HomeMy WebLinkAbout2010 04-20 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council /
Community Development Commission of the City of National City
Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Regular Meeting - Tuesday — April 20, 2010 — 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 and Community Development Commission (CDC) 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/Executive
Director any matter that you desire the City Council or Community Development Commission Board to
consider. We thank you for your presence and wish you to know that we appreciate your involvement.
ROLL CALL
Pledge of Allegiance to the Flag by Mayor Ron Morrison
Public Oral Communications (Three -Minute Time Limit)
NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be
brought back on a subsequent Council or Community Development Commission Agenda unless they are of a
demonstrated emergency or urgent nature.
Upon request, this agenda can be made available in appropriate altemative formats to persons with a disability in
compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to
request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable
the City to make reasonable arrangements to ensure accessibility to this meeting.
Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio
headphones are available in the lobby at the beginning of the meetings.
Audio interpretacion en espariol se proporciona durante sesiones del Consejo Municipal. Los audiofonos
estan disponibles en el pasillo al principio de la junta.
Council Requests That All Cell Phones
And Pagers Be Turned Off During City Council Meetings
COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES
MAY OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
4/20/2010 - Page 2
PROCLAMATION
1. Proclaiming April 24, 2010 as: "CHILDREN'S DAY"
PRESENTATIONS
2. Employee of the Month of March 2010 — Victor Uribe, Park Supervisor (Public
Works). This presentation was rescheduled from the meeting of March 16,
2010.
3. Employee of the Month of April 2010 — Rosie Machado, Executive Assistant
(Police Dept.)
4. National City Fire Department Cost Recovery Program. (Fire)
CITY COUNCIL
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.
5. Approval of the Minutes of the Regular City Council/Community Development
Commission Meeting of March 2, 2010. (City Clerk)
6. Approval of a motion to waive reading of the text of the Ordinances considered
at this meeting and provides that such Ordinances shall be introduced and/or
adopted after a reading of the title only. (City Clerk)
CITY COUNCIUCOMMUNITY
DEVELOPMENT COMMISSION AGENDA
4/20/2010 - Page 3
CONSENT CALENDAR (Cont.)
7. Resolution of the City Council of the City of National City authorizing the
acceptance of grant award and funds of up to $286,818. Grant reimburses
$262,718 for two years salary and benefits, up to $18,600 for the purchase of a
vehicle, and $5,500 for vehicle maintenance for two years from the San Diego
Regional Border Violence Task Force. An additional amount of up to $16,903
per year for overtime for the officer will be reimbursed by the FBI Violent Crimes
Task Force -Gang Group. (Police)
8. Resolution of the City Council of the City of National City approving the
application for grant funds for the Urban Greening Grant Program under the
Safe Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006 (Proposition 84) not to exceed $1,654,524
for the purpose of implementing the Westside Specific Plan through Paradise
Creek Park Improvements and Habitat Restoration. (Community
Development/Housing and Grants Division)
9. Resolution of the City Council of the City of National City establishing additional
appropriations in the Unemployment Insurance Reserve Fund in the amount of
$45,000. (Human Resources)
10. Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with the National City Depot (aka San Diego Electric
Railway Association, Inc.) for the donation of scrap railroad track and ties.
(Development Services//Engineering)
11. WARRANT REGISTER #38
Warrant Register #38 for the period of 03/17/10 through 03/23/10 in the amount of
$1,745,566.67. (Finance)
12. WARRANT REGISTER #39
Warrant Register #39 for the period of 03/24/10 through 03/30/10 in the amount
of $191,170.03. (Finance)
CITY COUNCIUCOMMUNITY
DEVELOPMENT COMMISSION AGENDA
4/20/2010 - Page 4
PUBLIC HEARING
13. Public Hearing to consider adoption of an Interim Ordinance of the City Council
of the City of National City pursuant to Government Code Section 65858 as an
urgency measure to take effect immediately, extending for 10 months and 15
days a moratorium prohibiting the issuance of massage technician permits and
prohibiting new massage establishments from locating within the City of
National City. (City Attorney) **Companion Item #14**
URGENCY ORDINANCE FOR ADOPTION
14. An Interim Ordinance of the City Council of the City of National City adopted
pursuant to Government Code Section 65858 as an urgency measure to take
effect immediately, extending for 10 months and 15 days a moratorium
prohibiting the issuance of massage technician permits and prohibiting new
massage establishments from locating within the City of National City. (City
Attorney) **Companion Item #13**
ORDINANCES FOR ADOPTION
15. An Ordinance of the City Council of the National City amending Title 7 of the
National City Municipal Code by adding Chapter 7.34 pertaining to shopping
cart containment. (City Attorney)
16. An Ordinance of the City of National City amending Title 7 of the National City
Municipal Code by adding Chapter 7.35 pertaining to accepting recyclable items
from shopping carts. (City Attorney)
17. An Ordinance of the City of National City amending Title 9 of the National City
Municipal Code by adding Chapter 9.37 pertaining to the sale or distribution of
Salvia Divinorum or Alvinorin A to people over the age of 18 years of age. (City
Attorney)
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 10.15 pertaining to
aggressive solicitation. (City Attorney)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
4/20/2010 - Page 5
NEW BUSINESS
19. City Council Vacancy. (City Attorney)
20. City Councildetermination regarding timetable for impasse resolution by
mediation. (City Attorney)
21. Community Budget Workshop (s). (City Manager)
22. Proposal to update the 1996 Historic Resources Survey as part of the
comprehensive General Plan Update. (Community Development)
23. Request to use the Martin Luther King, Jr. Community Center by Mana San
Diego for their annual "Dia De La Mujer Latina Health Festival" on Saturday,
May 1, 2010. No waiver of fees. (Community Services)
24. Request to use the Martin Luther King, Jr. Community Center by Sweetwater
High School for their awards ceremony on Tuesday, May 25, 2010. No waiver
of fees. (Community Services)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
25. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $155,188.36 to the City of National City for the
period of 03/17/10 through 03/23/10. (Finance)
26. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $52,482.60 to the City of National City for the
period of 03/24/10 through 03/30/10. (Finance)
STAFF REPORTS
27. Closed Session Report (City Attorney)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
4/20/2010 - Page 6
MAYOR AND CITY COUNCIL
ADJOURNMENT
Regular City Council and Community Development Commission Meeting -
Tuesday — May 4, 2010 - 6:00 p.m. - Council Chambers - National City,
California
ITEM #2
4/20/10
RE -SCHEDULE OF MARCH RECOGNITION
MEMORANDUM
April 7, 2010
TO Chris Zapata, City Manager
FROM Stacey Stevenso . '!+.. an Resources Director
SUBJECT EMPLOYEE 1 ' E MONTH PROGRAM
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 Public Works Department to be recognized for the
month of March 2010 is Victor Uribe, Park Supervisor. Victor has been re -invited to
attend the Council meeting of Tuesday, April 20, 2010 and be recognized for his
achievements and service.
xc: Victor Uribe
Joe Smith, Public Works Director
Dionisia Trejo — Mayor/Council Office
Josie Flores -Clark — Confidential Assistance
Human Resources — Office File
SS:lgr
Performance Recognition Program (3) Human Resources Department
140 E. 12th Street, Suite A, National City, CA 91950-3312
619/336-4300 Fax 619/336-4303 www.nationalcityca.gov
City of National City
Performance Recognition Award
Nomination Form
Inominate Victor Uribe, Park Supervisor, Park Divison, Public Works
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 to exceed 150 total words. Please be as specific as possible when giving your
examples.
Victor was hired as a Park Caretaker in 1994 and has been promoted
several times throughout his career with the City of National City.
Previously he has held the positions of Senior Park Caretaker and
Equipment Operator and is currently the Park Supervisor.
Victor has proven himself as the "go to" guy in Public Works, Park
Division by his willingness to assist anyone in the Public Works
Department and other city depax-tments.
Victor cares about the staff he supervises, is a team player,
respected and well —liked by the Park crews.
On special events held at our city parks Victor works side by side
with the communit or anizers makin sure their events are successful.
He successfully resolves any unforeseen situation which may occur.
Victor is outstanding as a person and as a National City employee.
We recommend him for employee of the month
FORWARD COMPLETED NOMINATION TO:
National City Performance Recognition Program
Human Resources Department
Nominated by:
Joe Smith,
Signature:y(
Date: February 4, _ 2010
Director of Public Works
ITS+! #3
4/20/10
MEMORANDUM
- CALIFORNIA
TI
1NCOR:1ORATED
April 6, 2010
TO Chris Zapata, City Manager
FROM Stacey Stevens man Resources Director
SUBJECT EMPLOYE THE MONTH PROGRAM
The Employee of the Month Program communicates the City's appreciation for outstanding
performance. In doing so, it recognizes employees who maintain high standards of personal
conduct and make significant contributions to the workplace and community.
The employee to be recognized in April 2010 is Rosie Machado, Executive Assistant
By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, April
20, 2010 to be recognized for her achievement and service.
Attachment
cc: Rosie Machado
Chief Adolfo Gonzales
Sergeant Graham Young
Dionisia Trejo — Mayor/Council Office
Josie Flores -Clark — Confidential Assistance
Human Resources — Office File
SS:Igr
Performance Recognition Program (2)
Human Resources Department
140 E. 12t Street, Suite A, National City, CA 91950-3312
619/336-4300 Fax 619/336-4303 www.nationalcityca.gov
CA
I nominate
City of National City
Performance Recognition Award
Nomination Form
Rosie Machado
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 to exceed 150 total words. Please be as specific as possible when giving your
examples.
The three most important things we bring to work with us each day are "attitude, attitude and
attitude." A great attitude often makes a great employee, as with Rosie Machado. A positive
attitude makes all the difference and Rosie is constantly positive with citizens, fellow employees
as well as the staff. When dealing with challenges, Rosie is methodical in her planning and
execution of the task at hand, never once have I seen Rosie lose her composure during a critical
situation.
Executive Assistant Rosie Machado's background, organizational skills, experience and work
ethic has provided the Police Department with an array of the tools necessary to bridge many
gaps between the Community and the Police. Rosie has carried over her organizational and
"customer service" experience from working within the criminal justice system at the Los
Angeles Superior Court House and other Municipal agencies. In a day when customer service
has fallen by the wayside in most public and private enterprises, her compassion, empathy for
people's problems and willingness to fmd solutions to citizens' issues, speaks volumes of her
dedication to the Police Department and City.
Beyond completing her usual duties of arranging the Chiefs calendar and running a smooth
operational and logistical support for the 3rd floor or Administrative Division at the Police
Department, Rosie is heavily involved in special programs that help build permanent
relationships between the Police Department and the Community. These special programs
consist. of organizing and planning significant parts of the "Thanksgiving and Christmas Give
Aways" and employee/citizen recognition programs.
Rosie possesses a superior work ethic, presents a superior work product, exhibits teamwork
philosophy and exemplary leadership skills for her fellow coworkers to look up to, she is natural
choice for the Performance Recognition Program.
FORWARD COMPLETED NOMINATION TO:
Nominated by:
Signature:
National City Performance Recognition Program
Human Resources Department
ergeant Graham Young
Date:March 22, 2010
ITEM #4
4/20/10
NATIONAL CITY FIRE DEPARTMENT
COST RECOVERY PROGRAM
(FIRE)
ITEM #5
4/20/10
APPROVAL OF THE MINUTES OF THE REGULAR CITY
COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
MEETING OF MARCH 2, 2010.
(CITY CLERK)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
To: Honorable Mayor and Council
From: Michael R. Della, City Clerk
Subject: Ordinance Introduction and Adoption
ITEM #6
4/20/10
It is recommended that the City Council approve the following motion as part of
the Consent Calendar:
"That the City Council waive reading of the text of all
Ordinances considered at this meeting and provide that such
Ordinances shall be introduced and/or adopted after a
reading of only the title."
® Recycled Paper
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 7
?M TITLE:
Resolution of the City Council of the City of National City authorizing acceptance of grant award and
funds of up to $286,818. Grant reimburses $262,718 for two years salary and benefits, up to $18,600
for the purchase of a vehicle, and $5,500 for vehicle maintenance for two years from the San Diego
Regional Border Violence Task Force. An additional amount of up to $16,903 per year for overtime
for the officer will be reimbursed by the FBI Violent Crimes T k Force -Gana Group
PREPARED BY: Lt. Craig Boegler , �DEPARTMENT: Police
PHONE: 336-4433 APPROVED BY:
EXPLANATION:
See Attached
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. 290-411-615 290-11615-3498 APPROVED:
Salary Budget 10/1/2009 — 6/30/2010 - $87,714.21 /$18,600-Vehicle
Salary Budget 0701/2010 — 6/30/2011 - $122,698.93 / Vehicle Maintenance - $2,750
Possible Extension Salary Budget — 7/1/2011 9/30/2011 - $33.034.30
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Approve Resolution
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
of Chula Vista Agenda Statement
Page 2
Explanation: Council Agenda Statement
The San Diego Regional Criminal Narcotics and Border Violence Project is a two-year
grant funded project that supplements three existing High Intensity Drug Trafficking
Area initiated task forces with representatives from five local law -enforcement agencies.
Pursuant to Congressional appropriations and the grant award, the Chula Vista Police
Department is the Grant Administrating Agency for the Border Violence Project. The
funds grant funds pay for the salary of a National City Police Officer and the cost of a
vehicle, and vehicle maintenance for the two year period. Overtime expenses will be
reimbursed by the FBI.
The mission of this task force and border violence project is to bring a coordinated multi -
agency, multi disciplinary response, to the violent offenses impacting the San Diego
region, which are orchestrated and carried out by drug trafficking cartels and other
criminal organizations. The task force will investigate drug trafficking, murder,
kidnappings, home invasion robberies, extortions and weapons trafficking.
Per the terms of the grant, the NCPD officers' yearly salary and benefits - $262,718 -
will be reimbursed for the two year grant period. Overtime for the officer will be
reimbursed, not to exceed $16,903 per year and will be reimbursed by the FBI. The
grant covers the vehicle costs for the NCPD officer for the two year grant period. NCPD
will purchase the vehicle and perform regular maintenance as stated in their department
policy. NCPD will be reimbursed by the grantee for a maximum of $18,600 for the
vehicle. Costs incurred by NCPD for the maintenance and fuel associated with the
vehicle will be submitted to Chula Vita PD for reimbursement. A maximum of $5,500 for
the vehicle maintenance, for the two year grant period, will be reimbursed.
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE NATIONAL CITY POLICE DEPARTMENT AND THE CHULA VISTA
POLICE DEPARTMENT FOR GRANT FUNDS IN THE AMOUNT OF $286,818 FROM
THE BUREAU OF JUSTICE ASSISTANCE'S RECOVERY ACT COMBATING
CRIMINAL NARCOTICS ACTIVITY ALONG THE SOUTHERN BORDER OF
THE UNITED STATES GRANT FOR PARTICIPATION IN THE SAN DIEGO
REGIONAL CRIMINAL NARCOTICS AND BOARDER VIOLENCE PROJECT
WHEREAS, the San Diego Regional Criminal Narcotics and Border Violence
Project (the "Project") is a two-year grant -funded project supplementing three existing High
Intensity Drug Trafficking Area -initiated task forces with representatives from five local law
enforcement agencies (San Diego Sheriff's Department, San Diego Police Department, San
Diego District Attorney's Office, National City Police Department, and Chula Vista Police
Department); and
WHEREAS, the Project is funded through the Bureau of Justice Assistance
("BJA") Recovery Act State and Local Law Enforcement Assistance Program: Combating
Criminal Narcotics Activity Stemming from the Southern Boarder of the United States Grant; and
WHEREAS, the Chula Vista Police Department, as the fiscal agent defined in the
grant for the California Border Alliance Group, will be responsible for all budget requirements
and financial reimbursements to local agencies; and
WHEREAS, as part of the grant program, the Chula Vista Police Department will
reimburse the National City Police Department (NCPD) for up to $262,718 of salary and benefits
for one Task Force Officer assigned full-time to the two-year Project, $18,600 for a vehicle, and
$5,500 for vehicle fuel and maintenance, for a total amount of $286,818; develop, document,
and manage the Program details in compliance with Recovery Act Grantee regulations and
goals; accept responsibility for overall fiscal management of the federal grant; and submit all
reporting requirement to the BJA in a timely manner; and
WHEREAS, the National City Police Department, at a minimum, will fund and
assign one full-time Task Force Officer to the Project, and submit all reporting requirements to
the Chula Vista Police Department in a timely manner; and
WHEREAS, the cost of any overtime for the Task Force Officer will be provided
by the FBI pursuant to an Cost Reimbursement Agreement with NCPD dated September 22,
2009; and
WHEREAS, a Memorandum of Understanding was executed between the Chula
Vista Police Department and the National City Police Department formalizing the relationship
between the agencies and the funding mechanism, and to outline the mission and procedures
for the San Diego Region's Criminal Narcotics and Border Violence Project. Said Memorandum
of Understanding in of file in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves and ratifies a Memorandum of Understanding memorializing the
National City Police Department's acceptance of funds in the amount of $286,818 from the
Bureau of Justice Assistance ("BJA") Recovery Act State and Local Law Enforcement
Resolution No. 2010 —
April 20, 2010
Page 2
Assistance Program: Combating Criminal Narcotics Activity Stemming from the Southern
Boarder of the United States Grant for participation in the San Diego Regional Criminal
Narcotics and Border Violence Project.
PASSED and ADOPTED this 20th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
CITY COUNCIL
AGENDA STATEMENT
fr
CITY OF
CHUTA VISTA
AUGUST 11, 2009, item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $2,864,605 FROM THE
BUREAU OF JUSTICE ASSISTANCE FOR THE 2009
RECOVERY ACT COMBATING CRIMINAL NARCOTICS
ACTIVITY ALONG THE SOUTHERN BORDER OF THE
UNITED STATES GRANT AND APPROPRIATING SAID
FUNDS TO THE POLICE GRANT FUND.
SUBMITTED BY: CHIEF OF POLICE
REVIEWED BY: CITY MANAGER
4/5THS VOTE: YES
X
NO
SUMMARY
The Chula Vista Police Department (CVPD) received notice of a grant award in the amount
of $2,864,605 from the Office of Justice Programs' (OJP's) Bureau of Justice Assistance
(BJA) to act as the fiduciary for the San Diego Regional Criminal Narcotics and Border
Violence Project. This two-year project will supplement existing HIDTA-initiated task
forces with ten positions from local law enforcement agencies. The Chula Vista Police
Department will assign three positions (two detectives and one analyst) to the project. The
Police Department Special Investigations Unit will oversee the implementation and overall
management of the project. The objective of this project is to enhance multi jurisdictional,
multi -disciplinary narcotics -associated task forces to dismantle and disrupt major narcotics
operations and associated violent activity through increased collaboration and intelligence
sharing.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
AUGUST 11, 2009, Item
Page 2 of 5
That Council adopt the resolution accepting $2,864,605 from the Bureau of Justice
Assistance for the 2009 Recovery Act Combating Criminal Narcotics Activity Along the
Southern Border of the United States Grant and amending the Police Grant Fund budget
by appropriating $2,692,718 for personnel costs (salary and benefits), $3,188 for
mandatory conference travel, $130,200 for vehicles, and $38,500 for vehicle
maintenance.
BOARDS/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
The Police Department recently received notice of a grant award from the Bureau of
Justice Assistance. The $2,864,605 was awarded to the Police Department to act as the
fiduciary for the San Diego Regional Criminal Narcotics and Border Violence Project.
This two-year project will supplement existing HIDTA (High Intensity Drug Trafficking
Area) -initiated task forces with ten new positions from the following local law
enforcement agencies: San Diego Sheriff's Department, San Diego Police Department,
San Diego District Attorney's Office, National City Police Department, and Chula Vista
Police Department. The ten positions include seven detectives, two analysts, and one
assistant district attorney. The goal of the San Diego Regional Criminal Narcotics and
Border Violence Project is to enhance multi jurisdictional, multi -disciplinary narcotics -
associated task forces to dismantle and disrupt major narcotics operations and associated
violent activity through increased collaboration and intelligence sharing through the
following strategies:
1. Supplement 3 task forces in the HIDTA environment with local detectives,
analysts, and a prosecutor to target narcotics -associated violence
2. Hire analysts to compile, collate, and disseminate meaningful intelligence to task
forces for narcotics -associated violent crime investigations
3. Incorporate the intelligence data from all 3 HIDTA task forces to support
collaborative investigations of narcotics -associated violence
4. Sustain enhanced local representation on task forces through substantiated grant
successes and supporting legislation for border violence enforcement
The analysts will work with all three task forces to ensure better collection, coordination,
and dissemination of intelligence related to cross border violence cases. The District
Attorney will assign a prosecutor to work exclusively on these cases. The sworn officers
will be assigned to the three task forces for the purpose of gathering, coordinating, and
acting on intelligence related to spillover violence uncovered by these task forces. Figure
1 below shows the organizational relationship of these new positions to the existing task
forces.
Each agency will release a competitive announcement seeking the most experienced
narcotics and violent crime investigators. A panel of both federal and local supervisory
personnel will interview and select the most suitable candidates. The assignment of two
CVPD officers to the task forces will create two sworn vacancies to be filled by new
hires. The non -sworn positions (two analysts and one prosecutor) will be assigned
AUGUST 11, 2009, Item
Page 3 of 5
independently of the sworn personnel. The District Attorney will reassign a Deputy
District Attorney, based on experience level, to act as the lead prosecutor on all cross
border violence cases stemming from the three task forces. The analyst positions for
CVPD and SDPD will be announced through the Human Resources Departments of each
agency. The agency head or their designee will have the final selection responsibility.
The analyst from CVPD will be assigned to the San Diego Law Enforcement
Coordination Center (SD-LECC), a regional fusion center, and the SDPD analyst will be
assigned to gather and disseminate local agency intelligence to the task forces.
As the fiscal agent for the grant funds, the Chula Vista Police Department will execute
Memorandums of Understanding with each participating agency to clarify program goals
and strategies as well as reporting and reimbursement procedures.
Figure 1: San Diego Regional Criminal Narcotics and Border Violence Project —
Organizational Structure
FBI - Sau Diego
Special;genr in Charge
Violent Crimes Gang
Group (VCTF-•GG)
1 FBI SSA
Current Staffing:
Federal 18. Local 6
1 N C1 u' Detec€ive
■ Existing Staff
rProposed Staff via Chant
Viole
Crimes Safe Streets
(VCSSTF)
1 FBI SSA'
tment Stating:
feral 14. Local 1
Prosecution and Anaivsis:
�. Deputy I istrict Attorney to TF
1 1 TD Analyst to SD-LECC
i SDPD Aialvstto IF
Major° Narcotics
Traffickers
1 FBI SSA'
2 DEA Group Supers
Current Slating:
Federal -13.5, State 1.5, Local
*SSA: Supervisory Special Agent
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
AUGUST 11, 2009, Item
Page 4 of 5
CURRENT YEAR FISCAL IMPACT
Approval of this resolution will result in the appropriation of $2,864,605 to the Police
Grant Fund, as detailed in the table below.
Chula Vista PD Detective
$83,961 $85,225 100% $338,372
Chula Vista PD Analyst
National City PD Detective
San Diego PD Detective
San Diego PD Analyst
San Diego SO Detective
1
1
1
1
$59,364
$80,949
$87,506
$65,556
$78,795
$63,852
$82,568
$87,506
$65,556
$81,319
100%
100%
100%
100%
100%
$123,216
$163,517
$175,012
$131,112
$320,228
San Diego DA Investigator
San Diego DA Prosecutor
1
1
$92,914
$120,706
$94,772
$123,120
100%
100%
$187,686
$243,826
Fiscal Management Analyst
Personnel subtotal
1
$87,678
$87,678
5%
$8,768
$1,691,737
��,
Vp
t .. •t �s ° ao,}§ BP�..`c.
Chula Vista PD Detective
-
Y l(i d��'dS¢�';
2
$52,234
$53,925
100%
+c Y
$212,318
Chula Vista PD. Analyst
1
$30,500
$32,848
100%
$63,348
I ational Ci PD Detective
1
$48,628
$50,573
100%
$99,201
San Die. o: PD Detective
1
$50,086
$52,089
100°A
$102,175
San Diego PD Anal st
1
$16,553
$17,215
100%
$33,768
San Die : a SO Detective
2
$53,343
$54,950
100%
$216,586
San Diego DA Investigator
1
$69,630
$70,106
100%
$139,736
San Die. o ... Prosecutor
1
$66,303
$67,545
100%
$133,848
Fiscal Management Analyst
1
$40,809
$42,441
5%
$4,163
rift t e: subtotal
$1,000,981'
DOJ Grant Meeting
Washington, DC
Airfare
2
$600.00
$1,200
Washington, DC
Lodging
2
$233.00
$466
Washington, DC
M&IE
2
$64.00
$128
DOJ Grant Meeting
El Paso, TX
Airfare
2
$400.00
$800
El Paso, TX
Lodging
2
$233.00
$466
El Paso TX
M&IE
2
$64.00
$128
Travel subtotal
$3,188
AUGUST 11, 2009, Item
Page 5 of 5
4,g9i4g
,Q
Vehicles
7
$18,600
$130,200
E s ui i ment subtotal
S130,200
Bud let Summary
A. Personnel
$ 1,691,737
C. Travel
$. 3,188
' ent
$ 30 2.69
. Sup lies
$ -
G. Consultants/contracts
$ -
otalldirect costs
$ 2,864,605
raW e�...rY
Total Pro'ect Costs
$ 2,864,605
ONGOING FISCAL IMPACT
This is a two-year grant and approval of this resolution will not have an ongoing fiscal
impact.
ATTACHMENTS
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Center
"A": Letter of Support from San Diego County Sheriff's Department
"B": Letter of Support from San Diego Police Department
"C": Letter of Support from San Diego District Attorney's Office
"D": Letter of Support from National City Police Department
"E": Letter of Support from California Border Alliance Group
"F": Letter of Support from San Diego Law Enforcement Coordination
Attachment "G": Letter of Support from Federal Bureau of Investigation
Attachment "H": Letter of Support from Drug Enforcement Agency
Prepared by: Kristen Miggans, Public Safety Analyst, Police Department
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 8
EM TITLE:
Kesolution of the City Council of the City of National City approving the application for grant funds for
the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) not to exceed $1,654,524 for
the purpose of implementing the Westside Specific Plan through Paradise Creek Park Improvements
and Habitat Restoration.
PREPARED BY: Geny Torres �' DEPARTMENT: Com any Development
PHONE: Ext. 4336 APPROVED BY:
EXPLANATION:
Refer to Background Report for background of program and a specific scope detailing the use of funds.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
N/A. If awarded grant, an account number will be created through a later resolution.
Finance
MIS
ENVIRONMENTAL REVIEW:
The EIR was certified for the Westside Specific Plan however subsequent environmental analysis will
be conducted upon completion of technical studies and design drawings for the improvements.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
-kground Report
BACKGROUND REPORT
BACKGROUND
The Urban Greening Grant Program (Program) was established through the State of California's
Proposition 84. On November 7, 2006 California voters passed Proposition 84, the Safe Drinking
Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006.
Proposition 84 authorized the appropriation of $70 million for urban greening projects that reduce
energy consumption, conserve water, improve air and water quality, and provide other community
benefits. The goal is for these greening projects to create more viable and sustainable
communities throughout the State.
The Program is managed by the Strategic Growth Council (SGC), which was established by SB
732 Steinberg. The SGC is tasked with coordinating the activities of state agencies to improve air
and water quality, protect natural resource and agriculture lands, increase the availability of
affordable housing, improve infrastructure systems, promote public health, and assist state and
local entities in the planning of sustainable communities and meeting AB 32 goals. The SGC is
composed of agency secretaries from the Business Transportation and Housing Agency, the
California Health and Human Services Agency, the California Environmental Protection Agency,
the California Natural Resources Agency, the director of the Governor's Office of Planning and
Research, and a public member, appointed by the Governor.
PROPOSED PROJECT
The proposed project for National City is the continued development and improvement of Paradise
Creek Park located adjacent to Kimball Elementary School, east of Interstate 5, between West 18th
Street and West 22nd Street. The project would be the second phase of a prior project that was
carried out in 2007. Initiated through a grassroots effort including Kimball School teachers and
Westside neighborhood residents, Phase 1 of the project included the installment of a pedestrian
boardwalk and a gazebo structure, native habitat restoration, and minor grading.
Funds requested for Phase 2 of the project amount to $2,354,842 and would support creek and
habitat restoration, park improvements, development of community gathering spaces such as mini
parks and plazas, creation of open space for picnicking, active and passive recreation, and
installment of multi -use trails and walking paths.
SUSTAINABILITY IN NATIONAL CITY
The revitalization of Paradise Creek Park is part of National City's grander vision of becoming a
more sustainable community. National City is a built -out community and has the least amount of
open space in San Diego County. As the County's most dense and diverse city, creative and
sustainable development patterns are necessary.
National City has shown its commitment to the improvement of Paradise Creek Park and to
becoming a sustainable community by the adoption of the Strategic Plan and Westside Specific
Plan, and the work being done to complete an update of the General Plan. All of these planning
documents contain sustainability principles, goals, and policies_
- In the City's Strategic Plan, Strategic Objective 3e is to "Improve Quality of Life: Support
City Parks and Open Space such as Paradise Creek Educational Park".
- The Guiding Principles of the Westside Specific Plan (WSP) include limiting uses adjacent
to Paradise Creek to restoration, passive recreation, and open space, and enhancing
pedestrian safety and promoting walking in the community.
- And finally, in the General Plan, sustainability will be a theme throughout. National City will
continue to strive to reduce its impact on the environment, maintain economic health, and
promote a high quality of life for all.
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING AN APPLICATION FOR GRANT FUNDS FOR
THE URBAN GREENING GRANT PROGRAM UNDER THE SAFE
DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL,
RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84)
NOT TO EXCEED $1,654,524 FOR THE PURPOSE.OF IMPLEMENTING
THE WESTSIDE SPECIFIC PLAN THROUGH PARADISE CREEK
PARK IMPROVEMENTS AND HABITAT RESTORATION
WHEREAS, the Legislature and Governor of the State of California have
provided funds for the Urban Greening Grant Program under the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition
84); and
WHEREAS, the Strategic Growth Council has been delegated the responsibility
for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the Strategic Growth Council require
a resolution certifying the approval of application(s) by the Applicants governing board before
submission of said application(s) to the State; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State
of California to carry out the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City:
1: Approves the filing of an application for Paradise Creek Park to the Urban Greening
Grant Program not to exceed $1,654,524 for the purpose of implementing the Westside
Specific Plan through Paradise Creek Park improvements and habitat restoration.
2. Certifies that applicant understands the assurances and certification in the application.
3. Certifies that applicant or title holder will have sufficient funds to operate and maintain
the project consistent with the land tenure requirements; or will secure the resources to
do so.
4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code
regarding payment of prevailing wages on Projects awarded Proposition 84 Funds.
5. If applicable, certifies that the project will comply with any laws and regulations including,
but not limited to, legal requirements for building codes, health and safety codes,
disabled access laws, environmental laws and, that prior to commencement of
construction, all applicable permits will have been obtained.
6. Certifies that applicant will work towards the Governor's State Planning Priorities
intended to promote equity, strengthen the economy, protect the environment, and
promote public health and safety as included in Government Code Section 65041.1.
Resolution No. 2010 --
April 20, 2010
Page 2
7. Appoints the Executive Director of Community Development, or designee, as agent to
conduct all negotiation, execute and submit all documents including, but not limited to
applications, agreements, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
PASSED and ADOPTED this 20th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 1
rEM TITLE:
Resolution of the City Council of the City of National City establishing additional appropriations in the
Unemployment Insurance Reserve Fund in the amount of $45,000.
PREPARED BY: Stacey Stevenson, HR Director
PHONE: 336-43081
EXPLANATION:
DEPARTMENT: Hurnan
APPROVED BY:
The City Council approved fiscal year 2009/2010 budget included an appropriation of $38, 318 in the
Unemployment Insurance Reserve fund. The intent of the fund is to pay unemployment insurance
claims of separated employees as directed by the State Employee Development Department. The
amount of the appropriation was based on historic usage. The actual claims paid to date and the
projected claims payments for the remainder of the fiscal year exceed the appropriation. Therefore,
staff requests authorization to transfer funds to meet this State mandate.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
'Establish additional appropriations in the amount of $45,000 in account number 633-409-000-452-0000
from undesignated fund balance, 633-2501. There is no financial impact to the General Fund.
ENVIRONMENTAL REVIEW:
IN/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Recommend approval of resolution.''
BOARD / COMMISSION RECOMMENDATION:
'N/A
ATTACHMENTS:
solutions,
funds; and
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING ADDITIONAL APPROPRIATIONS IN THE AMOUNT OF $45,000
TO THE UNEMPLOYMENT INSURANCE RESERVE FUND
(ACCOUNT NO. 633-409-000-452-0000)
WHEREAS, the Fiscal Year 2009/2010 budget included an appropriation of
$38,318 to the Unemployment Insurance Reserve Fund to pay unemployment insurance claims
of separated employees as required by the State Employee Development Department; and
WHEREAS, the amount of the appropriation was based on historic usage of
WHEREAS, the actual claims paid to date and the projected claim payments for
the remainder of the fiscal year require an additional appropriation in the amount of $45,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes an appropriation in the amount of $45,000 to the Unemployment
Insurance Reserve Fund (Account No. 633-409-000-452-0000) to cover the actual claims paid
to date and the projected claim payments for the remainder of the fiscal year.
PASSED and ADOPTED this 20th day of April, 2010.
ATTEST:
Michael R. Dana, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ron Morrison, Mayor
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 10
EM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute an
Agreement with the National City Depot (aka San Diego Electric Railway Association, Inc.) for the
donation of scrap railroad track and ties.
PREPARED BY: Barby Tipton ton DEPARTMENT: Deve
PHONE: 336-4583 APPROVED BY
EXPLANATION:
As part of the Marina Gateway Improvements, 1,940 linear feet of 115 pound railroad track was removed to make way for
new improvements. The National City Depot, a non-profit organization requested that the rail be donated to them for use at
the museum in National City. Also removed were the wooden rail ties which The National City Depot has also requested.
During the construction of the Marina Gateway Project, the contractor moved the rail to the museum property where it is
being stored. Should Council approve this donation there will be no cost involved in moving/relocating the rail. The scrap
value for the rail is approximately $11,931.
The cost to the City of National City to dispose of the wooden ties is approximately $52,000. The disposal cost was bid as
an additive alternate in the bid process. This means that the City can choose to add this item (service) to the construction
contract with Council approval. The other option for disposal is to send out a Request for Proposal to remove both the rail
that has value and dispose of ties which essentially has no value. This option would take several weeks to allow for
advertisement.
The ties are currently being stored on City property and if this donation is approved, the transport of such will be the
responsibility of The National City Depot (Agreement attached).
he option of donating the rail to the museum wilt allow them to display historic railcars on the rail for the enjoyment of
ional City residents as well as out-of-town visitors. This option could potentially save the City abot $40,000 in disposal
Tees (net cost if rail is sold). Citv Staff recommends that the donation be approved.
FINANCIAL STATEMENT: APPROVED-
ACCOUNT NO. APPROVED:
The City could potentially save $40,000 in disposal costs.
ENVIRONMENTAL REVIEW:
Exempt
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
p ent Services/Engineering
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Request for Donation Form, with proof of requirements for non-profit organizations
2. Agreement between the City and The National City Depot
RESOLUTION NO. 2010 —
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 NATIONAL CITY DEPOT
(AKA SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC.)
FOR THE DONATION OF SCRAP RAILROAD TRACK AND TIES
WHEREAS, during the Marina Gateway Improvements Project, 1,940 linear feet
of 115 pound railroad track was removed to make way for the improvements; and
WHEREAS, the San Diego Electric Railway Association, a non-profit
organization, has requested that the railroad track and ties be donated to them for use at the
National City Depot; and
WHEREAS, the scrap value of the rail is approximately $11,931, and the cost to
the City to dispose of the ties is approximately $52,000; therefore, by donating it to the San
Diego Electric Railway Association, the City would save approximately $40,000 in disposal
costs for the Marina Gateway Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement between the City and the
National City Depot (AKA San Diego Electric Railway Association, Inc.) for the City's donation of
scrap railroad track and ties to for use by the National City Depot. Said Agreement is on file in
the office of the City Clerk.
PASSED and ADOPTED this 20th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
REQUEST FOR DONATION FORM
Local, non -Profit `501C3' organizations may request donations of surplus City property or Police
Department unclaimed property in accordance with Council Policy # I 15, and requirements of this form.
Requirements: The non-profit organization must be able to provide:
• proof of official non-profit `50I C3status (see back)
• proof of a current National City Business License (see back).
• proof of physical locatiou/address within National City's city limits (see back).
• their own vehicles and labor to claitn the items (see back).
• this form, complete and legible, with above documents attached.
Surplus/Unclaimed Property Disclaimer:
City property is usually declared `surplus' when it's broken, damaged, too costly to repair, or no longer
needed by the City. Unclaimed property may contain items of various descriptions and quality.
Availability, quality and functionality of any of these items cannot he, and is not, guaranteed_
Return Policy- All donations are final_ The City cannot accept return of unwanted items
srcte
Phone. (la )
Entail Address: `�,Y}N s$-e r - s p1
Items you are interested in obtaining:
Desks Chairs
Bookcases Computer Equip
Other: Please spec
Requestor (please print);,
Organization Name: - _
Address:
Contact Name/Requestor: c6 e Si '
Fax ((n/
o lies
Verification 1 Authorization (see back):
Registered on GuideStar: Yes • No
City Business License: Yes v No
Non -Profit, '501 C3' status: Yes +l No
heal organization: Yes \No
Purchasing Department Authorization
File Cabinets
-
National City, CA. 91950
Proof'pruit out attached?
Copy Attached?
Proof/copy attached?
oof of address
r---i Date
Misc. Office Equip.
`'` t-A-1,
Tables
Bicycles
No
No
No No
Yes
Yes
xYes
Ves
Release of Liability:
The undersigned hereby certifies that he or she is authorized to sign this document on behalf of the
requesting agency, and that the requesting agency thereby agrees to indemnify and hold harmless, and at
its own risk, cost and expense, defend the City, its officers, agents and employees from and against any
and all liability, loss or expense to persons or property, including defense costs, legal fees, and claims for
damages, arising out of, or related to, the access to or use of City property, including access to City
facilities, and viewing, selection, removal, loading/tuttoading, or eventual use or transfer of donated/
surplus/unclaimed property by the requesting agency and any person using, operating or handling that
property. The requesting agency further certifies that no guarantees or representations have been made
regarding the donated surplus/unclaimed property requested, and as a condition of its transfer from the
City thereby waives any and all claims that it may ever have against the City arising front the use or
operation of the donated/surplus/unclaimed property.
ram,
Requestor Signature: ��jL � ' ` ; t �G�lL. Date: 1. r 1fC
Purch:fi:FamsRgst_non I/20104
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59592 CITY O.F NATIONAL CITY
BUSINESS LICENSE CERTIFICATE
""RSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED
ttUS DESCRIPTION
BUSINESS ADDRESS 922 W 23RD ST
BUSINESS NAME NATIONAL CITY DEPOT
ATTN: SD ELECTRIC RAILWAY ASSOC. INC
MAILING PO BOX 89068
ADDRESS SAN DIEGO, CA 92138-9068
NON TRANSFERABLE
POST IN A CONSPICUOUS PLACE
Date of Expiration: 12/31 /2010
Finance Director
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
License No 59592
TOTAL
5
:Page 1 of 1)
RESOLUTION NO. 2008 — 185
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CHAIRMAN TO EXECUTE A LEASE AGREEMENT
AND MEMORANDUM OF UNDERSTANDING WITH
SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC., FOR
AN APPROXIMATELY 1.1 ACRE PARCEL (APN 559-040-03)
TO OPERATE AN ELECTRIC RAILWAY HISTORY MUSEUM
AT THE HISTORIC DEPOT FOR A TERM OF THREE YEARS
WHEREAS, San Diego Electric Railway Association, Inc. ("SDERA") and the
Community Development Commission of the City of National City ("CDC") desire to enter into a
Lease Agreement and Memorandum of Understanding for an approximately 1.1 acre parcel
(APN 559-040-03) located at 922 West 23rd Street, commonly known as the Historic Depot, to
operate an electric railway history museum, and perform historic railcar restoration; and
WHEREAS, SDERA is a non-profit public benefit corporation, organized under
the Nonprofit Public Benefit Corporation Law for charitable purposes; and
WHEREAS, the lease proposes to allow SDERA to continue offering educational
tours and exhibits dedicated to the history of the San Diego region's railcar heritage for a term
of three years; and
WHEREAS, the Memorandum of Understanding memorializes certain obligations
SDERA has committed to in connection with its operation of the railroad history museum.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute a Lease
Agreement and Memorandum of Understanding with San Diego Electric Railway Associations,
Inc., for a term of three years on an approximately 1.1 acre parcel (APN 559-040-03) located at
922 West 23rd Street, commonly known as the Historic Depot to operate an electric railway
history museum. and perform historic railcar .restoration. Said Lease Agreement and
Memorandum of Understanding are on file in the office of the City Clerk.
PASSED and ADOPTED this 2nd day of September, 2008.
on Morrison, Chairman
APPROVED AS TO FORM:
George H Eiser, HI
City Attorney
la
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND THE NATIONAL CITY DEPOT
(AKA The San Diego Electric Railway Association, Inc.)
THIS AGREEMENT is entered into this 6th day of April, 2010, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and The National
City Depot (AKA The San Diego Electric Railway Association, Inc.)
RECITALS
WHEREAS, The National City Depot desires to receive a donation from the City,
of the railroad ties and rail removed during the Marina Gateway Improvement Project,
and,
WHEREAS, the CITY has determined that The National City Depot is a non-
profit organization eligible to received such donation,
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. The City agrees to donation the railroad ties and rails to The National City Depot.
2_ The National City Depot agrees to transport to their property, free of charge to
the City, all railroad ties (whole and partial) and rail donated, within 60 days of
the date of this agreement, leaving existing storage site free of any railroad tie
scrap.
3. The National City Depot agrees to obtain any necessary permits for such
transport.
4. The National City Depot, agrees to indemnify, defend, and hold harmless, the
City of National City and its officers and employees against and from any and all
liability, Toss, damage to property, injuries to, or death of any person or persons,
and all claims, demands, suits, actions, proceedings, reasonable attorney's fees,
and defense costs, of any kind or nature, including worker's compensation
claims of or by anyone whomsoever, resulting from or arising out of The National
City Depot (AKA The San Diego Electric Railway Association, Inc_) negligent
performance under this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
The National City Depot
(AKA The San Diego Electric Railway
Association, Inc.)
(Corporation — signatures of two corporate officers)
(Partnersone signature)
(Sole porship — one signature)
By: By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Date
1
,12
(Pri t) at
(Title)
(Name)
IPl tkA s 5
( )
?AAA-4)J
(Title)
2
Citys Standard Agreement — June 2008 revision
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 11
TEM TITLE:
.!arrant Register #38 for the period of 03/17/10 through 03/23/10 in the amount of $1,745,566.67
PREPARED BY: D. Gallegos DEPARTMENT:
PHONE: 619-336-4331 APPROVED BY:
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 03/17/10
through 03/23/10
The Finance Department has implemented a policy explanation of all warrants above $50,000.00
Vendor Check Amount Explanation
Health Net 235333 69,959.01 Emp Health Ins
Project Design 235346 50,397.78 Consultation Svcs
Public Emp Ret Sys 235348 278,217.82 Emp Ret Sys
PPE 03/08/10
Tritech Software
235367 82,548.82 Customer Support
cnG&E 235387 66,154.48 Utilities
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Ratification of warrants in the amount of $1,745,566.67
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
'wrrant Register #38
APPROVED:
APPROVED:
Finance
MIS
1 of 5
Payee
FRANK TOYOTA
MAINTEX INC
RICK ENGINEERING COMPANY
RUSS' BEE REMOVAL
BILLUI'S JR
BLACKIE'S TROPHIES AND AWARDS
BOLANOS
CALBO
COUNTY CLERK COUNTY OF S D
ESGIL CORPORATION
FEDEX
HONEYWELL INTERNATIONAL INC
NATIONAL NOTARY ASSOCIATION
PEACE OFFICERS RESEARCII
PORAC LEGAL DEFENSE FUND
SAN DIEGO PET & LAB SUPPLY
STAPLES ADVANTAGE
STARTECH COMPUTERS
STRATACOM
BEST BEST & KRIEGER LLP
BOOT WORLD
BRG CONSULTING, INC
CHRISTENSEN & SPATH LLP
EQUIFAX INFORMATION SVCS
GE CAPITAL
WARRANT REGISTER # 38
3/23/2010
Description
FOUR, 2009 TOYOTA PRIUS HYBRID
MISC JANITORIAL SUPPLIES
JAN 2010 SERVICES
BEE REMOVAL FROM CITY PROPERTY
BL ADMIN REFUND
MOP 67727 METAL. NAME. TAG - PD
BL ADMIN REFUND
MEMBERSHIP FOR L. SAINZ
FILING OF NOTICE OF DETERMINATION
CONSULTANT SERVICES FOR BLDG
SPECIAL MAIL HANDLING
CITY-WIDE. MECHANICAL. H.V.A.C.
MEMBERSHIP RENEWAL - Y FELIX
RESERVE MEMBERSHIP
LEGAL DEFENSE FUND FOR RESERVE
MOP 45753 K9 FOOD
MOP 45704 OFFICE SUPPLIES - PD
MOP 61744 CORDLESS DESKTOP - PD
MOP 63845 BUSINESS CARD IMPRINTS
EXPERT & CONSULT SERVICES
MOP 64096 SAFE. BOOTS NEIGHB
DOWNTOWN SPECIFIC PLAN
LEGAL SERVICES
S8 BACKGROUND/CREDIT CHECKS
INSTALLMENT FOR COPIER RENTAL
chk no chk date Amount
235279 3/18/10 1,411.88
235280 3/18/10 1,007.09
235281 3/18/10 4,792.11
235282 3/18/10 375.00
235283 3/23/10 10.50
235284 3/23/10 32.63
235285 3/23/10 21.50
235286 3/23/10 215.00
235287 3/23/10 2,842.25
235288 3/23/10 16,082.12
235289 3/23/10 41.10
235290 3/23/10 30,434.00
235291 3/23/10 52.00
235292 3/23/10 130.00
235293 3/23/10 156.00
235294 3/23/10 99.76
235295 3/23/10 398.37
235296 3/23/10 61.30
235297 3/23/10 31.83
235298 3/23/10 630.41
235299 3/23/10 125.00
235300 3/23/10 18,911.94
235301 3/23/10 50.00
235302 3/23/10 50.00
235303 3/23/10 210.43
1
2 of 5
WARRANT REGISTER # 38
3/23/2010
Payee Description chk no chk date Amount
I (OGLE IRELAND INC CONSULTANT AGREEMENT 235304 3/23/10 8,499.29
ICF JONES & STOKES WESTSIDE SPECIFIC PLAN EIR 235305 3/23/10 26,132.48
NINYO & MOORE MARINA STREETSCAPE 235306 3/23/10 1,761.25
PRO BUILD MOP 45707 MATERIALS & SUPPLIES 235307 3/23/10 336.56
PRUDENTIAL OVERALL SUPPLY MOP 5742 LAUNDRY SERVICE 235308 3/23/10 40.02
SAN DIEGO TROLLEY INC FLAGGING SERVICES 235309 3/23/10 36.40
STAPLES ADVANTAGE MOP 45704 OFFICE SUPPLIES 235310 3/23/10 42.26
SWEETWATER AIJTI IORITY PAY FOR WATER UTILITES FOR CDC 235311 3/23/10 438.90
UNION -TRIBUNE PUB. CO. PUBLICATION -PLANNING COMMISSION 235312 3/23/10 985.60
VISTA PAINT MOP 68834 PAINT SUPPLIES 235313 3/23/10 673.24
3M COMPANY SAFETY GLASSES 235314 3/23/10 93.91
AFLAC AFLAC ACCOUNT BDM36 MAR 2010 235315 3/23/10 1,367.28
AIRGAS-WEST HELIUM TANK REFILLS 235316 3/23/10 22.23
ALL FRESH PRODUCTS FOOD FOR NUTRITION CENTER 235317 3/23/10 4,055.37
BMI GENERAL LICENSING MUSIC LICENSING COTRACT 235318 3/23/10 547.20
BON SUISSE INC MILK/DAIRY DELIVERY 235319 3/23/10 377.45
BROADWAY AUTO GLASS WINDSHIELD GREEN TINT 235320 3/23/10 279.25
CALIFORNIA BAKING CO. BREAD DELIVERY 235321 3/23/10 288.00
CISSEL REIMB FOR REG - CPRS CONE 235322 3/23/10 379.00
CITY OF CHU1.A VISTA CONSTRUCTION INSI'EC'I ION 235323 3/23/10 7,943.00
CITY OF NATIONAL CITY PETTY CASH - FEB 2010 235324 3/23/10 285.38
COUNTY OF SAN DIEGO PC-FEB 2010 GC76000-761000 OR 76101 235325 3/23/10 11,404.18
COUNTY OF SAN DIEGO MAIL PROCESSING 02/01 - 02/28/10 235326 3/23/10 2,561.62
D MAX ENGINEERING INC DEP #1369 HARBOR VIEW CONDOS 235327 3/23/10 813.75
DEESE SUBSISTENCE - PMW SEMINAR REG 235328 3/23/10 372.00
2
CALIF9F./41A
NATI
Il1CORpoA.AT1D
WARRANT REGISTER # 38
3/23/2010
3 of 5
Payee Description chk no chk date Amount
E1SER 1I1 CA REDEV ASSN ANNUAL, CONE 235329 3/23/10 75.39
FLINT TRADING, INC. RIPACK-PRESS VALVE FLINT 235330 3/23/10 214.10
GLOBAL POWER LABOR 235331 3/23/10 358.52
HAMILTON MEATS & PROVISIONS MEAT DELIVERY FOR NUTRITION 235332 3/23/10 1,744.79
I IEALTH NET HEALTH INS H0067A MARCH 2010 235333 3/23/10 69,959.01
HEALTH NET HEALTH -FULL NETWORK 57135A 235334 3/23/10 9,266.79
HINDERLITER DE LLAMAS & ASSOC AUDIT SVC TRANSACTION TAX 235335 3/23/10 3,710.04
KAMAN INDUSTRIAL TECHNOLOGIES TAPERED BUSHING 235336 3/23/10 224.09
LASER SAVER INC MOP 45725 CTRG FOR PRINTER 235337 3/23/10 186.47
LEXIS-NEXIS ONLINE CIIGS FOR FEB 2010 235338 3/23/10 427.38
LOPEZ TRANSLATION SVCS ON 03/16/10 235339 3/23/10 350.00
LUCAS, EDUC REIMB - FIRE PREV 1B 235340 3/23/10 133.00
LYNN PEAVEY LAB SUPPLIES 235341 3/23/10 2,051.15
MEYERS/NAVE. CONSULT/MOU NEGOTIAITONS 235342 3/23/10 385.00
MISSION UNIFORM SERVICE CLEANING/LAUNDRY SERVICES 235343 3/23/10 66.69
PERRY FORD LABOR, INSPECT & REPLACE 235344 3/23/10 738.11
PMW ASSOCIATES TUITION: PMW SEMINAR REG 235345 3/23/10 496.00
PROJECT DESIGN CONSULTANTS CONSULTATION SERVICES 235346 3/23/10 50,397.78
PROJECT PARTNERS DEPOSIT#1363 2504 HIGHLAND 235347 3/23/10 457.50
PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 3-10-3 235348 3/23/10 278,217.82
QUAL CHEM CORP SEWER LINE MAINTAINER #5185 235349 3/23/10 499.36
REEDER EDUC RFIMB - SEMINAR IN URBAN 235350 3/23/10 1,200.00
RELIANCE STANDARD VTL MAR 2010 235351 3/23/10 2,787.74
RIVERSIDE COUNTY SHERIFF DEPT TUITION: TCI MOTOR VEHICLE INSP 235352 3/23/10 287.00
RODRIGUEZ SEMINAR - BUDG FOR POLICE DEP'i 235353 3/23/10 372.00
3
4 of 5
— CA.LIFORNIA
?. ITV
INCORPORATED
WARRANT REGISTER # 38
3/23/2010
Payee Description chk no chk date Amount
S & S WORLDWIDE INC ROLLER RACER 235354 3/23/10 662.18
SAN DIEGO MIRAMAR COLLEGE TUITION: REGIONAL OFFCR TRAINING 235355 3/23/10 65.00
SANDAG SANDAG ANNUAL FINANCIAL REPORT 235356 3/23/10 125.00
SHANAIIAN 'TRAFFIC COLLISION -MOTOR 1NSP 235357 3/23/10 668.36
SID'S CARPET BARN INC. REMNANT 235358 3/23/10 332.55
SIGN A RAMA OF ESCONDIDO TAXI NUMBER DECALS 235359 3/23/10 124.36
SILVA SDERCiPOBOR TRAINING 235360 3/23/10 75.87
SPARKLETTS WATER WATER FOR MAYOR'S OFFICE 235361 3/23110 9.24
STAPLES ADVANTAGE MOP 45704 OFFICE SUPPLIES 235362 3/23/10 100.64
SYSCO SAN DIEGO FOOD FOR NUTRITION CENTER 235363 3/23/10 1,306.24
TETRA TECH ASL INC NC CONCRETE IMPROVEMENTS 235364 3/23/10 3,903.00
THE SOHAGI LAW GROUP PLC LEGAL SERVICES AGREEMENT 235365 3/23/10 9,362.30
TORRES TRAVEI, EXP - CDBG TRAINING 235366 3/23/10 281.40
TRITECH SOFTWARE SYSTEMS CUSTOMER SUPPORT 235367 3/23/10 82,548.82
TURF MAKER FUSILADE II 235368 3/23/10 136.26
"TURF STAR BLADE 215" 235369 3/23/10 488.75
URBAN FUTURES REDEVELOPMENT PROJECT 235370 3/23/10 3,850.00
WEST GROUP PAYMENT CENTER BILLING PERIOD 02/05/10 - 3/04/10 235371 3/23/10 242.56
WEST GROUP PAYMENT CENTER CA ANNOTATED CODE VOL 41A 235372 3/23/10 29.64
AMERICAN ROTARY BROOM MOP 462683 AUTO PARTS 235373 3/23/10 418.89
BRENNTAG PACIFIC INC POOL CHEMICALS (CHLORINE.) 235374 3/23/10 709.68
CARQUEST AUTO PARTS MOP 1(47557 AUTO PARTS 235375 3/23/10 144.16
DREW FORD MOP#49078 AUTO PARI'S 235376 3/23/10 206.92
FLEET SERVICES, INC MOP #67804 AUTO PARTS 235377 3/23/10 522.26
GRAINGER MOP #65179 PLUMBING MATERIALS 235378 3/23/10 353.86
4
5 of 5
Payee
INFRASTRUCTURE ENGINEERING
JOHN DEERE LANDSCAPES
LASER SAVER INC
NAPA AUTO PARTS
PACIFIC AUTO REPAIR
PERRY FORD
PRUDENTIAL OVERALL SUPPLY
SAN DIEGO BMW MOTORCYCLES
SDG&E
SOUTHERN CALIF TRUCK STOP
SWEETWATER AUTHORITY
TIIE LIGHTHOUSE, INC.
VALLEY INDUSTRIAL SPECIALTIES
SECTION 8 HAPS PAYMENTS
PAYROLL
PAY PERIOD
06
�r, CALIFAR,NIA.
O
INCORPORATED
WARRANT REGISTER # 38
3/23/2010
Description
PERFORM AN INFLOW/INFILTRATION
MOP #69277 PLANTING MATERIALS
MOP #45725 OFFICE SUPPLIES
MOP #45735 AUTO PARTS
SMOG CERTIFICATION & REPAIRS
MOP 445703 R&M AUTO EQUIPMENT
MOP #45742 LAUNDRY SERVICE
R&M CITY VEHICLES
STREET DIVISION
MOP 445758 GAS
FACILITIES DIVISION
MOP #45726 AUTO PARTS
MOP #46453 PLUMBING MATERIALS
START DATE END DATE
03/17/2010 03/23/2010
chk no chk date Amount
235379 3/23/10 15,994.00
235380 3/23/10 83.92
235381 3/23/10 353.83
235382 3/23/10 215.28
235383 3/23/10 102.91
235384 3/23/10 81.00
235385 3/23/10 250.16
235386 3/23/10 269.57
235387 3/23/10 66.I54.48
235388 3/23/10 6538
235389 3/23/10 1,461.86
235390 3/23/10 36.45
235391 3123110 289.95
A/P TOTAL $ 764,540.30
START DATE END DATE CHECK DATE
02/23/2010 03/08/2010 03/17/2010
10, 369.64
970,656.73
GRANT TOTAL $ 1,745,566.67
5
�-• CALIFORNIA
w,.
NATI ,” 'Tr
OR o tt
INCORPORATED
Warrant Register # 38
3/23/2010
001 GENERAL FUND
104 LIBRARY FUND
105 PARKS MAINTENANCE FUND
109 GAS TAXES FUND
111 P.O.S.T. FUND
120 PLAN CHECKING REVOLVING FUND
125 SEWER SERVICE FUND
130 EMT-D REVOLVING FUND
154 STATE PUBLIC LIBRARY FUND
158 SWIMMING POOL REVOLVING FUND
159 GENERAL PLAN UPDATE RESERVE
166 NUTRITION
172 TRASH RATE STABILIZATION FUND
173 NATIONAL SCHOOL DIST CONTRACT
174 SWEETWATER SCHOOL DIST CONTRAC
191 STOP PROJECT
211 SECURITY AND ALARM REGULATION FUND
212 PERSONNEL COMPENSATION FUND
246 WINGS GRANT
253 RECREATIONAL ACTIVITIES
261 CDC DEBT SERVICE FUND
290 POLICE DEPT GRANTS
301 GRANT-C.D.B.G.
307 PROPOSITION A" FUND
320 LIBRARY GRANTS
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
626 FACILITIES MAINT FUND
627 LIABILITY INS. FUND
628 GENERAL SERVICES FUND
629 INFORMATION SYSTEMS MAINTENANC
631 TELECOMMUNICATIONS REVOLVING
632 GENERAL ACCOUNTING SERVICES
643 MOTOR VEHICLE SVC FUND
644 EQUIPMENT REPLACEMENT RESERVE
726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS
1,097,164.88
29,601.25
19, 908.09
4,787.28
1,932.36
3,756.62
34,421.67
3,716.48
880.47
616.54
67,355.92
19, 245.40
1,702.14
1,082.34
8,275.46
1,460.68
1,205.71
14,982.19
41,828.84
671.63
3,355.13
1,554.44
2,628.09
13, 083.43
3,322.92
31, 885.65
1,154.93
106, 942.40
11, 850.25
87,867.31
886.25
2,954.13
85,156.91
1,375.13
19, 832.76
14,437.86
1,411.88
1,271.25
1,745,566.67
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 12
EM TITLE:
warrant Register #39 for the period of 03/24/10 through 03/30/10 in the amount of $191,170.03
PREPARED BY: D. Gallegos DEPARTMENT: F
PHONE: 619-336-4331 APPROVED BY:
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 03/24/10
through 03/30/10
The Finance Department has implemented a policy explanation of all warrants above $50,000.00
Vendor Check Amount Explanation
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Ratification of warrants in the amount of $191,170.03
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
`^'grant Register #39
- - GAI-1FORNIA
1/3
PAYEE
CESAR CHAVEZ SERVICE CLUB
GREATER GOLDEN HILL CDC
FERNANDEZ, ANGIE
HAPPY SOFTWARE INC
LEACH
COUNTY OF SAN DIEGO
DESROCHERS, PAUL
DR MARKETING
HAPPY SOFTWARE INC
HUSK PARTNERS
KEYSER MARSTON ASSOC
LASER SAVER INC
SDG&E
STAPLES ADVANTAGE
WADE & ASSOCIATES
VANSICKLE JANIS MARY
SWEETWATER AUTHORITY
WILLY'S ELECTRONIC SUPPLY
EDEX
RUDENTIAL OVERALL SUPPLY
OPECO PRODUCTS
ANTI DEFAMATION LEAGUE
INTEGRATED BIOMETRIC
SAMSON STRAP
PRO -EDGE KNIFE
JC TOWING
MISSION UNIFORM SERVICE
DICERCHIO
THE LIGHTHOUSE, INC.
RPM WELDING INC
VWR SCIENTIFIC
MATIENZO
CARQUEST AUTO PARTS
REED RESTAURANT EQUIP SVC
DEFRATIS
ALLEN
BOOT WORLD
ICC SAN DIEGO CHAPTER
TOM MOYNAHAN
HANSON
KOLANDA
MYERS
JAMES
ALIFORNIA BAKING CO.
IOYD
AMERICAN BACKFLOW SPECIALTIES
ZIETLOW, DAVID
HOLLOWAY
MURRAY
NAT
INCORPORATED
WARRANT REGISTER # 39
3/30/2010
DESCRIPTION
PROMOTIONAL ACTIVITIES
PROMOTIONAL ACTIVITIES
FSS PROGRAM/S8 PARTICIPANT
CONFERENCE REGISTRATION
REPLENISH CONFIDENTIAL INF FUND
CONTRACT SERVICES
RETIREE HEALTH BENEFITS-APRIL 2010
PUBLISHING COST FOR SECTION 8
CUSTOM PAYMENT EXPORT TO EDEN
CONSULTING SERVICES MAR 2010
ECONOMIC CONSULTING SVCS
MOP 45725 INK CARTRIDGES
GAS/ELECTRIC 02/18/10 - 03/19/10
MOP 45704 OFFICE SUPPLIES
KIMBALL BOWL SOD
REFUND CITATION OVERPAYMENT
STREET DIVISION
MOP 45763 BATTERIES - COMM SVCS
FEDEX STANDARD OVERNIGHT
MOP 45742 LAUNDRY SERVICE
MOP 63849 SHOP SUPPLIES
REG ADDRESSING CYBERBULLYING
NEW EMP FINGERPRINT FEB 2010
SAMSON STRAP
KNIFE SHARPENING SERVICES
MOP #68862 R&M AUTO EQUIPMENT
CLEANING/LAUNDRY SERVICES
RETIREE HEALTH BENEFITS-APRIL 2010
MOP #45726 AUTO PARTS
MOP 45749 REPAIRS TO ALUM
LAB SUPPLIES
RETIREE HEALTH BENEFITS-APRIL 2010
MOP #47557 AUTO PARTS
REPAIR/PARTS FOR NUTRITION
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
MOP 64096 WEARING APPAREL
ACCESSIBLITY TRAINING
MOP 45734 TOW SERVICE
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
BREAD DELIVERY FOR NUTRITION
RETIREE HEALTH BENEFITS-APRIL 2010
BACKFLOWS, PARTS AND CAGES
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
CHK NO DATE AMOUNT
235392 3/24/10 25.00
235393 3/24/10 70.00
235394 3/25/10 4,692.00
235395 3/25/10 1,485.00
235396 3/25/10 3,000.00
235397 3/30/10 59.50
235398 3/30/10 110.00
235399 3/30/10 250.00
235400 3/30/10 800.00
235401 3/30/10 7,500.00
235402 3/30/10 9,034.42
235403 3/30/10 264.05
235404 3/30/10 223.28
235405 3/30/10 131.27
235406 3/30/10 21,468.25
235407 3/30/10 10.00
235408 3/30/10 10.88
235409 3/30/10 18.66
235410 3/30/10 26.94
235411 3/30/10 31.19
235412 3/30/10 31.41
235413 3/30/10 35.00
235414 3/30/10 36.00
235415 3/30/10 39.95
235416 3/30/10 46.00
235417 3/30/10 50.00
235418 3/30/10 66.69
235419 3/30/10 70.00
235420 3/30/10 76.01
235421 3/30/10 80.00
235422 3/30/10 82.39
235423 3/30/10 100.00
235424 3/30/10 114.80
235425 3/30/10 120.00
235426 3/30/10 120.00
235427 3/30/10 125.00
235428 3/30/10 125.00
235429 3/30/10 130.00
235430 3/30/10 135.00
235431 3/30/10 135.00
235432 3/30/10 135.00
235433 3/30/10 140.00
235434 3/30/10 140.00
235435 3/30/10 144.00
235436 3/30/10 145.00
235437 3/30/10 145.60
235438 3/30/10 150.00
235439 3/30/10 150.00
235440 3/30/10 150.00
CALF
RNIA+
2/3
PAYEE
POTTER
EWERT, PHILLIP
ACEDO, IRMA
EMERGENCY EQPT. ENGINEERING
PADRE JANITORIAL SUPPLIES INC
INTERVIEWS & INTERROGATIONS
RAY
MACHADO
AGUIRRE
CNOA
DREDGE
JUDD ELECTRIC
JJJ ENTERPRISES
CALIFORNIA ELECTRIC SUPPLY
CONDON
POST
MCCABE
ICEBERG ENTERPRISES INC
KIMBLE
SHORT, CRAIG
RUIZ
CONAN CONSTRUCTION INC
AMERICAN ROTARY BROOM
PAUU
FLEETPRIDE
DAPPER TIRE COMPANY
SD AIR POLLUTION CONTROL
HUNTER'S NURSERY INC.
COOPER'S PLUMBING & HEATING
BON SUISSE INC
ABCANA INDUSTRIES
LASER SAVER INC
PERRY FORD
VALLEY INDUSTRIAL SPECIALTIES
SASI
JOHN DEERE LANDSCAPES
ZUMAR INDUSTRIES
SAN DIEGO REGIONAL
NAT ENTERTAINMENT NETWORK
PRO BUILD
BOYER FAMILY TRUST
HAMILTON MEATS & PROVISIONS
DEPARTMENT OF JUSTICE
ALL FRESH PRODUCTS
BRENNTAG PACIFIC INC
NAPA AUTO PARTS
DREW FORD
CDW GOVERNMENT, INC.
SAM'S ALIGNMENT SERVICE
N TI Illy
- INCORPORATED
WARRANT REGISTER # 39
3/30/2010
DESCRIPTION
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
LAMP ASSY/25 LUMENS
JANITORIAL SUPPLIES
INTERVIEW & INTERROGTN COURSE
RETIREE HEALTH BENEFITS-APRIL 2010
TRAVEL EXP/CULTURAL DIVERSITY
REIMB - CDBG IDIS TRAINING
TUITION: CNOA TRAINING
RETIREE HEALTH BENEFITS-APRIL 2010
CITY-WIDE ELECTRICAL REPAIRS
CITY-WIDE ALARM MONITORING
MOP 45698 ELECTRICAL MATERIAL
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
REFUND -OVERPAYMENT ON B/L
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
RETIREE HEALTH BENEFITS-APRIL 2010
FACILITY REPAIR CONTRACT
MOP 62683 AUTO PARTS
RETIREE HEALTH BENEFITS-APRIL 2010
TORQUE PLATE
TIRES FOR CITY FLEET
EMISSION FEE
MOP 45719 HORTICULTURAL ITEMS
CITY-WIDE PLUMBING PREVENTIVE
MILK/DAIRY DELIVERY FOR NUTRITION
MUNICIPAL POOL CHEMICALS
MOP 45725 INK CARTRIDGES
MOP 45703 R&M AUTO EQUIPMENT
MOP 46453 PLUMBING MATERIAL
PROCESSING CHGS 02/01/10-04/30/10
MOP #69277 HORTICULTURAL ITEMS
PARKING SIGN
TUITION: RECORDS CLERK
REFUND OF BUSINESS LIC COSTS
MOP #45707 ELECTRICAL MATERIALS
LIABILITY CLAIM COSTS
MEAT DELIVERY FOR NUTRITION
NEW EMP FINGERPRINT FEB 2010
FOOD FOR NUTRITION CENTER
POOL CHEMICALS (CHLORINE)
MOP #45735 SMALL TOOLS
MOP 49078 AUTO PARTS
OLYMPUS 2 CHANNEL MICROPHONE
LOWER CONTROL ARM
CHK NO DATE AMOUNT
235441 3/30/10 150.00
235442 3/30/10 160.00
235443 3/30/10 160.00
235444 3/30/10 177.81
235445 3/30/10 178.23
235446 3/30/10 184.00
235447 3/30/10 190.00
235448 3/30/10 194.20
235449 3/30/10 210.80
235450 3/30/10 225.00
235451 3/30/10 250.00
235452 3/30/10 250.00
235453 3/30/10 252.50
235454 3/30/10 254.48
235455 3/30/10 280.00
235456 3/30/10 280.00
235457 3/30/10 280.00
235458 3/30/10 296.00
235459 3/30/10 300.0e
235460 3/30/10 300.0.
235461 3/30/10 310.00
235462 3/30/10 312.30
235463 3/30/10 323.71
235464 3/30/10 340.00
235465 3/30/10 348.38
235466 3/30/10 355.77
235467 3/30/10 365.00
235468 3/30/10 373.15
235469 3/30/10 385.00
235470 3/30/10 452.45
235471 3/30/10 458.03
235472 3/30/10 468.03
235473 3/30/10 479.11
235474 3/30/10 485.63
235475 3/30/10 486.00
235476 3/30/10 487.20
235477 3/30/10 490.04
235478 3/30/10 494.00
235479 3/30/10 495.00
235480 3/30/10 520.73
235481 3/30/10 525.00
235482 3/30/10 533.43
235483 3/30/10 576.00
235484 3/30/10 580.*
235485 3/30/10 609.2,.
235486 3/30/10 628.96
235487 3/30/10 631.27
235488 3/30/10 643.14
235489 3/30/10 664.52
+�-* GALIFORNIA -i+
3/3
PAYEE
MARTINEZ
STAPLES ADVANTAGE
PACIFIC AUTO REPAIR
MASON'S SAW &
SOUTHLAND AUTO BODY
CALIFORNIA HIGHWAY ADOPTION CO
JOHNSON & JENNINGS
NOSAL, WILLIAMA.
CALIFORNIA RESERVE PEACE
C W REED JR
WADE & ASSOCIATES
SYSCO SAN DIEGO
CHRISTIANSEN AMUSEMENTS
SAN DIEGO POLICE EQUIPMENT
DATA TICKET INC
MONTGOMERY KONE, INC.
COUNTY OF SAN DIEGO
HARRIS & ASSOCIATES INC
'AIMS MANAGEMENT ASSOCIATES
it FORENSIC SUPPLY
TY OF CHULA VISTA
CITY OF CHULA VISTA
CITY OF CHULA VISTA
CHILDREN'S HOSPITAL
HCFA CIO CITY OF EL CAJON
SDCSI
SECTION 8 HAPS PAYMENTS
11.
11,11
IhTCORPORATE`O --
WARRANT REGISTER # 39
3/30/2010
DESCRIPTION
TRAVEL EXP/RECORDS CLERK
MOP 45704 PRINT CTRG
SMOG CERTIFICATION & REPAIRS
SAW CHAIN
BODY LABOR
PARADISE CREEK LITTER REMOVAL
REFUND OF C&D DEPOSIT
RETIREE HEALTH BENEFITS-APRIL 2010
MEMBERSHIP - 05/30/10 TO 05/30/11
RETIREE HEALTH BENEFITS-APRIL 2010
KIMBALL BOWL SOD
FOOD FOR NUTRITION CENTER
REFUND OF CARNIVAL BOND
SPEER LAWMAN
PC PROCESSING - FEB 2010
ELEVATOR REPAIRS/MAINTENANCE
MAIL PROCESSING 12/16/09 - 01/15/10
T AVE SIDEWALK
CONSULTANT SVCS FEB - MAR 2010
LAB SUPPLIES
ANIMAL SHELTER COSTS
ANIMAL SHELTER COSTS
ANIMAL SHELTER COSTS
CHILD ABUSE EXAMS
FY09-10 MEMBER ASSESSMENT
SEMINAR REGISTRATION
Start Date End Date
3/24/2010 3/30/2010
CHK NO DATE AMOUNT
235490 3/30/10 672,52
235491 3/30/10 745.64
235492 3/30/10 808.46
235493 3/30/10 811.60
235494 3/30/10 816.92
235495 3/30/10 960.00
235496 3/30/10 994.35
235497 3/30/10 1,065.60
235498 3/30/10 1,078.00
235499 3/30/10 1,123.93
235500 3/30/10 1,472.00
235501 3/30/ 10 1, 841.72
235502 3/30/10 2,500.00
235503 3/30/10 2,811.80
235504 3/30/10 2,920.82
235505 3/30/10 3,929.49
235506 3/30/10 4,356.92
235507 3/30110 4,500.00
235508 3/30/10 4,625.00
235509 3/30/10 7,590.36
235510 3/30/10 8,127.81
235511 3/30/10 8,306.31
235512 3/30/10 8,342.01
235513 3/30/10 9,618.00
235514 3/30/10 34,671 00
235515 3/30/10 70.00
AIP Total 185,382.80
5,787.23
GRAND TOTAL $ 191,170.03
+ CALI,FOIRNIA
AA cJTy
CORPORATES
Warrant Register # 39
3/30/2010
001 GENERAL FUND
105 PARKS MAINTENANCE FUND
109 GAS TAXES FUND
111 P.O.S.T. FUND
115 PARKS CAPITAL OUTLAY FUND
125 SEWER SERVICE FUND
159 GENERAL PLAN UPDATE RESERVE
166 NUTRITION
212 PERSONNEL COMPENSATION FUND
246 WINGS GRANT
301 GRANT C.D.B.G.
307 PROPOSITION A" FUND
502 SECTION 8 FUND
511 TAX INCREMENT FUND
626 FACILITIES MAINT FUND
627 LIABILITY INS. FUND
629 INFORMATION SYSTEMS MAINTENANC
643 MOTOR VEHICLE SVC FUND
727 BUILDING AND SAFETY T & A DEPOSITS
731 CONSTRUCTION AND DEMOLITION DEBRIS
92,440.31
993.96
490.04
1,544.72
1,472.00
1,031.72
2,498.36
3,962.65
6,749.53
238.00
210.80
4,500.00
14,087.15
38, 395.45
7,562.48
5,150.00
586.00
5,762.51
2,500.00
994.35
191,170.03
City of National City, California
CITY COUNCIL AGENDA STATEMENT
FETING DATE April 20, 2010
AGENDA ITEM NO. 13
ITEM TITLE PUBLIC HEARING TO CONSIDER ADOPTION OF AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN
URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING FOR 10 MONTHS AND 15 DAYS A
MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW
MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY OF NATIONAL CITY
PREPARED BY George Eiser DEPARTMENT City Attorney
Ext. 4221
EXPLANATION
On March 16, 2010, the City Council enacted Ordinance No. 2010-2332 as an urgency ordinance, to take effect
immediately, imposing a 45-day moratorium prohibiting the issuance of massage technician permits and prohibiting
new massage establishments from locating within the City. The moratorium will expire on April 30, 2010, unless
extended. An ordinance is proposed as a companion item on this agenda to extend the moratorium by 10 months
and 15 days. This public hearing, which has been noticed as required by law, is a required preliminary step toward
adopting the ordinance.
The moratorium was originally enacted due to the need for the City to revise its regulations pertaining to massage
technician permits and massage establishments. The needed revisions have been complicated by the unsettled
status of state law in this area. Once the state law is clarified, the City's regulations can be updated to conform to that
state law.
At its meeting on April 13, 2010, the City Council adopted a resolution approving the issuance of a written report on
this subject. In addition to the proposed ordinance, a copy of the written report approved by the Council on April 13 is
ttttached.
Environmental Review
Financial Statement
N/A
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Conduct Public Hearing
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Proposed Ordinance
LNotice of Public Hearing
Report of the City Council
Memorandum to City Council dated March 16, 2010
A-200 (9/99)
ORDINANCE NO. 2010 —
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT
TO GOVERNMENT CODE SECTION 65858 AS -AN URGENCY
MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING
FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING
THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS
AND PROHIBITING NEW MASSAGE ESTABLISHMENTS
FROM LOCATING WITHIN THE CITY OF NATIONAL CITY
WHEREAS, Chapter 10.79 of the National City Municipal Code provides for the
establishment and permitting of massage businesses and massage technicians within the city,
with the Finance and the Police Departments being authorized to process and administer the
permits; and
WHEREAS, Section 10.79.050 of the Municipal Code specifically requires a
massage technician to apply to the City of National City for a technician permit. The
requirements for the application for the permit are set forth in Section 10.79.060; and
WHEREAS, zoning restrictions pertaining to massage establishments within the
city are located in Chapter 18.69 of the Municipal Code, where such establishments are
designated as "adult -oriented businesses"; and
WHEREAS, in January 2009, the California Business and. Professions Code
Sections 4600 et seq., were enacted by urgency legislation that states that a city shall not enact
an ordinance that requires a license, permit, or other authorization to practice massage by an
individual who is certified pursuant to State law and who is practicing consistent with the
qualifications established by his or her certification. It further states that no provision of any
ordinance enacted by a city that is in effect before the effective date of the 2009 State legislation
that required a license, permit, or other authorization to practice massage, may be enforced
against an individual who is certified pursuant this State law: and
WHEREAS, due to the 2009 amendment to State law, National City Municipal
Code Section 10.79 became, in part, inconsistent with State law as to massage technician
permits; and
WHEREAS, in May of 2009, the State again adopted new legislation pertaining to
massage establishments and the ability of cities to regulate and enforce their requirements upon
them; and
WHEREAS, City staff was in the process of amending Chapter 10.79 of the
National City Municipal Code to conform with the first amendment to State law, when the
second amendment to State law went into effect; and
WHEREAS, City staff was again in the process of drafting an amendment to
Chapter 10.79 of the Municipal Code to conform with the first and second 2009 amendments to
State law, when it was discovered that yet a third amendment to State law had been proposed
by urgency legislation in the State Assembly in February, 2010, which amendment is significant;
and
WHEREAS, the City Council finds it necessary and appropriate to review and
consider the provisions of the proposed urgency legislation pertaining to massage
establishments and technicians introduced in February of this year by the State Assembly; and
WHEREAS, a valid ordinance regulating massage establishments and massage
technicians is necessary to protect the public health, safety, and welfare, in that such an
ordinance will ensure that to the greatest extent possible, massage businesses will be
conducted in a clean and sanitary manner, and in such a way that the operation of such
businesses does not involve prostitution and lewd conduct; and
WHEREAS, the City Council finds that there is a current and immediate threat to
the public health, safety, and welfare of the city and its residents resulting from the absence of a
local ordinance that follows the State mandates relating to massage establishments and
technicians, and that the location of such establishments and the issuance of permits and other
entitlements for such establishments would result in a threat to the public health, safety, and
welfare if such an ordinance were to be found invalid; and
WHEREAS, at their regular public meeting held on March 16, 2010, the City
Council adopted, as an urgency interim ordinance, Ordinance No. 2010-2332, enacting a
moratorium for 45 days prohibiting the issuance of massage technician permits and prohibiting
new massage establishments from locating within the City; and
WHEREAS, on April 13, 2009, the City Council adopted Resolution No. 2010-
, "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium
Ordinance Prohibiting the Issuance of Massage Technician Permits and Prohibiting New
Massage Establishments from Locating within the City; and
WHEREAS, on April 20, 2010, the City Council held a public hearing, at which
time oral and documentary evidence was heard, to consider adopting an urgency ordinance to
extend for an additional period of 10 months and 15 days the 45 day moratorium established by
Ordinance No. 2010-2332; and
WHEREAS, the City Council finds it essential to protect the health, safety and
welfare of the citizens of the City of National City to extend for an additional period of 10 months
and 15 days the moratorium established by Ordinance No. 2010-2332 prohibiting the issuance
of massage technician permits and prohibiting new massage establishments from locating
within the City; and
WHEREAS, the City Council intends to adopt, after appropriate study and
legislative review, an ordinance that would apply throughout the city for the proper regulation of
massage establishments and technicians as soon as practicable, and directs the City Attorney's
Office to commence the review necessary for the adoption of such proper regulations.
NOW, THEREFORE, the City Council of the City of National City does ordain as
follows:
Section 1. For a period of 10 months and 15 days from the effective date of this
Ordinance, no massage technician permit shall be issued, no massage establishment not
currently existing within the city shall be located within the city; no building permit, certificate of
occupancy, establishment permit, business license, nor permit or entitlement for a massage
establishment shall be issued; no construction shall take place relating to a massage
establishment; and no construction shall take place within the city relating to the location,
development, or approval of any massage establishment.
Ordinance No. 2010 - 2332 2 Massage Establishment Moratorium
Section 2. For purposes of this Ordinance, "massage establishment" and "massage
technician permit" shall have the meanings described in Sections 10.79.030(B) and (E), and
Section 18.69.020(N) of the National City Municipal Code.
Section 3. This Ordinance is adopted as an urgency ordinance necessary for the
immediate preservation of the public health, safety, and welfare within the meaning of the
Government Code, and shall take effect immediately.
Section 4. The City Council hereby directs the City staff to engage in studies and
procedures necessary for the adoption of regulations governing massage technician permits
and the locating of massage establishments from locating within the City; and
Section 5. If any portion of this Ordinance is found to be invalid, it is the intention of
the City Council that the remaining valid provisions of the Ordinance be severed from the invalid
provisions and remain in full force and effect.
PASSED and ADOPTED this 20th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George I+ Eiser, III
City Attorney
Ordinance No. 2010 - 2332 3 Massage Establishment Moratorium
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of National
City will hold a Public Hearing after the hour of 6:00 p.m., on Tuesday, April 20,
2010, in the City Council Chambers, 1243 National City Blvd., National City, to
consider EXTENDING FOR AN ADDITIONAL 10 MONTHS AND 15
DAYS THE PREVIOUSLY ADOPTED INTERIM ORDINANCE ADOPTED
PURSUANT TO GOVERNMENT CODE SECTION 65868 AS AN
URGENCY MEASURE ENACTING A MORATORIUM PROHIBITING THE
ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING
NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN
NATIONAL CITY.
The City Council will issue a written report on April 13, 2010 describing the
measures taken to alleviate the conditions which led to the adoption of the
Moratorium Ordinance. The full text of that report will be available for viewing in
the City Clerk's Office during normal business hours.
Anyone interested in this matter may appear at the above time and place
and be heard. If you challenge the nature of the proposed action in court, you
may be limited to raising only those issues you or someone else raised at the
Public Hearing described in this notice, or in written correspondence delivered to
the undersigned, or to the City Council at, or prior to, the Public Hearing.
M. Dalla, City Clerk
Published in the San Diego Union -Tribune on
April 9, 2010
REPORT
MORATORIUM ORDINANCE PROHIBITING
THE ISSUANCE OF MASSAGE TECHNICIAN
PERMITS AND PROHIBITING NEW MASSAGE
ESABLISHMENTS FROM LOCATING IN THE CITY
(Government Code Section 65858(d))
Since the City Council's adoption of the urgency moratorium ordinance on March 16,
2010 (Ordinance No. (2010-2232) prohibiting the issuance of massage technician permits
and prohibiting new massage establishments from locating within the City, the City has
taken the following actions to alleviate the condition which led to the adoption of the
ordinance:
1. Review of Current Land Use Code: Business Licenses Applications:
As with any business operating within the City of National City, a massage
establishment must obtain a business license. At the time of application, the
business license application would be forwarded to the Planning Division to
determine if the use is an allowed use within the zone in which it is proposed.
The City's Land Use Code, Chapter 18.69 designates a massage establishment as
an "adult -oriented business". As such, a massage establishment may not be
located within 1,500 feet of another adult -oriented business, school or public park,
or within 1000 feet of any residentially — zoned property.
2•. Inventoried Existing:
The City's Finance Department researched business license records and
determined that there currentlyare no massage establishments within the City.
There is an unenclosed business located within Plaza Bonita consisting of four
chairs on whichcustomersmayreceive a massage, but this business would not
come within the definition of "massage parlor" in Chapter 18.69.
3. Review of Inquires/Pending Permit Applications:
Although the Police Department has received on inquiry regarding a massage
technician permit, no formal permit applications have been submitted.
Summary
The moratorium was originally enacted due to the need for the City to revise its
regulations pertaining to massage technician permits and massage establishments.
Making the needed revisions has been complicated by the unsettled status of state law in
this area. The City Attorney's office is continuing to monitor any changes in the
applicable state law. Once the state law is clarified, the City's regulations can be updated
to conform to that law.
EXHIBIT "A'
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AND AUTHORIZING ISSUANCE
OF A WRITTEN REPORT PERTAINING
TO A MORATORIUM ORDINANCE
PROHIBITING THE ISSUANCE OF MASSAGE
TECHNICIAN PERMITS AND PROHIBITING NEW
MASSAGE ESTABLISHMENTS FROM
LOCATING WITHIN THE CITY
WHEREAS, at the City Council meeting of March 16, 2010, the Council
enacted Ordinance No. 2010-2332, "An Interim Ordinance of the City Council of the City
of National City Adopted Pursuant to Government Code Section 65858 as an Urgency
Measure to Take Effect Immediately, Enacting a Moratorium Prohibiting the Issuance of
Massage Technician Permits and Prohibiting New Massage Establishments from
Locating within the City of National City; and
WHEREAS, the moratorium enacted pursuant to Ordinance No. 2010-
2332 will expire on April 30, 2010, subject to extension by action of the City Council; and
WHEREAS, Section 65858(d) of the Government Code provides that 10
days prior to the expiration of the interim ordinance or any extension, the legislative body
shall issue a written report describing the measures taken to alleviate the condition
which led to the adoption of the ordinance; and
WHEREAS, a Report satisfying the requirements of Government Code
Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby finds and determines that the Report attached hereto as Exhibit
"A" satisfies the requirements of Government Code Section 65858(d), and hereby
approves and authorizes issuance of said Report.
PASSED and ADOPTED this 13th day of April, 2010.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalia, City Clerk George H. Eiser, III, City Attorney
6
Mayor
Ron Morrison
Council Members
Frank Parra
Alejandro Sotelo-Solis
Jess Van Deventer
Rosalie Zarate
Office of the City Attorney
City Attomey
George H. Eiser, HI
Senior Assistant City Attorney
Claudia Gacitua Silva
Senior Assistant City Attorney
Jodi L. Doucette
Risk Manager
Ashley K. Fenton
TO: Mayor and City Council DATE: March 16, 2010
FROM: Jodi L. Doucette, Senior Assistant City Attorney -
SUBJECT: Interim Ordinance to Adopt as an. Urgency Measure a Moratorium Prohibiting
Issuance of Massage Technician Permits.and New Massage Establishments from
Locating within the City of National City
INTRODUCTION
The State of California's regulation of massage technician and massage establishment
permits is in a state of flux. A new State law was passed in 2009 that conflicted with the City's
current regulatory ordinance. In the course of redrafting the City's current ordinance to comply
with the newly enacted State law, a new bill was introduced into the State legislature this past
month that would reverse the 2009 State law. Accordingly, a moratorium on the location of new
massage establishments in the city is advisable until status of the State law is settled.
DISCUSSION
National City Municipal Code Chapter 10.79 currently provides for the permitting of
massage technicians and massage establishments. Specifically, Section 10.79.050 requires a
massage technician to apply to the City for a technician permit The requirements for the
application for the permit are set forth in Section 10.79.060. Additionally, zoning restrictions
pertaining to massage establishments are found in Chapter 18.69 of the Municipal Code, where
such establishments are designated as "adult -oriented businesses".
California Business and Professions Code section 4600 et seq., (hereinafter"2009 Act")
was enacted in January 2009 through urgency legislation. It was the intent of the 2009 Act to
create a voluntary certification program for the massage therapy profession that would enable
consumers to easily identifycrediblecertified massage therapists; assure that certified massage
therapists have completed sufficient training at approved schools; phase in increased education
and training standards consistent with other states; assure that massage therapy can no longer be
used as a subterfuge to violate subdivisions (a) or (b) of Section 647 of the Penal Code
(prohibiting Iewd conduct and prostitution); and to establish the Massage Therapy Organization
as a self -funded nonprofit oversight body to approve certification and education requirements for
massage therapists.
--1-243-National-City-Beulevard;-Nationai-City,California9t950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
The 2009 Act, among other provisions, states that a city shall not enact an ordinance that
requires a license, permit, or other authorization to practice massage by an individual who is
certified pursuant to the Act, and who is practicing consistent with the qualifications established
by his or her certification. Further, no provision of any ordinance enacted by a city that is in
effect before the effective date of the 2009 Act that required a license, permit, or other
authorization to practice massage, may be enforced against an individual who is certified
pursuant to the Act. Accordingly, National City Municipal Code Section 10.79 contains portions
that are inconsistent with the 2009 Act. Primarily, National City Municipal Code Section
10.79.050 (massage technician permit) and 10.79.060 (application information) cannot be
enforced due to the enactment of the 2009 Act.
As to the City's ability to regulate massage establishments through zoning and business
licenses, the 2009 Act stated that nothing in the Act should be interpreted to prevent a city from
adopting or enforcing any local ordinance governing zoning, business licensing, and reasonable
health and safety requirements for massage establishments or businesses. "Nothing in this
section shall prohibit a city, county, or city and county from adopting land use and zoning
requirements applicable to massage establishments or businesses, provided that these
requirements shall be no different than the requirements that are uniformly applied to other
professional or personal services businesses." (Bus. Prof. § 4612(b)(4).) "A city, county, or city
and county may adopt reasonable health and safety requirements with respect to massage
establishments or businesses, including, but not limited to, requirements for cleanliness of
massage rooms, towels and linens, and reasonable attire and personal hygiene requirements for
persons providing massage services, provided that nothing in this paragraph shall be interpreted
to authorize adoption of local ordinances that impose additional qualifications, such as medical
examinations, background checks, or other criteria, upon any person certified pursuant to this
chapter." (Bus. Prof. § 4612(b)(6).) The 2009 Act attempts to clarify that it does not apply to
any massage establishment or business that employs or uses persons to provide massage services
who are not certified pursuant to the Act. (Bus. Prof. § 4612(a)(3).)
Subsequently, in May 2009, the state legislature adopted more regulations in this area.
The State law changes effective in late May 2009, provided cities with more latitude in their
permit requirements as to business licenses for massage establishments. (Gov. § 51030 et seq.).
The more recent legislation states that a city ordinance:
"may condition the issuance of a license to engage in the business of massage
upon proof that a massage business meets the reasonable standards set by the
ordinance, which may include, but need not be limited to, the following areas:
(a) Age of massage personnel.
(b) Education and experience of massage personnel.
(c) Passage by massage personnel of a practical examination of
competence.
(d) Sanitary conditions of the massage establishment.
(e) Hours of operation of the massage business.
2 Massage Moratorium
March 16;-2410—
(f) Prohibition of the sale or serving of food or beverage or the
conducting of non -massage business on the premises of the
massage business. In the event that the business premises in
which such massage business is conducted possesses or is
qualified to possess a certificate of occupancy issued by
such city or county, the prohibition of this subdivision shall
apply only to the portion of the premises exclusively
devoted to the conduct of the massage business."
This new addition to the State law proved to be very confusing as it related to the changes
made by the original 2009 Act, and many cities have expressed difficulties in reconciling these
two State law changes in the area.
Upon a review of the National City Municipal Code after the 2009 State legislation, it
was determined that amendments to the Municipal Code are necessary for it to be consistent with
that legislation. In the midst of our preparing and finalizing changes to the City's massage
ordinance, the State legislature proposed further changes to the State law in this area. The
proposed language was introduced in February 2010, by the State Assembly as urgency
legislation, and seeks to amend Section 4600 et seq. of the Business and Professions Code,
adopted in 2009, and Penal Code § 647.15. AB 1822 proposes to effectively change the state
law back to its pre-2009 status, whereby cities were able to permit and certify massage
technicians. It would transfer back to cities and counties the authority to regulate the massage
industry, rather than the Massage Therapy Organization, as under the current state law,
The City's current regulation of massage technicians and establishments in Municipal
Code Section 10.79 is currently inconsistent with existing State law, and needs to be updated.
However, given the multitude of confusing and apparently conflicting provisions in the State law
for the regulation of massage technicians and massage establishments, and the current proposal
to change it yet again, it is reconunended that the City not yet amend its ordinance until the
current inconsistencies in State law are resolved, and the final outcome of regulation in this area
is settled. Toward this end, it is further recommended that the City Council enact an urgency
ordinance, to take effect immediately, prohibiting the issuance of massage technician permits and
prohibiting new massage establishments from locating within the city.
Statutory Authority for Interim Ordinance
Section 65858 of the California Government Code authorizes a city, in order to protect
the public health, safety, and welfare, and without following the procedures otherwise required,
to adopt as an urgency measure to take effect immediately as an interim ordinance, prohibiting
any uses that may be in conflict with a zoning proposal that the legislative body, planning
commission, or the planning department is considering or studying or intends to study within a
reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After a
public hearing, the interim ordinance may be extended for additional periods of 10 months and
15 days, and subsequently for one year. A fourth -fifths vote of the City Council is required to
pass the ordinance in each case.
3
Massage Moratorium
-- March 1b,-20-10
Enactment of an urgency interim ordinance prohibiting issuance of massage technician
permits, and prohibiting new massage establishments from locating in National City is
recommended, in order to allow State law in this area of regulation to become settled. Once this
has occurred, it will be recommended that the provisions of the Municipal Code regulating
massage establishments and technicians be amended to conform to State law. A valid ordinance
regulating massage establishments and massage technicians is necessary to protect the .public
health, safety, and welfare, in that such an ordinance will ensure that the business of massage is
operated in a clean and sanitary manner, and in such a way that problems with prostitution and
lewd conduct do not arise.
CONCLUSION
It is recommended that the City Council enact a moratorium ordinance prohibiting the
issuance of massage technician permits as well as the location of new massage establishments.
Jo . Doucette,
Se i Assistant City Attorney
4
Massage Moratorium
-March 16,-20.1O. —.
City of National City, California
CITY COUNCIL AGENDA STATEMENT
EETING DATE April 20, 2010
AGENDA ITEM NO.
14
ITEM TITLE An Interim Ordinance of the City Council of the City of National City adopted
pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately,
extending for 10 months and 15 days a Moratorium prohibiting the issuance of massage
technician permits and prohibiting new massage establishments from locating within the City of
National City.
PREPARED BY George Eiser �� DEPARTMENT City Attorney
Ext. 4221
EXPLANATION
On March 16, 2010, the City Council enacted Ordinance No. 2010-2332 as an urgency ordinance,
to take effect immediately, imposing a 45-day moratorium prohibiting the issuance of massage
technician permits and prohibiting new massage establishments from locating within the City. The
moratorium will expire on April 30, 2010, unless extended. The proposed ordinance, if enacted by
the City Council, will extend the moratorium for 10 months and 15 days. A companion item on the
agenda is public hearing wherein the City Council will consider extending the moratorium for a
period of 10 months and 15 days. Please refer to the attachments and background materials for
the public hearing item.
Environmental Review
Financial Statement
N/A
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt proposed Ordinance
BOARD 1 COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Proposed Ordinance
A-200 (9/99)
ORDINANCE NO. 2010 —
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT
TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY
MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING
FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING
THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS
AND PROHIBITING NEW MASSAGE ESTABLISHMENTS
FROM LOCATING WITHIN THE CITY OF NATIONAL CITY
WHEREAS, Chapter 10.79 of the National City Municipal Code provides for the
establishment and permitting of massage businesses and massage technicians within the city,
with the Finance and the Police Departments being authorized to process and administer the
permits; and
WHEREAS, Section 10.79.050 of the Municipal Code specifically requires a
massage technician to apply to the City of National City for a technician permit. The
requirements for the application for the permit are set forth in Section 10.79.060; and
WHEREAS, zoning restrictions pertaining to massage establishments within the
city are located in Chapter 18.69 of the Municipal Code, where such establishments are
designated as "adult -oriented businesses"; and
WHEREAS, in January 2009, the California Business and Professions Code
Sections 4600 et seq., were enacted by urgency legislation that states that a city shall not enact
an ordinance that requires a license, permit, or other authorization to practice massage by an
individual who is certified pursuant to State law and who is practicing consistent with the
qualifications established by his or her certification. It further states that no provision of any
ordinance enacted by a city that is in effect before the effective date of the 2009 State legislation
that required a license, permit, or other authorization to practice massage, may be enforced
against an individual who is certified pursuant this State law: and
WHEREAS, due to the 2009 amendment to State law, National City Municipal
Code Section 10.79 became, in part, inconsistent with State law as to massage technician
permits; and
WHEREAS, in May of 2009, the State again adopted new legislation pertaining to
massage establishments and the ability of cities to regulate and enforce their requirements upon
them; and
WHEREAS, City staff was in the process of amending Chapter 10.79 of the
National City Municipal Code to conform with the first amendment to State law, when the
second amendment to State law went into effect; and
WHEREAS, City staff was again in the process of drafting an amendment to
Chapter 10.79 of the Municipal Code to conform with the first and second 2009 amendments to
State law, when it was discovered that yet a third amendment to State law had been proposed
by urgency legislation in the State Assembly in February, 2010, which amendment is significant;
and
WHEREAS, the City Council finds it necessary and appropriate to review and
consider the provisions of the proposed urgency legislation pertaining to massage
establishments and technicians introduced in February of this year by the State Assembly; and
WHEREAS, a valid ordinance regulating massage establishments and massage
technicians is necessary to protect the public health, safety, and welfare, in that such an
ordinance will ensure that to the greatest extent possible, massage businesses will be
conducted in a clean and sanitary manner, and in such a way that the operation of such
businesses does not involve prostitution and lewd conduct; and
WHEREAS, the City Council finds that there is a current and immediate threat to
the public health, safety, and welfare of the city and its residents resulting from the absence of a
local ordinance that follows the State mandates relating to massage establishments and
technicians, and that the location of such establishments and the issuance of permits and other
entitlements for such establishments would result in a threat to the public health, safety, and
welfare if such an ordinance were to be found invalid; and
WHEREAS, at their regular public meeting held on March 16, 2010, the City
Council adopted, as an urgency interim ordinance, Ordinance No. 2010-2332, enacting a
moratorium for 45 days prohibiting the issuance of massage technician permits and prohibiting
new massage establishments from locating within the City; and
WHEREAS, on April 13, 2009, the City Council adopted Resolution No. 2010-
, "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium
Ordinance Prohibiting the Issuance of Massage Technician Permits and Prohibiting New
Massage Establishments from Locating within the City; and
WHEREAS, on April 20, 2010, the City Council held a public hearing, at which
time oral and documentary evidence was heard, to consider adopting an urgency ordinance to
extend for an additional period of 10 months and 15 days the 45 day moratorium established by
Ordinance No. 2010-2332; and
WHEREAS, the City Council finds it essential to protect the health, safety and
welfare of the citizens of the City of National City to extend for an additional period of 10 months
and 15 days the moratorium established by Ordinance No. 2010-2332 prohibiting the issuance
of massage technician permits and prohibiting new massage establishments from locating
within the City; and
WHEREAS, the City Council intends to adopt, after appropriate study and
legislative review, an ordinance that would apply throughout the city for the proper regulation of
massage establishments and technicians as soon as practicable, and directs the City Attorney's
Office to commence the review necessary for the adoption of such proper regulations.
NOW, THEREFORE, the City Council of the City of National City does ordain as
follows:
Section 1. For a period of 10 months and 15 days from the effective date of this
Ordinance, no massage technician permit shall be issued, no massage establishment not
currently existing within the city shall be located within the city; no building permit, certificate of
occupancy, establishment permit, business license, nor permit or entitlement for a massage
establishment shall be issued; no construction shall take place relating to a massage
establishment; and no construction shall take place within the city relating to the location,
development, or approval of any massage establishment.
Ordinance No. 2010 - 2332 2 Massage Establishment Moratorium
Section 2. For purposes of this Ordinance, "massage establishment" and "massage
technician permit" shall have the meanings described in Sections 10.79.030(B) and (E), and
Section 18.69.020(N) of the National City Municipal Code.
Section 3. This Ordinance is adopted as an urgency ordinance necessary for the
immediate preservation of the public health, safety, and welfare within the meaning of the
Government Code, and shall take effect immediately.
Section 4. The City Council hereby directs the City staff to engage in studies and
procedures necessary for the adoption of regulations governing massage technician permits
and the locating of massage establishments from locating within the City; and
Section 5. If any portion of this Ordinance is found to be invalid, it is the intention of
the City Council that the remaining valid provisions of the Ordinance be severed from the invalid
provisions and remain in full force and effect.
PASSED and ADOPTED this 20th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ordinance No. 2010 - 2332 3 Massage Establishment Moratorium
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 15
EM TITLE:
An ordinance of the City Council of the City of National City Amending Title 7 of the National City
Municipal Code by adding Chapter 7.34 pertaining to Shopping Cart Containment
PREPARED BY: Jodi L. Doucette, Esq.
PHONE: 336-4412
EXPLANATION:
DEPARTMENT: City torney
APPROVED BY:
Please see attached memorandum.
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
X
Finance
MIS
STAFF RECOMMENDATION:
Adopt ordinance.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
:morandum
)posed ordinance
Mayor
Ron Morrison
Council Members
Frank Parra
Alejandro SateloSolis
Jess Van Deventer
Rosalie Zarate
Office of the City Attorney
TO: Mayor and City Council
FROM: Senior Assistant City Attorney
SUBJECT: Shopping Cart Contaimnent
City Attorney
George H. Eiser, IN
Senior Assistant City Attorney
Claudia Gacitua Silva
Senior Assistant City Attorney
Jodi L Doucette
DA I'E: March 23, 2010
INTRODUCTION
There have been long-standing concerns over shopping carts that have been removed
from business premises without authorization and used to transport recycling items, or used by
the homeless and found abandoned in neighborhoods, and the resulting costs incurred by the City
in retrieving them. To address these concerns, this office has researched possible remedies for
such unauthorized use and abandonment of shopping carts, and has drafted the proposed
ordinance for consideration by the City Council.
DISCUSSION
Abandoned shopping carts are a persistent problem for many cities in California,
including the City of National City. The accumulation of wrecked, dismantled, or abandoned
shopping carts, or parts thereof, on public property creates a condition tending to reduce property
values, promote blight and deterioration, constitute an attractive nuisance creating a hazard to the
health and safety of minors, be aesthetically detrimentalto the community, and be injurious to
the health, safety, and general welfare. The presence of wrecked, dismantled, or abandoned
shopping carts on public property can be declared to constitute a public nuisance that may be
abated as such in accordance with the provisions of existing ordinances, but this is a lengthy
process, at best.
Pursuant to Section 22435 et seq., of the Business and Professions Code, responsibility
for remedying this impact has essentially been placed upon the individuals who use shopping
carts without authorization, and the businesses that own them. These sections make it a
misdemeanor to possess a shopping cart without permission of the business to which it belongs.
These sections also mandate a retrieval program where it is incumbent on the businesses to
retrieve carts impounded by cities. Essentially, a city is to provide notice to the cart owner that
the cart has been found and identify the location where it can be found. If the cart is not
retrieved within three days after receipt of the notice, or if the cart impedes emergency services,
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
Mayor and City Council
March 23, 2010
Page Two
the cart may be impounded by the city, and the city may recover costs for removal and
impounding. If the cart is unclaimed after a period of 30 days of receipt of the notice, the cart
may be destroyed or sold. A fine of $50 may also be imposed after the occurrence of three
violations within a six month period.
Enforcement of such state regulations has been found in many cities to he insufficient to
remedy the problem alone, for example, when the violator is a homeless person who may be
cited and released, but fails to appear for the citation, then subsequently returns to repeat the
offense. Moreover, these provisions of state law that allow carts to remain off -site for three days
create a quality of life issue. Residents who report such cart violations generally want the cart
removed immediately. Recently, state legislative proposals attempted to shorten this waiting
period to a shorter time frame, but the legislation was not enacted.
The National City Police Department tried a pilot program for cart clean up that included
peripheral assistance by commercial establishments. This program, implemented in 2005 as part
of the Police Departments Alpha POP Homeless Project, was not successful. The Police
Department's efforts included drafting flyers and distributing them to the homeless, notifying
them of the existing state laws prohibiting their possession of the carts, and thereafter citing
those identified as having received notice of the illegality of such possession and bringing them
to the station upon arrest. The Department notified recycling companies of the need to put up
signs against accepting recycling items delivered in shopping carts. The Department initiated
three sweeps of abandoned carts, which lasted for entire days on each occasion, and collected
hundreds of carts. The Police Department then contacted the commercial establishments that had
contracts with agents for cart retrieval. However, no one came to retrieve the carts, and the City
became the retrieval AND delivery source for these abandoned carts — the businesses did not
seem concerned with their return. Moreover, many carts could not be identified with any
particular store, having been altered by the homeless; these carts remained in a City warehouse.
It took exhaustive efforts by the Police and Public Works Departments to address the shopping
cart issue with the existing regulations, and it was determined not to be cost effective. Neither
department had enough staff to continue to maintain the clean up efforts, particularly without the
commercial establishments' assistance.
Approaches taken by other cities range from taking no action to requiring all businesses
with shopping carts to contain their carts. Some programs have a two-step approach, starting
with minimal requirements then progressing to more stringent standards such as mandatory
containment for problematic businesses.
While the state regulations as a whole preempt most areas of possible municipal recourse
for remedying such a problem, Section 22435.8 of the Business and Professions Code allows a
city to regulate the removal of shopping carts as long as it is not in conflict with state regulations.
Therefore, effective containment or control of the shopping carts may be permitted as long as no
conflicts with state law exist.
Mayor and City Council
March 23, 2010
Page Three
Accordingly, some cities have determined that an additional measure should be placed on
businesses providing shopping carts for their patrons by obligating the business to institute a
"cart containment program" as the best and most effective manner to address the issue.
Containment programs have been developed in other cities with certain goals in mind. The goals
are essentially to reduce neighborhood blight caused by abandonment of carts, to make
businesses part of the solution in addressing the issue while providing for flexibility as to what
type solution to implement, and to keep City costs to a minimum. "Cart containment programs"
include a range of options that include electronic systems of operation, parking lot guards,
devices that prevent removal, bollards and chains surrounding the premises, security deposits for
use of carts, etc.
Containment technology such as electronic systems that lock the wheels of carts taken
beyond an established electronic perimeter can be effective if properly maintained. Systems
requiring a deposit to gain access to a cart are becoming more popular in regions of the U.S. after
becoming common in some European countries. Stores that provide customer assistance to their
vehicles have also proven to be highly effective by some grocers, including Stater Brothers and
the 99 Cent store. Some commercial establishments within the city have already adopted such
programs voluntarily, in order to cut down on their costs for retrieval and the need to repurchase
new carts when theirs are stolen.
Attached is an ordinance that would require Local businesses with cart service to have a
"cart containment program" of their choice from the options listed. Providing options allows the
establishment to deal with shopping carts in the manner that best suits its budget and needs.
Moreover, this type of regulation via a cart containment ordinance does not appear to interfere
with statepreemption issues, as it is a regulation that would not be in conflict with current state
regulation but would exist in addition to state regulations in this area.
It is recommended that a period of compliance with such an additional municipal
regulation be established by the City Council, allowing the businesses time to develop a program
that would best suit their needs. A recommended period might be 180 days for compliance after
passage of the ordinance.
CONCLUSION
It is recommended that City Council enact the accompanying ordinance that requires
businesses to implement a Cart Containment Program that could assist in reducing the blight of
abandoned shopping carts.
JO ��' . DOUCE E, ESQ.
Sem Assistant City Attorney
JLD/mpa
ORDINANCE NO. 2010 — 2334
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING
CHAPTER 7.34 PERTAINING TO SHOPPING CART CONTAINMENT
WHEREAS, the City Council of the City of National City finds that shopping carts
found in other than their intended locations on business premises are an eyesore, a potential
hazard, and a nuisance; and
WHEREAS, the City Council of the City of National City intends that the owners
of shopping carts should be held responsible for containing their shopping carts on their
respective business premises.
follows:
NOW THEREFORE, the City Council of the City of National City ordains as
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. Title 7 of the National City Municipal Code is hereby amended, by adding
Chapter 7.34 to read as follows:
Chapter 7.34
SHOPPING CART CONTAINMENT
Sections:
7.34.010 Definitions.
7.34.020 Cart containment system —Required; exception.
7.34.030 Cart removal warnings.
7.34.040 Employee training —Cart removal prevention.
7.34.050 Cart identification signs for shopping carts.
7.34.060 Cart removal from business premises —written permission required.
7.34.070 Physical containment system.
7.34.080 Regulatory fee authorized.
7.34.090 City powers not limited by this Chapter.
734.100 Violations.
7.34.010 Definitions. For purposes of this Chapter only, and unless the context
clearly requires a different meaning, the words, terms, and phrases set forth in this Section are
defined as follows:
A. "Business premises" means the interior of a cart owner's commercial
establishment, adjacent walkways, any loading area, and the parking area, as defined herein.
B. "Cart owner" means the owner or operator of a commercial establishment that
provides carts for use by its customers for the purpose of transporting goods of any kind. Cart
owner includes the on -site manager or designated agent of the actual cart owner.
C. "Cart identification sign" means a sign or engraved surface which is permanently
affixed to a shopping cart containing all of the information specified in Section 7.34.050 of this
Chapter.
D. "Cart removal warning" means a placard, sign, or painted text which meets the
requirements of Section 7.34.030 of this Chapter.
E. "Individual cart identification number" means a number unique to each cart
owned or provided by a cart owner.
F. "On -site cart containment program" means one or more of the following
measures:
1. Disabling devices on all shopping carts which prevent them from being
removed from the business premises by locking the wheels or otherwise preventing the
movement of the carts.
2. An on -site security guard to deter customers who attempt to remove carts
from the business premises.
3. Bollards and chains around the business premises, if permitted by the
Fire Marshal, to prevent cart removal.
4. Obtaining a security deposit from customers for the on -site use of
shopping carts.
5. The rental or sale of utility carts that can be temporarily or permanently
used for the transport of goods.
G. "Parking area" means a parking lot or other property provided by a commercial
establishment for use by a customer for parking an automobile or other vehicle. In a multi -store
complex or shopping center, "parking area" includes the entire parking area used by or
controlled by the complex or center.
H. "Physical containment system" means one of the following, as approved by the
Director of Development Services:
1. Disabling devices on all shopping carts which prevent them from being
removed from the business premises by locking the wheels or otherwise preventing the
movement of the carts.
2. Any other system of equipment approved by the Director of Development
Services which physically contains shopping carts on premises.
I. "Qualified cart retrieval service" means a commercial service, operated by a third
party and paid by a cart owner to retrieve and return shopping carts. The Director of
Development Services shall develop minimal service standards by which a cart retrieval service
may be designated as a qualified cart retrieval service and maintain a list of all such service
providers.
J. "Shopping cart", sometimes referred to herein as a "cart", means a basket that is
mounted on wheels or a similar device provided by the operator of a commercial establishment
for the use of customers for the purpose of transporting goods of any kind. A cart sold by a
commercial establishment to a retail customer for that customer's personal use is not a
shopping cart for the purposes of this Chapter.
7.34.020 Cart containment system —Required; exception.
A. Every cart owner shall operate and maintain an on -site cart containment
program. A cart owner may be exempted from this requirement if he or she provides proof of
contracting with a qualified cart retrieval service, and submits an operations plan which
demonstrates to the satisfaction of the Director of Development Services that the qualified cart
retrieval service will both actively locate shopping carts within a one -mile radius of the cart
owner's business premises and respond to complaints from the public in a manner which results
in the retrieval of shopping carts within twenty-four (24) hours after receiving notice.
B. Each cart owner must contain all shopping carts on the business premises at all
times.
C. Any instance in which a shopping cart owned or provided by a cart owner is
found off of the business premises shall be considered a violation by the cart owner of
Ordinance No. 2010 — 2334
2 Shopping Cart Containment
Subsection (B) of this Section. A cart owner who, after receiving notice of the violation, fails to
cure such violation within twenty-four (24) hours is subject to an administrative citation. Each
twenty-four (24) hour period thereafter that the cart remains off premises shall be considered a
separate violation. Following the issuance of more than ten administrative citations to the same
cart owner within a thirty (30)-day period, subsequent violations by that cart owner may be
prosecuted by the City Attorney's Office pursuant to Section 1.36.150 of the National City
Municipal Code.
7.34.030 Cart removal warnings.
A. Every cart owner shall post and maintain cart removal warnings which meet all of
the following minimum specifications:
1. Meet or exceed 18 inches in width and 24 inches in height.
2. Using block lettering not less than one-half inch in width and two (2)
inches in height, contain a statement in two or more languages to the effect that unauthorized
removal of a shopping cart from the business premises or possession of a shopping cart in a
location other than on the business premises, is a violation of State law and the National City
Municipal Code.
3. List a local or toll -free telephone number for cart retrieval.
4. Be affixed to an interior wall of the building or otherwise permanently and
prominently displayed within two feet (2') of all customer entrances and exits.
B Cart removal warnings on the exterior of the building are not considered "signs"
for the purpose of calculating maximum allowable signage under Title 18 of the National City
Municipal Code.
7.34.040 Employee training - cart removal prevention. Each cart owner shall conduct
ongoing employee training to educate new and existing employees about procedures to prevent
cart removal, including the operation of the cart containment system.
7.34.050 Cart identification signs for shopping carts.
A. Each shopping cart owned or used within the City shall have, permanently affixed
and easily visible, a cart identification sign or engraved surface which includes all of the
following information: the name, the site -specific street address, and telephone number of the
cart owner or commercial establishment to which the cart belongs or both; the individual cart
identification number; a valid toll -free phone number for cart retrieval; the procedure (if any) to
be followed to obtain permission to remove the cart from the business premises; and a notice to
the public that unauthorized removal of the cart from the business premises is a violation of
State law and the National City Municipal Code.
B. It shall be the responsibility of eachcart owner to comply with Subsection (A) of
this Section, and to continuously maintain, or cause to be maintained, the cart identification sign
so that all of the required information is accurate and clearly legible.
7.34.060 Cart removal from business premises —Written permission required. No person
shall be deemed to be authorized to remove a cart from a business premises unless he or she
possesses written authorization from the cart owner. This Section shall not apply to the
possession of a shopping cart removed from the business premises at the direction of the cart
owner for the purposes of repair or maintenance.
7.34.070 Physical containment system.
A. A cart owner shall be required to install a physical containment system to the
satisfaction of the Director of Development Services when the cart owner establishes a facility
consisting of more than five thousand square feet (5,000 sq. ft.) of new construction.
Ordinance No. 2010 — 2334
3 Shopping Cart Containment
B. A cart owner may be required to install a physical containment system to the
satisfaction of the Director of Development Services and the City Attorney following the
issuance of more than ten administrative citations in a thirty (30) day period.
7.34.080 Regulatory fee authorized. A regulatory fee shall be established to enforce this
regulation and to fairly apportion the cost of mitigating the negative effects of off -site shopping
carts. A business that installs a physical containment system to the satisfaction of the Director of
Development Services, or which does not provide any shopping carts to its customers, shall be
exempted from this fee.
7.34.090 City powers not limited by this Chapter. Nothing in this Chapter is intended to
limit the ability of the City to remove or dispose of any cart to which a cart identification sign is
not attached, or to remove or dispose of any cart which impedes the provision of emergency
services, or which is an immediate threat to public health and safety, to the full extent permitted
by State law.
7.34.100 Violations.
A. A violation of any provision of this Chapter or a failure to comply with any
mandatory requirements of this Chapter issubject to prosecution in accordance with Title 1 of
the National City Municipal Code and may be enforced through injunctive relief or other relief
available by law. Penalties for violations of the provisions of this Chapter may result in a
misdemeanor citation for each day in violation, punishable by a maximum of six months in jail
and a $1,000 fine, or both such fine and imprisonment.
B. Administering departments will be authorized to charge cost recovery fees for
services provided under this Chapter. Cost recovery may also be recovered for equipment and
personnel expenses incurred, including for shopping cart return.
Section 2. Enforcement of this Ordinance shall be held in abeyance until one
hundred eighty (180) days after its effective date.
PASSED and ADOPTED this 20th day of April, 2010.
ATTEST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ron Morrison, Mayor
Ordinance No. 2010 — 2334
4 Shopping Cart Containment
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 16
'EM TITLE:
...i Ordinance of the City Council of the City of National City Amending Title 7 of the National City
Municipal Code by adding Chapter 7.35 pertaining to accepting Recyclable Items from Shopping Carts
PREPARED BY: Jodi L. Doucette, Esq.
PHONE: 336-4412
EXPLANATION:
DEPARTMENT: Cit orney
APPROVED BY:
A large number of shopping carts are abandoned throughout the city after being used to transport
recyclable items. In order to reduce the number of such shopping carts, the proposed ordinance would
prohibit any business from accepting recyclable items that are delivered in a shopping cart off -premises
of the business that appears to own the shopping cart.
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
X
Finance
MIS
STAFF RECOMMENDATION:
Adopt Ordinance.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
posed ordinance
ORDINANCE NO. 2010 — 2335
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 7.35 PERTAINING TO ACCEPTING
RECYCLABLE ITEMS FROM SHOPPING CARTS
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. Title 7 of the National City Municipal Code is hereby amended, by adding
Chapter 7.35 to read as follows:
Chapter 7.35
ACCEPTANCE OF RECYCLABLE ITEMS
FROM SHOPPING CARTS
Sections:
7.35.010 Prohibitions —Acceptance of recyclable items from shopping carts.
7.35.020 Violations.
7.35.010 Prohibitions --Acceptance of recyclable items from shopping carts.
It is unlawful for any business to accept recyclable items that are delivered in a shopping
cart off -premises of the business that appears to own the shopping cart.
7.35.020 Violations.
A. A violation of any provision of this Chapter or a failure to comply with any
mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of
the National City Municipal Code, and may be enforced through injunctive relief or other relief
available by law. Penalties for violations of the provisions of this Chapter may result in up to a
misdemeanor citation for each day in violation, punishable by a maximum of six months in jail
and a $1,000 fine, or by both such fine and imprisonment.
B. Administering departments are authorized to charge cost recovery fees for
services provided under this Chapter, such as for the return of shopping carts. Cost recovery
fees may also be recovered for equipment and personnel expenses incurred. Said fees may be
established from time to time by resolution of the City Council.
PASSED and ADOPTED this 20th day of April, 2010.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk George H. Eiser, III
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 17
EM TITLE:
Ordinance of the City Council of the City of National City amending Title 9 of the National City
Municipal Code by adding Chapter 9.37 pertaining to the Sale or Distribution of Salvia Divinorum or
Alvinorin A to people over the age of 18 years of age
PREPARED BY: Jodi L. Doucette, Esq.
PHONE: 336-4412
EXPLANATION:
DEPARTMENT: City ., rney
APPROVED BY:
Please see attached memorandum.
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Ordinance.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Memorandum
nosed Ordinance
Mayor
Ron Morrison
Council Members
Prank Parra
Alejandra Sotelo-Solis
Jess Van Deventer
Rosalie Zarate
Office of the City Attorney
TO: Mayor and City Council
FROM: Jodi L. Doucette, Senior Assistant City Attorney
SUBJECT: Salvia Ordinance
City Attorney
George H. €iser, ill
Senior Assistant City Attorney
Claudia Gacitua Silva
Senior Assistant City Attorney
Jodi L Doucette
DATE: February 25, 2010
IN I'RODUCTION
After the request of a citizen at a City Council hearing, the City Council asked the City
Attorney's Office, in conjunction with the Police Department, to research the City's ability to
adopt an ordinance banning the sale of a plant known as "Salvia Divinorum". Currently, the
Penal Code bans the sale of such item only as to minors under the age of 18 years of age but does
not ban the sale of this item to those over 18 years of age.
DISCUSSION
Salvia is a member of the sage family of plants. There are over 2000 species of the
classification of the plant called Salvia. Salvia Divinorum is one such species and is also known
as "Magic Mint" and "Sally-D". Salvia Divinorum's leaves are crushed and typically smoked or,
less frequently, chewed, crushed into a drink or inhaled to provide a 5 to 20 minute
hallucinogenic high. Experts describe the plant's power as the same vein as LSD, PCP, and
hallucinogenic mushrooms. Its effects include dizziness, nausea, lack of coordination, slurred
speech, decreased heart rate, and chills. Psychic effects include perceptions of bright lights, vivid
colors and shapes, as well as body movements and body or object distortions. Other effects
include dysphoria, uncontrolled laughter, a sense of loss of body, overlapping realities, and
hallucinations (seeing objects that are not present). The mind altering power of Salvia
Divinorum derives from Salvinorin A, one of the most potent natural substances with such
hallucinogenic properties, according to Psychopharmacologist Nick Votolato, professor of
psychiatry at Ohio State University.
The concern is that Salvia Divinorum is becoming the "drug du jour" among young
adults. It is cheap, easy to get, and in most states, legal. "It is dangerous because kids are using
it and because of its potential for abuse, using it like an LSD substance," according to Harris
Stratyner, PhD and Co -Chairman of the Board of National Council for Alcoholism and Drug
Dependency. Deidre Houtmeyers, Executive Director of St. Elizabeth's Medical Center's
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
Mayor and City Council
March 23, 2010
Page Two
Comprehensive Additions Program in Boston, states that "there are some horrendous long-term
effects such as brain dysfunction, brain damage, and inability to learn new information."
According to the Drug Enforcement Agency, due to the hallucinogenic effects, there is a
substantial risk of injury or death as a result of impaired judgment due to disruptions of sensory
and cognitive functions.
As of November 2008, thirteen states enacted legislation placing regulatory controls on
Salvia Divinorum and/or Salvinorin A. Delaware, Florida, Illinois, Kansas, Mississippi,
Missouri, North Dakota, Oklahoma, and Virginia have placed Salvia Divinorum and/or
Salvinorin A into Schedule I of state law. California, Louisiana, Maine and Tennessee enacted
other forms of legislation restricting the distribution of the plant. Local govemments are also
pushing more broadly to curb or criminalize the purchase of Salvia Divinorum.
Frank Lopez, when working for the Institute for Public Strategies, urged the City to pass
a Local ordinance to prohibit its sale in National City to all persons.
Sergeant Mike Harlan from National City Police Department went to "Mike's
Newsstand," 3003 Highland Avenue # D, National City. He spoke with the clerk (a known
drug user) there who showed him several clear plastic baggies of Salvia Divinorum for sale in
the business. The clerk stated that he has seen people smoke Salvia Divinorum before and the
high these people get makes them "completely lose control of themselves." The Salvia
Divinorum sold at this store ranges in price from $10 to $60, depending on the potency
purchased.
Sergeant Harlan also went to "Dream Crystal" at 1536 Highland Avenue, National
City, and spoke with the manager who admitted selling Salvia Divinorum for a while. The
Salvia Divinorum sold at the Dream Crystal was in small plastic bags and ranged from $19-
$49 in price, depending on potency. The customers who buy Salvia Divinorum at the Dream
Crystal are advised to use the Salvia Divinorum only in the company of someone else, as its
effects makes one hallucinate heavily. The manager described these hallucinations as "seeing
the walls melt." The manager said that Salvia Divinorum use has become popular because
people make videos of themselves or friends using Salvia Divinorum and then post these
videos on "You Tube."
Sergeant Harlan later found several "You Tube" videos of people smoking Salvia
Divinorum. On some of the comments below these videos, some of the viewers stated their
belief that Salvia's use will soon become illegal.
It was also found on the Internet and appeared easy to order Salvia Divinorum and have
it shipped to one's home.
Based on such research, the Police Department agrees with the Institute of Public
Strategies and supports a local ordinance being passed prohibiting all sales of Salvia Divinorum
Mayor and City Council
March 23, 2010
Page Three
in National City, not just to those under 18 years of age as it is codified in the Penal Code. This
is due to its harmful effects and its long-term potential for brain damage and that there is a
substantial risk of injury or death as a result of impaired judgment due to disruptions of sensory
and cognitive functions.
CONCLUSION
The Police Department recommends that this ordinance prohibiting the sale of Salvia
Divinorum to those over 18 years of age be adopted. With the use of the Penal Code section
prohibiting it from sales to minors, and the City's ordinance hereto attached, the herb could be
banned completely in the City, in the best interests of the health and safof our citizens.
Jod. Doucette,
Se Assistant City Attorney
JLD/mpa
ORDINANCE NO. 2010 — 2336
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 9.37 PERTAINING TO THE SALE OR
DISTRIBUTION OF SALVIA DIVINORUM OR SALVINORIN A
TO PEOPLE OVER 18 YEARS OF AGE
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. Title 9 of the National City Municipal Code is hereby amended by adding
Chapter 9.37 to read as follows:
Chapter 9.37
SALE OR DISTRIBUTION OF SALVIA DIVINORUM
OR SALVINORIN A TO PEOPLE OVER 18 YEARS OF AGE
Sections:
9.37.010 Definitions.
9.37.020 Prohibited.
9.37.030 Violations.
9.37.010 Definitions.
"Salvia Divinorum" is a species of the sage family of plants and contains hallucinogenic
ingredients. "Salvinorin A", also called Divinorin A, has been identified to be the active
constituent of Salvia Divinorum that is responsible for the hallucinogenic effects of the
herb.
9.37.020 Prohibited. Every person who sells, dispenses, distributes, furnishes,
administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia
Divinorum or Salvinorin A, or any substance or material containing Salvia Divinorum or
Salvinorin A, to any person over 18 years of age, is guilty of a misdemeanor.
9.37. 030 Violations. A violation of any provision of this Chapter or a failure to comply with
any mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1
of this Code, and may be enforced through injunctive relief or other relief available by law. Such
violation is punishable by imprisonment in the county jail for not to exceed six months, or by a
$1,000 fine, or by both such fine and imprisonment.
PASSED and ADOPTED this 20th day of April, 2010.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk George H. Eiser, III
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 18
IFOrdinance of the City Council of the City of National City amending Title 10 of the National City Municipal
Code by adding Chapter 10.15 pertaining to Aggressive Solicitation
M TITLE:
PREPARED BY: Jodi L. Doucette, Esq.
PHONE: 336-4412
EXPLANATION:
•
DEPARTMENT: Cit. ttorney
APPROVED BY: ,
Please see attached memorandum.
FINANCIAL STATEMENT: N/A APPROVED:
ACCOUNT NO. APPROVED:
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
X
Finance
MIS
STAFF RECOMMENDATION:
Adopt Ordinance.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
liomorandum
osed Ordinance
Mayor
Ron Morrison
Council Members
Frank Parra
Alejandra Soteto-Solis
Jess Van Deventer
Rosalie Zarate
ITC,onPEjn9„TVD
Office of the City Attorney
TO: Mayor and City Council
FROM: Senior Assistant City Attorney
SUBJECT: Aggressive Solicitation Ordinance
City Attorney
George H. Eiser, III
Senior Assistant City Attorney
Claudia Gacitua Silva
Senior Assistant City Attorney
Jodi L. Doucette
DATE: February 18, 2010
INTRODUCTION
It would he the legislative intent of the City Council, in considering enactment of an
aggressive solicitation ordinance, to improve the quality of life and economic vitality of the City,
and to protect the safety of the general public against certain abusive conduct of persons engaged
in aggressive solicitation. The goal of such an ordinance would be to impose reasonable place
and manner limitations on solicitation in order to protect the safety of the general public against
abusive solicitation, while respecting the constitutional right of free speech.
DISCUSSION
There has been an increase in aggressive solicitation throughout the City that has become
disturbing and disruptive to residents and businesses, and has contributed not only to the loss of
access to and enjoyment of public places but also to an enhanced sense of fear, intimidation, and
disorder.
One type of aggressive solicitation ordinance for the City Council to consider would
regulate the "manner" of solicitation, such as approaching or following pedestrians, the use of
abusive language, unwanted physical contact, or the intentional blocking of pedestrian and
vehicular traffic.
Another example of an aggressive solicitation ordinance would regulate and restrict the
"place" of soliciting. The presence of individuals who solicit money from persons at or near
banks or automated teller machines can be especially threatening and dangerous. Motorists also
find themselves confronted by persons who without permission wash their automobile windows
at traffic intersections, despite explicit indications by drivers not to do so. Such activity often
carries with it an implicit threat to both person and property. People driving or parking on city
streets frequently find themselves faced with panhandlers seeking money by offering to perform
services, such as opening car doors or locating parking spaces. Abusive solicitation of people in
places where they are a captive audience in which it is impossible or difficult for them to
exercise their own right to decline to listen to or to avoid solicitation from others. Such places
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
Mayor and City Council
February 18, 2010
Page Two
with panhandlers seeking money by offering to perform services,such as opening car doors or
locating parking spaces. Abusive solicitation of people in places where they are a captive
audience in which it is impossible or difficult for them to exercise their own right to decline to
listen to or to avoid solicitation from others. Such places include buses, subways, and trains;
parking lots and structures; and indoor and outdoor dining areas. Restricting solicitation in such
places will provide a balance between the rights of solicitors and the rights of persons who wish
to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in
such unwarranted and unavoidable confrontations.
The City of Los Angeles' ordinance is an example of where the City Council chose to
placed restrictions on both "place" and "manner". Such restrictions were upheld by the
California Supreme Court. The restrictions adopted, however, must be neither overbroad nor
vague, and be narrowly tailored to serve a substantial governmental interest.
As such, enactment of such an ordinance would be timely and appropriate because
current laws and City regulations are insufficient to address the aforementioned problems. The
only restrictions existing in the National City Municipal Code regulate vehicular solicitation but
no other "place" restrictions exist currently, nor are there any "manner" restrictions existing in
the code at this time.
Furthermore, the City Council could provide for the availability of community service
and other sentencing alternatives, which may be appropriate remedies for violations of such
regulation. The goal of the restrictions is to protect citizens from the fear and intimidation
accompanying certain kinds of solicitation that have become an unwelcome and overwhelming
presence in the city.
CONCLUSION
It is recommended that City Council adopt an Aggressive Solicitation ordinance.
Jodi L. Doucette, Esq.
Senior Assistant City Attorney
JLD/mpa
ORDINANCE NO. 2010 — 2337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 10.15 PERTAINING TO AGGRESSIVE SOLICITATION
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. Title 10 of the National City Municipal Code is hereby amended, by
adding Chapter 10.15 to read as follows:
Chapter
AGGRESSIVE SOLICITATION
Sections:
10.15.010 Definitions.
10.15.020 Aggressive solicitation prohibited.
10.15.030 All solicitation prohibited at specified locations.
10.15.040 Penalty.
10.15.050 Severability.
10.15.060 Non -exclusivity.
10.15.010 Definitions. For purposes of this section:
A. "Solicit, ask or beg" shall include using the spoken, written, or printed word, or
bodily gestures, signs or other means with the purpose of obtaining an immediate donation of
money or other thing of value or soliciting the sale of goods or services.
B. "Public place" shall mean a Face to which the public or a substantial group of
persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking
lot, plaza, transportation facility, school, place of amusement, park, playground, and any
doorway, entrance, hallway, lobby and other portion of any business establishment, an
apartment house or hotel not constituting a room or apartment designed for actual residence.
10.15.020 Aggressive solicitation prohibited.
A. No person shall solicit, ask or beg in an aggressive manner in any public place.
B. "Aggressive manner" shall mean any of the following:
1. Approaching or speaking to,a person, or following a person before, during
or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable
person to (i) fear bodily harm to oneself or to another, damage to or loss of property, or (ii)
otherwise be intimidated into giving money or other thing of value;
2. Intentionally touching or causing physical contact with another person or
an occupied vehicle without that person's consent in the course of soliciting, asking or begging;
3. Intentionally blocking or interfering with the safe or free passage of a
pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle
operator to take evasive action to avoid physical contact;
4. Using violent or threatening gestures toward a person solicited either
before, during, or after soliciting, asking or begging;
5. Persisting in closely following or approaching a person, after the person
solicited has been solicited and informed the solicitor by words or conduct that such person
does not want to be solicited or does not want to give money or any other thing of value to the
solicitor; or
6. Using profane, offensive or abusive language which is inherently likely to
provoke an immediate violent reaction, either before, during, or after solicitation.
10.15.030 All solicitation prohibited at specified locations.
A. Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any
entrance or exit of any bank, savings and loan association, credit union, or check cashing
business during its business hours or within 15 feet of any automated teller machine during the
time it is available for customers' use. Provided, however, that when an automated teller
machine is located within an automated teller machine facility, such distance shall be measured
from the entrance or exit of the automated teller machine facility. Provided further that no
person shall solicit, ask or beg within an automated teller machine facility where a reasonable
person would or should know that he or she does not have the permission to do so from the
owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be
construed to prohibit the lawful vending of goods and services within such areas.
Definitions. For purposes of this section:
1. "Bank" means any member bank of the Federal Reserve System, and any
bank, banking association, trust company, savings bank, or other banking institution organized
or operated under the laws of the United States, and any bank the deposits of which are insured
by the Federal Deposit Insurance Corporation.
2. "Savings and Loan Association" means any federal savings and loan
association and any "insured institution" as defined in Section 401 of the National Housing Act,
as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union
Act.
3. "Credit Union" means any federal credit union and any state -chartered
credit union the accounts of which are insured by the Administrator of the National Credit Union
Administration.
4. "Check Cashing Business" means any person duly licensed as a check
seller, bill payer, or pro -rater pursuant to Division 3 of the California Financial Code,
commencing with section 12000.
5. "Automated Teller Machine" shall mean any electronic information
processing device which accepts or dispenses cash in connection with a credit, deposit, or
convenience account.
6. "Automated Teller Machine Facility' shall mean the area comprised of
one or more automated teller machines, and any adjacent space which is made available to
banking customers after regular banking hours.
B. Exemptions. The provisions of subdivision A shall not apply to any unenclosed
automated teller machine located within any building, structure or space whose primary purpose
or function is unrelated to banking activities, including but not limited to supermarkets, airports
and school buildings, provided that such automated teller machine shall be available for use
only during the regular hours of operation of the building, structure or space in which such
machine is located.
C. Parking lots. No person shall solicit, ask or beg in any public parking lot or
structure any time after dark. "After dark" means any time from one-half hour after sunset to
one-half hour before sunrise.
1. Exemptions. Subdivision C shall not apply to any of the following:
a. To solicitations related to business which is being conducted on
the subject premises by the owner or lawful tenants;
b. To solicitations related to the lawful towing of a vehicle; or
c. To solicitations related to emergency repairs requested by the
operator or other occupant of a vehicle.
Ordinance 2010 - 2337 2 Aggressive Solicitation
D. Public transportation vehicles and stops.
1. "Public Transportation Vehicle" shall mean any vehicle, including a trailer
bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a
passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used
to carry passengers for hire.
2. Any person who solicits, asks or begs in any public transportation vehicle,
or within ten feet of any designated or posted public transportation vehicle stop, is guilty of a
violation of this section if:
a. He or she remains there after being asked to leave by the owner,
driver, or operator of a public transportation vehicle; the agent of the owner, driver or operator of
a public transportation vehicle; the owner or manager of a public transportation facility; the
agent of the owner or manager of a public transportation facility; a member of a security force
employed by the public transportation facility; or by a peace officer, as defined in Chapter 4.5 of
Title 3 of the California Penal Code (commencing with Pen. Code, § 830); or
b. Within the immediately preceding 30 days, he or she engaged in a
solicitation at that location and had been asked to leave by a person specified in subdivision
(c)(3)(B)(i), above.
c. Subdivision C.2. shall not apply to a person who has been
requested to leave enters the property within the designated period and solicits, asks, or begs
with the express authorization of a person specified in subdivision C.2.a.
E. Restaurants. Any person who solicits, asks, or begs in any outdoor or indoor
dining area of a restaurant or other establishment serving food for immediate consumption is
guilty of a violation of this section if:
1. They remain there after being asked to leave by the owner, manager or
supervisor of the restaurant or other food establishment; the agent of the owner, manager or
supervisor of the restaurant; a member of a security force employed by the restaurant; or by a
peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing
with Penal Code Section 830), acting at the request of any of the persons specified in this
subdivision; or
2. Within the immediately preceding 30 days, he or she engaged in a
solicitation at that location and had been asked to leave by a person specified in subdivision
D.1., above.
3. Subdivision D shall not apply to a person who has been requested to
leave enters the property within the designated period and solicits, asks, or begs with the
express authorization of a person specified in subdivision D.1.
10.15.040 Penalty.
A. A violation of any provision of this Chapter or a failure to comply with any
mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of
the National City Municipal Code and may be enforced through injunctive relief or other relief
available by law. Penalties for violations of the provisions of this Chapter may result in up to a
misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and
a $1,000 fine.
B. Administering departments are authorized to charge cost recovery fees for
services provided under this Chapter. Cost recovery fees may also be recovered for equipment
and personnel expenses incurred. Said fees may be established from time to time by resolution
of the City Council.
10.15.050 Severability. The provisions of this Chapter are declared to be separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of
this Chapter, or the invalidity of the application thereof to any person or circumstance shall not
Ordinance 2010 - 2337
3 Aggressive Solicitation
affect the validity of the remainder of this Chapter, or the validity of its application to other
persons or circumstances.
10.15.060 Non -exclusivity. Nothing in this Chapter shall limit or preclude the enforcement
of other applicable laws.
PASSED and ADOPTED this 20th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ordinance 2010 - 2337 4 Aggressive Solicitation
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 19
EM TITLE:
City Council Vacancy
PREPARED BY: George H. Eiser, III
PHONE: 336-4221
EXPLANATION:
DEPARTMENT: City Attorney
APPROVED BY: Y7
Please see attached memorandum.
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
N/A
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Mayor
Ron Morrison
Council Members
Alejandra Sotelo-Solis
Jess Van Deventer
Rosalie Zarate
Office of the City Attorney
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: City Council Vacancy
City Attomey
George H. Eiser, III
Senior Assistant City Attorney
Claudia Gacitua Silva
Senior Assistant City Attorney
Jodi L. Doucette
DATE: April 12, 2010
With the resignation of former Councilmember Parra effective April 5, a vacancy occurred on
the City Council. Generally, in the case of a City Council vacancy, the remaining members of the
City Council have the following two options, which are set forth in Section 36512 of the
Government Code
1. Within 30 days of commencement of the vacancy (in the present case, May 5), fill the
vacancy by appointment. A person appointed to fill the vacancy would hold office for
former Councilmember Parra's unexpired term.
2. Within 30 days of commencement of the vacancy, call a special election to fill the vacancy.
The special election must be held on the next regularly -established election date, not less
than 114 days from the call of the special election. The June 8, 2010 election being
conducted in San Diego County is not available for this purpose, because 1) assuming the
City Council called a special election at the earliest possible date — April 5 — the soonest the
election could be held would be July 28, and 2) the June 8 election is not a "regularly -
established" election for the City of National City.
If the City Council does not make an appointment, and because a special election cannot be held
on June 8, the vacancy would, pursuant to Section 36512, be filled at the next regularly -
established election for the City of National City, namely, November 2, 2010
GEORGE H. EISER, III
City Attorney
GHE/gmo
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 20, 2010
AGENDA ITEM NO. 20
•. fEM TITLE:
City Council Determination Regarding Timetable for Impasse Resolution by Mediation
PREPARED BY: Stacey Stevenson
George H. Eiser, III
PHONE: 336-4221
336-4308
EXPLANATION:
DEPARTMENT: Human Resources
City Attorney
APPROVED BY:
Please see attached memorandum.
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
By minute action, establish timetable for impasse resolution by mediation.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
7 lemorandum.
Mayor
Ron Morrison
Council Members
Alejandra Sotelo-Solis
Jess Van Deventer
Rosalie Zarate
y
INCORPORATE
Office of the City Attorney
City Attorney
George FL Eiser, III
Senior Assistant City Attorney
Claudia Gacitua Silva
Senior Assistant City Attorney
Jodi L. Doucette
TO: Mayor and City Council DATE: April 14, 2010
FROM: City Attorney
SUBJECT: City Council Determination Regarding Timetable for Impasse Resolution by
Mediation
The last MOU between the City and the NCMEA expired on December 31, 2009. Since September
10, 2009, representatives of the City have been meeting with representatives of the NCMEA to
reach a successor MOU. There have been a total of 12 bargaining sessions during this time period.
In spite of these efforts, significant economic issues remain unresolved. The City made its last, best,
and final offer to the NCMEA on March 25. 2010, but the offer was rejected on April 9, 2010.
The City's impasse procedures are found in Section 11 of the City's Employer -Employee Relations
Policy. Section 11 sets forth the following steps:
• Either party may initiate impasse proceeding by filing with the Employer -Employee
Relations Officer ("EERO", the City Manager) and the other party a written request for an
impasse proceeding, together with a statement of position on all disputed issues.
• The EERO or designee shall schedule an impasse resolution proceeding with a mediator
assigned from the California State Mediation Service.
• If the impasse is not resolved by mediation within a reasonable time as determined by the
City Council, the City Council may take such action regarding the impasse as it in its
discretion deems appropriate in the public interest.
On April 12. 2010, the Director of Human Resources filed a written request for an impasse
proceeding with the City Manager in his capacity as EERO. It is expected that the impasse
resolution proceeding will be scheduled within the next few days with a mediator from the
California State Mediation Service.
At this point in the process, it is appropriate for the City Council to make the determination as to a
reasonable time period within which to resolve the impasse by mediation.
GEORGE H. EISER, III
City Attorney
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: 4/20/10
AGENDA ITEM NO. 21
EM TITLE:
(immunity Budget Workshop (s)
PREPARED BY: Chris Zapata, City Manager
PHONE: 619-336-4240
EXPLANATION:
See Attached.
DEPARTMENT: Cit tanager
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
;al Year 2010-2011 Budget Update (Powerpoint) April 6, 2010
Convnunity Budget Workshop(s)
At the April 6, 2010 City Council meeting, staff provided an update on the City Budget.
The presentation included an overview of the FY 2009/2010 mid -year budget focusing on
General Fund revenues and expenditures and contingency reserve levels. The
presentation also reviewed the preliminary FY 2010/2011 General Fund budget,
personnel costs, budgeted full-time positions by department, vacancies and frozen
positions.
The staff discussed the fluid and negative economic environment, declines in sales tax
due to extremely bad automotive and housing sales, the dramatic decline in interest rate
earnings on Local Agency Investment Fund (LAIF), from a high of 5% in 2007 to a low
of less than a percent in 2009, and the difficulty of filling a worsening $5-6 million
General Fund deficit which is currently projected - without reducing current City
services. The City Council also discussed the need to involve the community in the
budget process to better allow the City to implement cost -saving measures and prioritize
services in terms of what to cut, defer or keep.
The purpose of agenda item is to allow the City Council to provide their input on budget
workshop dates, times, locations, and what information should be presented. It is
important to note that the community has traditionally been provided different
opportunities to comment on the City's budget, which recently includes the January 30
mid -year budget workshop, the February 16 and April 6 Council budget presentations,
and individual presentations to the seven neighborhood councils during March, 2010.
•
ALIFONNIA
NATIONALCIT
Fiscal Year 2010-2011
Budget lJpdate
April 6, 2010
1
Council Directed Actions
• January- 30
• 'February 16
Feb -Mar.
April 6
•
1VIay 4 or > 8
Vlay 25
June 15 or June
July71
Additional budget u�dczte
Budget Workshop:
Budget Adoption
Bud
able on
FY 09-10 Mid -Year Budget Workshop
January 30, 2010
• FY 09-10 General Fund structural deficit of S3.3
million
— one time funding used to balance the General Fund structural
deficit
— One time funding totaling 54.3 million also used for debt
repayment and other. General Fund related subsidies
• General Fund Contingency Reserve funded @ 23% or
S 8.6 million
— Council direction was to reduce contingency reserve
contribution by 5735,430 to cover deficit
General Fund
$18,000,000
f 6, 000, 000
$14,000,000,
$12,000,000
$10, 000, 000
$8, 000, 000
$6,000,000
$4;000,000
$2, 000, 000-
$0
2003
7.7
Sales Tax
District Tax
2004 2005 2006 2007 2008 2009 2010 5 21
Sales Tax. and District Tax
Combined Revenue
0
MI NMI=
$25
$20
$15
$10
$5
$0
2003 2004 2005 2006 2007 2008 2009 2010 2011
Sales Tax District Tax
$45
$40--
$35-
$30---
$25 -- -
$20 -
$15 -
$10 --
Revenue
$5 Expenditures ...
$0
101
:neral Fund
Kxpenditure Forecast
Prop D
General Fund •
Contingency Re:serre:'
General Fund Policy: range between 25% and 50%0 of
a singe year's General .Fund operating expenditures
■ At January 3o midyear budget workshop, staff estimated
FY 10-1.1 ' General Fund expenditures = 38.9 million
■ -Reserve will be at 22% o, which is S i .1 million below target level •
of,$9.7 million
'38.9millionx25% )
History of Contingenc
12
10
0 c a CD C
Chula. Vista
Coronado
County of SD
Del Mar
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
P ow ay
San Marcos
Santee
Solana Beach
Vista
FY 10-11 Budget Preparation
Staff continue to closely monitor revenue
exp en_chture s
Cost -reduction and Revenue Rffxcie
- Position Review Committee
— Purchasing Review Committee
Actively seeking Grants & Stimulus funds
Staff are analyzing expenditures to identify potential
cuts
Finance is calculating personnel costs, P h RS im
revenue impacts
F1Y 10-11 Budget Preparation
Service levels - Maintained to date
Personnel levels - Reduced
— 35 Vacancies left unfilled
— 29 vacancies have been frozen not funded.)
6 vacancies are funded
12
General Fund
Revenue and Nxpenditure Forecast.
354.5 Budgeted Full Time Employees
(All Funds)
❑ City Council
▪ City Clerk
El City Manager
O Finance
▪ City Attorney
O Development Services
• Human Resources
O Police
O Fire
❑ Public Works
O Library
O Community Services
• Community Development
14
D 1- ;PA:R.TMENT
City Manager
Finance
Ifev. Services •
Human Resources
Police
Executive. Assr IV, Mgt Analyst III,Public Information
Officer, Risk Manager, MIS Tech III
Sr: AccountingAsst� Sr. Accountant
Associate Planner, Bldg Inspector, Sr Bldg Inspector,
Associate Civil Engineer, Civil Engineering Tech; Mgt
Analyst II
Community Svcs Officer Crime Scene Specialist, Parking
Regulations Officer, Police Records Clerk (2), Anim
Control Officer, Police Dispatcher (2.5)
* No sworn positions vacant
# o£ FT
Positions
35 -Fait Time.Votanot0s::
(AII Funds)
DF,PARTMFNT
POSTTION
I/ of FT
positions
Fire
Public Works
Library
Com Services
Com Development
Total
Battalion Chief.
Custodian (2), Sr Park Caretaker; Tree Trimmer
Principal Librarian, Sr Librarian Tech
Admin Secretary
Com Dev Specialist III, Code Conformance Officer
II, Housing IInspector T & TT
35
16
35 F1ull T me Vacancies
Savings = S 2.9 million
35 N'ull Time Vacancies 1--;stmated
Savings = S 2.9 million (all funds)
D I l;PARTMENT
GF,N PRAT ,
FUND
OTHER
FUNDS
TOTAL
SAVINGS
City Manager
317,125
215,731',
532,856
Finance
161,741
161,741
Dev Services
566,977
566,977
Human Resources
82,079
1,193
93,272
Police
617,602
Fire
147,414
147,414
Public Works *
133,339
108,274`
241,613
Library *
Com .Services
Com Development
181,178
63,647
350,8.10
Total
2,300457
656,653
2,957,110
18
35 Full Time Vacancies I-�;stimated
`:Savings = S 2.9 million (all funds)
29 Frozen Positions (All Funds)
Estimated Savings
DEPARTMENT
2.2 million
City Manager
254,359
Finance
Dev Services
161,741
205,088
36,909
21,803
291,268
226,891
Human Resources
82,079
11,193
93,272
Police
447,283
447,283
Fire
147,414
147,414
Public Works
0
241,613
Library
181,178
241,613.
Coin Services
63,647
63 647
Com. Development
29,355
321455;
Total
1,572,144
632,973
350,810
29 Frozen Positions
--;:stimat(d Savings
Other Funds
632,973''
(29% )
nds)
2.2 million...
General Fund
Personnel Costs
22
Maint & Ops
13%n
CUeneral Fund
erating I ;xpendtures
"crso net
82%
Next Steps
• Schedule additional budget meetings)
•• Council direction on General rund
structural deficit
24
City of National City, California
CITY COUNCIL AGENDA STATEMENT
EETING DATE April 20, 2010
AGENDA ITEM NO.
22
ITEM TITLE
Proposal to update the 1996 Historic Resources Survey as part of the comprehensive General Plan Update.
Raymond Pe 336-4250
DEPARTMENT
Community Development
EXPLANATION
On April 13, 2010, the City Council held its third working meeting on the General Plan update. The meeting focused
on three draft elements: Education, Open Space and Agriculture, and Conservation and Sustainability. As part of
the Conservation and Sustainability Element, Council was asked to consider an update to the 1996 Historic
Resources Survey. If directed, staff will prepare an amendment to the agreement with the General Plan update
consultant, Project Design Consultants, to conduct the update through subconsultant services for an amount not to
exceed $35,750.00.
The scope of services will include the creation of a historic resources database and completion of record forms for all
potential resources in the City. The amendment will include a revised budget, schedule, and scope of work. This
proposal is for an optional work effort that would allow the evaluation of all potential resources at this time. If the
comprehensive study is not completed as part of the General Plan update, potential historic resources may still be
evaluated on an individual basis by property owners under the current process pursuant to the Municipal Code.
Environmental Review
An Environmental Impact Report will be prepared for the General Plan
Update pursuant to the California Environmental Quality Act.
Financial Statement
Not Applicable.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Direct staff to proceed or not to proceed with preparation of an amendment to the agreement with Project Design
Consultants to conduct an update to the 1996 Historic Resources Survey for City Council consideration.
BOARD / COMMISSION RECOMMENDATION
Not applicable.
ATTACHMENTS ( Listed Below )
1. Proposal.
Resolution No.
A-200 (9/99)
5865 MT. ALIFAN DRIVE
SAN DIEGO, CA 92111
TEL: 858 336 0938
FAX: 858 467 1779
�uunu rlrcnlnnninn rnm
DESIGN, COMMUNITY & ENVIRONMENT
March 1, 2010
Camille Passon
Project Design Consultants
701 B Street, Suite 800
San Diego, CA 92101
Re: Proposal to Provide Database and DPR Form Preparation for the City
of National City as Part of the National City General Plan Update
Dear Camille:
DC&E and its subconsultant, Tierra Environmental Services (Tierra), are pleased
to provide this proposal to update National City's Historic Resources Survey
through the creation of a historic resources database and completion of
Department of Parks and Recreation (DPR) Primary Record Forms for historic
resources in National City. This proposal details the scope of work and cost
estimate for DC&E and Tierra, in response to the scope and role that we
discussed at the historical resources meeting with the City on February 9, 2010_
Project Background
As the second oldest city in San Diego County, National City has a complex
history and a rich stock of historic buildings. In 1996, Anne Pierce Cooper
completed a preliminary study of the city's historic buildings, and cataloged 175
buildings that either had National Register potential, were potentially significant,
or were potentially significant and a better than average "3" (as defined in Ms.
Cooper's report). Since that time, the City of National City has designated 27
buildings as local landmarks, and most (but not all) of these buildings were on
Ms. Pierce Cooper's inventory. Since some of these landmarks were also
identified by Ms. Pierce Cooper, the City has a total of 170 potential historic
resources.
Despite these efforts, the City of National City does not have a detailed inventory
of all buildings in the city that are thought to be of historical significance.
Offices in Berkeley, Ventura and San Diego
Camille Passon
February 26, 2101
page 2
Therefore, the City has requested that DC&E and Tierra create a database list
and DPR forms for all potential resources in the City.
Scope of Work
Task A. Historic Resources Database
Tierra will conduct field surveys to collect photographs, locational information, and
historical, descriptive, and evaluation data on all 170 buildings that are listed in
Ms. Pierce Cooper's study and/or which already have City landmark status.. The
field survey of the buildings is anticipated to require three to five days for a team
of two specialists. Tierra will create a searchable Microsoft Access database list
all 170 buildings. The database will allow searches by APN number, address,
owner, and other appropriate fields. It will also include fields containing thumbnail
photographs and location map images.
Task B. DPR Primary Form Preparation
Tierra wilt create DPR Primary Record Forms for up to 130 of the buildings in the
database. (It is assumed that at least 40 of the buildings in the database will be
found to have been demolished or altered or to otherwise no longer warrant
recordation.)To create these forms, Tierra will merge the appropriate fields from
the database.
One set of forms will be provided. Location maps will be provided as images in
JPG format for each form with each resource location clearly marked.
Deliverables
Deliverables under this scope of work will be:
• Database of known historic structures in National City (including all those
identified as National Register potential, were potentially significant, or
were potentially significant and a better than average "3" by Ms. Pierce
Cooper, as well as all City landmarks).
• Up to 130 DPR forms and database.
Offices in Berkeley, Ventura and San Diego
Camille Passon
February 26, 2101
page 3
Schedule
Six weeks should be allowed between delivery of the complete data set and
production of the final product for the project.
Staff
Historical form and database preparation will be conducted by Mr. Patrick
McGinnis, RPA and other Tierra staff. Mr. Scott Moomjian, J.D., Architectural
Historian, will serve as Principal Investigator and Task Manager.
Cost
This scope of work will be completed for a fixed cost of $35,750 which includes all
time and materials for both DC&E and Tierra. As noted above, this cost includes
completion of DPR forms for up to 130 buildings. If additional DPR forms are
needed, they could be completed at a cost of $250 each.
We look forward to working with PDC and the City on this project. If you have
any questions or observations regarding this proposed agreement, please do not
hesitate to contact me.
Sincerely,
Brooke Peterson,
Project Manager
Offices in Berkeley, Ventura and San Diego
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 20, 2010 AGENDA ITEM NO.
1 ATTACHMENTS ( Listed Below) Resolution No.
1. Application for use of the Martin Luther King, Jr. Community Center
2. Letter requesting use of facility and waiver of fees
1. 3. Liability Insurance
23
ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by Mana San Diego for
their Annual "Dia De La Mujer Latina Health Festival" on Saturday May 1, 2010. No waiver
of fees.
PREPARED BY
Brenda Hodges
Phone: (619) 336-4274
DEPARTMENT
Community Services
EXPLANATION
Mana of San Diego is requesting use of the Martin Luther King, Jr. Community Center for their Dia De La Mujer Latina
Health Festival on Saturday May 1, 2010 from 7:30am to 6:00pm. Approximately 500 participants are expected to
attend throughout the day. Applicant has requested a fee waiver in exchange they will highlight the City of National
City on flyers, programs, and MANA de San Diego newsletter. Fees will amount to:
Building Use Fee: $ 50.00
Kitchen: $ 105.00
Hall Fee: $ 1231.23
Custodial: $ 220.00
Total: $ 1606.23
Cleaning Deposit: $ 100.00
Kitchen Deposit: $ 60.00
This request is consistent with City Council Policy #803 which governs the use of the center.
Environmental Review N/A
Financial Statement
Approving the request for use will result in fees in the amount of $1606.23 plus $100 in refundable
deposits.
STAFF RECOMMENDATION
Approve the Request for Use, with no waiver of fees.
BOARD / COMMISSION RECOMMENDATION
N/A
February 19, 2010
Director of Community Services
City of National City
Community Services Department
140 East 12th Street, Suite B
National City, CA 91950
Dear Director of Community Services:
MANA de San Diego is a non-profit, Latina organization and our mission is to empower
Latinas through education, leadership development, community service and advocacy.
One of our programs is the San Diego Dia de la Mujer Latina Health Festival which wilt
take place on Saturday, May 1 from 9am-5pm. This event serves the health needs of
the underserved Latino community in San Diego and is coordinated by members and
volunteers in partnership with local health agencies and programs. The health festival
offers the following FREE screenings for more than 400 attendees: breast
exams/mammograms, cholesterol/glucose testing, bone density tests. Our partners
include La Maestra Health Clinic, Family Health Centers of San Diego, Breast Cancer
Network of Strength, Shiley Eye Center and many more.
We are writing to submit an application for use of the Martin Luther King Community
Center, Kimball Recreation Center and the Kimball Senior Center and also request a
waiver of fees for the health festival. In return, the City of National City will be
highlighted in our printed flyer, program and MANA de San Diego newsletter.
MANA de San Diego's vision is to foster a community of advocates working together to
create a higher quality of life for everyone. Education at all levels; in areas of
professional growth, health, environmental awareness and community service benefit
not only the Latina, but her family and community.
Thank you in advance for your time and consideration.
Sinc rely,
a is = Bejarano
President
Board of Directors
Marissa Bejarano
President
Myrian S. Coronel
V.P. of Programs
Irma M. Velasco
Vice President
Connie Hernandez
Treasurer
Linda Sierra
Secretary
Rafael Castellanos
Melanie Cruz
Marissa Dragoo
Lucy Hernandez
Lisa A. Rhodes
Evelya Z. Rivera
Lucy Roberts
Rosa M. Robles
Elsa Sevilla
Nora Vargas
�Rnv manas.org
p1i.819297.G1'5 j fix:6t92979995' 251SCaminodelRt6South"S
City of National City
Facility Use Application
140 E. 12th Street, Ste. B
National City, CA 91950
(619)336-4290
Fax (619)336-4292
After hours dispatch:
(619)336-4411
TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend
The City Council meeting when the item is scheduled for consideration in order to answer any questions from
The City Council
Facility Requested: please circle
Martin Luther King Jr. Building
North Room South Room Entire Facility
Granger Music Hall
Date(s) of Use: 6/ l / LC) Day(s) of Use: 5,�}'-uzzpt y
Time of Use: From: %= bp OPM To: Co: by A (' INCLUDE SET-UP & CLEAN UP TIME
3.,b1 Pt ibfr LA d-t f,t�
Type of Function/Activity: (-A-r r.IA ikL1*-PCS7lat-Is the event open to the public? Y�LS
Name & Address of Organization/Group: I-11c & -11 t0) 2.c15 GAi-tt11/4/0 NA. IUD fib_ STr✓ Lz�
SPps� t�l,cA 92-tis
Non- profit organizatio No Tax ID # 33—CJ0(oo
Anticipated Maximum Attendance: SLU -f- Percentage of National City Residents 70 7C>
Will Admission be charged? P"-TO Amount $ Will this be a Fund Raising Event?
(. c-4,6141c.)
Equipment Requested: qs, # of chairs �3c7 # of banquet tables I Stage
O
Y Podium/Microphone
Use of Kitchen: t/ Yes No
Is the Use of Alcohol Requested? !JD
Will other paid services he used (I. e, commercial caterer, DJ, Band, etc)? Yes ' No
**PLEASE ATTACH SEATING DIAGRAM**
Yes I-VNo
Name:
Name:
Use of Gas for Range and Oven:
Phone:
Phone:
FEB 2 4 2010
:Clt IWIUNrEY; E V CE DEE
NATIONAL CrfY, CA
1
How many times in the last twelve months have you requested to use a City Facility?
It is expressly understood and agreed that the applicant assumes all risk for loss, damage,
Liability, injury, cost or expense that may arise during or be caused in any way by such use
or occupancy of the facilities of the City of National City and/or Community Services
Department.
The applicant further agrees that in considerations of being permitted the use of the
facilities agreed to, they will save and hold harmless the said City of National City, its
officers, agents, employees and volunteers from any loss, claims, and liability damages,
and/or injuries to persons and property that in any way maybe caused by applicant's use or
occupancy.
I, the undersigned, hereby certify to abide by the regulations governing said facility and
agree to abide by all City of National City ordinanMes end facilitj r les and policies, and be
representative of the user organizations. Further, rgreeeotelVersonallyresponsible for,
any damage/loss sustained by the ground, building, furniture or equipment or unusual clean
up occurring through the occupancy of said facilities.
Application recognizes and understands that use of the City's facility may create a possessory interest subject
to property taxation and that applicant may be subject to the payment of property taxes levied on such
interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's
facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory
interest in the City's facility.
I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR
THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO
CONFORM TO ALL OF ITS PROVISION.
DATE COMPLETED: 2/j9! 10
PRINT N 1M1 (icy 1 SS tk L�CS f� 2 t��Jl�� f eS i ki/CE of
Skvj
SIGNAT
ADDRESS OF APPLICANT: kS5 (Uci4 Nit, Ott. Q S 0. t & l zs
CITY, STATE, AND ZIP CODE:1'N t4 CAtD (iPs 4 U J8
PHONE: DAY 6I5.11,'7. DJ1SFAX NUMBER: 6/f 9&
CONTACT PERSON ON THE DAY OF THE EVENT:_3b- P SkL (,1\ O0
PHONE: (p(�j �-q7. D//j CELL: ((00 703.16w/
HAVE YOUR COPY OF
APPLICATION IN
POSSESION DURING USE
Please type or print clearly with a
Ballpoint pen. Complete
application must be submitted
and payment submitted in
advanced of the event.
Community Services Staff Only -
Rental Amount Received: Receipt Number:
Deposit Amount: Deposit/ Key Returned:
Check Key issued: YES NO
CITY OF NATIONAL CITY
PUBLIC PROPERTY USE HOLD HARMLESS
AND INDEMNIFICATION AGREEMENT
Person requesting use of City property, facilities or personnel are required to provide a
minimum of $1,000,000 combined single limit insurance for bodily injury and property
damage which include the city, its officials, agents and employees named as additional
insured and to sign the hold harmless agreement. Certificate of Insurance must be
attached to this permit.
Organization: M AJ S\ K
Person in charge of activity: 't 1 A cSA't-�ZPOD 1 f (Idekkt S k E.
Address: zS-/S C [NI) D %- tt 0 79# s • Z 21
Telephone6/') 7 O NS— E-Mail: MAtiA-SJ) @ ii t1Y -S 6. O f2-C1
City Facilities and/ or property requested: /ALL C6114i4 (AVIV Gi/1(2 ) kli-C (, Se--. ,
// CMS 2
Date(s) of use:
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
On public or private property, the undersigned hereby agree(s) to defend, indemnify and
hold harmless the City of National City and its officers, employees and agents from and
against any and all claims, demands, costs, losses, liability or damages for any personal
injury, death, or property damage, or both, or any litigation and other liability, including
attorneys fees and the costs of litigation, arising out or related to the use of public
roperty or the activity taken under the permit by the permit or its agents, employees or
ontract
ature . f appl cant
Certificate of Insurance Approved by
Z// q'/fc
Name and Title
Date
�PPwA- -DC SINw-D
•
Monitoring Alcohol Consumption
Please describe your producers for monitoring alcohol consumption:
Organization must designate a person to ensure that alcohol is being served to persons 21
years of age or older. The designated alcohol server must also be 21 years of age or older.
Name:
Contact phone number the day of event:
YES NO Have you hired any Professional Security organization to handle
Security arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
Safety/ Security
Please describe your procedures for crowd control and internal security:
w 1 LL a 7- h/O561126S g4v s 4ELksvie'/ ►�-c L
t/b l uic/ /v Pe..6vi
RAJ 54 wz,c ry
YES 1 NO Have you hired any Professional Security organization to handle
Security arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
°,, ACORflw CERTIFICATE OF LIABILITY
INSURANCE
DATE(MM/DD1YYYY)
02/19/2010
PRODUCER (858) 569-8100
Bill Corley Insurance" Agency i4
Murphy Canyon Rd. #A164
San Diego CA 92123-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC II
INSURED
NANA de San Diego
2515 Camino Del Rio South #228
San Diego CA -
INSURERANonProfits Ins Alliance
INSURER B:
INSURERC:
INSURER D.
INSURERS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIITONS OF SUCH POLICIES.
AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADM
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIOD!YY)
POLICY EXPIRATION
DATE (6011/OD/TY)
LNeITS
A
X
GENERAL uABtLTTY
/ /
/ /
EACH OCCURRENCE
$ 1,000,000
X
COMMERCIAL GENERAL LIABIUTY
PDRY MISES
$ 500,000
j
CLAIMS MADE [ IOCCUR
2010-13980-NPO
01/29/2010
01/29/2011
((EaENTED oa rP(
MEDpa, (Any OasJ,erson)
6 20,000
PERSONAL a ADV INJURY
$ 1, 000 , 000
/ /
/ /
2,000,000
GENERAL AGGREGATE
$
GENL
—I
AGGREGATE LIMB APPLIES PER:
PRODUCTS- COMP/OP AGG
$ 2,000,000
POLICY n JE f l LOC
/ /
/ /
AUTOMOBILE
LIABtUTY
ANY AUTO
/ /
/ /
COMBINED SINGLE LIMIT
(Ea acNdeat)
S
A
ALL OWNED AUTOS
/ /
/ /
BODILY INJURY
leer Person)
$
_
HIRED AUTOS
NON -OWNED AUTOS
/ /
/ /
BODILY INJURY
(I'p,a 0
$
/ /
/ /
PROPERTY DAMAGE
1
_
(Per actigant)
S
GARAGE
LIABILITY
AUTO ONLY -EA ACCIDENT
$
1
ANY AUTO
�
/ /
/ /
OTHER THAN EA ACC
$
AUTO ONLY: AGG
S
EXCESSAIMBREU.A LIABILITY
—1
/ /
/ /
EACH OCCURRENCE
S
OCCUR - CLAIMS MADE
AGGREGATE
$
$
JDEDUCTIBLE
/ /
/ /
$
RETENTION $
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
/ /
/ /
aO y[fT 4 ER
ANY PROPRIETORRPARTNER/EXECUTNE
E.L. EACH ACCIDENT
E
OFFICER/MEMBER EXCLUDED?
tryst. deccdbeu der
/ /
/ /
EL. DISEASE -EA EMPLOYEE
$
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$
A
OTHER
Property Coverage
CN10009149-00
01/29/2010
01/29/2011
S50o Deductible $25,000
DESCRIPTION OFOPERATIONSILOCATIONSNEHICLESIE)(CLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFIATE HOLDER IS NAHBD ADDITIONAL IRSUBEo.
COVERAGE SUBJECT TO T16RMS AND C06TDITIONS OF TEE POLICY.
*EXCEPT 10 DAYS IF WOE -PAYMENT CANCELLATION.
OLDER
CANCELLATION
City of National City
140 E. 12th Street Suite B
National City
LCORD 25 (2001/08)
INS026 (LHottot
CA 91950-3312
SHOULD ANY OF THE ABOVE DESCRfEED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LITY OF ANY KIND UPON THE
INSURER, ITS AG TS OR REPRESENTATIVES.
AUTHOR
ELECTRONIC LASER FORMS, INC. - (300)32T-0545
O ACORD CORPORATION 1908
Page 1 of 2
1
City of National City, California
COUNCIL AGENDA STATEMENT
!FETING DATE April 20, 2010 AGENDA ITEM NO.
24
ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by Sweetwater High
School for their Awards Ceremony on Tuesday May 25, 2010. No waiver of fees.
PREPARED BY Brenda Hodges 4DEPARTMENT Community Services
Phone: (619) 336-4290
EXPLANATION
Sweetwater High School is requesting use of the Martin Luther King, Jr. Community Center for their
Awards Ceremony on Tuesday May 25, 2010 from 5:00pm to 8:30pm with no waiver of fees.
Approximately 100 guests will be attending.
Cost: Building Use Fee: $ 50.00
Hall Fee: $ 82.08
Custodial: $ 44.00
Tables: $ 2.00
Chairs: $ 75.00
Total $ 253.08
Cleaning Deposit: $ 100.00
This request is consistent with City Council Policy #803 which governs the use of the center.
Environmental Review si N/A
Financial Statement
Approved By:
Finance Director
Approving the request for use will result in fees of $253.08 plus $100 in refundable deposits.
Account No.
STAFF RECOMMENDATION
Approve the request for use.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
- Application for use of the Martin Luther King, Jr. Community Center
- Liability Insurance
A-200 (9/99)
•
City of National City
Facility Use Application
140 E. 12th Street, Ste. B
National City, CA 91950
(619)336-4290
Fax (619)336-4292
After hours dispatch:
(619)336-4411
TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend
The City Council meeting when the item is scheduled for consideration in order to answer any questions from
The City Council
Facility Requested: please circle
Martj1LLuther King Jr. Building
South Room Entire Facility
Granger Music Hall
Date(s) of Use:
/ ' 4--/ 2- 2-O' c' Day(s) of Use:
Time of Use: From: rAM9 To: '3 AM/ INCLUDE SET-UP & CLEAN UP TIME
)e of Function/Activity: TT111.-X-13.S ae-tt-f tils the event open to the public? 'F 5'
Name & Address of Organization/Group: 5.--- / Z- 67- s1- , /E17 ti// (* a L.-
Non- profit organization: �es� No Tax ID # 9 S- 4 v o A 3 u 82-
�m, 7e,
Anticipated Maximum Attendance: /GAO Percentage of National City Residents
Will Admission be charged? AL/u Amount $ Will this be a Fund Raising Event? /l%
Equipment Requested: / 0 0
# of chairs '2-- # of banquet tables .6) Stage
Podium/Microphone
Use of Kitchen: Yes >< No
Is the Use of Alcohol Requested? Ar0
Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)?
**PLEASE ATTACH SEATING DIAGRAM**
Name: L/FM/ /92/71C0ViGtf-
Name:
Use of Gas for Range and Oven:
Yes No
Yes - No
Phone: 6 /9/ % 19 -9 c-4
Phone: 1/? ? 3 o "7
C-ec
How many times in the last twelve months have you requested to use a City Facility? s&
It is expressly understood and agreed that the applicant assumes all risk for loss, damage,
Liability, injury, cost or expense that may arise during or be caused in any way by such use
or occupancy of the facilities of the City of National City and/or Community Services
Department.
The applicant further agrees that in considerations of being permitted the use of the
facilities agreed to, they will save and hold harmless the said City of National City, its
officers, agents, employees and volunteers from any loss, claims, and liability damages,
and/or injuries to persons and property that in any way may be caused by applicant's use or
occupancy.
I, the undersigned, hereby certify to abide by the regulations governing said facility and
agree to abide by all City of National City ordinances and facility rules and policies, and be
representative of the user organizations. Further, I agree to be personally responsible for
any damage/loss sustained by the ground, building, furniture or equipment or unusual clean
up occurring through the occupancy of said facilities.
Application recognizes and understands that use of the City's facility may create a possessory interest subject
to property taxation and that applicant may be subject to the payment of property taxes levied on such
interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's
facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory
interest in the City's facility.
I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR
THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO
CONFORM TO ALL OF ITS PROVISION.%
DATE COMPLETED: �J /�/ /
PRINT NAME: TR aV / c
SIGNATURE:
ADDRESS O APPLICANT:..90/hf %4Gi7-A/A , v E
CITY, STATE, AND ZIP CODE: 4 a C 9 - 1 S-0
PHONE: DAY 91 y' 9IS7FAX NUMBER: I/71/- 97 CS --
CONTACT PERSON ON THE DAY OF THE EVENT: r..-C1/3411
PHONE: t1j-/ 5-30 aLL: ( )
HAVE YOUR COPY OF
APPLICATION IN
POSSESION DURING USE
Please type or print clearly with a
Ballpoint pen. Complete
application must be submitted
and payment submitted in
advanced of the event.
Community Services Staff Only -
Rental Amount Received: Receipt Number
Deposit Amount: Deposit/ Key Returned:
Check Key issued: YES NO
CITY OF NATIONAL CITY
PUBLIC PROPERTY USE HOLD HARMLESS
AND INDEMNIFICATION AGREEMENT
Person requesting use of City property, facilities or personnel are required to provide a
minimum of $1,000,000 combined single limit insurance for bodily injury and property
damage which include the city, its officials, agents and employees named as additional
insured and to sign the hold harmless agreement. Certificate of Insurance must be
attached to this permit.
Organization: AJ 7,1 *-7 t f- / j i lit J Cifc
Person in charge of activity: ,41lo' ; i -7—' d V r C f/
Address:
Z 9 /-6 )4Ztre
Telephone:I % r- y) 7 5/ E-Mail:
del Gr f 41 f . ni, T - o v' i 4, 0,5V See ,
City Facilities and/ or property requested: > u
Date(s) of use: /%%»p a 5, 2.- o / 0
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
On public or private property, the undersigned hereby agree(s) to defend, indemnify and
hold harmless the City of National City and its officers, employees and agents from and
against any and all claims, demands, costs, losses, liability or damages for any personal
injury, death, or property damage, or both, or any litigation and other liability, including
attorneys fees and the costs of litigation, arising out or related to the use of public
property or the activity taken under the permit by the permit or its agents, employees or
contractors.
Signature of applicant
Certificate of Insurance Approved by
0/6" /
Date
Name and Title
Safety/ Security
Please describe your procedures for crowd control and internal security:
YES NO Have you hired any Professional Security organization to handle
Security arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
Monitoring Alcohol Consumption
Please describe your producers for monitoring alcohol consumption:
gow& e$o S56,2-Veza iS��L r CAS
w r 4- t.
AVh 7` /n r -r-7-6a
Organization must designate a person to ensure that alcohol is being served to persons 21
years of age or older. The designated alcohol server must also be 21 years of age or older.
Name:
Contact phone number the day of event:
YES NO Have you hired any Professional Security organization to handle
Security arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
5
,4CORD CERTIFICATE OF LIABILITY INSURANCE 6/16/2009 �"'
PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
BB&T Insurance Svcs of CA,Inc.
750 B Street, Suite 2400
an Diego, CA 921(31
421-6744
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
San Diego County Schools/JPA
Sweetwater Union H.S. District
1130 Fifth Avenue
Chula Vista, CA 91911
INSURERlc Everest National/CRC"
10120
INSURER B. Permissively Self -Insured
INSURER C: AWACICRC*
10690
INSURER D. Endurance/CRC'
41718
INSURER E ContinentallGr.Am/`CRC
20443
,..,..,...,,,,....—
THE POUCIES.OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THEPOLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
'MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS -AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADD'L
-
TYPE OF INSURANCE
-
POLICY NUMBER -
POLICY EFFECTIVE
DATEIMMIDDIYYI
POLICY EXPIRATION
DATE HAMIDD/TY)
LIMIT
LTR
INSRC
GENERAL LIABILITY
71P2000015091
07/01/09
07/01/10
EACH OCCURRENCE
s5,000,000
A
GENERAL L161LnY
DAMAGERENTED
PREMISES IEwncel
S
XCOMMcRCIAL
I
PERSONAL 8 ADV INJURY
S
GENERAL AGGREGATE
58,000,000
LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
S8,000,000
GEN'L
AGGREGATE
POLICY p
JECT
JEC7
LOC
A
AUTOMOBILE
X
LIABILITY
AUTO
71P2000015091
07/01/09
07/01110
COMBINED SINGLE LIMIT
(Ea accident)
55,DD0+ 000
ANY
ALL OWNED AUTOS
S
HIRED AUTOS
NON AUTOS
BODILY INJURY
(Per accident)
X
-OWNED
$500,000 S.I.R.
PROPERTY DAMAGE
(Per accident)
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
5
A
AUTO ONLY: AGG
5
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
S
IOCCUR
C
S
D
RETENTION S
5
B
WORKERS COMPENSATION AND
JPA MEMORANDUM
07/01/09
07/01/10
TORY IMITS
ID R
EMPLOYERS' LIABILITY
OF COVERAGE
E.L. EACH ACCIDENT
S1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED,
60 Days Notice of
E.L. DISEASE - EA EMPLOYEE
51,000,000
under
, describe under
If yesC ALPRObelow
Sye
Cancellation
DISEASE -POLICY LIMIT
51,000,000
C
D
E
OTHER Blanket Prop
Blanket Prop
Blanket Prop
P0123260D1
CPN100014313900
RMP2083564156
07/01/09
07/01/09
07/01/09
07/01/10
07/01/10
07/01/10
$5,000,000/$175,000 SIR
520,000,000 XS $5M
$175,000,000 XS $25M
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*Issued CRC permission. Property policy incl Special Form/Replacement Cost.
Re: Use of premises. City of National City, its officials, agents and
employees are additional insureds (general liability policy) per the
attached form.
CERTIFICATE HOLDER
City of National City
Parks & Recreation Dept.
140 E 12th Street
National City, CA 91950
CANCELLATION
10 Days for Non -Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ en DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001108) 1 of 2 ifS3714912/M3714827
TTCAR C ACORD CORPORATION 1968
IMPORTANT
tf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form •does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001/08) 2 of 2 #S4119065/M4013314
EUM 20 505 D5 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- INSURED CONTRACT
This endorsement modifies insurance provided under the following:
PUBLIC ENTITIES EXCESS LIABILITY
1. The following is added to SECTION II.
WHO IS AN INSURED:
Any person(s), enlily(ies), or
organlzation(s) to whom the Named
Insured is obligated by virtue of an
Insured contract' to provide
Insurance solely with respect to
"bodily injury° and "property
damage° and arising out of:
a. Premises leased, used or
occupied by you;
b. °Automobiles" leased or rented
by you;
c. Equipment owned, leased,
rented, maintained or used by
you;
d. Mortgagees of a Named
-Insured; or
e. Property owners and property
managers of property owned,
leased, rented or occupied by
you.
San Diego County Schools Risk
However, this insurance under this
endorsement does not apply to:
i. Any occurrence which takes
place prior to or after you cease
to occupy the premise as stated
in the "Insured contract".
II, Any structural alteration, new
construction or demolition
operations performed by or on
behalf of the additional Insured.
ill. Any "wrongful act", °employment
practices wrongful act" or any
`employee benefit wrongful act".
2. The Limits of Insurance afforded under
thls endorsement will be limited to the
Limits of Insurance required within the
terms of the "Insured contract" or the
Limits of Insurance of this Policy,
whichever is less, and will apply in
excess of any "underlying Insurance" or
your "retained limit" shown in the
Declarations. We will not be obligated
for limits of insurance shown in the
"insured contract" that are greater than
the Limits of Insurance of this Policy.
Management -Everest National-
#71P2000015091-07/01/09 to 07/01/10.
EUM 20 505 05 06
Includes copyrighted material of ISO Properties, Inc., 2004 with Page 1 of 1
its permission.
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
ETING DATE:
April 20, 2010
AGENDA ITEM NO. 25
ITEM TITLE:
Authorize the reimbursement of Community Development Commission expenditures in the amount
of $155,188.36 to the City of National City for the period of 03/17/10 through 03/23/10
PREPARED BY: D. Gallegos DEPARTMENT:
PHONE: 619-336-4331 APPROVED BY:
EXPLANATION:
Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged
with the City of National City. In order to streamline the payment process, the City of National City pays
for all expenditures for the CDC.
Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests
approval of the reimbursement of CDC activity.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED.
APPROVED:
Approve the reimbursement of funds to the City of National City in the amount of $155,188.36
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Accept and File.
BOARD / COMMISSION RECOMMENDATION:
N/A
,TACHMENTS:
rrants for the period of 03/17/10 through 03/23/10
INCORPORATED
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #38
3/23/2010
PAYEE
RICK ENGINEERING COMPANY
BEST BEST & KRIEGER LLP
BOOT WORLD
BRG CONSULTING, INC
CHRISTENSEN & SPATH LLP
EQUIFAX INFORMATION SVCS
GE CAPITAL
HOGLE IRELAND INC
ICF JONES & STOKES
NINYO & MOORE
PRO BUILD
PRUDENTIAL OVERALL SUPPLY
SAN DIEGO TROLLEY INC
STAPLES ADVANTAGE
SWEETWATER AUTHORITY
UNION -TRIBUNE PUB. CO.
VISTA PAINT
^'TY OF NATIONAL CITY
LINTY OF SAN DIEGO
,. ALTH NET
URBAN FUTURES
SECTION 8
SECTION 8 HAPS PAYMENTS
PAYROLL
Pay period Start Date
06 2/23/2010
DESCRIPTION
JAN 2010 SERVICES
EXPERT & CONSULT SERVICES
MOP 64096 SAFE BOOTS NEIGHB
DOWNTOWN SPECIFIC PLAN
LEGAL SERVICES
S8 BACKGROUND/CREDIT CHECKS
INSTALLMENT FOR COPIER RENTAL
CONSULTANT AGREEMENT
WESTSIDE SPECIFIC PLAN EIR
MARINA STREETSCAPE
MOP 45707 MATERIALS & SUPPLIES
MOP 5742 LAUNDRY SERVICE
FLAGGING SERVICES
MOP 45704 OFFICE SUPPLIES
PAY FOR WATER UTILITES FOR CDC
PUBLICATION -PLANNING COMMISSION
MOP 68834 PAINT SUPPLIES
PETTY CASH - FEB 2010
MAIL PROCESSING 02/01 - 02/28/10
HEALTH INS H0067A MARCH 2010
REDEVELOPMENT PROJECT
Start Date
3/17/2010
End Date
3/8/2010
End Date
3/23/2010
Check Date
3/17/2010
CHK NO DATE AMOUNT
235281 3/18/10 4,792 11
235298 3/23/10 630.41
235299 3/23/10 125.00
235300 3/23/10 12,607.96
235301 3/23/10 50.00
235302 3/23/10 50.00
235303 3/23/10 210.43
235304 3/23/10 8,499.29
235305 3/23/10 26,132.48
235306 3/23/10 1.761.25
235307 3/23/10 336.56
235308 3/23/10 40.02
235309 3/23/10 36.40
235310 3/23/10 42.26
235311 3/23/10 438.90
235312 3/23/10 985.60
235313 3/23/10 673.24
235324 3/23/10 31.00
235326 3/23/10 793.08
235333 3/23/10 -3.96
235370 3/23/10 3,850.00
A/P Total $ 62,082.03
10,369.64
82,736.69
GRAND TOTAL $ 155,188.36
ORNIA
C. INCORPORATES
COMMUNITY DEVELOPMENT COMMISSION
Warrant Register # 38
3/23/2010
261 CDC DEBT SERVICE FUND
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
3,355.13
31,885.65
1,154.93
106, 942.40
11, 850.25
155,188.36
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
MEETING DATE:
April 20, 2010
AGENDA ITEM NO. 26
!all TITLE:
Authorize the reimbursement of Community Development Commission expenditures in the amount
of $52,482.60 to the City of National City for the period of 03/24/10 through 03/30/10
PREPARED BY: D. Gallegos DEPARTMENT: Finance
PHONE: 619-336-4331 APPROVED BY:
EXPLANATION:
Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged
with the City of National City. In order to streamline the payment process, the City of National City pays
for all expenditures for the CDC.
Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests
approval of the reimbursement of CDC activity.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Approve the reimbursement of funds to the City of National City in the amount of $52,482.60
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Accept and File.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
rants for the period of 03/24/10 through 03/30/10
PAYEE
FERNANDEZ
HAPPY SOFTWARE INC
COUNTY OF SAN DIEGO
DESROCHERS
DR MARKETING
HAPPY SOFTWARE INC
HUSK PARTNERS
KEYSER MARSTON ASSOC
LASER SAVER INC
SDG&E
STAPLES ADVANTAGE
WADE & ASSOCIATES
COUNTY OF SAN DIEGO
SECTION 8
SECTION 8 HAPS PAYMENTS
�ttc�3U
INCORPORATED
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #39
3/30/2010
DESCRIPTION
FSS PROGRAM/S8 PARTICIPANT
CONFERENCE REGISTRATION
CONTRACT SERVICES
RETIREE HEALTH BENEFITS-APRIL 2010
PUBLISHING COST FOR SECTION 8
CUSTOM PAYMENT EXPORT TO EDEN
CONSULTING SERVICES MAR 2010
ECONOMIC CONSULTING SVCS
MOP 45725 INK CARTRIDGES
GAS/ELECTRIC 02/18/10 - 03/19/10
MOP 45704 OFFICE SUPPLIES
KIMBALL BOWL SOD
MAIL PROCESSING 12/16/09 - 01/15/10
Start Date End Date
3/24/2010 3/30/2010
CHK NO DATE AMOUNT
235394 3/25/10 4,692.00
235395 3/25/10 1,485.00
235397 3/30/10 59.50
235398 3/30/10 110.00
235399 3/30/10 250.00
235400 3/30/10 800.00
235401 3/30/10 7,500.00
235402 3/30/10 9,034.42
235403 3/30/10 264.05
235404 3/30/10 223.28
235405 3/30/10 131.27
235406 3/30/10 21,468.25
235506 3/30/10 677.60
A/P Total $ 46,695.37
5,787.23
GRAND TOTAL $ 52,482.60
COMMUNITY DEVELOPMENT COMMISSION
Warrant Register # 39
3/30/2010
502 SECTION 8 FUND
511 TAX INCREMENT FUND
14,087.15
38,395.45
52,482.60
ITEM #27
4/20/10
CLOSED SESSION REPORT
(CITY ATTORNEY)