within a voluntary or involuntary bankruptcy under the Bankruptcy Act where service is proposed to be discontinued, the City shall have such a nonexclusive license and right to use the Ricochet technology. This right shall expire after one hundred twenty (120) days following RNI notice to the City as described above, or after a fair market value for the license is determined, and a license agreement becomes effective, whichever is longer. RNI will, within sixty (60) days after this Permit becomes effective, deposit with a third party escrow agent, designated by RNI, source codes corresponding to the Ricochet Technology and any additional information and RNI proprietary software that the City would require to maintain and operate the Network for internal communication. Modified source codes and/or proprietary software will be delivered to the escrow agent during the term of this Permit and any renewal hereof, within sixty (60) days of modification. The escrow will provide that the source code, documentation and proprietary software will be delivered to the City pursuant to this Section 9.3. 9.4 Fees. City will pay all costs associated with obtaining and maintaining a third party escrow as required pursuant to Section 9.3. 10. Assignment. This Permit shall not be assigned by RNI to any party, other than to a subsidiary, or parent of RNI upon corporate reorganization, or an affiliate entity, without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. In the event RNI assigns the Permit to a subsidiary, parent or affiliate entity, RNI shall provide the City with notice of such assignment and shall provide the City with relevant information about the assignee's qualifications. Any such subsidiary or parent entity will continue to provide the Services to the City required by this Permit. 11. Miscellaneous Provisions. The provisions that follow shall apply generally to the obligations of the parties under this Permit. 11.1 Nonexclusive Use. RNI understands that this Permit does not provide RNI with exclusive use of any City -owned poles or property, other than the Radios, and that City shall have the right to permit other providers of telecommunications services to install equipment or devices in the 7 Public Way; however, City agrees to promptly notify RNI of the receipt of a proposal for the installation of telecommunications equipment or devices in the Public Way, and to obtain written assurance from the proponent of such installation that its installation or operation will not interfere with any of RNI's existing operations, regardless of whether a license is required by the FCC for the operation thereof. In addition, City agrees to advise other providers of information or telecommunications services of the presence or planned deployment of the Radios in the Public Way. 11.2 Amendment of Permit. This Permit may not be amended except pursuant to a written instrument signed by both parties in the same manner as this Permit. 11.3 Severability of Provisions. If any one or more of the Provisions of this Permit shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Permit and shall in no way affect the validity of the remaining portions of this Permit and shall not affect the legality, validity, or constitutionality of the remaining portions of this Permit. Each party hereby declares that it would have entered into this Permit and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid or unconstitutional. 11.4 All -Hours Contact. RNI shall be available to the staff employees of any City department having jurisdiction over RNI's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator regarding such problems or complaints. 11.5 Governing Law; Jurisdiction. This Permit shall be governed and construed by and in accordance with the laws of the State of California, without reference to its conflict of law principles. 11.6 Exhibits. All exhibits referred to in this Permit and any addenda, attachments, and schedules which may from time to time be referred to in any duly executed amendment to this Permit are by such reference incorporated in this Permit and shall be deemed a part of this Permit. 11.7 Successors and Assigns. This Permit is binding upon the successors and assigns of the parties hereto. 11.8 Advice of Displacement. To the extent the City has actual knowledge thereof, the City will inform RNI of the displacement or removal of any City -owned pole on which any Radio is located. 11.9 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Permit, such party shall not unreasonably delay, condition or withhold its approval or consent. 11.10 Waiver of Breach. The waiver by either party of any breach or violation of any Provision of this Permit shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other Provision of this Permit. 11.11 Representation and Warranties. Each of the parties to this Permit represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in Section 3.3 above. 11.12. Entire Agreement. This Permit contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Permit, which are not fully expressed herein. 8 MAR. 12.2033 1:32PM RICOCHET NETWORKS NO. 3336 P. In witness whereof, and in order to bind themselves legally to the terms and conditions of this Permit, the duly authorized representatives of the parties have executed this Permit as of the date first written above. City: CITY OF NATIONAL_ CITY, a California municipal corporation By: Title: Date: RNI: RICOCHET 1• ETVVORKS, INC., a Delaware corporation Taxpayer ( Identification No. 94-1602594 By -�,,r Title: ,rr l —pleez1DPAT A, T) C Date: M,Pi,0-1 t2,1 20 ' 9 APPENDIX A RICOCHET GOVERNMENT VOLUME DISCOUNT PROGRAM Government entities are eligible for volume discounts based on their total number of Ric() subscriptions. The City must apply for a Ricochet Master Account with direct billing of all use volume discount purchase. The discount will be applied as a line item on the monthly invoii the total number of subscriptions. RNI reserves the right to change the pricing or discounts at any time provided a 30-day adv notice is given to users. RNI may change our policies and operating procedures at any time availability of Ricochet Products and Services may vary from time to time. RNI does nt discounts or demand term commitments at this time. 1. Ricochet Government Volume Discount Program Rate Schedule GOVT VOLUME DISCOUNT 0-9 MODEMS - STANDARD SERVICE GOVT VOLUME DISCOUNT 10-49 MODEMS - STANDARD SERVICE GOVT VOLUME DISCOUNT 50-99 MODEMS - STANDARD SERVICE GOVT VOLUME DISCOUNT 100+ MODEMS - STANDARD SERVICE 99.95 $ 99.95 $ 99.95 $ 99.95 $ 44.95 1. 42.95 40.95 38.95 GOVT VOLUME DISCOUNT 0-9 MODEMS - BASIC SERVICE GOVT VOLUME DISCOUNT 10-49 MODEMS - BASIC SERVICE GOVT VOLUME DISCOUNT 50-99 MODEMS - BASIC SERVICE GOVT VOLUME DISCOUNT 100+ MODEMS - BASIC SERVICE 2. Ricochet Standard Service Description 99.95 $ 99.95 $ 99.95 $ 99.95 $ 42.95 39.95 37.95 35.95 III Ricochet Modems* $99.95 External or Internal PC card Ricochet Service Activation Charge See Volume Discount Rate Schedule Unlimited usage None :het Service rs under the :e based on 'ance written Prices and :jt offer term NONE NONE NONL NONE NONE NONE NONE NONE 10 Internet Access Included Coverage As available in specific local market area Roaming Unrestricted within specific local market area E-Mail Up to 10 E-Mail accounts Personal Web Space Up to 10 Mb Dial Plan National Dial Service included Customer Service 24x7 Customer Service Hotline & Comprehensive website assistance * Upon activation, each modem will be assigned a minimum of one email address for network verification and tracking purposes. No modem rental options are being offered at this time. Pricing does not include applicable state and local sales and use taxes. RNI reserves the right to change the pricing at any time upon 30-day advance written notice to users. 3. Ricochet Basic Service Description Basic Service is available only to organizations purchasing multiple Ricochet modems and services under a volume discount rate schedule. Ricochet Modems External or Internal PC card Ricochet Service See Volume Discount Rate Schedule Unlimited usage Activation Charge None Internet Access None Coverage As available in specific local market area Roaming Unrestricted within specific local market area E-Mail None Personal Web Space None Dial Plan None Customer Service Internal IT Help desk to RNI Tech Support 11 Pricing does not include applicable state and local sales and use taxes. RNI reserves the right to change the pricing at any time upon 30-day advance written notice to users. 4. Equipment Price List Ricochet modems will be sold with all necessary components to use the service. External modems will include USB and Serial port connectors, power cables and battery. PC card modems will include the antennae (if not integrated). Replacement cables, batteries and antennae (if applicable) will be available for purchase on the www. ricochet. corn website and/or through customer service. 5. Shipping, Handling and Returned Merchandise Shipping and handling fees will be added to each Modem order at the user's cost. A returned merchandise fee (RMA Fee) will be charged to the local Network Affiliate, Market Partner and/or RNI for modems returned to RNI by users in their Geographic Service Area (GSA). SHSUR Shipping and Handling - Surface - 1st Modem SH2ND Shipping and Handling - 2nd Day - 1st Modem $ 9.95 $ 11.95 SHOV Shipping and Handling - Overnight - 1st Modem SHAM Shipping and Handling - Each Additional Modem Same Shipment $ 15.95 TBD 12 6. Other Penalties and Fees Penalties and Fees will be assessed in certain cases of Service cancellations, late payments and delinquent accounts. An activation fee of $35.00 per account will be waived initially but may apply for users who have their service suspended for non-payment, credit or other reasons, and who subsequently want Service reactivated. NSF LTP30 Late Payment Fee - 30 days LTP60 Late Payment Fee - 60 days LTP90 Late Payment Fee - 90+ days i Not Sufficient Funds Fee 35.00 1 1/2% or maximum allowed 1 1/2% or maximum allowed CANCEL SERVICE; 1 1/2% Monthly recurring until past due paid 13 City ot National City, California COUNCIL AGENDA STATEMENT MEETING DATE AGENDA 18, 2003 AGENDA ITEM NO. 9 ITEM TITLE RESOLUTION OF THE CITY CO NA"I"ZONAL Cl1 Y AUTHORIZING THE BUILDING AND SAFETY DEPARMTENT TO SUBMIT A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDS AVAILABLE THROUGH THE CODE ENFORCEMENT GRANT PROGRAM PREPARED E ARTENT Kathleen Trees, Director 336-4210 Building & Safety EXPLANATION See attached report. Environmental Revleve Financial Statement N/A X STAFF RECOMMENDATI N Adopt the resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS (List Staff Report Resolution rt Account No. Resolution No, 2003-39 A-200 (9/8O) RESOLUTION NO. 2003 - 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION, THE INCURRING OF AN OBLIGATION, THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A CEGP GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, the City of National City, a city within the State of California, wishes to apply for and receive an allocation of funds through the Code Enforcement Grant Program ("CEGP"); and WHEREAS, the California Department of Housing and Community Development (herein referred to as "HCD") has issued a Notice of Funding Availability ("NOFA") for the Code Enforcement Grant Program established by Health and Safety Code Section 53533(a)6. Pursuant to the statute, HCD is authorized to approve funding allocations for the program, subject to the terms and conditions of the NOFA and program application forms. NOW, THEREFORE, BE IT RESOLVED that: 1. The City of National City shall submit to HCD an application to participate in the Code Enforcement Grant Program in response to the NOFA issued February 14, 2003 which will request a funding allocation in an amount not to exceed $300,000 for the purchase of the capital assets identified in the application to be used in the City of National City. The application also commits the applicant to use, support, and maintain the capita! assets acquired with grant funds for at least three years. 2. If the application for funding is approved, the City of National City hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by HCD and in accordance with the NOFA and application package. It also may execute any and all instruments required by HCD for participation in the Code Enforcement Grant Program. 3. The City of National City authorizes the City Manager to execute in the name of the City of National City the application, the Standard Agreement, and all other documents required by HCD for participation in the Code Enforcement Grant Program. -- Signature Page to Follow -- Resolution No. 2003 — 39 March 18, 2003 Page Two PASSED AND ADOPTED this 18th Day of March, 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: og George H. Eiser, Ill City Attorney Nick Inzunza, Mayor STAFF REPORT Background The State of California, Department of Housing and Community Development has released a Notice of Funding Availability (NOFA) for the Code Enforcement Grant Program. The purpose of the program is to make funds available for capital expenditures that improve the effectiveness of and supplement existing local funding for code enforcement programs related to housing code maintenance or compliance. This program is an extension of the current grant the City has received for the Code Enforcement Pilot Program. The State decided to fund capital expenditures since there is often insufficient funding at the local level for capital expenditures used in the daily operation of code enforcement activities, including the tools and equipment necessary to abate housing code violations in a timely and coordinated process. The maximum grant amount is $300,000. The following is a summary of the capital items that will enhance. the Housing Inspection program in National City. I. A storage warehouse and toolbox program ($99,000). The grant would pay for the purchase of a new warehouse to be built on the City property currently leased by Christmas in July. The Building and Safety Department, Christmas in July and possibly the Food Bank would use the storage warehouse. The Building and Safety Department would house tools purchased for their toolbox program, paint to be used by residents to paint when lead is discovered on the property and graffiti paint and supplies. Maintenance and staffing would be the responsibility of Christmas in July. The second part of this expense is the toolbox program. The Building and Safety Department would purchase tools with the grant money and then administer a program that would lend homeowners and tenants large and small tools for repairs, painting and landscaping. This program will help residents make repairs without incurring the costs of renting or buying equipment. In addition, the equipment would be available to such programs as Christmas in July to use during their events. 2. A new long -bed heavy-duty pick-up truck, for the housing inspector ($35,000). The truck will be used by the inspector when in the field (currently he does not have a vehicle assigned to him), and also on the trash clean up days to haul trash from the residents yards to the dumpsters. In addition, he will be able to pick up and move large discarded items in alleys to a location where EDCO can collect them. 3. Laptop computers for the housing inspectors ($6,000). These computers would allow the housing inspectors to prepare their housing reports and letters in the field between inspections, thus saving time and making them more efficient. More inspections could then be done. 4. An XRF machine ($25,000). This machine is the state of the art in determining whether or not lead is present in a home. Currently, the housing inspector is using a swab test and the referring any positive results to the Environmental Health Coalition for further analysis. The benefit of this machine is immediate and accurate results, allowing the homeowner to make repairs possibly saving a child's mental abilities. Recent State law has made the Building and Safety Department responsible for citing homes as substandard that contain lead. The equipment could also be used by the Environmental Health Coalition for their work. 5. Alley lighting ($135,000). Many residents at community meetings have requested alley lighting. We are requesting money to provide solar lights in the alleys. The solar lights would not involve any ongoing monthly charges, may be eligible for an energy rebate, would reduce the amount of trash being dumped in the alley, would reduce crime in the alley and would make the alleys a safer place for the residents of the city. It is estimated that we could purchase and install approximately 45 lights. City of National City, California COUNCIL AGENDA STATEMENT .4EETING DATE March 18, 2003 AGENDA ITEM NO. 10 ITEM TITLE YEAR END AUDIT REPORTS FOR FISCAL YEAR ENDED JUNE 30, 2002 PREPARED BY Marylou Matienzo f DEPARTMENT Finance, Ext. 4330 EXPLANATION Transmitted herewith is the City of National City's year end Audited Financial Statement for the fiscal year ended June 30, 2002, prepared by Calderon, Jaham & Osborn, the City's external auditors. The auditors have conducted their examination of the combined financial statements - combining individual funds and account group financial statements in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditor's procedures as considered necessary in the circumstances. Environmental Review X N/A Financial Statement Not applicable. Approved By..Yrk7t4.00.fracJ inance Director Account No. STAFF RECOMMENDATION We recommend that Cou it receive and file report. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Year End Audited Financial Statement -Comprehensive Annual Financial Report A-200 [9 99; City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE March 18. 2003 AGENDA ITEM NO. 11 (ITEM TITLE STATUS REPORT REGARDING RESIDENTIAL PERMIT PARKING DISTRICT "A" PREPARED BY Stephen Kirkpatrick 336-4580 DEPARTMENT Public Works/Engineering EXPLANATION It has been requested that the City of National City consider expanding/contracting Residential Permit Parking District "A." It has also been requested that the permitted parking hours on 22nd Street within District "A" be altered. A survey has been distributed to area residents to gather their opinions about the proposed changes. It is hoped that the results of the survey will assist the City Council in making decisions regarding any changes to be implemented. Attached are copies of the three survey letters that have been sent out. Each letter is intended for a specific area in the overall area for which changes are proposed in accordance with Council direction at the last Public Hearing held on this issue. One letter is for property owners and residents within the current permit parking district, another is for the apartment residents that live immediately adjacent to the district, and the third is for residents in the proposed expanded parking district. Each letter is printed in English on one side and Spanish on the other. The survey letters request a response be returned to the City Public Works Department by April 4, 2003. The results will be compiled and a staff recommendation outlining any proposed changes will be brought back to City Council on April 15th for consideration. If at the April 15th meeting any changes are approved, a Resolution reflecting the direction will be on the May 6th agenda for adoption. Signs will installed/removed and permits will be issued as soon as possible thereafter. Environmental Review X N/A ('Financial Statement There is no budget impact as a result of this status report. Approved By: Finance Director If changes are made to the district, the cost of the signs, permits, etc. will be absorbed in the existing Public Works budget. Account No. STAFF RECOMMENDATION Receive the report. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No, 1. Survey letter for property owners and residents within the current permit parking district. 2. Survey letter for apartment residents immediately adjacent to the permit parking district. 3. Survey letter for property owners and residents in the proposed expanded permit parking district. A-200 (9.99) City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: Resident/Owner RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. It has also been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and there will be a $10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by Apri14 200'i We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J Landa at 619/336-4380. Approved by: Adam J. daStephen M0. (irkpatrick Assistant ivil Engineer Assistant DYrector of Public Works/ Engineering CHECK APPLICABLE A. [ ] I would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. B. [ ] I would like the permit parking signs removed from 22nd Street. C. [ ] I would like the permit parking district expanded as shown on the attached map. D. [ ] I would like the permit parking district to remain as it is. Signature of Resident/Property Owner Print Name Date Address AL:aa Recycled Paper To: caisting parking district a City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: Residentes/Duenos RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Querido Residentes/Duenos: Se le a pedido a la Ciudad que cualquiera de las dos , ya sea las horas de estacionamiento el la Calle 22 en el "Residential Permit Parking District "A"", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten. Tambien se ha pedido a la Ciudad por algunos residentes de la area que se extienda el "Permit Parking District" como se demuestra en el mapa adjunto. La Ciudad de National City esta haciendo un encuesta para determinar si los duenos y los residentes de la area decean hacer los ajustes al "Permit Parking District". Si el districto se llegara a extender, solamente se le dara permisos a los residentes que vivan en el districto y se cobrara $10.00 anuales por el permiso. Por favor indique sus elecciones al final de esta carta, firmela y regresela antes del 4 de Abril 2003. Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor llame al Sr. Adam Landa al telefono 619/336-4380. Prep o or: Adam J. L Assistant Civil Engineer Approvedo por: t Stephen M. irkpatrick Assistant Director of Public Works/ Engineering INDIQUE SU ELECCION [1 A. a"9:00am to5:00pm" en laCalle 22. B. [ ] Yo quisiera que los letreros del "Permit Parking" se quitaran de la Calle 22. C. [ ] Yo quisiera que el "Permit Parking District" se extienda como to demuestra el mapa adjunto. D. [ ] Yo quisiera que el "Permit Parking District" se quedara como esta. Yo quisiera que las horas de estacionamiento se cambiaran de "7:00 am to 7:00 pm" Firma del Residente/Dueno Fecha Letra de Molde AL:aaes ® Recycled Paper Domicilio Toexisting parking district a / LBALL BA -BALL R BALL LL BALL EIRM[T—PARKING Y----A-D-DIN 3 ADD:TION. & "C" AVE 04, �eei�eeiei�►��ie1ei�'eei �'eeiIV 444.494.4, P',ee�.ei4s ee�.�ieeles' el,.ei.Ol I1eele�ee44•AeeAW s. eI e11-. - I.. a►�. .*XSy►e�►e e�.� ..t��w. Aar 024/1.12 •►ee►0.9l:4r4.144eitl•1►I*eC1$ eej4f4.j40eel4At ee ee114*4+ jelir4IeePee++, seeieei94!ee PROPOSED eli E F;2©M "7:00 AM ro-roo o�O NATIONAL r8DULE VARD ro -9: ' A11 ro 5:00 PM OR REMOVE E PARKIN( DISTRICT SIGNS ON 22ND Sr. PAR APTs APTS APrs ;T1'J DISTt1 IC ' "A" ADJUSTMENT 24th ICT City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: Resident/Owner RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. It has also been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and there will be a $10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by April 4, 2003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Pre pa2 , / / /0 Approved by: am J. La y'"` ` Stephen M. . rkpatrick Assistant C 11 Engineer Assistant ector of Public Works/ Engineering CHECK APPLICABLE A. [ ] I want the permit parking district expanded. B. [ ] I would like the parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. C. [ ] I would like the permit parking signs removed from 22nd Street D. [ ] I do not want to be added to the Parking District. Signature of Resident/Property Owner Date Print Name Address Al:al To'. New Area Recycled Paper City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: Residentes/Duenos RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Atencion: Residentes/Duenos: Algunos residentes de la area han pedido a la Ciudad que el "Permit Parking District" se extienda como to demuestra el mapa adjunto. Tambien se le a pedido que cualquiera de las dos, ya sea las horas de estacionamiento en la Calle 22 en el "Residential Permit Parking District "A", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten . La Ciudad de National City esta haciendo una encuesta para determinar si los duenos y los residentes de la area desean hacer los ajustes al "Permit Parking District". Si el districto se llegara a extender, solamento se le dara permisos a los residentes que vivan en el districto y se cobrara $10.00 anuales por el permiso. Por favor indique sus elecciones al final de esta carta, firmela y regresela antes del 4 de Abril 2003. Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor llame al Sr. Adam Landa al telefono 619/336-4380. Preps r: /Lam' // Approvado po At t✓ �' Stephen M j.irkpatrick A am J. Land p' l�l Assistant Civi Engineer Assistant rector of Public Works/ Engineering INDIQUE SU ELECCION A. [ ] Yo quisiera que se extendiera el districto. B. [ ] Yo quisiera que las horas de estacionamiento se cambiaran de "7:00 am to 7:00 pm" a 9:00 am to 5:00 pm. en la calle 22. C. [ ] Yo quisiera que los letreros de "Permit Parking" se quitaran de la Calle 22. D. [ ] Yo no quiero que se me incluya en el "Parking District." Firma del Kesidente/Dueno de Propiedad Fecha Letra de Molde Domicifio Al:ales To: New area r NATION(,- • PROPOSED CWiatiE FOM "7'00 AM fo-roo NATIONAL :BOULEVARD OR REMOVE PAR c 4 t h iEP1M PARKING 17-. AD -DING ADD TION ON " & "C' AVE TO "9:00 AM TO 5:00 PM E PARKIN 'DISTRICT SIGNS ON 22N'D sr. Aprs Aprs APYS DISTRICT' "A" AvjusrmENr 1=1 ICT LJ LA -Am City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: Resident RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" Dear Resident: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determined if area property owners and residents desire such an adjustment of the Permit Parking District. Please mark your choices at the bottom of this letter and return it to us by April 4, 2003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Prepar Adam J. Land Assistant CivirEngineer Approved by: Stephen M. rkpatrick Assistant D ector of PublicWorks/ Engineering CHECK APPLICABLE A. [ ] I would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. B. [ ] I would like the permit parking signs removed from 22nd Street. C. [ ] I would like the permit parking district to remain as it is. Signature of Resident/Property Owner Print Name AL:apt Date Address ® Recycled Paper dr City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: Residente RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Querido Residente : Se le a pedido a la Ciudad que cualquiera de las dos, ya sea las horas de estacionamiento en la Calle 22 en el "Residential Permit Parking District "A", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten. La Ciudad de National City esta haciendo una encuesta para determinar si los duenos y los residentes de la area decean hacer los ajustes al "Permit Parking District". Por favor indique sus elecciones al final de esta carta, firmela y regresela antes del 4 de Abril 2003. Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor llame al Sr. Adam Landa al 619/336-4380. Prepylr d Adam J. da Assistan evil Engineer Approvado por: Stephen NI( <irkpatrick Assistant rector of Public Works/ Engineering INDIQUE SU ELECCION A. [ ] Yo quisiera que las horas de estacionamiento se cambiaran de de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm" en la Calle 22. B. [ ] Yo quisiera que los letreros de "Permit Parking" se quitaran de la Calle 22. C. [ ] Yo quisiera que el "Permit Parking District" se quedara como esta. Firma del Residente/Dueno de Propiedad Fecha Letra de Molde Domicilio AL:aptes To. apanmwlts dt I) • arl Panr•r, MLL COMM PROP. BALL 13A LL BALL 73A LL. RES. RES 'BALL LJ ID z Li ,(C ALL L L BALL 20th To "930 AM TO 5:00 PM' PARKINq 'DISTRICT siqNs ON 22ND sr. STREET LJ ID z L.1 P4-th LL1 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE March 18, 2003 AGENDA ITEM N. 12 ITEM TITLE WARRANT REGISTER #35 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #35 per Government Section Code 37208. Environmental Review N/A (Financial Statement Not applicable. Approved y Finance Di for Account No, iT AFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,072,188.18. BOARD / COMM SS RECO ATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #35 2. Workers Comp Warrant Register dated 02/26/03 3. Payroll Warrant Register dated 02/26/03 A-200 (9;99) Resolution No. City of National City, California COUNCIL AGENDA STATEMENT ,IEETING DATE March 18, 2003 AGENDA ITEM NO. 13 ITEM TITLE CLAIM FOR DAMAGES: Russell D. Paszko PREPARED BY Michael R. Dalla, CM(PARTMENT City Clerk EXPLANATION The claim of Russell D. Paszko arises from an occurrence on May 3, 2001 and was filed with the City Clerk's Office on February 10, 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 MEETING DATE March 18, 2003 AGENDA ITEM NO. 14 I ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE BUILDING AND SAFETY DEPARMTENTTO SUBMIT A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDS AVAILABLE THROUGH THE JOBS -HOUSING BALANCE INCENTIVE GRANT PROGRAM PREPARED Y DEPARTMENT Kathleen Trees, Director 336-4210 Building & Safety EXPLANATION See attached report. (-Environmental Review x N/A Financial Statement N/A STAFF RECOMMENDATION Account Nom Provide input to staff on the proposed use of the funds and adopt the resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Below 1 Staff Report Resolution Attachment D Resolution No. 2003-40 A-200 (9/80) STAFF REPORT Background The State of California, Department of Housing and Community Development has released a Notice of Funding Availability (NOFA) for the Jobs -Housing Balance Incentive Grant Program (JHB). The JHB was created in 2001 by AB 2864 and a NOFA was released in November 2001, however due to budgetary constraints the funding appropriated for the program was eliminated at that time. In 2002, the program was modified by AB 423 and $25 million dollars has been made available for the program pursuant to Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002 for the cities and counties that were eligible under the original NOFA. AB 423 lowered the amount of funding available and based the funding award on the City's housing production in 2001 and the employment demand in the area. Eligibility To be eligible to receive funds the City must have a Housing Element in place by December 31, 2001. The City of National City's Housing Element was approved by the State in June 2000 and remains in effect until 2004. The City must also have demonstrated an increase in the number of building permits issued for new housing units between January 1, 2001 and December 31, 2001 over the annual average number of building permits issued during the 3 year period preceding 2001. The State has determined the baseline level for National City as 0. National City is also in a high employment demand area, therefore any residential units over 1 would be eligible to receive $1300 per unit or between $36,400 and $39,000. The grant is not competitive. All eligible applicants that provide the required supporting documentation will be awarded funds. If the projections that the State has made on the number of new units exceeds the available funding the City may get less money. Use of the Money The money must "be used for the construction or acquisition of capital assets as set forth in Section 16727 of the Government Code (Attachment D) that serve to benefit the community. Eligible projects include, but are not limited to, traffic improvements, neighborhood parks, bike paths, libraries, school facilities, play areas, community centers, and police and fire stations." Staff is requesting input from the City Council on the use of the money. The grant application requires that the capital expense be identified, it requires an explanation of the benefit the community will receive from the capital expense and it requires the estimated date of completion. There is no match requirement. RESOLUTION NO. 2003 - 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION, THE INCURRING OF AN OBLIGATION, THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A JHB GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, the City of National City, a city within the State of California, wishes to apply for and receive an allocation of funds through the Jobs Housing Balance Incentive Grant Program ("JHB"); and WHEREAS, the California Department of Housing and Community Development (herein referred to as "HCD") has issued a Notice of Funding Availability ("NOFA") for the Jobs Housing Balance Incentive Grant program established by Section 50544 of the Health and Safety Code. Pursuant to the statute, HCD is authorized to approve funding allocations for the program, subject to the terms and conditions of the NOFA and program application forms. NOW, THEREFORE, BE IT RESOLVED that: 1. The City of National City shall submit to HCD an application to participate in the Jobs Housing Balance Incentive Grant Program in response to the NOFA issued January 24, 2003 which will request a funding allocation in an amount of $1300 for each residential unit over 1 permitted in 2001 for the purchase of the capital assets identified in the application to be used in the City of National City 2. The City of National City hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by HCD and in accordance with the NOFA and application package. It also may execute any and all instruments required by HCD for participation in the Jobs Housing Balance Incentive Grant Program. 3. The City of National City authorizes the City Manager to execute in the name of the City of National City the application, the Standard Agreement, and all other documents required by HCD for participation in the Jobs Housing Balance Incentive Grant Program. -- Signature Page to Follow -- Resolution No. 2003 - 40 March 18, 2003 Page Two PASSED AND ADOPTED this 18th Day of March, 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment D Government Code 16727. Proceeds from the sale of any bonds issued pursuant to this chapter shall be used only for the following purposes: (a) The costs of construction or acquisition of capital assets. "Capital assets" mean tangible physical property with an expected useful life of 15 years or more. "Capital assets" also means tangible physical property with an expected useful life of 10 to 15 years, but these costs may not exceed 10 percent of the bond proceeds net of all issuance costs. "Capital assets" include major maintenance, reconstruction, demolition for purposes of reconstruction of facilities, and retrofitting work that is ordinarily done no more often than once every 5 to 15 years or expenditures that continue or enhance the useful life of the capital asset. "Capital assets" also include equipment with an expected useful life of two years or more. Costs allowable under this section include costs incidentally but directly related to construction or acquisition, including, but not limited to, planning, engineering, construction management, architectural, and other design work, environmental impact reports and assessments, required mitigation expenses, appraisals, legal expenses, site acquisitions, and necessary easements. (b) To make grants or loans, if the proceeds of the grants or loans are used for the costs of construction or acquisition of capital assets. Bond proceeds may also be used to pay the costs of a state agency for administering the grant or loan program. (c) To repay funds borrowed in anticipation of the sale of the bonds, including interest, or to pay interest on the bonds themselves. (d) To pay the costs of a state agency with responsibility for administering the bond program. These costs include those incurred by the Treasurer, the Controller, the Department of Finance, and the Public Works Board for staff, operating expenses and equipment, and consultants' costs. (e) The costs of the Treasurer's office directly associated with the sale and payment of the bonds, including, but not limited to, underwriting discounts, costs of printing, bond counsel, registration, and fees of trustees. Nothing in this section is intended to prohibit the investment of bond proceeds or the use of proceeds of those investments in any manner authorized by law. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 18 2003 *Refer to Item #16 AGENDA ITEM NO. 15 f ITEM TITLE PREPARED DV RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ESTABLISHMENT OF A NEW AT -WILL POSITION OF SPECIAL ASSISTANT TO THE MAYOR AT A SALARY BAND OF $3,038 TO $5,463/MONTH DEP RT ENT Roger C. DeFratis Personnel EXPLANATION Personnel Director The Mayor has indicated that there is a need for a staff level position in the Mayor/Council Office rather than a clerical position. To that end, the Personnel Department surveyed other agencies and found the most common title to be Special Assistant to the Mayor with a maximum salary in the mid $5,000's, and serving at the pleasure of the Mayor. Salary band and benefits should be determined independently from currently established groups. The duties and responsibilities proposed compare to the level of the City classification of Management Analyst II, which is the salary band recommended above. The difference between maximum salaries for the clerical position $3,793/month and the new position $5,463/month is an increase of $1,670/month. An ordinance to change the Municipal Code Section 3.04.020 is also necessary to make this position an at -will employee, exempt from Civil Service Rules and protections. This is recommended to provide flexibility and satisfy the needs of this Mayor and future office holders. The ordinance change will be submitted to Council for consideration at the same meeting as this Resolution. Environmental Review Financial Statement A Approved Y: Finance Director Establishment of this position would cost a maximum of $1,670/month, plus difference in benefits. STAFF RECOMMENDATION Account No. Recommend the title of Special Assistant to the Mayor be used with a salary band of $3,038 - $5,463/month given the information available at this time. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS Li fed I3eIOW 1. Resolution 2. Background Information Resolution No 2003-41 A-220 (9'99) RESOLUTION NO. 2003 — 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ESTABLISHMENT OF A NEW AT -WILL POSITION OF SPECIAL ASSISTANT TO THE MAYOR AT A SALARY BAND OF $3,038 TO $5,463 PER MONTH BE IT RESOLVED that the City Council of the City of National City hereby establishes the position of Special Assistant to the Mayor, which position shall be appointive, at -will, unclassified, non -supervisory, not included within the Civil Service System, exempt from overtime laws, and serving at the pleasure of the Mayor. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby approves the salary band for the new at -will position of Special Assistant to the Mayor with the salary range as follows: POSITIOl RECOMMi f`tl` ED SALAR r Special Assistant to the Mayor $3,038 - $5,463/mo. PASSED AND ADOPTED this 18th Day of March, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney DATE TO FROM SUBJECT City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 March 6, 2003 Assistant City Manager Personnel Dire NEW POSITION IN MAYOR & COUNCIL OFFICE In response to your request to provide information and recommendations on employment details from a personnel perspective concerning a new position being considered for authorization by the Mayor & Council, I submit the following: 1. Title & Status: The most common title used by other agencies and, therefore recommended for this type of position is Special Assistant to the Mayor. However, the titles of legislative assistant/analyst, public relations officer, and staff assistant have also been used by other agencies. It should be an appointive, at -will, unclassified, and non -supervisory position which is excluded from Civil Service System and exempt from overtime laws serving at the pleasure of the Mayor. 2. Duties & Qualifications: This position should report to and receive direction from one supervisor, the Mayor. The Mayor should determine the duties and qualifications that will be required of this position. 3. Work Schedule: A flexible schedule, as determined by the Mayor, but should include a statement that work on evenings and week -ends may be required to avoid misunderstandings. 4. Evaluations: It is recommended that annual written evaluations of this position be performed by the Mayor, but may be discretionary by the Mayor. 5. Pay: The closest comparable position currently in the City Classification Plan is the Management Analyst II based on duties and qualifications explained to me. Using that comparison, the recommended salary band is $3038-$5463/mo. Initial placement and movement within the band should be discretionary by the Mayor. 6. Benefits: It is recommended that Management Benefits also apply to this position, which includes yearly paid holidays (15 days), vacation (3 weeks), sick leave-(12 days). Health & Dental Insurance ($625/mo.), City -paid Life Insurance (1 x salary), LTD and City -paid retirement. The Mayor & Council may also want to consider whether management leave in lieu of overtime should be provided given the application of a flexible schedule. It is assumed this position will have access to the Council pool vehicles. RCD:vr Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT *Refer to Item #15 MEETING DATE March 18, 2003 AGENDA ITEM NO. 16 / ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 3.04.020 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY George H. Eiser, Illp DEPARTMENT EXPLANATION Ext. 4221 City Attorney This ordinance would amend the Municipal Code to place the newly established position of Special Assistant to the Mayor in a at -will, non -civil service status. A companion item on this agenda is a resolution establishing the position, and setting the salary band for the position. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOM ENDATION N/A ATTACHMENTS ed Below)L__ Resolution No. Proposed ordinance. F 200 (9:991 ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 3.04.020 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City that Section 3.04.020 of the National City Municipal Code is hereby amended to read as follows: 3.040.020 Applicability. In accordance with Section 45000 et seq., of the California Government Code, the provisions of this title and city civil service rules apply to the classified service which includes all offices, positions and employment in the service of the city, except: 1. Elective officials; 2. Members of appointive boards, commissions, and committees; 3. City manager; 4. Assistant city manager; 5. City attorney; 6. Senior assistant city attorney; 7. City librarian; 8. Records management officer; 9. Special assistant to the Mayor; 10. All department directors as so designated by city manager; 11. Persons engaged under contract or grant to supply expert, professional or technical services for a definite period of time; 12. Volunteer personnel who receive no regular compensation from the city; 13. Emergency employees who are hired to meet the immediate requirements of any emergency condition, such as an extraordinary fire, flood or earthquake; 14. Employees who are employed for less than twenty hours per week or who are employed temporarily for a definite period not exceeding twelve consecutive months. PASSED and ADOPTED this day of , 2003. ATTEST: Michael Dalla City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: EON.Mt George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 18, 2003 AGENDA ITEM NO. 17 ITEM TITLE AN ORDINANCE AMENDING NCMC CHAPTER 10.70 PERTAINING TO POLICE REGULATED BUSINESS REGULATIONS AND CHAPTER 10.73 PERTAINING TO LIVE ADULT ENTERTAINMENT AT ADULT ORIENTED ENTERTAINMENT ESTABLISHMENTS, AND CHAPTER 10.79 PERTAINING TO MASSAGE ESTABLISHMENTS AND ADDING CHAPTER 10.78 PERTAINING TO ENTERTAINMENT ESTABLISHMENTS PREPARED BY Rudolf Hradecky, ES�q DEPARTMENT EXPLANATION Ext. 4222 �Y City Attorney Please see attached Staff Report. 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 Selo' Resolution No. Staff Report Draft of revisions to Chapters 10.70 and 10.73 in strikeout form Proposed Ordinance A-2D9 19.991 STAFF REPORT This ordinance adds Chapter 10.78 to the Municipal Code to regulate cabarets and other specified places that provide entertainment and/or dancing in connection with the primary sale of food and beverages. This ordinance is based on a similar City of San Diego ordinance. In National City, there are four establishments that are potentially subject to these requirements. Regulation is considered appropriate because of demonstrated incidents of disorderly conduct and the need for police services at these venues. The Police Department's records for 2001 and 2002 reflect 509 calls for service at these four establishments, of which 38 were considered "serious". In addition, some of these establishments also present a venue where solicitation for prostitution and drugs has occurred. The regulations therefore address requirements for patron conduct, prevention of disorder, and internal/external security requirements for patron control. Issuance of a police permit under the proposed Chapter 10.78 affects only the providing of entertainment and/or dancing. Revocation of a police permit for cause (e.g., failure to maintain crowd control or patron conduct) would not affect the primary sales of food or beverage, nor would it affect any conditional use permit for the establishment, thereby maintaining the economic viability of the establishment while minimizing the need for police responses to disorderly behavior. Copies of the draft ordinance were provided to the owners of these four establishments for comment, and when appropriate, those comments have been considered. Transition provisions are therefore provided. Corresponding administrative changes are proposed to Chapter 10.70 to clarify the relationship between conditional use permits and police permits for entertainment establishments. Adult oriented entertainment establishments that are regulated under Chapter 10.79 will also be required to observe the patron conduct requirements established in proposed Chapter 10.78. As a housekeeping matter, Section 10.79.110 is revised to clearly exempt therapeutic massage administered in health facilities and hospitals. We are not recommending repeal of Chapter 6.30 (Dancehalls) at this time, since that Chapter establishes the current business tax for that type establishment. A forthcoming revision to the general business tax code will deal with taxes specific to certain types of businesses, including dance halls. At that time, Chapter 6.30 could then be repealed. This ordinance has been coordinated with the Planning and Police Departments. NATIONAL CITY MUNICIPAL CODE TITLE 10 - PUBLIC PEACE, MORALS AND SAFETY DIVISION X — POLICE REGULATED BUSINESSES Chapter 10.70 — Police Regulated Business Regulations 10.70.010 Purpose and intent —permit required. A. It is the purpose and intent of the City Council to establish procedures for permit issuance and regulation of certain businesses and activities as police regulated for the protection of the public health, safety and welfare. Businesses identified in this Division X (Chapters 10.70 through 10.79) have a higher degree of potential for one or more types of illicit activity — prostitution, disorderly conduct, gambling, fraudulent practices, or the concealment or facilitation of transfers of stolen property. Therefore, regulation of the operations of these establishments is appropriate to protect legitimate business practice and the public health, safety and welfare. B. A business, activity or a performer or technician which is identified in Chapter 10.71 through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or "regulated technician," as the case may be, and the specific regulations applicable to their conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly govern the administration and appeals process regarding the issuance, denial, suspension or revocation of any permit required to operate as a regulated business or activity or as a regulated performer or technician pursuant to Chapters 10.71 through 10.79. C. The issuance of a permit pursuant to this Chapter 10.70 does not excuse a regulated business, activity, performer or technician from complying with any other revenue or regulatory requirement of the Municipal Code or State law. A Page 1 separate permit shall be required for each type of activity regulated by Chapters 10.71 through 10.79, unless otherwise provided. The issuance of a certificate or permit under other provisions of the Municipal Codedoes not excuse compliance with or create a defense to any violation of the requirements of this Chapter 10.70 or Chapters 10.71 through 10.79, as applicable, or any other provisions of law or ordinance, including conditional use permits required under Title18. D. It is unlawful for any person to operate a business or activity or perform or practice as a performer or technician regulated by this Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, without a valid permit issued by the chief of police, or to operate, perform or practice while the permit is suspended or revoked. Each day a violation of this Section 10.70.010D exists constitutes a separate misdemeanor. 10.70.020 Definitions. For purposes of Chapters 10.70 through 10.79, the following definitions shall apply: A. "Person" means and includes a . natural person, a partnership, joint venture or a corporation. B. "Applicant" or "permittee" means: a natural person; and in the case of a corporation, its officers, directors and any shareholder owning more than 5% of any stock; and in the case of a partnership, its general partners. C. "Responsible person" means any person who is an owner or manager, or both, and includes any employee or agent in apparent charge of the premises for which the application is made or required or a permit is issued. D. "Permit" means a permit issued by or under the authority of the chief of police that authorizes activity regulated under Chapters 10.71 through 10.79. Page 2 10.70.080 Suspension and revocation. A. The chief of police shall suspend or revoke any permit issued under the provisions of this chapter if he or she finds that: 1. The operation conducted by the permittee violates any applicable laws, including but not limited to the city's building, zoning and health regulations and Chapters 10.70 through 10.79, as applicable; or 2. The permittee, including a regulated performer or technician, or any other person who is directly engaged in the management and operation of the regulated business has, while the permit is in effect: a. Allowed, committed or been convicted of an act that constitutes a violation of law which rationally and reasonably relates to the .conduct of the regulated activity; or b. Allowed or committed acts listed in Section 10.70.050A2 to occur at a regulated business, irrespective of adjudication, conviction or acquittal; or c. Allowed a regulated performer or technician with a contagious or communicable disease to perform services under the auspices of the permittee; or 3. The permittee had knowingly made a false, mis- leading or fraudulent, material statement of fact in the permit application or any other document required in connection with the application. B. The chief of police shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The chief of police may issue the order without regard to the status of prosecution or finality of a conviction affecting a permittee, so long as the chief of police has determined that sufficient facts exist to justify the suspension. Page 3 The order shall be effective immediately if personally served, or seventy-two (72) hours after it has been deposited in the course of regular transmission in the United States Postal Service. C. Except as provided under Section 10.70.080D, immediately upon the order becoming effective, the permittee shall cease all operations allowed under the permit, and surrender the permit to the chief of police. D. In lieu of issuing an order of suspension or revocation, the chief of police may impose conditions of probation for a specified duration not to exceed one year, during which period the permittee shall be subject to the order of suspension or revocation if the chief of police determines those conditions have been violated. If the permittee accepts the order of probation, no appeal shall be allowed under Section 10.70.070. If, however, the permittee objects to the terms of probation, probation shall not be allowed, the order of suspension or revocation shall take effect, and appeal rights of the permittee under Section 10.70.070 shall then be applicable. E. Only when an appeal is taken to the city council shall the order of suspension or revocation be stayed pending determination by the city council in the manner set forth in Section 10.70.070 of this chapter. The determination of the city council will be final and conclusive and constitute the exhaustion of administrative remedies. The decision shall advise the permittee of the time limits in which to commence an action for judicial review, as set forth in Section 10.70.060. If the permittee elects judicial review in lieu of an appeal to the city council, however, then the order of the chief of police shall be deemed a final order constituting the exhaustion of administrative remedy, and the commencement of time within which to file for judicial review. Page 4 F. Police permits issued for an establishment to conduct business regulated under Chapters 10.71 through 10.79 are separate from and independent of any conditional use permit that is required or issued under the provisions of Title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that the same or similar terms and conditions may be applicable to both permits. Revocation or suspension of a police permit affects only the authority of the establishment to provide or allow a particular form of entertainment or activity at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. Page 5 NATIONAL CITY MUNICIPAL CODE TITLE 10 - PUBLIC PEACE, MORALS AND SAFETY DIVISION X - POLICE REGULATED BUSINESSES Chapter 10.73 - Live Adult Entertainment at Adult Oriented Entertainment Establishments 10.73.010 Permit required. A. An "adult oriented entertainment establishment" defined in Section 10.73.020A is a police regulated business, and a person performing "live adult entertainment" as defined in Section 10.73.020D in an adult oriented entertainment establishment is a police regulated performer. A police permit shall be required as a condition of operation or performance of activity of that business or activity. B. An adult oriented entertainment establishment shall not be required to obtain a separate police permit to operate as a cabaret or entertainment establishment regulated under Chapter 10.78. However, the regulatory provisions of Chapter 10.78 regulating noise control and patron conduct shall also be ap_plicable to an adult oriented entertainment establishment as regulatory violations governing suspension or revocation of a permit issued under this Chapter 10.73. C. Issuance and administration of permits is governed by Chapter 10.70. 10.73.040 Patron contact —Prohibited. A. No live adult entertainer shall approach or be allowed to approach within six (6) feet of any patron of the permitted premises. B. Live adult entertainment shall be performed only upon a. stage or platform during the progress of the entertainment. The stage or platform shall be located at a minimum height of eighteen inches (18") above the floor of, and at a minimum distance of six (6) feet from, the patron seating or viewing area. Page 6 { Deleted: B Noatron shall occupy or be allowed to occupy the stage or_:_:{Deleted:P platform during any performance. {Deleted:s,s, `'{ Deleted: not C. A passageway of not less than six (6) feet in width shall be provided through any part of the room occupied by customers, guests or patrons when required for the ingress and egress of live adult entertainers to the stage or platform where live adult entertainment is presented. D. No adult entertainment establishment operator shall allow a patron to approach within six (6) feet of, or touch, a live adult entertainer while any part of the performer's specified anatomical areas are exposed. E. No patron shall approach within six (6) feet of a live adult entertainer while any part of the performer's specified anatomical areas are exposed. F. Violation of any subsection of this section is a misdemeanor and shall also be grounds for the suspension or revocation of a permit issued to an operator as well as the permit of the regulated performer or live adult entertainer who causes or allows any violation to occur. Page 7 { Deleted: E 1 NATIONAL CITY MUNICIPAL CODE TITLE 10 - PUBLIC PEACE, MORALS AND SAFETY DIVISION X — POLICE REGULATED BUSINESSES Chapter 10.79 — Massage Establishments Section 10.79.110 Exemptions. This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other professionals who are licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code. B. Nurses and other health care professionals who are registered or licensed under the laws of this state and administer a massage in the normal course of professional health care duties. C. A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete. D. Barbers and beauticians duly licensed under the laws of the state who administer a massage in the normal performance of their profession. E. Therapeutic massage administered in or under the auspices of any health facility, hospital or other establishment licensed under California statutes in which the above - described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision. Page 8 Deleted: who tDeleted: nursing { Formatted: Font: 16 pt Deleted: Any duly licensed { Deleted: such F. Any bona fide athletic club which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section. Page 9 Formatted: Font 16 pt 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 AMENDING CHAPTER 10.70 PERTAINING TO POLICE REGULATED BUSINESS REGULATIONS, CHAPTER 10.73 PERTAINING TO LIVE ADULT ENTERTAINMENT AT ADULT ORIENTED ENTERTAINMENT ESTABLISHMENTS, AND CHAPTER 10.79 PERTAINING TO MASSAGE ESTABLISHMENTS AND ADDING CHAPTER 10.78 PERTAINING TO ENTERTAINMENT ESTABLISHMENTS BE IT ORDAINED by the City Council of the City of National City that Title 10 of the National City Municipal Code is amended as follows: Section 1. That Chapter 10.70, Sections 10.70.010, 10.70.020, and 10.70.080 be amended to read as follows: Section 10.70.010 Purpose and intent —Permit required. A. It is the purpose and intent of the City Council to establish procedures for permit issuance and regulation of certain businesses and activities as police regulated for the protection of the public health, safety and welfare. Businesses identified in this Division X (Chapters 10.70 through 10.79) have a higher degree of potential for one or more types of illicit activity —prostitution, disorderly conduct, gambling, fraudulent practices, or the concealment or facilitation of transfers of stolen property. Therefore, regulation of the operations of these establishments is appropriate to protect legitimate business practice and the public health, safety and welfare. B. A business, activity or a performer or technician which is identified in Chapter 10.71 through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or "regulated technician," as the case may be, and the specific regulations applicable to their conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly govern the administration and appeals process regarding the issuance, denial, suspension or revocation of any permit required to operate as a regulated business or activity or as a regulated performer or technician pursuant to Chapters 10.71 through 10.79. C. The issuance of a permit pursuant to this Chapter 10.70 does not excuse a regulated business, activity, performer or technician from complying with any other revenue or regulatory requirement of the Municipal Code or State law. A separate permit shall be required for each type of activity regulated by Chapters 10.71 through 10.79, unless otherwise provided. The issuance of a certificate or permit under other provisions of the Municipal Code does not excuse compliance with or create a defense to any violation of the requirements of this Chapter 10.70 or 1 Chapters 10.71 through 10.79, as applicable, or any other provisions of law or ordinance, including conditional use permits required under Title18. D. It is unlawful for any person to operate a business or activity or perform or practice as a performer or technician regulated by this Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, without a valid permit issued by the chief of police, or to operate, perform or practice while the permit is suspended or revoked. Each day a violation of this Section 10.70.010D exists constitutes a separate misdemeanor. Section 10.70.020 Definitions. - For purposes of Chapters 10.70 through 10.79, the following definitions shall apply: A. "Person" means and includes a natural person, a partnership, joint venture or a corporation. B. "Applicant" or "permittee" means a natural person; and in the case of a corporation, its officers, directors and any shareholder owning more than 5% of any stock; and in the case of a partnership, its general partners. C. "Responsible person" means any person who is an owner or manager, or both, and includes any employee or agent in apparent charge of the premises for which the application is made or required or a permit is issued. D. "Permit" means a permit issued by or under the authority of the chief of police that authorizes activity regulated under Chapters 10.71 through 10.79. Section 10.70.080 Suspension and revocation. A. The chief of police shall suspend or revoke any permit issued under the provisions of this chapter if he or she finds that: 1. The operation conducted by the permittee violates any applicable laws, including but not limited to the city's building, zoning and health regulations and Chapters 10.70 through 10.79, as applicable; or 2. The permittee, including a regulated performer or technician, or any other person who is directly engaged in the management and operation of the regulated business has, while the permit is in effect: a. Allowed, committed or been convicted of an act that constitutes a violation of law which rationally and reasonably relates to the conduct of the regulated activity; or b. Allowed or committed acts listed in Section 10.70.050 A 2 to occur at a regulated business, irrespective of adjudication, conviction or acquittal; or c. Allowed a regulated performer or technician with a contagious or communicable disease to perform services under the auspices of the permittee; or 3. The permittee had knowingly made a false, misleading or fraudulent, material statement of fact in the permit application or any other document required in connection with the application. B. The chief of police shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, 2 not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The chief of police may issue the order without regard to the status of prosecution or finality of a conviction affecting a permittee, so long as the chief of police has determined that sufficient facts exist to justify the suspension. The order shall be effective immediately if personally served, or seventy-two (72) hours after it has been deposited in the course of regular transmission in the United States Postal Service. C. Except as provided under Section 10.70.080 D, immediately upon the order becoming effective, the permittee shall cease all operations under the permit, and surrender the permit to the chief of police. D. In lieu of issuing an order of suspension or revocation, the chief of police may impose conditions of probation for a specified duration not to exceed one year, during which period the permittee shall be subject to the order of suspension or revocation if the chief determines those conditions have been violated. If the permittee accepts the order of probation, no appeal shall be allowed under Section 10.70.070. If, however, the permittee objects to the terms of probation, probation shall not be allowed, the order of suspension or revocation shall take effect, and appeal rights of the permittee under Section 10.70.070 shall then be applicable. E. Only when an appeal is taken to the city council shall the order of suspension or revocation be stayed pending determination by the city council in the manner set forth in Section 10.70.070 of this chapter. The determination of the city council will be final and conclusive and constitute the exhaustion of administrative remedies. The decision shall advise the permittee of the time limits in which to commence an action for judicial review, as set forth in Section 10.70.060. If the permittee elects judicial review in lieu of an appeal to the city council, however, then the order of the chief of police shall be deemed a final order constituting the exhaustion of administrative remedy, and the commencement of time within which to file for judicial review. F. Police permits issued for an establishment to conduct business regulated under Chapters 10.71 through 10.79 are separate from and independent of any conditional use permit that is required or issued under the provisions of Title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that the same or similar terms and conditions may be applicable to both permits. Revocation or suspension of a police permit affects only the authority of the establishment to provide or allow a particular form of entertainment or activity at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. 3 Section 2. That Title 10, Chapter 10.73, Sections 10.73.010 and 10.73.040 be amended to read as follows: Section 10.73.010 Permit required. A. An "adult oriented entertainment establishment" defined in Section 10.73.020 A is a police regulated business, and a person performing "live adult entertainment" as defined in Section 10.73.020 D in an adult oriented entertainment establishment is a police regulated performer. A police permit shall be required as a condition of operation or performance of activity of that business or activity. B. An adult oriented entertainment establishment shall not be required to obtain a separate police permit to operate as a cabaret or entertainment establishment regulated under Chapter 10.78. However, the regulatory provisions of Chapter 10.78 regulating noise control and patron conduct shall also be applicable to an adult oriented entertainment establishment as regulatory violations governing suspension or revocation of a permit issued under this Chapter 10.73. C. Issuance and administration of permits is governed by Chapter 10.70. Section 10.73.040 Patron contact —Prohibited. A. No live adult entertainer shall approach or be allowed to approach within six (6) feet of any patron of the permitted premises. B. Live adult entertainment shall be performed only upon a stage or platform during the progress of the entertainment. The stage or platform shall be located at a minimum height of eighteen inches (18") above the floor of, and at a minimum- distance of six (6) feet from, the patron seating or viewing area. No patron shall occupy or be allowed to occupy the stage or platform during any performance. C. A passageway of not less than six (6) feet in width shall be provided through any part of the room occupied by customers, guests or patrons when required for the ingress and egress of live adult entertainers to the stage or platform where live adult entertainment is presented. D. No adult entertainment establishment operator shall allow a patron to approach within six (6) feet of, or touch, a live adult entertainer while any part of the performer's specified anatomical areas are exposed. E. No patron shall approach within six (6) feet of a live adult entertainer while any part of the performer's specified anatomical areas are exposed. F. Violation of any subsection of this section is a misdemeanor and shall also be grounds for the suspension or revocation of a permit issued to an operator as well as the permit of the regulated performer or live adult entertainer who causes or allows any violation to occur. 4 Section 3. That Title 10 is hereby amended by adding a new Chapter 10.78 read as follows: Chapter 10.78 ENTERTAINMENT ESTABLISHMENTS Sections: 10.78.010 Purpose and intent 10.78.020 Definitions 10.78.030 Entertainment permit —Required 10.78.040 Exemption from the permit requirement 10.78.050 Hours of operation 10.78.060 Disorderly patron conduct 10.78.070 Reasonable passageway —Required 10.78.080 Observation of noise abatement and control laws —Required 10.78.090 Disorderly conduct within 100 feet —Prohibited. 10.78.100 Orderly dispersal —Required 10.78.110 Restrictions on alcoholic beverage on premises 10.78.120 Authority of police officer where there is immediate threat to public safety 10.78.130 Conditions imposed on entertainment permits 10.78.140 Issuance and duration of permit 10.78.150 Effect of revocation or suspension of entertainment permit Section 10.78.010 Purpose and intent. A. The Council of the City of City of National City encourages the development of arts and culture in City of National City, and recognizes that variety in entertainment venues in the City can provide a rich and diverse cultural experience for residents and visitors to the City. The Council also recognizes that non-alcoholic entertainment venues provide a safe place for families and young adults to gather. The Council finds also that entertainment establishments can present an environment with the potential for excessive noise generation and disorderly conduct by patrons, particularly at closing times, with adverse public safety impacts on surrounding businesses and residences. B. It is therefore the purpose and intent of this Chapter to regulate the operations of entertainment establishments in the interests of public safety. All permittees will be held responsible for controlling patron conduct in and around the establishments, making adequate provisions for security and crowd control, 5 protecting the City's youth from criminal activity and for minimizing disturbances as a result of providing entertainment at the premises of the establishment. C. It is further the intent of this Chapter to provide options in imposing regulatory conditions tailored to the particular establishment which will allow the business or event to flourish while meeting the City's public safety needs and avoiding unnecessary restrictions on existing businesses or organizations with a history of compliance with the City laws. Section 10.78.020 Definitions. For purposes of this Chapter, the following definitions shall apply: A. "ABC License" means a license issued by the California Department of Alcoholic Beverage Control for the sale or consumption of alcoholic beverages. B. "Admission Charge" means any fee or charge for the right or privilege to enter any place of entertainment including a minimum service charge, event charge, cover charge, charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or any person providing entertainment. C. "Conditional use permit" means a permit issued by the city pursuant to chapter 18.116 in determining conditions related to the operation of public premises. D. "Dance and dancing" means movement of the human body, accompanied by music or rhythm. E. "Entertainment" or "live entertainment" means any single event or series of events open to the public and conducted for guests or patrons, including but not limited to: (1) Presentations by single or multiple performers, such as singers, musicians, hypnotists, pantomimes, comedians, musical song or dance acts, plays, concerts, any type of contest, sporting events, exhibitions, carnival, rodeo or circus acts, demonstrations of talent, shows, reviews, or any other activity which may be attended by members of the public. (2) Dancing to live orrecorded music. (3) The presentation of recorded music played on electronic sound equipment which is operated by an agent or contractor of the establishment, commonly known as "DJ" or "disc jockey." F. "Theater" or "cinema" means any commercial establishment showing films or regular theatrical performances, such as performances of literary compositions that tell a story that are given usually, but not exclusively, on a stage and with ascending row seating or some similar arrangement of seating. G. "Cabaret" refers to a premises defined in Section 18.04.113, and shall include an "adult cabaret" defined by Section 18.69.020 H. 6 Section 10.78.030 Entertainment permit —Required. A. Except as provided in this chapter 10.78, it is unlawful for any person to provide, allow or permit any entertainment in an establishment or cabaret open to the public without a police permit. B. The restrictions and regulations imposed by this chapter on patron conduct shall also apply to adult cabarets and other adult oriented entertainment establishments, violation of which may also result in suspension or revocation of a permit issued under Chapter 10.73. C. This chapter shall apply to existing and new establishments as provided in Section 10.78.140. Section 10.78.040 Exemption from the permit requirement. The following types of entertainment and events. are exempt from the permit required by this chapter. This exemption does not relieve any establishment from complying with all other applicable laws, including noise control regulations contained in Title 12 of this Code. A. Entertainment sponsored by any public agency, board of education, or any political subdivision of the State of California. B. Entertainment sponsored by any non-profit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is youth activities and child welfare. If the event is a dance, the following requirements must also be met in order for the exemption to apply: (1) No person eighteen years of age or older shall be admitted as a guest, unless as a bona fide student or member of the sponsoring agency or organization; (2) No alcoholic beverages shall be served, consumed or permitted on the premises; (3) Chaperones from the sponsoring agency must be present on the premises at the rate of two adults at least twenty-five years of age or older for every one hundred guests; and (4) The event shall finish by 12:00 a.m. and the premises and the adjoining parking lots shall be promptly vacated by all the guests. C. Events conducted under a "Special Event Permit" issued pursuant to Chapter 15.60 which imposes conditions within the permit related to the entertainment. D. Entertainment at any establishment limited solely to the playing of a radio or sound system, music recording machine, juke box, television, or recorded music, including karaoke, provided no dancing is allowed or permitted; E. Entertainment not open to the public that is provided for members and guests at private clubs having an established membership with regular dues, the operation of which is not primarily for monetary gain; F. Entertainment for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge. G. Entertainment conducted in connection with a regularly established recreation or theme park; 7 H. Entertainment conducted or sponsored by any club, organization, society or association which is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3), when all proceeds, if any, generated from the entertainment are used exclusively for the benevolent purposes of such club, society or association; I. Performances by students that are part of a curriculum or program at educational institutions defined by the Education Code; J. Theaters; K. Motion picture theaters or cinemas not providing live entertainment; L. Dance lessons, theatrical and performing arts lessons; M. Book readings, book signings, poetry recitations, and similar entertainment, including plays, consisting only of spoken words, or with incidental music; N. Political fund-raisers; O. Entertainment at cabarets consisting of ambient electronic or incidental music provided for the guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, guitarist or band. If, however, there is an admission charge required to observe or listen to such entertainment, it will not be considered ambient or incidental. P. Any establishment, venue or assemblage of 49 persons or less, as restricted under a maximum occupancy load for the premises, provided that all the following conditions exist: 1. There is no admission charge; 2. The premise is not licensed for the sale or consumption of alcoholic beverages; 3. Customer dancing is not allowed. 4. Any entertainment ceases between the hours of 2:00 a.m. and 6:00 a.m. Section 10.78.050 Hours of operation. All entertainment establishments subject to this chapter must be closed and all patrons must vacate the premises between 2:00 a.m. and 6:00 a.m. Section 10.78.060 Disorderly patron conduct. The responsible person shall make reasonable efforts to remove from or prevent the admission to the premises of any person whose conduct is or would be in violation of Penal Code Section 415 (fighting, loud noise, offensive words in public places) or Section 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. Section 10.78.070 Reasonable passageway —Required. It is unlawful for any responsible person to fail to provide a reasonable passageway, which passageway shall not be less than six (6) feet in width through any part of a room used by patrons and entertainers for their ingress and egress. This section is regulatory only. 8 Section 10.78.080 Observation of noise abatement and control laws — Required. The responsible person shall observe all laws applicable to noise abatement and control contained in Title 12 of this Code. When applicable, a regulated premise may be required to reduce the sound level of music to a designated decibel level - notwithstanding the allowance under title 12 of a higher decibel level limit - within one hour prior to closing time in order to minimize noise behavior of patrons upon departure. This section is regulatory only. Section 10.78.090 Disorderly conduct within 100 feet —Prohibited. The responsible person shall control the conduct of patrons so as to prevent or minimize noisy patron behavior and disorderly or unlawful conduct upon the establishment and within one hundred (100) feet of the establishment. Unlawful conduct includes solicitation for acts of prostitution or sales of narcotics and other controlled substances. The responsibility for patron conduct shall also extend for a distance of one hundred (100) feet from any other incidental property used or leased by the regulated premise for parking. Noisy patron behavior shall include yelling, shouting or loud talking that disturbs two or more adult occupants of residential structures within one hundred (100) feet of the regulated premises or any incidental property used for parking after 10:00 PM nightly, even if such conduct is not otherwise unlawful. Distance shall be measured in a straight line from the boundary of the regulated premise or incidental property. This section is regulatory only. Section 10.78.100 Orderly dispersal —Required. The responsible person shall cause the orderly dispersal of individuals from the establishment at closing time, and shall not allow any patrons to congregate within 100 feet of the premises. This section is regulatory only.. Section 10.78.110 Restrictions on alcoholic beverage on premises. No person shall bring or be allowed to bring or possess an alcoholic beverage in premises regulated under this chapter unless allowed by the permittee's ABC license. This section is regulatory only. Section 10.78.120 Authority of police officer where there is immediate threat to public safety. A. A police officer may require a permittee or other responsible person to immediately cease operations and disperse all patrons for the remainder of its daily operation whenever disorderly conduct by patrons reaches a magnitude that presents an immediate threat to the public safety and well-being of patrons or general public in the vicinity. B. It is unlawful and a misdemeanor for any person to fail to comply with any directive issued by a police officer under the authority of Section 10.78.120(a). Violation by a responsible person of a regulated premise shall also constitute grounds for revocation or suspension of the permit. 9 Section 10.78.130 Conditions imposed on entertainment permits. A. The chief of police may impose conditions relating to the operation of the entertainment on the permit. Conditions may require or relate to: 1. The days, hours and location of operation; 2. Separate entrances, exits, and restroom facilities on the premises, or similar restrictions designed to prevent minors from obtaining alcohol; 3. Age restrictions on minors allowed on the, premises; 4. Hiring and numbers of licensed security guards; 5. Advance notification being given to the Chief of police of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; 6. In consultation with the planning director or building and safety director, use of sound insulation or acoustic barriers and measures designed to minimize sound disturbances to surrounding premises; and, 7. Other conditions reasonably related to public safety and welfare. B. Conditions shall be based on specific facts or events reasonably related to insuring public safety, including the protection of minors from alcohol and other criminal activity. C. Conditions will be listed on the permit. D. The Chief of police shall consider the appropriateness of the conditions as they may affect other lawfully permitted activities on the premises. E. No conditions shall be imposed that conflict with any local, state or federal law or the permittee's ABC License. F. Notwithstanding Section 10.78.130 A, if the applicant has an ABC license or a conditional use permit issued since January 1, 2002 upon which the chief of police has had meaningful input in determining conditions on the permit related to the operation of the entertainment, including the ages of the patrons, and there has been no change in or violations regarding the manner or type of entertainment offered, those conditions will also be the conditions of the police permit issued under authority of this chapter. Nothing in this subsection is intended to prevent the Chief of police from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47, and various club licensed premises) with reasonable conditions placed on the permit to prevent curfew violations and protect the minors from alcohol and other criminal activity. G. Unless otherwise stated on the permit, a permit's conditions are subject to modification (1) at the time of renewal of the permit at the request of the permittee, (2) in conjunction with a modification of the same conditions on an ABC license or conditional use permit, or (3) at the time of renewal by the Chief of police based on demonstrated experience at the regulated premises. At the time of renewal, the Chief of police may order the removal or modification of any condition. Nothing in Sections 10.78.130 F or G is intended to prevent the Chief 10 of police from modifying any condition in conjunction with regulatory action taken against the permittee pursuant to Chapter 10.70. H. Issuance, imposition, suspension or revocation of any particular condition or permit is appealable through the procedures set forth in Chapter 10.70. I. Conditions may not be imposed to suppress or regulate speech in any manner contrary to the First Amendment. Section 10.78.140 Issuance and duration of permit. A. With the exception of a permit that is issued for a single event, any public dance, cabaret, or commercial recreational assemblage permit issued on or before the effective date of this ordinance shall be valid for one year from the date it was issued, subject to the conditions or restrictions existing at the time it was issued. Renewal applications shall be submitted to the chief of police in accordance with Chapter 10.70. The chief of police may impose conditions on a renewal permit in accordance with this chapter. The chief may modify the application process to eliminate requirements that are redundant or irrelevant to a particular premises or its operation. All new permits and renewal permits shall remain valid until revoked, suspended, cancelled by the permittee, or until a change in ownership occurs. Permits shall not be assigned without the express authorization of the chief of police; unauthorized assignment shall automatically void the permit. B. The provisions of this chapter shall be applicable to all entertainment establishments currently doing business in the city. Existing establishments that are not covered under Section 10.78.140A shall make application for a permit within sixty (60) days following the effective date of this chapter. Section 10.78.150 Effect of revocation or suspension of entertainment permit. Police permits issued under this Chapter 10.78 are separate from and independent of any conditional use permit that is required or issued under the provisions of title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that those same or similar terms and conditions may be applicable to both. Revocation or suspension of an entertainment permit shall affect only the authority of the establishment to provide or allow entertainment or dancing at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. Section 4. That Title 10, Chapter 10.79, Section 10.79.110 be amended to read as follows: Section 10.79.110 Exemptions. This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other 11 professionals who are licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code. B. Nurses and other health care professionals who are registered or licensed under the laws of this state and administer a massage in the normal course of professional health care duties. C. A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete. D. Barbers and beauticians duly licensed under the laws of the state who administer a massage in the normal performance of their profession. E. Therapeutic massage administered in or under the auspices of any health facility, hospital or other establishment licensed under California statutes in which the above -described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision. F. Any bona fide athletic club which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section. PASSED and ADOPTED this day of , 2003. ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor 12 City of National City, California COUNCIL AGENDA STATEMENT :AEETING DATE ,March 18, 2003 SECOND READING 18 AGENDA ITEM NO. (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 Rudolf Hradecky, Es EPARTMENT City Attorney f��" EXPLANATION Ext. 4222 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. ( 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 Riqht, 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 pursuantto 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 10.19.080. 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: n#444.: lac George H. Eiser, Ill City Attorney Nick lnzunza, Mayor 4 OLD BUSINESS 3/18/03 ITEM #19 MEMORANDUM City Manager's Office - National City DATE: March 13, 2003 TO: Mayor and City Counc FROM: Park Morse, ACM RE: STUDENT REPRESENTATIVE ON THE CITY COUNCIL CC: The attached background document was provided to the City Council by Councilmember Natividad for the March 4, City Council meeting. Some changes were offered at the meeting and others have since been discussed briefly by a Council sub -committee composed of Councilmembers Parra and Morrison. There was consensus at the March 4, City Council meeting to move forward. To keep the process moving, it is suggested the City Council consider the following actions at the March 18, City Council meeting: 1. Affirm its decision to move forward with the program; 2. Encourage Sweetwater High School students to consider the position in forthcoming ASB elections; 3. Affirm that the position would report to the Vice -Mayor in dealings with City departments; 4. Paragraph IV.E talks about the term being "...one calendar year, commencing after his/her election." This would seem to mean that an ASB member elected this month would only serve through this December. Is this the desire? 5. It was offered at the last meeting to delete Paragraph IV.F regarding payments/reimbursements. Is this the Council's desire? If so, would you like to retain the last sentence, "However, the School District should provide educational credits for his/her participation." file: .doc If the City Council could clarify/affirm these points, the program can move forward. The program doesn't necessarily have to return to the City Council unless the Vice Mayor sees other issues that need to be addressed. 2 ITEM # 18 3/4/03 Proposal from Councilman Natividad for a student representative on the City Council Student Member In addition to the Mayor and four City Councilmembers otherwise prescribed, the the Mayor and City Council shall include one student board member or designated alternate student board member with the right to attend all council meetings except closed sessions. A. Students, especially those of high school age, can make valuable contributions with their view and input to the actions and decisions the City Council acts on/or upon. B. Students having a sense of identity with our City will also have a sense of responsibility for and obligation to insure that the youth have a voice in the actions of the Mayor and City Councilmembers. II. Alternate Delegate The City Council shall recognize the student member or designated alternate student member on an equal basis for discussion purposes at all council meetings. Ill. City Manager to Develop Regulations The City Manager shall formulate such regulations as necessary to implement this policy IV. Responsibilities and Election of Student Board Member and Designated Alternate Student Board Member A. The student board member and designated alternate student members shall be elected in the general ASB election. B. The student member and designated alternate student member shall be elected and appointed in accordance with procedures outlined in the student board member job description. (Exhibit 1, Article II) C. The role and responsibilities of the student member and the designated alternate student board member shall be as defined in the aforementioned job description. (Exhibit 1, Article I) D. Subsequent to consultation with National City students, the student member or designated alternate student member may exercise his/her input on agenda items dealing with all categories placed on the docket agenda. 1. All input shall be defined as a formal expression of opinion. E. The term of the student board member and designated alternate student member shall be one calendar year, commencing after his/her election. F. The student board member or designated alternate student member shall be provided the same travel allowance and reimbursement for out-of-pocket expenses incurred in meeting responsibilities of the position. Members shall not receive compensation to which regular members may be entitled for attendance at meetings. However, the School District should provide educational credits for his/her participation. V. Office Support A. The City Manager's office shall provide to the student member or designated alternate student member full and complete agendas and copies of any materials received by the Mayor and Council, except for those materials covered in closed session and any other confidential materials. B. The Mayor and City Council shall provide a desk as the "home office" for the student member and designated alternate student member and his/her secretary where they may make use of secretarial facilities. C. The Mayor and City Council's office shall act as an advisory source for the questions and concerns of the student member and shall have access to every department in the city for the same purpose. Exhibit 1 JOB DESCRIPTION AND SELECTION OF STUDENT MEMBER AND DESIGNATED ALTERNATE STUDENT MEMBER Article I. Job Description: Student Member and Designated Alternate Student Board Member 1. The student member and designated alternate student member must be a senior in high school 2. The student member or designated alternate member shall act in ex- officio capacity to the National City City Council. 3. The student member or designated alternate student member shall report to the Vice Mayor and Council on all matters on Council docket. 4. He/She shall attend and represent the views of the majority of the youth at all council meetings. 5. He/She can participate with other Councilmembers at all conventions, conferences and City functions attended by regular Councilmembers. 6. The student member can participate in meetings immediately following his/her selection as student member, but no later than July 1. 7. The student member shall appoint a person enrolled in the Sweetwater Union High School to act as his/her secretary. Article II. Section 1. The student member and the designated alternate student member shall be elected by the SU-HI students at their regular ASB elections. 2. The school may submit as many nominees as they wish, other than the Associated Student Body (ASB) members -elect, for the position. Article III. Vacancy 1. Upon resignation of the student member or upon recall by the ASB on a two-thirds vote, the position is declared vacant. 2. Upon resignation of the student member the designated alternate student member shall move into the student council position. An election shall be held by the ASB officers to determine a new designated alternate student board member for the remainder of the school year. 3. Article IV. Qualifications 1. The school district must determine and supervise the students' eligibility. A01,td 4.- ,tEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 18, 2003 AGENDA ITEM NO. 20 (ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR CLASSROOM FACILII1hS IN THE SOUTHPORT BUSINESS CENTER AT 404 MILE OF CARS WAY (APPLICANT: RAYMOND UZETA, CHICANOt FEDERATION) (CASE FILE NO. CUP-2002-23) A°" PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION The project is in the Southport Business Center, located at the southwest corner of Mile of Cars Way and Hoover Avenue, in the CT-PD (Tourist Commercial -Planned Development) zone. The 6.5 acre center includes several buildings with approximately 60,894 square feet of floor area and 312 parking spaces. Uses include offices and service businesses, as well as several restaurants. The Chicano Federation seeks approval to use a 1,300 square foot suite near the middle of the center as a training facility. The Federation is a non-profit organization providing housing, employment assistance, senior assistance, and counseling to San Diego County residents. They have several offices located throughout the region, including administrative offices in the Southport Business Center, near the proposed classroom facility. The classes are intended to teach students how to operate and obtain licensing for their own home -based child daycare business. Only three to five classes are held each year, with approximately 30 students each time. Classes meet four times a week for eight weeks; times are from 8:30 A.M. to noon on Monday and Wednesday, and from 3 P.M to 7 P.M. on Tuesday and Thursday. The Planning Commission held a public hearing on this item at their February 3, 2003 meeting. There was no opposition to the proposal. Commissioners determined that available parking in the center was sufficient to accommodate the training facility and voted unanimously to approve the project. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted unanimously to approve the Conditional Use Permit. ATTACHMENTS ( Listed Below } Resolution No. I 1. Planning Commission Resolution No. 3-2003 2. Location Map A-200 l9 99f 3. Site photos 4. Reduced site plan RESOLUTION NO. 3-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR CLASSROOM FACILITIES IN THE SOUTHPORT BUSINESS CENTER AT 404 MILE OF CARS WAY APPLICANT: RAYMOND UZETA, CHICANO FEDERATION CASE FILE NO. CUP-2002-23 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for classroom facilities in the Southport Business Center at 404 Mile of Cars Way at a duly advertised public hearing held on February 3, 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. CUP-2002-23, 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 February 3, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the roughly 1,300 square foot classroom is sufficient in size to service the 30 student class size. 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 a limited number of vehicle trips are expected and the site is served by Mile of Cars Way, an arterial street designed to handle a high volume of traffic, and since the site is also served by the nearby 24th Street Trolley Station and bus routes along Mile of Cars Way and National City Boulevard. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since there is sufficient parking available during proposed class times. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the operation trains child daycare providers to meet the growing demands of the community. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a child daycare training facility in the Southport Business Center. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. CUP- 2002-23, dated December 5, 2002. 2. 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. 3. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 4. 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 March 3, 2003, by the following vote: AYES: FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: SALUDARES, ALVARADO CHAIRMAN 0 SITE PHOTOS Proposed classroom, looking west from adjacent parking 10 404 Mile of Cars Way, proposed classroom located near the middle of the building INTERSTATE 5 T r1111 1111111 IT 1 liIW 1 111 1111 I NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2002-23 DATE: 12/5/2002 Ii1li -r '11 li 11 111 IIII I 2626 SOUTHPORT 702 SOUTHPORT 1 I I I SOUTHPORT WAY A B 1 2700 HOOVER 2602 HOOVER IIIIIIH Ilflllir f1 :" 1 �iillll;l[j I- INTERSTATE 5 Iflilllilllilll.!IiiIiIIJII[I 1111111 1 IIIIIII 111 1 HI 2530 SOUTHPORO 111 1111 L 11 Ii1-l-1i111 1 III1J11' nI W-1 j 2525 SOUTHPORT 1;lrii111111 111 A - 303 W. 26TH 2500 HOOVER— " "I' �I1111i1 111'Ir 2520 HOOVER HOOVER AVENUE SOUTHPO RT INDUSTRIAL/ COMMERCIAL CENTER 2434 "' SOUTHPO_RTT U?f� i1 "Pao R sO Gws6t+norn 2424 HOOVER' I11iI A B c 2414 HOOVER A.4041i1lli.l it 11111IIIII Hilllllilr II MILE OF CARS WAY MEETING DATEMarch 18, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 21 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A DUPLEX BEHIND AN EXISTING HOME AT 720 I AVENUE (APPLICANT: DANIEL CONTRERAS) (CASE FILE NO.:CUP-2002-17) PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION The approximately 11,000 square foot project site, which is zoned Commercial General (CG), is comprised of 720 I Avenue and small portions of the adjacent properties at 705 and 715 Highland Avenue. The same person owns all three properties. There is an older one-story, single-family home at 720 I Avenue and another at 705 Highland Avenue. The applicant has proposed construction of a two-story duplex, with one unit upstairs and one downstairs, behind the home at 720 I Avenue. Each unit will be 800 square feet in size and have two bedrooms. The building will have a hipped roof and stucco finish, and will have a small second story balcony. The applicant has requested an exception to locate the duplex 11 feet from the home at 720 I Avenue, where Land Use Code requires 15 feet. There would be a four space parking lot on the adjacent properties to serve the duplex; it will be accessed from 7th Street. Over 3,600 square feet of open space will be improved for the residents use, and a two -car carport will be added to the home at 720 I Avenue. Planning Commission held public hearings December 2, 2002 and February 3, 2003 on this item. Other than the applicant, there was no public testimony at the hearings. Between hearings the applicant made changes to the plans to make the project more compliant with Land Use Code requirements and to make it more compatible with existing development. Commissioners also considered how the proposal would tie in with future development of all three of the owners properties. Environmental Review X N/A Exempt Financial Statement N/A Approved Byt Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Vote: Ayes -Flores, Baca, Martinelli, Reynolds, Graham Abstain: Saludares, Alvarado ATTACHMENTS 1 Listed Below 1 Resolution No. 1. Planning Commission Resolution No. 2-2003 4. Site Plan, Floor Plan and Elevations 2. Location Map 3. Site Photos A-200 (9 99 ) RESOLUTION NO. 2-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A DUPLEX BEHIND AN EXISTING HOME AT 720 I AVENUE APPLICANT: DANIEL CONTRERAS CASE FILE NO. CUP-2002-17 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application to construct a duplex behind an existing home at 720 I Avenue at a duly advertised public hearing held on December 2, 2002, and continued to the meeting of February 3, 2003 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff reports contained in Case File No. CUP-2002-17, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings; 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 hearings held on December 2, 2002 and February 3, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 15,625 square foot lot is large enough to contain the proposed duplex and the two existing single-family homes, including the provision of adequate useable open space and parking. 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 duplex will generate fewer trips than commercial uses allowed on the property, and since the collector streets have sufficient capacity to handle the limited number of trips the proposed use will generate each day. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the scale of the proposed development is consistent with the scale of existing development in the area and maintains adequate setbacks. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposal will create additional residential rental on two properties that could be developed for commercial use. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes construction of a duplex and associated site improvements, with an exception for less than Code required separation between the proposed duplex and the existing home. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Sheets A-2 and A-3 of Exhibit A-2❑d Revision, Case File no. CUP-2002-17, dated 11/15/2002, and Exhibit B, Case File no. CUP- 2002-17, date 1/16/2003. 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. 3. A trash enclosure shall be provided in accordance with city standards. It shall have an exterior to match the buildings on the property. 4. A fence shall be constructed around the proposed parking lot to separate it from the single- family home at 705 Highland Avenue and the vacant property to the west of the lot. 5. Security lighting in the proposed parking lot shall be provided. 6. The applicant shall have a parking agreement recorded for the use of four parking spaces at 705 Highland Avenue by the occupants of the duplex at 720 I Avenue. Additionally, the applicant shall provide evidence of an access and open space easement for the use of the driveway and open space areas on 705 Highland Avenue by the occupants of the proposed duplex, as shown in Exhibit B, Case File no. CUP-2002-17, dated 1/16/2003. 7. 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. 8. 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 City requirements. 9. 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. 10. For P.V.C. 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. 11. 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. 12. A permit shall be obtained for all improvement work within the public right-of-way, and the grading construction on the private property. 13. All missing street improvements, 62.5 feet of gutter and 20 feet of driveway, shall be constructed in accordance with City standards. 14. Proposed driveway improvements shall be constructed within the frontage of the property. 15. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 16. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 17. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 18. 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. 19. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 20. 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 March 3, 2003, by the following vote: AYES: FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: SALUDARES, ALVARADO CHA AN ZONE BOUNDARIES PROJECT LOCATION CUP-2002-17 720 I Avenue i U LOCATION OF PROPOSED DUPLEX IN THE REAR YARD OF 720 I AVENUE NATIONAL Cli Y PLANNING DEPT. EXHIBIT B CASE FILE NO. CUP-2002-17 DATE: 1/16/2003 PROJECT REPRESENTATIVES NALARIO waaax AAG{RLT: Dnaa fLM1111140 di FOAM Ms OA1..4 v4T4 CA TAW CONTACT. cove. caTM1Nu0 NSAO-M90 PROJECT DATA LEGAL DESCRIPTION: TV! 40/11.1 OCYYP OP LOTS IWP AN, 14 N PLOCTC D. Q @eDNWaI CT ZO AGe LOT M N GWNCS 4 1 4IN OI:**CYO 0i LA N43I04 N M CRY Q MATIGUL CITY, COIRT 0. 0A01 CCM 0TA1! CP CALI014044CCN10*C TO MAP Tfwaa NO. AC. IX NNOM° GOlRT. COM T. WX OF ASSESSOR'S PARCEL: SITE ADDRESS. BUILDING AREAS LOT W NAAMOCO TIONAL ONT. CA <ROO PNIVATi G'RL SPA= MTLII OM. MICAS pPCI011110 ].i611=N 1BiTN ] urn) 2-C6NCCN INN w R-t6I13G'1 INT It) IOTA. NWTAX.! IPA= ART 014134 &olrfl T O) l Arie ea PT. N AGRO SOFT. 40 Ba Pr. NM SO PT.. XY CA FT. LLb Bn Ft 11100 SOFT. Ts PT. X BO PT. 44 A9 PT. TOTAL 000T. T PCA)COIL MMiTA®L! ON 40.14f. KOORtlMA MTV ALLCWYi NM. OCTAL NWMlLL.OB0 tv LOT LAW AR ACTUAL ROYTNCgM0411b A1<Y tOT MO 344 ACIM. PAIRCIOtar INIOVCm. ACT i OTROIIII f w,ALVBNYT) GENERAL NOTE I. memo TO alO VD 1.14110 CO111-TXt UM OCT' SJLATIC M 2 1.1401.,010411 TO LOCATA RA10GY TO ACPIACI�I�N!TTLiO➢T fGOV 0Qllc L1MLAitPAZIL TO I1lGIA'M1AQ iiATIXN 4I IILO KKR NTMATICN !l11lR1 paDNY 1310,11 VICINITY MAP NOT TO BCALB I ° AVENUE PARTIAL SITE PLAN WALE WNW. cvlmi CN OMOf MM-02 1-1.K9 n j.r ) rR 00-140] WA 0 Z 1 3 gi fib as it1 �6 a? 414 A g I - AVENUE '.° yy = ik 'I' AVENUE ADDITION NAZARIO MApRICsAL A 9 lrnc Am FUTUf MASTER SFTE PLAN t NOTES DANIEL ?ONTRERAS ili, •RCHITEVT 9i F➢IR9H AVENUE [MLA VISTA. CALIF, TFLEPIRIE 16{9l 91910 429-6690 S FIRST FLOORPLAN (EAST SIDE) eca.a w+r•o 4X10 Lmaee eaea�•Y GG� Deerw ]x 6P1D A LEDGER DETAIL ecai r . Y•O' OTRELLIS DETAIL NTE SECOND FLOORPLAN (EAST SIDE) WAX V.V.T•le Cr)FOUNDATION DETAIL xxer•ra 04054-01 P•14-W J Q Ui Qa oz 4 '-O IIVOccr 4e'i+�ou' w ,47 2 Lt. DIS r- 'I' AVENUE ADDITION NAZARIO MADRIGAL N7, LANDSCAPE 4 IRRIGATION PARTIAL SITE PLAN SEVENTH ST. DANIEL CONTRERAS ARCHITECT HIS FOURTH AVENUE DELA VISTA G{Jf 91910 T EFIQ1E W9) 1E os% wry C c E w � arrRwlrar ��... r am: rirrrrgrrwrt� . _AiNssWNlfaMl■ lauaaMAYIN ON -+i�w.e.rr.wBAMO• ilrAA EAST ELEVATION SCALE 1M• , r.e. /ras srsas• C1. rsias ■..e.em, /Nlill=:-T1■awreislw RO- ariarlaeeafee ,.--r-Felesrlisrls w.• 0 /.11lel HelRre AaAlleespsarefa,. +•_ lRA rratlllA•ellafr fie0allee0tlNarlr •..® Ad AsYlsilrslsaalss , raafaelaHaraefa••••■1w. la_ WEST ELEVATION IIC141 W' I. K:T NOTES Q1 AzimAla e*1U (CLA00 •A') nG CILICCQ ~PFD 9x ASCO vaa awe- 0 KW. RUM MOM PETAL BEf plOsel. GARAGE DOOR d NCOP MADE liNr,hY� YAeI04121 fink MTh ESSECEECIESZit PAPERED CP 121 -moo FP SOU746 ELEVATION 6CALE ua• • r.a llrieelararew. /ati=12 arllra• .e Gl' .iil1fu11rrar �isrsasesusa■ ririeeSW fiWlRlrelrlarl rlarrlealrl\ ,.Iierrlruunaa _eflaft1110alusrru► NORTH ELEVAT! ON SCALE 1•0 . l'AP • ® Carl. ARAN AIR ANT, Gq.YNVIZD OMIT Q I EfA RT. ARM YPM wr. aev -3 City of National City Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 NICK INZUNZA - MAYOR ITEM #22 3/18/03 TO: City Council DATE: March 13, 2003 FROM: Mayor Inzunza SUBJECT: Mayor's Blue Ribbon Commission As you recall, the Mayor's Blue Ribbon Commission was originally discussed at the City Council workshop meeting last month. I have asked that this item be placed on the March 18 City Council agenda in order for me to obtain Council authorization to accept resumes from prospective members of the Commission. Nick lnzunza Mayor Recycled Paper March 17, 2003 MEMORANDUM TO FROM SUBJECT City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 City Manager Personnel Dire�tpr., EMPLOYEE OF THE MONTH PROGRAM ADDED ITEM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding 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. The employee selected by the Library department to be recognized for the month of February, 2003 is Laura Sanchez, Library Technician (nomination attached). Ms. Sanchez has been invited to attend the Council meeting of March 18, 2003, and be recognized for her achievements and service. RCD:vr Enclosure ® Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Laura Sanchez for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not exceed 150 total words. Please be as specific as possible when giving your examples. Laura Sanchez has worked at the National City Public Library since 1983. During the almost 20 years that she has worked at the Library she has worn many hats. Starting her City career as a supervisor of the Audio -Visual department, she has variously worked in Circulation, Technical Services and Acquisitions. In 1983 the Library was beginning to automate the library's catalog and circulation system. Ms. Sanchez became our expert on computer issues and in the intervening 20 years, she has continually updated her technology skills and provides the technical support that allows the Library to function at a high technological level. Ms. Sanchez is versatile, and provides extremely valuable back up support for other library positions. Her can -do attitude is of considerable motivation to all levels of staff. Ms. Sanchez is pleasant and friendly and works harmoniously with staff and patrons. She deals tactfully with both lower and higher authority, and as a result is regarded as a leader by her peers. She always encourages the employees she supervises, correcting without criticizing. Ms. Sanchez is deserving of National City's Perfotrnance Recognition for February 2003. FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Personnel Director Nominated by: Signature: Anne Campbell NC PersDept Form 2003 Date: February 2003