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HomeMy WebLinkAbout2012 09-18 CC HA AGENDA PKTAgenda Of Regular Meeting — National City City Council/Community Development Commission - Housing Authority of the City of National City Council Chambers 1243 National City Boulevard National City, California Regular Meeting — Tuesday — September 18, 2012 — 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 of the City of National City 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 of the City of National City 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 of the City of National City action must be brought back on a subsequent Council of the City of National City Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative 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 Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacian en espanol 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 National City City Council /Community Development Commission/Housing Authority CITY COUNCIL PRESENTATION 09/18/12 - Page 2 1. Employee of the Month of September 2012 — Andrew Smith — Firefighter Paramedic — Fire Department CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the Minutes of the Special Meeting of the City Council and Community Development Commission of December 6, 2011, the Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of August 14, 2012, and the Regular Meeting of City Council and Community Development Commission - Housing Authority of August 21, 2012. (City Clerk) 3. 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) 4. Resolution of the City Council of the City of National City ratifying the acceptance of a $43,410 grant from the California Library Literacy Services (CLLS) to fund the Library's literacy services for FY 2012-13. (Library) 5. Resolution of the City Council of the City of National City adopting an Amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 2010-138. (City Attorney) National City City Council /Community Development Commission/Housing Authority 09/18/12 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City in support of Proposition 35, also known as the Californians Against Sexual Exploitation Act. (City Attorney) 7. WARRANT REGISTER #7 Warrant Register #7 for the period of 08/08/12 through 08/14/12 in the amount of $1,653,330.17. (Finance/Administrative Services) 8. WARRANT REGISTER #8 Warrant Register #8 for the period of 08/15/12 through 08/21/12 in the amount of $1,465,044.75. (Finance/Administrative Services) 9. Temporary Use Permit — "Miracle Babies" Car Show hosted by the Sweetwater Harley Davidson at 3201 Hoover Avenue on September 22, 2012 with no waiver of fees. (Neighborhood Services Division) 10. Temporary Use Permit — Diabetes Charity Car Show hosted by the Sweetwater Harley Davidson at 3201 Hoover Avenue on October 27, 2012 with no waiver of fees. (Neighborhood Services Division) 11. Temporary Use Permit — 20th Annual Fiesta Filipiniana-Mexicana Karaoke hosted by the Seafood City Supermarket on September 29, 2012 from 10 a.m. to 10 p.m. at 1420 E. Plaza Blvd. with no waiver of fees. (Neighborhood Services Division) 12. Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Catholic Church on October 7, 2012 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood Services Division) National City City Council /Community Development Commission/Housing Authority 09/18/12 - Page 4 CONSENT CALENDAR (Cont.) 13. Temporary Use Permit — Pumpkin Station hosted by Pinery Christmas Trees Inc. at Plaza Bonita Mall on September 28 through October 31, 2012 with no waiver of fees. (Neighborhood Services Division) ORDINANCE FOR INTRODUCTION 14. An Ordinance of the City Council of the City of National City amending Chapter 7.20 of the National City Municipal Code by adding Section 7.20.150 regulating the use of tarpaulins. (Development Services) NON CONSENT RESOLUTION 15. Resolution of the City Council of the City of National City approving revised program parameters for the Owner Occupied Housing Rehabilitation Program funded by the HOME Investment Partnership. (Housing & Grants) NEW BUSINESS 16. Follow up report regarding lifting of the current moratorium on pawn, precious metal dealing and second hand businesses. (Planning) 17. Update on the 125th Anniversary Picnic. (Community Services) COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NON CONSENT RESOLUTIONS 18. Resolution of the Community Development Commission Housing Authority of the City of National City declaring that the George H. Waters Nutrition Center flood constitutes an emergency and authorizes the City Manager to procure the necessary contractual services, equipment, materials, and supplies without giving notice for bids to award contracts to replace the fire suppression water line, and ratification of previous actions taken to address emergency issues as a result of the rupture of the fire suppression line. (ITEM REQUIRES 4 OF 5 VOTES) (Housing & Grants) National City City Council /Community Development Commission/Housing Authority 09/18/12 - Page 5 NON CONSENT RESOLUTIONS (Cont.) 19. Resolution of the Community Development Commission Housing Authority of the City of National City appropriating $300,000 from Kimball Tower replacement reserve account to complete Nutrition Center repairs and improvements not covered by the insurance carrier. (Housing & Grants) STAFF REPORTS 20. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting — Tuesday — October 2, 2012 — 6:00 p.m. - Council Chambers — National City, California. COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov - * CALIFORNIA — - CINCORPORATEII MEMORANDUM ITEM # 1 9/18/12 September 4, 2012 TO Leslie Deese, - Manager FROM Stacey Stevens • ' ector of Administrative Services 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 September 2012 is Andrew Smith — Firefighter/Paramedic By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 18, 2012 to be recognized for his achievement and service. Attachment cc: Andrew Smith Frank Parra — Director of Emergency Services Don Miner — Battalion Chief Ernesto Diaz - Captain Josie Flores -Clark — Executive Assistant Human Resources — Office File SS: lgr Performance Recognition Program (2) 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 I nominate Firefighter/Paramedic Andrew Smith 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. Andrew has set high standards for himself during his short time with the National City Fire Department. He Is a member of the department Rescue Committee, a CPR Instructor, and will soon take on the responsibilities of a Confined Space Instructor. All in addition to his assigned duties as a Firefighter/Paramedic. Andrew is a self -motivator and frequently takes on extra assignments. He was recently asked to prepare the Terrorism Consequence Management Course, with very little notice and time for preparation, for both the National City and Chula Vista Flre Departments. The course was very successful and offered valuable training for all that attended. He is an exemplary employee and an outstanding crew member. His commitment to providing the highest possible standard of care to the citizens of National City is an asset to the department and the City. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nomin�(fed by:i _ �• "F ;1' Parra, Director of Emergency Services Signature\. Date: August 2012 ITEM #2 9/18/12 APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF DECEMBER 6, 2011, THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF AUGUST 14, 2012, AND THE REGULAR MEETING OF CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF AUGUST 21, 2012 (CITY CLERK) 1..dil #3 City of National. City 9/18/12 Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 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: September 18, 2012 AGENDA ITEM NO.4j ITEM TITLE: Resolution of the City Council of National City ratifying the acceptance of a $43,410 grant from the California Library Literacy Services (CLLS) to fund the Library's literacy services for FY2012-13. PREPARED BY: G. Olivares PHONE: 470-5883 EXPLANATION: DEPARTMENT: Libra APPROVED BY: The California Library Literacy Services (CLSS) grant is awarded to the National City Public Lib by the California State Library to support the following programs for FY2012-13: - Adult Literacy Services - Families for Literacy - English Language Literacy Intensive (ELLI) Due to reduced funding, Mobile Library Literacy Services (MLLS), a program offered to pre-schools through the bookmobile, will not be provided. Background information: In FY2011-12, due to the State budget's total elimination of library programs funding, the Library did not receive the CLLS grant. In FY2010-11, the Library was awarded $59,466 to operate the following programs: Adult Literacy Services, Families for Literacy, English Language '_iteracy Intensive, and Mobile Library Literacy Services. ;DBG has been used to cover costs of key staff overseeing literacy services, thus providing leverage for the Library to get additional operating funding from the State Library. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 320-431-337 APPROVED: ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approval recommended; BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on September 12, 2012 ATTACHMENTS: Ward Letter Claim Form' RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $43,410 GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICES TO FUND THE LIBRARY'S LITERACY SERVICES FOR FISCAL YEAR 2012-2013 WHEREAS, on August 27, 2012, the National City Public Library was awarded a California Literacy Services ("CLLS") literacy award for Fiscal Year 2012-2013 in the amount of $43,410, which will be used to fund adult literacy services, a Families for Literacy program, and an English Language Literacy Intensive program; and WHEREAS, the Library Board of Trustees approved the grant award acceptance on September 12, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby ratify the acceptance of the California Library Literacy Services award grant in the amount of $43,410 to fund the Library's literacy services for Fiscal Year 2012-2013. PASSED and ADOPTED this 18th day of September, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor Page 2 August 27, 2012 Minh Duong National City Public Library 1401 National City Boulevard National City, CA 91950-4401 Dear Ms. Duong: STAT IBRARY PRESERVING OUR HERITAGE. SHAPING OUR FUEURE minh.duong@nationalcitylibrary.org We are pleased to be able to provide your library with a California Library Literacy Services (CLLS) literacy award for 2012/13 in the amount of $43,410. As a reminder, our goals are: • To use the reduced funding to ensure that our focus is on our core mission —Adult Literacy. • To simplify and mesh family literacy into the adult program reporting structure. (NOTE: This allows local dollars spent on family literacy to be included in the "match" part of the funding formula.) You are required to spend a minimum of 80% of your total CLLS funding for the year on adult literacy (and family literacy if you want that to be part of your program.) If you continue to provide ELLI or MLLS services, you may spend the remaining 20% on these approved CLLS ancillary programs, as long as you meet the Program Essentials for those programs. Next Steps: (1) Sign and return the attached Claim Form. We will initiate the payment process upon receipt of your signed Claim Form (attached). You should receive a check for the above amount within six weeks of submitting your claim form. All of these funds must be expended or encumbered by June 30, 2013. (2) Your revised budget will be due in December. My staff will notify you by e-mail when the online system is available to submit it. (3) As in the past, you will be asked to report electronically twice this fiscal year — once in February, and again in August. Our staff will provide more details on this process. 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 4". Floor, Sacramento, CA 95814 National City Public Library Page 2 Should you have any additional questions regarding the funding and/or reporting process, please contact: Jacquie Brinkley at (916) 651-0376 or ibrinklev((library.ca.gov Carla Lehn at (916) 653-7743) or clehn@library.ca.gov Clearly these are changing times. Please know how much your efforts are appreciated. We have much to be proud of in providing these important services in our California communities. Thank you for all you do in your libraries on behalf of CLLS. Kindest Regards, State Librarian of California cc: Minh Duong, Literacy Coordinator, minh.duong@nationalcitylibrary.org Enc.: Claim Form 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 46 Floor, Sacramento, CA 95814 National City Public Library Page 3 The CLAIM FORM California Library Literacy and English Acquisition Services Program (CLLS) FY 2012/2013 California Education Code; Sections 18880-18884 •CSL Budget Item 6120-213-0001 National City Public Library claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18884 of the California Education Code. I hereby certify under penalty of perjury: that the library named above shall use their allowance solely for the purposes indicated in their CLLS application and in Sections 18880-18884 of the California Education de. ibraryDirectdf (Signature) CLAIM FOR PAYMENT OF GRANT Claim of National City Public Library Minh Duong Typed Name of Signatory Name of Authorized Library Address 1401 National City Blvd., National City CA 91950 Amount Claimed: $43, 410 Date 8/29/2012 CERTIFICATION hereby certify under penalty of perjury: that 1 am the duly authorized officer of the claimant herein; that the claim is in all true, correct and in accordance with law and that payment has not previously been received for a amount claimed herein. By ( g Required) a ive o ,sca/Agent Si nature Re wired) Title Note: Warrant to be iss or payment to the library to be addressed to: National City Public Library City Librarian (Authorized agency to receive, disburse and account for CLLS funds) 1401 National City Blvd., National City CA 91950 Mail to: California State Library, Fiscal/Local Assistance P.O. Box 942837 Sacramento, CA 94237-0001 (Address of above agency) Approval by State: State Library Local Assistance Office Use Only Califomia Library Literacy Services $ BY: DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 18, 2012 AGENDA ITEM NO. 15 ITEM TITLE: Resolution of the City Council of the City of National City adopting an Amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 2010-138 PREPARED BY: Claudia Gacitua Silva PHONE: EXPLANATION: Ext. 4222 DEPARTMENT: Ci APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. IN/A' ENVIRONMENTAL REVIEW: IN/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: a Finance MIS STAFF RECOMMENDATION: Adopt the attached resolution.; BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proposed resolution. Mayor Ron Morrison Council Members Alejandro Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Proposed Amendment of Conflict of Interest Code City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight DATE: September 5, 2012 The Basic Conflict of Interest Rule The basic rule for conflicts of interest is set forth in Section 87100 of the Political Reform Act, California Government Code Section 87100, et seq. (the "Act"), as follows: No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. In this context, "public official" means every member, officer, employee, or consultant of a state or local government agency (Section 82048). The City's Conflict of Interest Code The Political Reform Act requires various city officials to file an annual Statement of Economic Interests ("SEI"). Those required to file statements are divided into two groups — those required to file under Government Code Section 87200 (mayors, council members, planning commissioners, city managers, city attorneys, and those who manage public investments), and those required to file under Government Code Section 87300. The reporting requirements of the Section 87200 filers are established by state law. The reporting requirements of the Section 87300 filers are established by conflict of interest codes adopted by each city. The conflict of interest code contains a list of "designated positions" which are subject to the code. The individuals who occupy those positions are required to file a SEI. What information those individuals must report on their SEI is also identified in the code under "disclosure categories." The categories of financial interests that must potentially be disclosed are: investments, interests in real property (except a personal residence), sources of income including gifts, and business positions. Whether all or only some of these interests must be reported, and to what extent they must be reported, is determined on a case -by -case basis. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 The criteria for determining whether an officer, employee, board member, or consultant should file a statement of economic interests under a conflict of interest code are set forth in Sections 18700, and 18702 through 18702.4 of Title 2 of the California Code of Regulations. (Title 2 of the California Code of Regulations ["CCR"] are the administrative regulations adopted by the FPPC to implement the Political Reform Act). Essentially, if in carrying out the duties of their position, the individual is involved in making, participating in the making, or using or attempting to use his/her official position to influence a governmental decision that he/she knows or has reason to know he/she has a disqualifying conflict of interest, then the individual is subject to the reporting requirement. In adopting a conflict of interest code, the City Council makes the factual determination as to whether these criteria are present, thus requiring inclusion of a classification in the code. The CCR contains certain sections which provide some guidance to the City Council in making this determination. Section 18702.1 provides that a public official "makes a governmental decision" when the official, acting within the authority of his or her office, votes on a matter, appoints a person, obligates his or her agency to any course of action, enters into any contract on behalf of the agency, or determines not to act on any of the above, unless such determination not to act is made because of his or her financial interest. Section 18702.2 states that a public official "participates in making a governmental decision" when, acting within the authority of his or her position, he or she negotiates, without significant substantive review, with a governmental entity or private person regarding a governmental decision. A public official also participates in making a governmental decision when he or she advises or makes recommendations to the decision -maker either directly or without significant intervening substantive review, by conducting research or making any investigation that requires the exercise of judgment on the part of the official in order to influence a governmental decision; or prepares or presents any report, analysis, or opinion, orally or in writing, which requires the exercise of judgment in order to influence a governmental decision. Section 18702.3 sets forth the factors to consider in determining when a public official is "using or attempting to use his/her official position to influence a governmental decision". With regard to a governmental decision which is within or before an official's agency or an agency appointed by or subject to the budgetary control of his or her agency, the official is attempting to use his or her official position to influence the decision if, for the purpose of influencing the decision, the official contacts or appears before or otherwise attempts to influence any member, officer, or employee or consultant of the agency; or if, for the purpose of influencing the decision, the official acts or purports to act on behalf of, or as the representative of, his or her agency to any member, officer, employee, or consultant of an agency. Such actions include, but are not limited to, the use of official stationery. Section 18702.4 enumerates the actions which are not considered "making or participating in making a governmental decision," as follows: (1) Actions of public officials which are solely ministerial, secretarial, manual, or clerical. 2 Conflict of Interest Code Proposed Amendment (3) (2) Appearances by a public official as a member of the general public before an agency in the course of its prescribed governmental function to represent himself or herself on matters related solely to the official's personal interests. Actions by public officials relating to their compensation or the terms or conditions of their employment or contract. Section 18702.4 also provides that an official is not attempting to "use his or her official position to influence a governmental decision" when engaged in the following activities: (1) (2) (3) Appearing in the same manner as any other member of the general public before an agency in the course of its prescribed governmental function solely to represent himself or herself on a matter which is related to his or her personal interests. Communicating with the general public or the press. Negotiating his or her compensation or the terms and conditions of his or her employment or contract. (4) Preparing drawings or submissions of an architectural, engineering or similar nature to be used by a client in connection with a proceeding before any agency. Appearing before a design or architectural review committee or similar body of which he or she is a member to present drawings or submissions of an architectural, engineering or similar nature which the official has prepared for a client. (5) Disclosure Categories Under the Conflict of Interest Code The types of financial interests which must be reported under the Conflict of Interest Code are known as "Disclosure Categories". The following are seven potential Disclosure Categories: CATEGORY 1: CATEGORY 2: CATEGORY 3: CATEGORY 4: CATEGORY 5: Investments and sources of income. Interests in real property. Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. 3 Conflict of Interest Code Proposed Amendment CATEGORY 6: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. Section 18730 of the CCR, which is incorporated in the City's Conflict of Interest Code, describes the information that is required to be reported on the SEI under the Disclosure Categories as follows: 1. Investment and Real Property Disclosure. When an investment or an interest in real property is required to be reported, the statement shall contain the following: a) A statement of the nature of the investment or interest. b) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged. c) The address or other precise location of the property. d) A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). 2. Personal Income Disclosure. When personal income is required to be reported, the statement shall contain: a) The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. b) A statement of whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000). c) A description of the consideration, if any, for which the income was received. 4 Conflict of Interest Code Proposed Amendment d) In the case of a gift, the name, address, and business activity of the donor and any intermediary through which the gift was made, a description of the gift, the amount or value of the gift, and the date on which the gift was receive. e) In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. 3. Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: a) The name, address, and a general description of the business activity of the business entity. b) The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). 4. Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the entity. Requirement to Review/Amend Conflict of Interest Code Section 87306.5 of the Act requires that no later than October 1 of each even -numbered year, the code reviewing body (the City Council is the "code reviewing body" for all agencies in the City, including the CDC) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances. The City Council last amended the City's Conflict of Interest Code on June 22, 2010, pursuant to Resolution No. 2010-138. At the present time, it is my recommendation that the Code be amended to reflect changes in various designated positions in City Staff as follows: Added Positions • Chairman and Members of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency • Director of Administrative Services • Successor Agency Attorney • Executive Director of the Successor Agency 5 Conflict of Interest Code Proposed Amendment The revisions proposed above are necessitated due to changes in job titles, the formation of the Successor Agency, and changes in job duties. The proposed revisions would also add positions to the list of those who must file a SEI. It is recommended that these positions be added because they meet the criteria for the required filing of a SEI set forth in the California Government Code and in the California Code of Regulations. CLAUDIA GACITUA SILVA City Attorney 6 Conflict of Interest Code Proposed Amendment RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2010-138 WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has determined that the attached Appendix accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 California Code of Regulations Section 18730, attached hereto as Exhibit "A," and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. BE IT FURTHER RESOLVED that Resolution No. 2010-138 is hereby rescinded. PASSED and ADOPTED this 18th day of September, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney APPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY — HOUSING AUTHORITY, AND THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY PURPOSE. This Code is adopted pursuant to the provisions of Government Code Section 87300, et seq., to provide for the disclosure or prevention of all foreseeable potential conflicts of interest; to provide effected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other State and local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. II. GENERAL PROVISIONS. A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income that do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement and Assuming Office Statement) or calendar year (Annual Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. III. DISCLOSURE. The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments. The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." The Disclosure Categories are: CATEGORY 1: Investments and sources of income. CATEGORY 2: Interests in real property. CATEGORY 3: Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. CATEGORY 4: Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property. CATEGORY 5: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. CATEGORY 6: Investments in business entitles and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. The persons designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests with their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments are: DESIGNATED POSITION 1. Mayor, Councilmembers 2. Chairman and Members of the Community Development Commission 3. Chairman and Members of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency 4. City Manager 5. City Attorney/ Community Development Commission Attorney/Successor Agency Attorney 6. City Treasurer 7. Director of Administrative Services 8. Director of Finance 9. Financial Services Officer 10. Planning Commission 11. Advisory and Appeals Board DISCLOSURE CATEGORIES */ */ */ */ */ DISCLOSURE DESIGNATED POSITION CATEGORIES 12. Assistant City Attorney/Senior Assistant City Attorney 1, 2, 3, 4, 5, 6, 7 13. Assistant Chief of Police 1, 2, 3, 4, 5, 6, 7 14. Assistant City Manager 1, 2, 3, 4, 5, 6, 7 15. Assistant Engineer- Civil 1, 2, 3, 4, 5, 6, 7 16. Assistant Director of Public Works/Engineering 1, 2, 3, 4, 5, 6, 7 17. Associate Engineer- Civil 1, 2, 3, 4, 5, 6, 7 18. Building Inspector 1, 2, 3, 4, 5, 6, 7 19. Building Official 1, 2, 3, 4, 5, 6, 7 20. City Clerk (includes Records Management Officer) 1, 2, 3, 4, 5, 6, 7 21. City Engineer 1, 2, 3, 4, 5, 6, 7 22. City Librarian 1, 2, 3, 4, 5, 6, 7 23. Civil Service Commission 1, 2, 3, 4, 5, 6, 7 24. Community and Police Relations Commission 1, 2, 3, 4, 5, 6, 7 25. Community Development Program Manager 1, 2, 3, 4, 5, 6, 7 26. Community Development Specialist III 1, 2, 3, 4, 5, 6, 7 27. Community Services Director 1, 2, 3, 4, 5, 6, 7 28. Deputy City Attorney 1, 2, 3, 4, 5, 6, 7 29. Deputy Director of Finance 1, 2, 3, 4, 5, 6, 7 30. Deputy Director of Human Resources 1, 2, 3, 4, 5, 6, 7 31. Director of Building and Safety 1, 2, 3, 4, 5, 6, 7 32. Director of Community Development 1, 2, 3, 4, 5, 6, 7 33. Director of Emergency Services 1, 2, 3, 4, 5, 6, 7 34. Director of Human Resources 1, 2, 3, 4, 5, 6, 7 35. Director of Planning 1, 2, 3, 4, 5, 6, 7 36. Director of Public Works 1, 2, 3, 4, 5, 6, 7 37. Equipment Maintenance Supervisor 1, 2, 3, 4, 5, 6, 7 38. Executive Assistance III 1, 2, 4, 5, 7 (When assigned to Mayor's, City Manager's, or City Attorney's Office) 39. Executive Assistance IV 1, 2, 4, 5, 7 (When assigned to Mayor's, City Manager's, or City Attorney's Office) 40. Executive Director: Community Development Commission - Housing 1, 2, 3, 4, 5, 6, 7 Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency 41. Facilities Maintenance Supervisor 1, 2, 3, 4, 5, 6, 7 42. Fire Battalion Chief 1, 2, 3, 4, 5, 6, 7 43. Fire Chief 1, 2, 3, 4, 5, 6, 7 44. Housing and Community Development Committee 1, 2, 3, 4, 5, 6, 7 45. Housing Program Manager 1, 2, 3, 4, 5, 6, 7 46. Library Board of Trustees 1, 2, 3, 4, 5, 6, 7 DESIGNATED POSITION 47. Management Analyst 48. Management Analyst II 49. Management Analyst III 50. MIS Manager 51. Neighborhood Council Coordinator 52. Neighborhood Services Manager 53. Nutrition Program Manager 54. Park Superintendent 55. Park Supervisor 56. Police Captain 57. Police Chief 58. Police Lieutenant 59. Police Support Services Manager 60. Principal Civil Engineer 61. Principal Librarian 62. Principal Planner 63. Project Officer 64. Public Arts Committee 65. Purchasing Agent 66. Recreation Superintendent 67. Risk Manager 68. Senior Accountant 69. Senior Building Inspector 70. Senior Code Conformance Officer 71. Street and Wastewater Superintendent 72. Street Maintenance Supervisor 73. Traffic Engineer 74. Wastewater Supervisor 75. Consultants: If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director or Purchasing Agent. DISCLOSURE CATEGORIES 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 *1 These positions file disclosure statements as required by Government Code Sections 87200-87210. They are listed here for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 18, 2012 AGENDA ITEM NO. ',6 ITEM TITLE: Resolution of the City Council of the City of National City in Support of Proposition 35, also known as the Californians Against Sexual Exploitation Act PREPARED BY: Leslie Deese — ext. 4242 Claudia Gacitua Silva — ext. 4222 EXPLANATION: Please see attached staff report. DEPARTMENT: APPROVED B APPROVED BY: City Manager City Attorney l4 l� FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff report September 4 agenda item Proposed resolution Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate NATIU L r,a x . fry 't887{^ Office of the City Attorney City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight MEMORANDUM TO: Mayor and City Council DATE: September 12, 2012 FROM: City Attorney SUBJECT: Resolution in Support of Proposition 35, also known as The Californians Against Sexual Exploitation Act Proposition 35 is a ballot initiative on the November 2012 California General Election to fight human trafficking and the sexual exploitation of women and children. It increases penalties against human traffickers and online predators, requires convicted sex traffickers to register as sex offenders, requires all registered sex offenders to provide the authorities with information about their internet accounts, and uses the fines against convicted traffickers to pay for victim services. Thirty percent of the fines collected and deposited shall be granted to law enforcement and prosecution agencies in the jurisdiction in which the charges were filed to fund human trafficking prevention, witness protection, and rescue operations. At the September 4, 2010 City Council meeting, the Council asked staff to return with a resolution in support of Proposition 35, The Californians Agains Sexual Exploitation Act. By the adoption of this resolution, the City Council will be support I. Proposition 35. I 110, %A Sri DIEt•CITILVA City Atto r - 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 (Page 170 of 174) ITE?4 #25 9-4-12 Proposition 35 Human Trafficking. Penalties. Sex Offender Registration. Initiative Statute. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact ■ Fiscal Impact: Costs of a few million dollars annually to state and local governments for addressing human trafficking offenses. Potential Increased annual fine revenue of a similar amount, dedicated primarily for human trafficking victims. Yes/No Statement A YES vote on this measure means; Longer committing human trafficking crimes. A NO vote on this measure means: Existing would stay in effect. prison sentences and larger fines for criminal penalties for human trafficking Background Federal Law. Federal law contains various provisions prohibiting human trafficking. The Federal Trafficking Victims Protection Act generally defines two types of human trafficking: ■ SexTrafflcking—in which persons are recruited, transported, or obtained for a commercial sex act that is induced by force or fraud or In which the victim performing the act is under age 18. An example of sex trafficking is forcing a person into prostitution. ■ Labor Trafficking —in which persons are recruited, transported, or obtained through the use of force or fraud to provide labor or other services. An example of this Is forcing a foreign national to work for free by threatening deportation. These laws are enforced by federal law enforcement agencies that may act independently or with state and local law enforcement agencies. State Law. Existing state law contains similar criminal prohibitions against human trafficking. Specifically, state law defines human trafficking as violating the liberty of a person with the Intent to either (1) commit certain felony crimes (such as prostitution) or (2) obtain forced labor or services. Human trafficking is punishable under state law by a prison sentence of up to five years or, if the victim is under the age of 18, by a state prison sentence of up to eight years. Offenders convicted of human trafficking crimes that result In great bodily injury to the victim can be punished with additional terms of up to six years. In recent years, there have been only a few people annually sent to state prison for human trafficking crimes. As of March 2012, there were 18 such offenders in state prison. (Page 171 of 179) Under existing state law, most offenders who have been convicted of a sex crime (including some crimes Involving human trafficking) are required to register as sex offenders with their local police or sheriff's departments. Proposal This measure makes several changes to state law related to human trafficking. Specifically, it (1) expands the definition of human trafficking, (2) increases the punishment for human trafficking offenses, (3) imposes new fines to fund services for human trafficking victims, (4) changes how evidence can be used against human trafficking victims, and (5) requires additional law enforcement training on handling human trafficking cases. The measure also places additional requirements on sex offender registrants. Expanded Definition of Human Trafficking. This measure amends the definition of human trafficking under state law. Specifically, the measure defines more crimes related to the creation and distribution of obscene materials depicting minors as a form of human trafficking. For example, duplicating or selling these obscene materials could be considered human trafficking even if the offender had no contact with the minor depicted. In addition, with regard to sex trafficking cases involving minors, prosecutors would not have to show that force or coercion occurred. (This would make state law similar to federal law.) More Severe Criminal Penalties for Human Trafficking. This measure Increases the current criminal penalties for human trafficking under state law. For example, the measure increases the prison sentence for labor trafficking crimes to a maximum of 12 years per offense, and for sex trafficking of adults to up to 20 years per offense. Sex trafficking of minors that involved force or fraud would be punishable by up to a life term in prison. Figure 1 lists each of the measure's increases In the maximum prison sentences, sentence enhancements, and criminal fines. (Page 172 of 174) Figure 1 Measure Increases Maximum Criminal Penalties For Human Trafficking Prison Sentence° Labor trafficking Sex trafficking of an adult, forced Sex trafficking of a minor without force Sex trafficking of a minor, forced Sentence Enhancement$ Great bodily injury Prior human trafficking offense Fines 5 years 5 years Noneb 8 years 6 years None Up to $100,000 for sex trafficking a minor 12 years 20 years 12 years Life term 10 years 5 years per prior conviction Up to $1.5 million for all human trafficking offenses a Actual penalty includes a range of years. b Activities considered under the measure as sex trafficking of minors without force ere illegal under current law but not defined as human trafficking. The penalties for these crimes vary. In addition, the measure specifies that offenders convicted of human trafficking with previous convictions for human trafficking receive additional five-year prison terms for each of those prior convictions. Under the measure, offenders convicted of human trafficking that resulted In great bodily Injury to the victim could be punished with additional terms of up to ten years. The measure also permits criminal courts to Impose fines of up to $1.5 million for human trafficking offenses. Programs for Human Trafficking Victims. The measure requires that the funds collected from the above fines support services for victims of human trafficking. Specifically, 70 percent of funds would be allocated to public agencies and nonprofit organizations that provide direct services to such victims. The measure requires that the remaining 30 percent be provided to law enforcement and prosecution agencies in the jurisdiction where the charges were filed and used for human trafficking prevention, witness protection, and rescue operations. (Page 173 of 174) Changes Affecting Court Proceedings. The measure also affects the trial of criminal cases involving charges of human trafficking. Specifically, the measure prohibits the use of evidence that a person was involved in criminal sexual conduct (such as prostitution) to prosecute that person for that crime if the conduct was a result of being a victim of human trafficking. The measure also makes evidence of sexual conduct by a victim of human trafficking Inadmissible for the purposes of attacking the victim's credibility or character in court. In addition, this measure disallows certain defenses In human trafficking cases Involving minors. For example, a defendant could not claim as a defense being unaware of the minor's age. Law Enforcement Training. This measure requires all peace officers employed by police and sheriff's departments and the California Highway Patrol (CHP) who perform field or Investigative work to undergo at least two hours of training on how to handle human trafficking complaints. This training would have to be completed by July 1, 2014 or within six months of the officer being assigned to the field or Investigative work. Expanded Requirements for Sex Offender Registration. This measure requires registered sex offenders to provide the names of their Internet providers and Identifiers to local police or sheriff's departments. Such Identifiers include a -mall addresses, user names, screen names, or other personal Identifiers for Internet communication and activity. If a registrant changes his or her Internet service account or changes or adds an internet Identifier, the individual must notify law enforcement within 24 hours of such changes. Fiscal Effects Currently, human trafficking cases are often prosecuted under federal law, rather than California state law, even when California law enforcement agencies are involved in the Investigation of the case. This is partly because these types of crimes often involve multiple jurisdictions and also because of the federal government's historical lead role In such cases. It is unknown whether the expanded definition of human trafficking and other changes proposed In this measure would significantly Increase the number of state human trafficking arrests and convictions or whether most such cases would continue to be handled primarily by federal law enforcement authorities. As a result, the fiscal effects of this measure on state and local governments discussed below are subject to some uncertainty. Minor Increase in State and Local Criminal Justice Costs From Increased Penalties. The measure would result in some additional state and local criminal justice costs by increasing the criminal penalties for human trafficking. In particular, the increased prison sentences in the measure would increase the length of time offenders spend In state prison. In addition, it Is possible that the measure's provisions increasing funding and training requirements for local law enforcement could result In additional human trafficking arrests, prosecutions, and convictions. This could also increase state and local criminal justice costs. In total, these new costs are not likely to exceed a couple million dollars annually. (Page 174 of 174) Potential Increase In Local Law Enforcement Training Costs. As noted earlier, this measure requires that most state and local law enforcement officers receive specific training on human trafficking. Since CHP officers already receive such training, there would be no additional state costs. The fiscal impact of this requirement on local agencies would depend on the extent to which local officers are currently receiving such training and on how local law enforcement agencies chose to satisfy the measure's training requirements. Counties and cities could collectively incur costs of up to a few million dollars on a one-time basis to train existing staff and provide back-up staff to officers who are in training, with lesser costs Incurred each subsequent year to train newly hired officers. Increased Fine Revenue for Victim Services. The new criminal fines established by this measure would result In some additional revenue, likely not to exceed a few million dollars annually. Actual revenues would depend on the number of individuals convicted of human trafficking, the level of fines imposed by the courts, and the amount of actual payments made by the convicted offenders. These revenues would be dedicated primarily to services for victims of human trafficking, but also would be used for human trafficking prevention, witness protection, and rescue operations. S RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF PROPOSITION 35, ALSO KNOWN AS THE CALIFORNIANS AGAINST SEXUAL EXPLOITATION ACT WHEREAS, vulnerable women and children in California are held against their will and forced into prostitution for the financial gain of human traffickers; and WHEREAS, California harbors three of FBI's 13 highest child sex trafficking areas in the nation: Los Angeles, San Francisco and San Diego; and WHEREAS, the Bilateral Safety Corridor Coalition ("BSCC"), located in National City, is a non-profit agency providing comprehensive services to victims of human trafficking; and WHEREAS, many victims are runaway girls who have already suffered sexual abuse as children; and WHEREAS, the average age that a victim is first trafficked for sex in the U.S. is just 12-14 years old; and WHEREAS, the prevalence and anonymity of the internet has fueled the rapid growth of sex trafficking, making the trade of women and children easier than ever before; and WHEREAS, Proposition 35 is a ballot initiative on the November 2012 California General Election to fight human trafficking and the sexual exploitation of women and children. It increases penalties against human traffickers and online predators, requires convicted sex traffickers to register as sex offenders, requires all registered sex offenders to provide the authorities with information about their internet accounts, and uses the fines against convicted traffickers to pay for victim services; and WHEREAS, thirty percent of the fines collected and deposited shall be granted to law enforcement and prosecution agencies in the jurisdiction in which the charges were filed to fund human trafficking prevention, witness protection, and rescue operations. BE IT RESOLVED, that the City Council of the City of National City supports Proposition 35. PASSED and ADOPTED this 18th day of September, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 18th, 2012 AGENDA ITEM NO. 7 ITEM TITLE: 'Warrant Register #7 for the period of 08/08/12 through 08/14/12 in the amount of $1,653,330.17. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Fina PHONE: 019-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/08/12 through 08/14/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation CSAC Excess Insurance 303418 78,848.00 Workers Comp Insurance Public Emp Ret System 303456 296,215.43 Retirement Ins 7/24-8/06/12 SANDPIPA 303460 457,024.50 Excess Liability Insurance SANDPIPA 303461 102,523.00 WC Claims Cost SANDPIPA 303462 84,674.00 Property Insurance The Focus Holding Co 303476 317,037.00 Refund Subdiv Impry Bond FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NMI ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,653,330.17 BOARD / COMMISSION RECOMMENDATION: NI/ ATTACHMENTS: 'Warrant Register #7 PAYEE JUDD ELECTRIC SANDAG COUNTY OF SAN DIEGO E2 MANAGE TECH INC EQUIFAX INFORMATION SVCS RBF CONSULTING STAPLES ADVANTAGE BRODART CO CALIFA GROUP MIDWEST TAPE SCHOLASTIC LIBRARY PUBLISHING SPRINT U S POSTMASTER XEROX CORPORATION AETNA RESOURCES FOR LIVING AFLAC 1IRGAS WEST " L FRESH PRODUCTS 30 GASPRO PLUS ARJIS ASSI SECURITY INC BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BRENNTAG PACIFIC INC CABRALES CAL EXPRESS CALIFORNIA ELECTRIC SUPPLY CEB CEB CHRISTENSEN & SPATH LLP CINTAS DOCUMENT MANAGEMENT CLAIMS MANAGEMENT ASSOCIATES CSAC EXCESS INS AUTHORITY CSAC EXCESS INS AUTHORITY DALEY & HEFT LLP DREW FORD EXPERIAN FIRE INSTRUCTOR TESTING FUN FLICKS GROSSMAN PSYCHOLOGICAL GROSSMONT CUYAMACA COLLEGE HAJOCA CORPORATION NSON AGGREGATES PACIFIC COREN & CONE HINDERLITER DE LLAMAS & ASSOC HINDERLITER DE LLAMAS & ASSOC HUNTER'S NURSERY INC IRON MOUNTAIN JERAULDS CAR CARE CENTER WARRANT REGISTER # 7 8/14/2012 DESCRIPTION ELECTRICAL REPAIRS FY13 MEMBER AGENCY ASSESSMENTS DOCUMENTATION REVIEW / REDEV ENVIRONMENTAL ENGINEERING SVCS S8 FEES FOR EQUIFAX SVCS PROVIDE CIVIL ENGINEERING SERVICES MOP 45704. OFFICE SUPPLIES / SEC 8 SUPPLIES - AS NEEDED FOR FY 2012. CALIFA MEMBERSHIP FOR FY 2013. DVD'S, AS NEEDED FOR FY 2013. SCHOLASTIC ON-LINE RENEWAL FOR FY 2013. VIDEO CONFERENCING, LONG DISTANCE, AS 303397 POSTAGE FOR OVERDUE NOTICES, AS NEEDED 303398 XEROX BASE CHARGES AND OVERAGES FOR FY 303399 303400 303401 303402 303403 303404 303405 303406 303407 303408 303409 303410 303411 303412 303413 303414 303415 303416 303417 303418 303419 303420 303421 303422 303423 303424 303425 303426 303427 303428 303429 303430 303431 303432 303433 303434 EMP ASST PROGRAM - AUG 2012 ACCOUNT BDM36 - AUGUST 2012 MOP 45714 WEARING APPAREL FOOD / NUTRITION CENTER FUEL ARJIS UTILIZATION & CONNECTIVITY FY13 SECURITY REPAIRS MOP 67727 NAME TAGS - PD MOP 64096 WEARING APPAREL BULK CHLORINE REIMB-PROPERTY ROOM MANAGEMENT ATTORNEY SVCS FOR JULY 2012 MOP 45698 ELECTRICAL MATERIAL CA MUNICIPAL LAW HANDBOOK 2012 UPDATE CA EASEMENTS & BOUNDARIES 2012 UPDATE LIABILITY CLAIM COSTS MONTHLY SHREDDING / POLICE MONTHLY SVCS FOR LIABILITY CLAIMS EXCESS WC INSURANCE EXCESS WC INSURANCE LIABILITY CLAIM COSTS MOP 49078 AUTO PARTS CREDIT CHECKS / POLICE DEPARTMENT UPGRADE ESSENTIALS SOFTWARE/ FIRE OUTDOOR MOVIE / AUGUST 10, 2012 OFFICER ASSISTANCE/ JUL-SEP 2012 DIZINNO-FIELD EVIDENCE TECH COURSE PLUMBING MATERIALS, 3/8" MINUS D.G. CONTRACT SVCS PROP TAX JUL-SEP 2012 AUDIT SVCS - SALES TAX 3RD QTR AUDIT SVC TRANSACTIONS TAX-QTR 1 2012 MOP 45719 HORTICULTURE ITEMS • RECORDS MANAGEMENT / CITY CLERK MOP 72449 R&M AUTO EQUIPMENT 1/3 CHK NO DATE AMOUNT 303386 8/9/12 1,160.00 303387 8/9/12 12,966.00 303388 8/14/12 4,515.60 303389 8/14/12 5,937.50 303390 8/14/12 50.33 303391 8/14/12 6,139.33 303392 8/14/12 183.51 303393 8/14/12 161.12 303394 8/14/12 400.00 303395 8/14/12 763.25 303396 8/14/12 2,675.00 8/14/12 11.19 8/14/12 544.72 8/14/12 890.07 8/14/12 723.16 8/14/12 990.38 8/14/12 43.64 8/14/12 1,084.76 8/14/12 36,570.89 8/14/12 47,615.00 8/14/12 3,120.00 8/14/12 10.88 8/14/12 125.00 8/14/12 1,807.33 8/14/12 389.18 8/14/12 268.00 8/14/12 985.42 8/14/12 328.42 8/14/12 174.07 8/14/12 118.75 8/14/12 72.95 8/14/12 4,965.00 8/14/12 78,848.00 8/14/12 1,000.00 8/14/12 279.00 8/14/12 418.82 8/14/12 55.60 8/14/12 80.17 8/14/12 478.00 8/14/12 1,737.50 8/14/12 127.00 8/14/12 1,474.64 8/14/12 295.24 8/14/12 2,400.00 8/14/12 4,097.01 8/14/12 108.39 8/14/12 188.57 8/14/12 142.00 8/14/12 99.98 PAYEE JOHN DEERE LANDSCAPES L N CURTIS & SONS LANGUAGE LINE SERVICES LASER SAVER INC MACIAS MAINTEX INC MAN K-9 INC. MARIN CONSULTING ASSOCIATES MATTHEW BENDER & CO INC MAYER HOFFMAN MCCANN P C MOTOROLA MUNICIPAL CODE CORPORATION NACOLE NATIONAL CITY TROPHY PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM PUBLIC SAFETY CONSULTANTS RON BAKER CHEVROLET RPM WELDING INC SANDPIPA SANDPIPA SANDPIPA SASI SD COUNTY SCHOOLS SDG&E SEAPORT MEAT COMPANY SMART & FINAL SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SWANK MOTION PICTURES INC SWEETWATER AUTHORITY SWIM TIME THE FOCUS HOLDING COMPANY LLC U S BANK UNDERGROUND SERVICE ALERT UNION TRIBUNE VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS W W GRAINGER WARRANT REGISTER # 7 8/14/2012 DESCRIPTION MOP 69277 PLANTING MATERIAL FIREFIGHTER UNIFORMS LANGUAGE LINE INTERPRETATION SVCS MOP 45725 INK CARTRIDGES- FINANCE REIMB FOR PICTURE FRAMES JANITORIAL SUPPLIES WEEKLY MAINT TRAINING / K-9 PD REGISTRATION - D BALLARDO CA CODES 6-IN-2, AUTOMATIC UPDATE CITY AUDIT XTL 5000 MOBILE 10-35 / POLICE SUPPLEMENT #36 ANNUAL CONFERENCE - J. KNIGHT MOP 66556 R&M BLDG & STRUCTURES SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES / NUTRITION MOP 45703 R&M AUTO EQUIPMENT MOP 67839 AUTO PARTS MOP 45707. SUPPLIES FOR FIRE DEPT CONCRETE IMPROVEMENTS MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 07/24/12 - 08/06/12 REGISTRATION - COMPLACENCY & CRITICAL MOP 45751 AUTO PARTS MOP 45749 R&M BLDG & STRUCTURES EXCESS LIABILITY INSURANCE WC CLAIM COSTS PROPERTY INSURANCE PROCESSING CHGS FLEXIBLE SPENDING LIABILITY CLAIM COSTS FACILITIES GAS & ELECTRIC FOOD / NUTRITION CENTER MOP 45756 MISC. SUPPLIES - PD TRAFFIC SIGNAL & STREET LIGHTING DRINKING WATER FY2013 MOP 45704 OFFICE SUPPLIES - PD MOP 61744 MATERIALS & SUPPLIES -MIS TACK OIL, 3/8 SHEET & COLDMIX ASPHALTS FILM DVD / THE WIZARD OF OZ / CSD FACILITIES WATER BILL HAND LEAF SKIMMER 141N- DEP#1472 REVOLUTION CREDIT CARD EXP - PD UNDERGROUND SRVC ALERT CHRGS ADVERTISING/PUBLIC HEARING NOTICES MOP 46453 BUILDING MATERIAL STRAY ANIMAL VET CARE CELL PHONE BILL CEDV GRANT / POLICE MOP 65179 PLUMBING MATERIAL CHK NO DATE 303435 8/14/12 303436 8/14/12 303437 8/14/12 303438 8/14/12 303439 8/14/12 303440 8/14/12 303441 8/14/12 303442 8/14/12 303443 8/14/12 303444 8/14/12 303445 8/14/12 303446 8/14/12 303447 8/14/12 303448 8/14/12 303449 8/14/12 303450 8/14/12 303451 8/14/12 303452 8/14/12 303453 8/14/12 303454 8/14/12 303455 8/14/12 303456 8/14/12 303457 8/14/12 303458 8/14/12 303459 8/14/12 303460 8/14/12 303461 8/14/12 303462 8/14/12 303463 8/14/12 303464 8/14/12 303465 8/14/12 303466 8/14/12 303467 8/14/12 303468 8/14/12 303469 8/14/12 303470 8/14/12 303471 8/14/12 303472 8/14/12 303473 8/14/12 303474 8/14/12 303475 8/14/12 303476 8/14/12 303477 8/14/12 303478 8/14/12 303479 8/14/12 303480 8/14/12 303481 8/14/12 303482 8/14/12 303483 8/14/12 2/3 AMOUNT 485.48 9,228.91 35.12 360.24 185.49 1,064.86 800.00 275.00 32.63 9,350.00 12,963.76 574.21 400.00 48.94 554.75 214.03 494.05 111 1,24' 476.08 296,215.43 330.00 506.62 498.10 457,024.50 102,523:00 84,674.00 192.00 13,000.00 29,935.44 415.23 197.21 22,024.28 27.05 804.27 59.38 741.00 321.00 855.80 376.24 317, 037.00 1,749 14 525.60 234.77 89.00 60.96 1,150.06 3/3 WARRANT REGISTER # 7 8/14/2012 PAYEE DESCRIPTION CHK NO DATE AMOUNT WELLS FARGO TRUST OPERATIONS QTR ADMIN FEES-APR/MAY/JUN 2012 303484 8/14/12 48.75 WESTFLEX INDUSTRIAL MOP 63850 AUTO PARTS 303485 8/14/12 19.96 WILLY'S ELECTRONIC SUPPLY MOP 45763 SMALL TOOLS 303486 8/14/12 746.31 A/P Total 1,602,181.23 WIRED PAYMENTS TRISTAR RISK MANAGEMENT JULY 2012 WC REPLENISHMENT 253947 8/9/12 51,148.94 GRAND TOTAL $ 1,6�53.,330.17 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA NO ' IN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 18th OF SEPTEMBER, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IEETING DATE: September 18th, 2012 AGENDA ITEM NO. !8 ITEM TITLE: Warrant Register #8 for the period of 08/15/12 through 08/21/12 in the amount of $1,465,044.75. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: I619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/15/12 through 08/21/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Palm Engineering 303545 Project Professionals 303547 Amount 96, 974.90 52,331.25 Explanation Progress payment #2 SR2S 8th Street PM / Inspections 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 $1,465,044.75 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #8 PAYEE JOSE GONZALES ROBERT ROMAN STANLEY CONVERGENT SECURITY TERESA GUZMAN YOLANDA LIZAOLA OPPER & VARCO ABCANA INDUSTRIES ACE UNIFORMS & ACCESSORIES INC ACTION TROPHIES & ENGRAVING ATKINS NORTH AMERICA INC BEST BEST & KRIEGER LLP BEST BUY BRENNTAG PACIFIC INC BUREAU VERITAS N AMERICA INC BUREAU VERITAS N AMERICA INC rARDOZA RCADE FIRE EQUIPMENT CO NATIONAL BANK CITY OF SAN DIEGO CITY OF SAN DIEGO CLEAN HARBORS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DALEY & HEFT LLP DAY WIRELESS SYSTEMS (20) DELTA CARE USA DELTA DENTAL DEPARTMENT OF TRANSPORTATION DION INTERNATIONAL TRUCK INC DUNBAR ARMORED INC EDCO DISPOSAL ESGIL CORPORATION ESGIL CORPORATION FIRE ETC G & A AUTO AIR CONDITIONING GROSSMAN PSYCHOLOGICAL HERNANDEZ HONEYWELL INTERNATIONAL INC ON OFFICE SOLUTIONS IOS 7R'L CODE COUNCIL INC S D A ENTERPRISES KAISER FOUNDATION HEALTH PLANS L N CURTIS & SONS LAW SEMINARS INTERNATIONAL LEXIS NEXIS LOPEZ WARRANT REGISTER #8 8/21/2012 DESCRIPTION LIABILITY CLAIM COST / SEWER BACKUP LIABILITY CLAIM COST / SEWER BACKUP FIRE ALARM/ART CENTER MONITORING LIABILITY CLAIM COST / SEWER BACKUP LIABILITY CLAIM COST / SEWER BACKUP LEGAL SVCS / TOD HYDROCHLORIC ACID, DRY CHLORINE UNIFORMS ID PLATE, RED ANODIZED ALUMINUM DOG TAGS PROVIDE SEWER BILL/TAX ROLL PERSONNEL ISSUES THRU 07/31/12 1- INSIGNIA CD KARAOKE SYSTEM BULK CHLORINE SR2S PM/INSPECTIONS BLUELINE - T&A #1691 SUBSISTENCE -DRUG RECOGNITION EXPERT HOE SHOVEL, SNAPPER PIN, ZINC LEASE ENERGY RETROFIT PROJECT #10-005 WASTEWATER TRANSPORTATION/TREATMENT 3C'S ANNUAL LINE FEES FOR FISCAL YEAR HAZARDOUS WASTE PICKUP PC REVENUE - JUNE 2012 PARKING CITATION REVENUE / JUL 2012 GEN HAZ MAT PERMIT RENEWAL GEN HAZ MAT PERMIT RENEWAL LIABILITY CLAIM COSTS EQUIPMENT SERVICE / JUL 2012 / FIRE PM! COBRA / JUL 2012 / ACC# 373604 COBRA DENTAL INS/JUL 12/09086-01002 HIGHWAY LIGHTING LABOR ARMORED SVCS - FINANCE WASTE DISPOSAL SERVICES/JUL 2012 PLAN CHECK SERVICES / FIRE CONSULTANT SERVICES / BUILDING TRUE NORTH RADIO HARNESS, CORDURA LABOR, DIAGNOSE & REPAIR HEATER 10 HRS PRE -EMPLOYMENT EXAMS / POLICE REIMB-SKIDDS/CANINE TACTICAL LABOR, 4 HRS COPIER EQUIP LEASE PYMNT 5/21-7/31/12 TRAINING - L SAINZ BLDG OFFICIAL ALARM MONITORING COBRA RET INS/JUL 21/GP 104220-7002 SVC NCLP - LABOR/PRODUCT REGISTRATION FOR LITIGATING PROPERTY ONLINE LEGAL RESEARCH FY12 TRANSLATION SERVICES FOR FY13 1/2 CHK NO DATE AMOUNT 303487 8/16/12 250.00 303488 8/16/12 250.00 303489 8/16/12 257,28 303490 8/16/12 250.00 303491 8/16/12 250.00 303492 8/21/12 2,196.04 303493 8/21/12 1,210.64 303494 8/21/12 1,144.18 303495 8/21/12 21.55 303496 8/21/12 5,883.00 303497 8/21/12 135.00 303498 8/21/12 984.09 303499 8/21/12 849.13 303500 8/21/12 14,982.50 303501 8/21/12 812.50 303502 8/21/12 1,152.00 303503 8/21/12 123.10 303504 8/21/12 43,101.10 303505 8/21/12 635.52 303506 8/21/12 1,500.00 303507 8/21/12 1,110.00 303508 8/21/12 16,435.25 303509 8/21/12 13,825.75 303510 8/21/12 1,585.00 303511 8/21/12 711.00 303512 8/21/12 1,116.00 303513 8/21/12 1,000.74 303514 8/21/12 109.48 303515 8/21/12 124.49 303516 8/21/12 16,860.67 303517 8/21/12 7,740.53 303518 8/21/12 147.69 303519 8/21/12 104.75 303520 8/21/12 626.15 303521 8/21/12 20,846.24 303522 8/21/12 453.98 303523 8/21/12 2,943.05 303524 8/21/12 250.00 303525 8/21/12 282.11 303526 8/21/12 603.94 303527 8/21/12 8,420.16 303528 8/21/12 90.00 303529 8/21/12 900.00 303530 8/21/12 1,839.44 303531 8/21/12 348.76 303532 8/21/12 465.00 303533 8/21/12 854.76 303534 8/21/12 140.00 PAYEE REYMUNDO MCMAINS METRO FIRE & SAFETY NATIONAL CITY CAR WASH NATIONAL CITY MOTORCYCLES NATW ORKIN PEST CONTROL OSI BATTERIES INC PACIFIC HARBOR VIEW TWO LLP PACIFIC PRODUCTS & SERVICES PALM ENGINEERING PAPA PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY QUALITY MECHANICAL PROFESSIONAL RICOH USA, INC. SAFEWAY SIGN CO SAN DIEGO PET & LAB SUPPLY SD AIR POLLUTION CONTROL SDG&E SKYLER MAUCK SMART & FINAL SOUTH BAY REGIONAL PUBLIC SOUTHERN CALIFORNIA SOIL & STANICH STAPLES ADVANTAGE TRAUMA INTERVENTION PROG U S HEALTHWORKS UNITED ROTARY BRUSH VISTA PAINT WAXIE SANITARY SUPPLY ZOLL MEDICAL CORP SECTION 8 HAPS PAYMENTS PAYROLL, Pay period Start Date 17 7/24/2012 WARRANT REGISTER #8 8/21/2012 DESCRIPTION REFUND BUSINESS LICENSE APPLICATION REFUND OF C&D FEES -PERMIT #2012-2442 ANNUAL FIRE EXTINGUISHER SYSTEM CAR WASHES LABOR MEMBERSHIP & SUBSCRIPTIONS PEST MAINTENANCE BENDIX-KING LPH/LPX REPLACEMENT BATTERY REFUND - DEPOSIT #1013 2" SO 12GA X 10' PERFORATED TUBING PROGRESS PAYMENT #2 SR2S CHK NO 303535 303536 303537 303538 303539 303540 303541 303542 303543 303544 303545 SEMINAR REGISTRATION / PW PESTICIDE LICENSE 303546 BTH STREET PM/INSPECTIONS MOP 45742. LAUNDRY SVCS / NSD PROGRESS PAYMENT 3 COPIER EQUIP LEASE PYMNT 5/21-7/31/12 R3-4* (FED) 30X30 R/BLK/WHT HIP/1160A MOP 45753. DOG FOOD / POLICE RENEWAL FEES - SEPT 2012 - SEPT 2013 STREET GAS & ELECTRIC VECTOR ART FOR BADGE, COMMEMORATIVE MOP 45756 / SUPPLIES / MYRS OFFICE REGISTRATION - REPORT WRITING COURSE 8TH ST 20A MATERIALS TESTING SUBSISTENCE - REPORT WRITING COURSE MOP 45704. OFFICE SUPPLIES / MYR CDBG AGREEMENT/TRAUMA INTERVENTION MEDICAL SVCS -PRE-EMP PHYSICALS SWEEPER REPAIRS FY 2013 MOP 68834. PAINT / NSD JANITORIAL SUPPLIES AUTOPULSE SUREPOWER CHARGER Start Date 8/15/2012 End Date 8/6/2012 End Date 8/21/2012 Check Date 8/15/2012 303547 303548 303549 303550 303551 303552 303553 303554 303555 303556 303557 303558 303559 303560 303561 303562 303563 303564 303565 303566 2/2 DATE AMOUNT 8/21/12 50.00 8/21/12 14.12 8/21/12 226.99 8/21/12 500.00 8/21/12 450.90 8/21/12 35.00 8/21/12 373.33 8/21/12 494.63 8/21/12 6,081.20 8/21/12 5,704.06 8/21/12 96,974.90 8/21/12 320.00 8/21/12 52,331.25 8/21/12 43.44 8/21/12 6,976.84 8/21/12 10, 525.19 8/21/12 5C-'" 8/21/12 2E 8/21/12 35, 8/21/12 27,895.60 8/21/12 457.93 8/21/12 42.86 8/21/12 30.00 8/21/12 2,695.00 8/21/12 1,116.45 8/21/12 122.25 8/21/12 8,000.00 8/21/12 615.00 8/21/12 351.56 8/21/12 25.00 8/21/12 2,736.82 8/21/12 3,904.13 A/P Total 406,148.26 22,765.50 1,036,1: GRAND TOTAL $ 1,465,044.75 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA NO IN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 18th OF SEPTEMBER, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IEETING DATE: September 18, 2012 AGENDA ITEM NO. 9 ITEM TITLE: TEMPORARY USE PERMIT — "Miracle Babies" Car Show hosted by the Sweetwater Harley Davidson at 3201 Hoover Avenue on September 22, 2012 with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh -orho. • ervices Division APPROVED BY: This is a request from the Sweetwater Harley Davidson to conduct the "Miracle Babies" event at 3201 Hoover Avenue on September 22, 2012. Set-up for the event begins at 7:30 am and the actual event runs from 9 a.m. to 4 p.m. This event is a car show fundraiser for the "Miracle Babies" non-profit organization that helps assist and support families with newborns in the neonatal intensive care unit (NICU). Applicant is requesting street closures of Hoover Avenue, from 30th Street to 33rd Street and 33rd Street, from Hoover to National City Boulevard. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City Departments, $396.58 for Public Works. Total Fees are $633.58 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Fax: Aug 2 2012 03:10pm PO03/009 Type of Event: _ Public Concert _Parade Motion Picture Fair Demonstration _ Grand Opening I , 1 ) Event Title: �l "1)1 1 4 i Festival Circus Other, lac ) Event Location: 3 2- 0 l %'EDo Jc r 0- v er _ Community vent _ Block Party Event Date(s): From bx"I'n -- to Vq'z77-)' Actual Event Hours: q+ fed ''' /pm to cI . IO am/0 Total Anticipated Attendance: 00 ( Participants Spectators) Setup/assembly/construction Date: pI- Start time: ' 7 �' 30 Please describe the scope of your setup/assembly work (specific details): 5 inotoJ. C .S f..J ere.. itp pax (4 Stn0 VeAeitct'S e.J here .*o se* Dismantle Date: Q4° £ Completion Time: 6 : 3 s am/ r�u List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopenig, •' •A 33 a Sponsoring Organization: ,5U1,t-1t r /t t- IAd.YJ- Chief Officer of Organization. (Name) AID A SA - Applicant (Name): /J r/L1 j40.14:4607, Address: Daytime Phone: (Lf17) 4-' J—, -77 Evening Phone: (&t9) 92/ - 9f)J Fax: OM 4-7 % 4-4: E-Mail: ak 3 51 2. .0 t JJJ2 • /. wt.. :.j " �,a5 ellular: 1 30-35`S Contact Person "on site"day of the event , at QC �! 6 Y 6 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Fax: Aug 2 2012 03:11pm P005/009 _YES ENO Does the event involve the sale or use of alcoholic beverages? t/YES _ NO WiU items or services be sold at the event? If yes, please describe: f0OA anot Ondrehanc).tSe L-itlt, toe. Sole. by VeociafS, _YES Jetta Does the event involve a moving route of any kind along streets, sidewalks or highways? if YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route, YYES NO Does the event involve a fixed venue site? If YE$, attach a detailed site map showing all streets impacted by the event. NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes 10 X t U NOTE: A separate Fire Department permit is required for tents or canopies. YES",_ NC Will the event involve the use of the City or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing. the overall layout and set-up locations for the following items: �7 J -Z Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.- ! t h L tiirt Food Concession and/or Food Preparation areas Please describe how food will be sere d at the event: If you intend io.cook flood in the event area please specify the method: GAS _ELECTRIC _ CHARCOAL _ OTHER (Specify): n Portable and/or Permanent Toilet Facilities Number of portable toilets: — (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) =Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures =Vehicles and/or trailers ni Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: g Trash containers with lids: Describe your plan for clean-up and removal of waste and arbage during and after the event: Cteasv u(3 Lk) ',It be horsa(ec& b acar. fr 'vn(Olop cis VSx0Ge 0GIC' #Ca.56 rj''ecee÷i'Cr.f S. Fax: Aug 2 2012 02:12pm P007/009 _ YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music_ Number of Stages: p Number of Bands: D.. .r Type of Music: 4oG 11% v+ o i l YES _ NO Will sound amplification be used? If YES, please indicate: Start time: f° pQ eyi !pm Finish Time COO IC) am/ I YES _ NO. Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 4C .`? ,,,_e/'pm Finish Time =-/ ,fps YES Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _YES 4 NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 5 2 2012 03:12pm P008/009 dier 14;17kA IT�I -may f. L • / 1 ,t._ 4 _. , V1r pt ima w}}t 5at i i n kAsii blgtier- 0 0 0 ID 1 FDD 0 13Aluo, eisr.1 iee 130 5 if -5 0 L 1 nJ 'j El fSil , I9i'11', %tIL �Ifl- I •_., ti • ,if �t I'i III • ti iS 1 rI' � tIP il[ iiCf ',tire 'c Cables rTfCtci(: 11 pO$ it�l is kis, rn s n cocci hyd v'1t;1'} 1 LjF1l, ar' Y 1r Is ht: GU: al ih�rn 1hc1cpi,ilCir?-r, hf hd Ci^1n'ii C-1l nighf C1?`Ic Slew startling s'tc is is s ivo go More than 500,000 babies are born pre -term every year in the U.S. Pre -term birth is the second leading cause of infant mortality in the United States. 3-4% of all pregnancies are complicated by congenital malformations, the most common being heart defects. The number of preterm births has increased by more than 30% since 1980. Family Assistance Miracle -Babies assists the families of NICU ---- --- patients with financial grants to help with many necessary items, including but not limited to the following: • Medical Equipment • Prescription Medicines and Formula • Baby Supplies • Sibling Childcare • Living Expenses • Transportation • Funeral/Mortuary Assistance • • Healthy Women for Healthy Children Miracle Babies provides an innovative weight education and management program for reproductive -age and pregnant women. The purpose is to create healthier mothers before and during pregnancy and potentially mitigate the negative consequences of obesity on both the mother and the child. Miracle Babies Family Network The Miracle Babies Family Network is a group of families that have spent time in a NICU. Whether your child is currently in the NICU or if he/she is now at home, you are welcome! Our group consists of families with children of all ages. Goals of the Miracle Babies Family Network include: • Establish friendships among NICU families by providing opportunities to meet and share stories. • Provide support to families currently in the NICU. • Raise awareness about -the NICU experience and challenges faced by NICU farilies. • Continue to thank hospital staff for their life-saving services. If you ate interested in joining the San Diego Chapter group, please visit our website www.miraclebabies.org for more information. PUBLIC WORKS (619)366-4580 Street Division: • Staff will barricade affected streets and remove them when the event is over. • Staff will post "no parking" signs in affected streets before the event. • The cost to provide street personnel is estimated to be: 1. "No parking" signs 40 x $0.45 $ 18.00 2. Equipment 6 x $19.09 $114.54 3. Barricades 10 x $0.35 $ 3.50 4. Regular Hours 2 x $32.57 $ 65.14 5. Overtime Hours 4 x $48.85 $195.40 6. Total $396.58 Parks Division: No involvement. Facilities Division: No involvement by custodial or trade personnel. Fees Unless waived by the City Council, the applicant shall pay $396.58 for costs associated with this permit. (Acct #109-422-221-102) FINANCE All Vendors must have a Business License. All Food vendors must have a health permit in addition to the Business License. A list of all vendors must be submitted to Finance no later that 2 weeks prior to the event. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to all businesses to be maintained at all times Access to entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through all business areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed COMMUNITY SERVICES No involvement. POLICE Extra patrol will be requested. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured's, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: September 18, 2012 AGENDA ITEM NO. 10 ITEM TITLE: TEMPORARY USE PERMIT — Diabetes Charity Car Show hosted by the Sweetwater Harley Davidson at 3201 Hoover Avenue on October 27, 2012 with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: N APPROVED BY: Services Division This is a request from the Sweetwater Harley Davidson to conduct the Diabetes Charity Car Show event at 3201 Hoover Avenue on October 27, 2012. Set-up for the event begins at 7:30 a.m. and the actual event runs from 9 a.m. to 4 p.m. This event is to raise funds as a charity for Juvenile Diabetes Research Foundation to support the cure for children, adolescents, and adults with this disease. Applicant is requesting street closures on Hoover Avenue, from 30th Street to 33rd Street and on 33rd Street, from Hoover to National City Boulevard. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City Departments, and $396.58 for Public Works Total Fees are $633.58 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ;NIA ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Fax: Aug 2 2012 11:39am PO03/009 Type of Event: P .biic Concert _ Fair Parade _ Demonstration Motion Picture _ Grand, Opening Festival Circus .4Other�� • Community vent _ Block Party Event Location: 3 0 i `''t,-.bov'e✓r t'. v e. Evert Date(s): From IG-27 to Ii-27 Actual Event Hours: cI', C?$s 0/pm to Li R CJe, am/ Total Anticipated, Attendance: Z & ( ,Participants Spectators) Setup/assembly/construction Date: (P V7 . StArt time: ' 7 3 0 please describe the scope of your setuplasseniti+y,vvork (specific details); e vNetk.ofS t Ce Ora Sc# Dismantle Date: I0Li Completion Time: 6 : 3 am! rrO List any street(s) requiring closure as a result of this event. Include street name(s), day and time of ciosland day and t° a of rel oening. l rttr~ finz�. �Tcit4 z�f Sponsoring organization: 1.thv' tr i Chief Officer of Organization. (Name) Applicant (Name): 3paerh,fia Address: 3i( 4irryty- Aye Da v me Phone: (tflq) 477-4 7 7 Evening Phone: Fax.: 477-44-77 E-Mail: 213AS']3 Contact Person "on site" day of the event:,.[?E' Afi NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS its, a$ eUu1ar: 6i '6' 3 a 3 `SR DURATION OF THE EVENT Fax; Au8 2 2012 11.40am P004/009 Is yoi r organization a 'Tax Exempt, nonprofit" organization? _ YESX,NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(e). s` x c e, ^C � t? }D � a i sF. e S per' ?d►de at' ZYES NO Estimated Gross Receipts Including ticket, product and sponsorship sales from this event. Estimated Expenses for this e+}ent. What is the,projected amount of revenue that the Nonprofit Organization vial receive as a result of this event? • Please provide a DETAILED DESCRIPTION.of your event. Include details regarding any components of your even such=as the use of vehicles, animals, rides or any other,pertinent information about .the event. 'i : + t i,ct v e c rnd. vie YE-S NO If the event involves the sale of cars, will the cars come exclusively frorn National City car dealers? If NO. ,'ist any additional dealers involved in the sale: Fax: Aug 2 2012 11:41am P005/009 YES 4 Q Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe; 4.-113A ckn o t-14 .('' c ,4 0-1c, v ,'S' e t f i be. Soli by Ve o ct6, YES ^ ,O Does the event involve a moving route of any kind along streets, sidewalks or highways? if YES, 'attach a detailed map of your proposed route indicate the direction of travel, and provide a written=narrative to explain your route. ' YES NO Doss the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. ^ NO. Does the event involve the use of tentt or canopies? If YES; Number of tent/canopies • Sizes , f c X t 0 NOTE: A separate Fire Department permit is required for tents or canopies. NO Will the event involve the use of the City or your stage or PA system? SPECIFY: in addition, to the route map required above, please attach a diagram showing the overall layout and sat -up locations for the following items: • Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. i sr; Food Concession and/or ,F�ood reparation areas Piease describe how food will be served at the event: :f you intend to cook foodF n he event area please specify the method: GAS ,_. ELECTRIC CHARCOAL • OTHER (Specify): s Portable end/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can ehcw that there are facilities in the immediate area available to the public during the event) • Tables # • and Chairs # Fencing, barriers and/or barricades Generator locations end/or source of electricity Canopies or tent locations •(include tent/canopy dimensions) Boctt+,=; exhibits, displays or enclosures =Scaffolding; bleachers; platforms, stages, grandstands or related structures 'Vehicles and/or traiier• s j Other related event components not covered above 1Trash containers and dumpsters (Note; You must properly dispose of waste and .garbage throughout the term of your event ar,d immediately upon conckusi f the;eveift the area must be returned to a clean condition.; Number of trash cans: • Trash containers with lids: Describe your plan for clean-up and removal of waste end garbage during and after•th• e event: C ce, h,on let ova s- e taredY !::. ix_a t'a fn ecee+i'cc (S. Fax: Aug 2 2012 11:41am P006/009 Please describe your procedures for both Crowd Control and Internal Security: `^'-'rPS NO Have you .hired any Professional Secant organization to handle security arrangements for this event? if YES, please iist: Security Organization: e f -+S SC3C t ct,_{t S Security Organization Address: Security Director (Name)! Phone: _ YES a �0 Is this a night event? if YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have node fqr pr o idi g First Aids aging and Equipment Try #., Please describe your Accessibility Plan for access at your event by individuals with disabilities: • Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: Please describe your plans to notify ail residents, businesses and churches impacted by the event NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. Fax: Aus 2 2012 11:42am P007/009 YES NO Are there any musical entertainrraent features related to your event? if YES,..._„ please statethe number of stages, number of bands and type of music. Number of Stages: Number of Bands: 4J J cunc , .1 v C r tj Type of Music: Q ec \ ( a.t YES _ NO MU sound amplification be used? if YES, please indicate: Start time: 4r:49CL4ar, ipm Finish Time le.`am/C) VYE = NO Will sound checks be conducted prior tp the event? if YES, please indicate: Start time: - a pm Finish time q BCC YES YES Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NO Any signs, banners, decorations, special lighting? If YES, please desoribe: Revised ',-)2129.12 Fax: Aug 2 2012 11:39am P002/009 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INUEMINIFICATIClN AtREEME Persons requesting use of City property, facilities or personnel are required t0 provide a minimum of $1,O00,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization S e �� o *ei a C (e - Ocktic SDrr2 _ Person In Charge of Activity .� Andreas_ ae Hoover Telephone 679- '-(i ` «`( 7 7 Date(s) of Use OLD HARMLESS AGREEMENT As a condition of the issuance of a temporary pse permit to conduct its activities on public or private property, the undersigned hereby agrees} to defend, indemnify and hold harmless the City of National City and the Parking Authority and its offcers, employees and agents from and against any and all claims, demands: costs, losses, liability or, for any personal injury, death or property damage: or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to'the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. if.;al Title Dais For nTce Use O,a,y Ce tfaie of Insurance Approved Date Vdc 1.:i.crotAr lao Ng 2201211:42om PUU0/009 4 --rat21 T;in 5.,itpo r 5-4rd s-eco ol 71111,11 El: 1E4 E".7 P'T -1.7-74.7v i7-47-17c,C ...M.••••••••••••••••••..............•*, Cr 2 2012 11:42am P009/009 — (IDA -"' • .„ • ..-.- • ..?•• i tkiretiLoi INT z Li stow) ".4 4'4-•• t• rA _I „.1 cokt,1=4,ve f CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Sweetwater Harley Davidson EVENT: Diabetes Charity Car Show DATE OF EVENT: October 27, 2012 TIME OF EVENT: 9 a.m. to 4 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Speakers shall face away from residential areas. Compliance with Title 12 required. Directions to alternate parking areas should be provided. ' RISK MANAGER (619) 336-4370 Provide valid copy of insurance certificate naming the City of National City. Provide Additional insured endorsement naming the City of National City as an additional named insured. PUBLIC WORKS (619)366-4580 Street Division: • Staff will barricade affected streets and remove them when the event is over. • Staff will post "no parking" signs in affected streets before the event. • The cost to provide street personnel is estimated to be: 1. "No parking" signs 40 x $0.45 $ 18.00 2. Equipment 6 x $19.09 $114.54 3. Barricades 10 x $0.35 $ 3.50 (9) 4. Regular Hours 5. Overtime Hours 6. Total Parks Division: No involvement. 2 x $32.57 4 x $48.86 Facilities Division: No involvement by custodial or trade personnel. Fees $ 65.14 $195.40 $396.58 Unless waived by the City Council, the applicant shall pay $396.58 for costs associated with this permit. (Acct #109-422-221-102) FINANCE All Vendors must have a Business License. All Food vendors must have a health permit in addition to the Business License. A list of all vendors must be submitted to Finance no later that 2 weeks prior to the event. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to all businesses to be maintained at all times Access to entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through all business areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 8) All cooking booths or areas to have one 2A:10BC. If grease or oil is used for cooking, a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 9) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. 10) A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Please see Fire Department for direction. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Fees can only be waived by City Council Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 11) Fire Department access into and through the booth areas are to be maintained at all times 12) Internal combustion power sources that may if used, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 13) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 14) Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from tents or canopies 15) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only 16) A 2A:10BC fire extinguisher shall be required for all vehicles participating in the car show event. Extinguisher to be outside of vehicle in an accessible area in an emergency COMMUNITY SERVICES Community Services has no involvement in this event. POLICE Extra Patrol will be requested CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: September 18, 2012 AGENDA ITEM NO. 11 ITEM TITLE: TEMPORARY USE PERMIT —20th Annual Fiesta Filipiniana-Mexicana Karaoke hosted by the Seafood City Supermarket on September 29, 2012 from 10 a.m. to 10 p.m. at 1420 E. Plaza Blvd. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: This is a request from the Seafood City Supermarket to conduct the 20th Annual Fie " Filipiniana — Mexicana Karaoke Competition at 1420 E. Plaza Blvd on September 29, 2012. Set-up for the event begins on September 28, 2012 at 1 p.m. and the actual event runs from 10 a.m. to 10 p.m. on Sept 29tn This yearly event will include a kid's corner, arts and crafts displays, dance exhibition and karaoke presentations. All entertainment will be on a stage supplied by the sponsor. DEPARTMENT: Neig rvices Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP, plus $200.00 for the Fire Permits, Total Fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert Parade _ Motion Picture Fair Demonstration Grand Opening Event Title: .2 0Alln (AA Event Location:C7 )J ' j al? 6-07Ii� 1,4A Event Date(s): From 4- to 21 za 1,2, Actual Event Hours: I V: ;v am/pm to I C. am/e) Total Anticipated Attendance: 3D b ♦ ( �l) Participants 5lU Spectators) Setup/assembly/construction Date: ci kA4 Start time: I Zr^+- Please describe the scope of your setup/assembly work (specific details): ck,ty , cA,h Di- (0,4 u-r GiAl'' ✓Festival Circus Other Rfi 0 JUL 3 0 ft Community vent Block Party Dismantle Date: Completion Time: p-f t,,,i a pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of dosing and day and time of reopening. Sponsoring Organization: 60t CA-47r - /( O Chief Officer of Organization (Name) If AY() Sao e, Applicant (Name): it .‘ LEI 05 C(,v'lD5 Address: 600 k' 4 'xk 41" 3 N G f Gt 1 i5P Daytime Phone: j S 2!' i apo Evening Phone: (L lj - Fax: jj47' " (Oay' E-Mail: I2..0 42xtAn) 5 4 60' Co►�►�- Contact Person ` on site" day of the event: 514 Sa h �e1lutar:Pi) '&31-4 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS S 4, t3tr�3 gnat Is your organization a "Tax Exempt, nonprofit" organization? YES v NO Are admission, entry, varli.chr or participant fees required? f YES NO If 'YES, please explain the purpose and rdvide amou f (s): p 1709144 $ 500 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event: What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or n or any other pertinent information about the event. GQS r5� �•► (0ob4 l+M ± I2lan-lb • rt YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the'sale: YES Does the event involve the sale or use of alcoholic beverages? _ YES ✓NO Will items or services be sold at the event? If yes, please describe: YES iVO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. — YES t/NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES" NO Does the event involy the use of tents or anopies? If YES: Number of tent/canopies Sizes 0 S (%% NOTE: A separate Fire Dep ment permit is required for tents or canopies. YES V NO Will the event involve the use of the City or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served .at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): (1 Portable and/or Permanent Toilet Facilities Vilet citt t C A ) V,) w ' 4,, Number of portable toilets: (t for every 250 people is requir , unless the applicant can w that there are facilities in the immediate area available to the public during the event) ables # 5,10 and Chairs # - (d1 F cing, barriers and/or barricades nerator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) oths, exhibits, displays or enclosures caffolding, bleachers; platforms, stages, grandstands or related structures ^~ es and/or trailers er related event components not covered above rash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-. .and remov of waste and garbage during and after the event: s Please describe our procedures (fgroth Crowd Control and Internal Security: ES — NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: 1 . - Security Organization: S.( CAAAA 1 IC/ d 2i0 Security Organization Address: Security Director (Name):, Phone: 1 YES NO Is this a night event? If YES, please state how the event and surrounding area will be iI'uminated to ensurersafety of the pprticipants a sp ctators: Pt Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Ir i(:.� Please describe your Acc sibility an for access'at y r vent by indi �uals'withi0 bil Pleas rovide a detailed descri,tion of your PARKING plan: 4 e Please describe your plan for DISABLED PARKING: `w,11 13.9- - t Please describe your ans to notify all residents, businesses and churches impacted by the event: 1 th NOTE: Neighborhood residents must be notified 72 hours in advance when scheduled in the City parks. e is re City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization tAktrb4 Person in Charge of Activity M� AR„to.) Address to fl k c 3 1" C. 4 )5.P Telephon/ I')) Q 2 -- i Wate(s) of Use _ 4 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 the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation another liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved 7/50//-2. Date S YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: 1 Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: �1 Finish Time am/fin 1 S NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: arr pm Finish Time am/pm Please describe the sound equipment that will be used for your event: J _ YES O Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: b cy,fi.. aIn n cw..ft ,CiUai Pi‘ -\'"T k44)-4-(e- - __DA14, 5 41 f„ Gtt,(4.t- Revised 02/29/12 .4 R" CERTIFICATE OF LIABILITY INSURANCE ,iz5i2oi2 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 NCCMEACT TOni Stovel PHONE,, F>ctl• IAA:(619) 683-9990 I FA). No): (619)683-9999 ADDRESS, tstovel@ebrenfeldinsurance. cam INSURER(S) AFFORDING COVERAGE NAIL # mum A:Argonaut Great Central Ins Co INSURED Seafood City Supermarket Fortune Commercial Corporation 2883 Surveyor Street Pomona CA 91768-3251 uasuRFna:Springfield Insurance Company INSURERC: INSURER D: INSURER E: INSURERF: GERTIFICATE NUMBER-CL1253129542 THIS IS TO CERTIFY THAT 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR I-TR TYPE OF INSURANCE N��WVD POLICY NUMBER 111MIDUER DIYYYY) (MMI0D/YYYY1 LIMITS GENERAL LIAOU.m' EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILIT' DAMARENTED PREMISES $ 300,000 A 1 CLAIMS -MADE n OCCUR X E14915148607 6/3/2012 6/3/2013 (Eaoccurrence) mED IXP (Anyone persar) S X Liquor Liability PERSONAL B ADV INJURY $ 1,000,000 X $1,000 Dad. BI/PD GENERAL AGGREGATE $ 5,000,000 AGGREGATE LIMIT APPLIES PER: '� PRODUCTS - COMP/OP AGG $ 2,000,000 X I POLICY - LOC Elm, $ AUTOMOBILE LABILIY COMBINEDaBSINGLE LIMB 1,000,000 A X ANY AUTO BODILY INJURY (Per person) $ — �OOWNED - AUTOS BA91514B607 6/3/2012 6/3/2013 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per aocid $ SPEC $ X UMBRELLALIAR _ OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESSUAB CLAIMS -MADE AGGREGATE $ 10,000,000 DED IX MENTIONS 10,000 MI9915149607 6/3/2012 6/3/2013 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- X I TORY LIMITS OTH- ER 9 / N ANY PROPRETORIPARTNEREXECUTIVE OFFICaRfMEn n N/A E.L. EACH ACCIDENT $ 1,000,000 NH)IXCLUOED? In NH) (Mandatoryff NCD00173309 12/1/2011 12/1/2012 E.)_DISEASE -EA EMPLOYEE $ 1,000,000 ye DESCRIPTION �� Dyes. describe TIDN OF OPERATIONS baba E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule. Vinore apace is required) Certificate Holder is named as Additional Insured as required by written contract, as respects to Comm'1 General Liability, but limited to the operations of the Insured under said contract, and always subject to the policy terms and conditions. Re: Fiesta Filipino Mexicana, September 29, 2012 CERTIFICATE HOLDER CANCELLATION eusands4Qyahoo.com City of National City 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jim Eggert/JI[ ACORD 26 (2010/05) 01588.2010 ACORD CORPORATION. All rights reserved. INS025 (2otoos).ot The ACORD name and logo are registered marks of ACORD ACORDF THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS BELOW. CERTIFICATE THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE EXTEND AFFORDED CONTRACT BETWEEN THE ISSUINGINSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ias) must be endorsed. 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 certlflcate holder in lieu of such endorsement(s). CERTIFICATE OF LIABILITY INSURANCE PRODUCER Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 ICVAOYEACT Toni Stovel DATE (MI,DD/YYYY) 7/25/2012 FFAX 1619) 683-9999 . No): �1P�1Ww�o (619)683-9990 Af tstovel@ehrenfeldinsuranoe.com INSURER(9) AFFORDING COVERAGE INSURER AAr0onaut Great Central Ins Co INSURER B :Springfield Insurance Company HAIL e INSURED Seafood City Supermarket Fortune Commercial Corporation 2883 Surveyor Street Pomona CA 91768-3251 CERTIFICATE NUMBER:CL1253129542 REVISION NUMBER: E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INSURER C : INSURER D: INSURER E : INSURER F: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAV 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE IN R SUMS POLICY NUMBER POLICY EFF JuM1DD/YYYYLJA POLICY EXP M'DDRMIM LIMA LYR A GENERAL — X X LIABILITY COMMERCIAL GENERAL LIABILITY 1CLNMS-MADE © Liquor Liability OCCUR X EM915198607 6/3/2012 6/3/2013 EACHMOCCURRENCE $ 1,000,000 DAMAGE f0REN1ED— PREMISES Me occurrence) $ 300, 000 MED EXP IA, oneparson) $ PERSONAL 3ADV INJURY $ 1,000,000 GENERAL AGGREGATE 000 000 $ 5 r r X $1,000 Ded. BI/PD PRODUCTS - COMP/OP AGG $ 2,000,000 7 7GEML AGGRE(G'A�TjE LIMIT APPLIES PER: POLICY i I I LOC LIMB $ A 1 AVTOMOBILE X X { IFCOT LIABILITY ANY AUTO ��Vyp)Ep HIRED AUTOS "'— X SCHEDULED NON-OSWNED AUTO BL915148607 6J3/2012 6/3/2013BODILY COMBINED SINGLh (Es accident) $ 1,000,0( BODILY INJURY (Per person) $ INJURY (Per accident) $ PROPERTY DAMAGE (Pereccdert) $ SPEC $ A X UMBRELLA LIAB EXCESS — OCCUR CLAIMS-MADEUB CLAIMS -MADE UI+ID915148607 6/3/2012 6/3/2013 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10 , 000 , 000 3 X RETENTIONS 10,000 $ WORKERS AND ANY (Of Manda (Mandatory I yes, OED COMPENSATION EMPLOYERS' LIABILITY Y7H pROPRIETORRARTNER)EXECUTIVE ❑ RMENSER EXCLUOEM in NNI de3a a under OF OPERATIONS Oetaw N/A NW00173309E.L. 12/1/2011 12/1/2012 X TORYTUMRSI FR E.L. EACH ACCIDENT S 1,000,000 NSEACE -EA EMPLOYEES 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 D DESCRIPTION DESCRIPTION Certificate General to OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space T! tired)ten contract, as respects to COmm � 1 Bolder is named as Additional Insured as required by Liability, but limited to the operations of the Insured under said contract, and always subject the policy terms and conditions. Re: Fiesta Filipina Mexicana, September 29, 2012 w ...w�. , •R,A1, CERTIFICATE HOLDER susands4@yahoo.com City of National City 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE THE EXPIRATION DATE THEREOF, POLICIESED , NOTICE WILL BE CANCELLED BEFORE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jim Eggert/JIME ACORD 25 (2010/05) INS025 (201 oos).o1 The ACORD name and logJare registered marks of ACORD 01988.2010 ACORD CORPORATION. All - hts reserved. (�vh% SE�f0OP 111'1 c D I D f D CJ TJ t 0 DO 0 0 CO Ata-.u.i-” , s the_ aecal t c.*. Q -L. co to S-Ye-7A 1 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Seafood City EVENT: 20th Annual Fiesta Filipiniana-Mexicana Karaoke DATE OF EVENT: September 29, 2012 TIME OF EVENT: 10:30 a.m. to 10 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Speakers shall face away from residential areas. Compliance with Title 12 required. RISK MANAGER (619) 336-4370 Provide Additional insured endorsement naming the City of National City as an additional named insured. All else looks fine. PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event FINANCE All Vendors must have a Business License. All Food vendors must have a health permit in addition to the Business License. A list of all vendors must be submitted to Finance no later that 2 weeks prior to the event 0 0 FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to Seafood City and surrounding businesses to be maintained at all times. Access to Fire Department connections for fire sprinkler systems, standpipes, etc. must be clear and unobstructed. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as 'Temporary Wiring Only". Extension cords lying on the ground shall be organized to prevent trip hazards 8) A ten foot separation distance must be maintained between tents and canopies. 9) Fees must be paid to the Fire Department Administration Office prior to event occurrence. 10) First Aid will be provided by Operation Samahan Note: A $200.00 inspection fee for an after hour/weekend fire inspection shall be required. Total cost for this event shall be $200.00 paid directly to the National City Fire Department under permit. Fees can only be waived by City Council. COMMUNITY SERVICES No comments. POLICE They have the option of hiring 4 licensed security guards or two NCPD Officers for the security that day. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured's, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IEETING DATE: September 18, 2012 AGENDA ITEM NO. 12 ITEM TITLE: TEMPORARY USE PERMIT — St. Mary's Fall Festival hosted by St. Mary's Catholic Church on October 7, 2012 at the parish grounds located between E. 8th Street and `E' Avenue from 7 a.m. to 6:30 p.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh►.rhos:•-rvices Division APPROVED BY: This is a request from St. Mary's Catholic Church to conduct the 2012 St. Mary's Fall Festival event on October 7, 2012 at their parish grounds on E. 8th Street & "E" Avenue. This event features approximately 20 assorted booths, including food booths, religious booths, white elephant booth, sewing club arts & crafts, game booths and Boys and Girls Scout booths. Two (2) 20x20 canopies will be set up for dining. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments and $200 for Fire Department inspection fees. Total fees are $437.00. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Fair X Festival Parade Demonstration _ Circus Motion Picture _ Grand Opening _ Other Event Title: ST. MARY' S FALL FESTIVAL t Block Party Event Location: PARISH PROPERTY CHURCH GROUNDS 8TH AND 'E' STREETS Event Date(s): From SUNDAY, fCTOBER 7th, 2012 Actual Event Hours: 7 : 00 am;Fto 6 : 30 iiKi/pm Total Anticipated Attendance: JTNKNOVN ( x Participants x Spectators) etur/ass embiy/construction Date:i n- i 7- 1 9 Start time: 8 : on a.m. Please describe the scope of your setup/assembly work (specific details): ON CHURCH GROUNDS, SET-UP INCLUDES ASSEMBLING BOOTHS, DECORATING BOOTHS, ETC. REPAIRING BOOTHS AS NEEDED. 7 Dismantle Date: 10-08-12 Completion Time: SAME am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. NO STREET CLOSURES Sponsoring Organization: ST . MARY' S CATHOLIC CHURCH Chief Officer of Organization(Name) FATHER DENNIS MACALINTAL Applicant (Name): ALICE & DON STEEBER CHAIRPERSONS Address: 2929 East 16th Street National City Daytime Phone: (1 4 7 5- 2 414 Evening Phone: ( ) s ame Fax: (_) E-Mail: Contact Person "on site" day of the event: Al ice St e eb Cellular: 619 5 0 7- 915 3 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS `--Es gbur organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? YES x NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. THIS IS AN ANNUAL PARISH EVENT. THERE WILL BE FOOD BOOTHS, RELIGIOUS BOOTHS, WHITE ELEPHANT BOOTH, SEWING CLUB ARTS & CRAFTS GAME BOOTHS BOYS' AND GIRLS' SCOUV:.BO,OTHS. APPROXIMATELY 20 ASSORTED BOOTHS.. THIS IS A ONE -DAY EVENT. YES XNO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the. sale: YES X NO Does the event involve the sale or use of alcoholic beverages? g YES _ NO Will items or services be sold at the event? If yes, please describe: ITEMS: FOOD, SOFT DRINKS, ARTS/CRAFTS, PLANTS, RELIGIOUS ARTICLES YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _x NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X "ES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 2 Sizes 20x20 CANOPIES FOR DtlIDT$GA separate Fire Department permit is requiredfor tents or canopies. SOME BOOTHS WILL HAVE COVERS _ YES NO Will the event involve the use of the Cjj or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served attheevent FOOD PREPARED ON SITE IN COMMERCIAL KITCHENS SOLD IN FOOD If you intend to cook food in the event area please specify the method: BOOTHS X GAS ELECTRIC X CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 0 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) X Tables,'# 10 ' and Chairs # 10 0 Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures nScaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 15 Trash containers with lids: 15 Describe your plan for clean-up and removal of waste and garbage during and after the event: TRASH CANS F.MPTTF.D THROTTGHOTTT THE T)AY AND EMpTLF.1) TNT() TTJf ON -SITE DUMPSTERS THAT WILL BE PICKED. Please describe your procedures for both Crowd Controt and Internal Security: RESIDENT AND BUSINESSES ARE AWARE OF OUR ANNUAL ONE -DAY FESTIVAL SFCTTRo._o_RI Y NOTIFYING NCPD TO ALERT RESERVE OFFICERS AND IF AUATTARTF SFNTOR PATRDT WF WTTT PROVIDE ON ST SF URTT 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: _ YESx_ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. FIRST -AID KITS AVAILABLE, REST AND QUIET AREAS AVAILABLE FRANK PARRA, FIRE DEPARTMENT WILL BE ON SITE Please describe your Accessibility Plan for access at your event by individuals with disabilities: CHURCH HAD DISABLED PARKING SITES IN CHURCH PARKING LOTS AND ON STREETS. FESTIVAL GROUNDS ARE BLACK -TOPPED AND ARE LEVEL. Please provide a detailed description of your PARKING plan: CHURCH PARKING LOTS AND CITY STREETS Please describe your plan for DISABLED PARKING: USE OF DISABLED SPACES. Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization ST MARY'S CATHOLIC CHURCH ?n C:iar': f A tivt FATHER DENNIS MACALINTAL - :-_--::::v:?ce:Lsr9:at:Vtj/ PARISH OFFICE; 426.EAST 7th STREET Address ALIUL & uos SIEEBER, CHAIRPE1tSOrIS TelephorleIIURCII OFFICE Date(s) of Use OCTOBER 7, 2012 474-1501 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 the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title D e ' a-1--- A For Office Use Only Certificate of Insurance Approved Date 5 YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: Type of Music: D D. J J. FOR BACKGROUND MUSIC AND FOR DANCE GROUP ACTS. X YES NO Will sound amplification be used? If YES, please indicate: Start time: 1 : 00 p m. am/pm Finish Time 5 c 00 - amlpm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES NO Any signs, banners, decorations, special lighting? If YES, please describe: ON PARISH PROPERTY, SIGNS, BANNERS, BOOTH DECORATIONS Revised 02/29/12 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: St. Mary's Catholic Church EVENT: St. Mary's Fall Festival DATE OF EVENT: October 7, 2012 TIME OF EVENT: 7 a.m. to 6:30 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Speakers shall face away from residential areas. Compliance with Title 12 required. RISK MANAGER (619) 336-4370 Provide valid copy of insurance certificate naming the City of National City. Provide Additional insured endorsement naming the City of National City as an additional named insured PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event FINANCE If vendors are from within the Church and selling on behalf of the Church they will not need a Business License. All Food Vendors should have a Health Permit (Food Handlers Card/Certificate). FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the church to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Hydrants shall not be blocked or obstructed 3) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 7) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) Fire extinguishers to be mounted in a visible location between 3' ' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. Please see attached example 9) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 10)A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 11) .Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. Fee is to be paid directly to the National City Fire Department Administration offices prior to event 12)Any electrical power used is to be properly grounded and approved. Extension cords shall be used as 'Temporary Wiring" only 8 13) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. if canopies maintain a ten feet separation distance from one another, no charge will be assessed Canopies: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 NOTE: Booths can be grouped in multiples of 4 not to exceed 400 square feet. A separation of ten feet between multiples of 4 booths shall be required 14) First Aid will be provided by organization Note: Fees can only be waived by City Council. COMMUNITY SERVICES No comments. POLICE They have the option of hiring 4. licensed security guards or two NCPD Officers for the security that day. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured's, with amounts of coverage to be determined by the Risk Manager. lb !PLANTS FIANCE BOOTH (WHITE ELEPHANT BOOTH RELIGIOUS BOOTH 1=01 VlffiLL. STAGE • fit4R.`6 FEsTivii 20 IL small canopy 1 20' X 20' 4 tables & 32 chairs COUNTRY STORE SEWING CLUB GHLUZCH MALL I t CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT --EETING DATE: September 18, 2012 AGENDA ITEM NO.13 ITEM TITLE: TEMPORARY USE PERMIT — Pumpkin Station hosted by Pinery Christmas Trees Inc at Plaza Bonita Mall from September 28 thru October 31, 2012 with no waiver of fees. PREPARED BY: Vianey Rolon' PHONE: (619) 336-4364, EXPLANATION: DEPARTMENT: Nei • •or •j• ervices Division APPROVED BY: This is a request from Pinery Christmas Trees Incorporated to host the annual Pumpkin Station at Plaza Bonita Mall from September 28 thru October 31, 2012. Daily hours will be from 10 a.m. to 9 p.m. Pumpkin Station will be located on the westside parking lot #1 of the mall adjacent to Ring Road. This event is a pumpkin patch and a children's carnival combined which will include children's rides, games, free entertainment on Saturday and Sunday with magicians, ventriloquist, jugglers, and a live animal show. Private security will be present during high -traffic periods and mall security will be used as well. This is :he 9th year for the Pumpkin Station at Plaza Bonita Mall. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS The City has incurred $237.00 for processing the TUP, plus $400 for Fire permits fees Total fees are $637.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration _ Circus _ Block Party Motion Picture _, Grand Openings' _Other Event Title: Pt4rrir,k/nn7`%aar. 6Al Event Location: �' e» 'f�'PLKLA— Event Date(s): From 9 S to / 6%3/ Actual Event Hours: /0 )pm to _ 9 a (•� Total Anticipated Attendance: ( Participants Spectators) Setup/assembly/construction Date: 4/f7 Start time: 83 in Please describe the scope of your setup/assembly work (specific details): , F�rt(►a!1& �R*"'w- • / A, h? 131.S i Ajkif ri f i 4 WCt Aj p Dismantle Date: �- �if Completion Time: am Zia Pt /1/44/!2. Community vent List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: /I P79Y, i�J L1YY4-Tina S �2Ue 55 -bIC Chief Officer of Or anizati n (Name) /Y11?444 Z5:410,54.=•4e--- Applicant (Name): Ofrinkhafri J ` 65/Agile— Address: /4966S 5,roeJes., /J n2 56t#a 2 0s Qj O a 9 Z/3/ Daytime Phone: (�.5-6 / ''7,S' h , Evening Phone: L_) sa,ln-e-- Fax: eiSrs36i►grit, E-Mail: A45/URN.Z S417 de< CD 1 Contact Person "on site" day of the event:06 ioy, ellular:'S1 rt Ft ./7e NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? YES ZNO Are admission, entry, vendor or participant fees required? _ YES XNO If YES, please explain the purpose and provide amount(s): $ /VD Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 1 2.S, DOD Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. carel.tLoc) YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: _ YES „MO Does the event involve the sale or use of alcoholic beverages? )4YES _ NO Will items or services be sold at the event? If yes, please describe: ?LAM? 1645) (qv) Lel?en R.tcLL S) 3bYr s) $ &) (�afai rN _ YES XNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X.YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES j�1O Will the event involve the use of the gay or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparati n areas�P1 ase describe how food will be served at the event: j is p Ce vit .S� c- If you intend to ok Lod in the event area please specify the method: GAS ELECTRIC CHARCOAL _ OTHER (Specify): rXi Portable and/or Permanent Toilet Facilities Number of portable toilets: s(1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades enerator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be return d to a clean condition.) Number of trash cans: 96 Trash containers with lids: Describe your plan or cleantup,and removal of waste and garbage during and Aer the vent: Ple se describe your procedures for both Crowd Control and Internal Sec ity: 'tr i N i , tA.• �GLYIn4 Egi _ YES O Have you hired any Professional Security organization to handle security arrange ents for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES _ NO Is this a night event? If YES, please state how the event and surrounding area will i� be it inated to enssfY saf ty of the participants and ectators: yaL! / -Ci 2 N � 5m' n D� A h7s Ple s in to whwhat rrangemgnt yo .bar z foAro:ljng Fjr)Aid ink a di q pment.. erin Pleas describe your Accessibility e171n=ccgssat your event by indWiduals with disabilitigs: Ple e provide detailed e ription of Tr PARKING plan: a' pa,frx) 1-149- Please describe your plan for DISA D PARKING: Please describe event: inesses and churches impacted by the NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. I YES YES YES O Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: O Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm O Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES\bNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 tot eteit City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone 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 the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date YV-r For Office Use Only Certificate of Insurance Approved Date 6 Pumpkin Station Bonita Plaza Shopping Center Temporary Use Permit Application Description of Event: Pumpkin Station is a pumpkin patch and a children's carnival combined. We cater to children age 2-9. We offer numerous rides including a boat ride, car ride, swing ride, bumble bee swing ride, lil' toot ride, inflatable slide, inflatable pumpkin jump, and petting zoo. Pumpkin Station also provides free entertainment on Saturday & Sunday's which include magicians, ventriloquist, jugglers, live animal show and puppet show (3 shows per day each weekend). Also available are 4 different games for the children, Turtle Fishing, Pumpkin Toss, Tic Tac Toe, and Ping Pong Toss with a winner every time. Pumpkin Station also offers Group Packages to local schools, day care centers and other children groups. Pumpkins We offer a very large selection of pumpkins from 1# size to Bodacious Pumpkins weighing over 150#. We also offer bales of straw, corn stalks, gourds of all sizes, and other holiday decorating items. SiRnai'e We have 2 signs — on at our entrance (4' X 8') and one on our storage trailer (10' X 40'). Experience This is our 14`" year of experience operating Pumpkin Station —1 year at Plaza Camino Real in Carlsbad,9 years at Mission Valley Shopping Center in San Diego and 9 years at Bonita Plaza Shopping Center 5 years at Parkway Plaza in El Cajon and 5 years at the Del Mar Fairgrounds. Plaza Bo ita August 8, 2012 City of National City Building & Safety Department 1243 National City Boulevard National City, CA 91950-4301 RE: Temporary Use Permit Pumpkin Station Westfield Plaza Bonita Dear Building Department, 3030 Plaza Bonita Road #2075 National City, CA 91950 T 619.267.2850 F 619.472.5652 I hereby authorize Norm Osbome, acting as representative of Pinery Christmas Trees, Inc., to operate a business known as Pumpkin Station in parking lot #1 at Westfield Plaza Bonita during the dates of September 17, 2012 through November 4, 2012. Norm Osborne has permission to install temporary power to poles in parking lot #1 to provide power during the Pumpkin Station occupancy if adequate power is not already in place. Norm Osborne will obtain all necessary permits from National City for occupancy at Westfield Plaza Bonita. Please call me at 619.267.2850 if you have any questions. Thank you. Sincerely, Sherry Jones, CSM, CMD General Manager Westfield Plaza Bonita Cc: Retailers file TENTS A. 30" X 30' X 10"H B.20'X40'X10'H C_ 20'X40'X10'H D. 20' X 20' X 1011 MAIN ENTRANCE GAME ZONE PUTTING .1UC) TRAIN CANOPY KIDDIE RIDES & PNFLA TABLE S 1_ SKY FIGHTER RIDE (SIAIC. iNSPE (..H 2. EIOAT RIDE ( TAIL iNsi'Fi;ILO) 3. SWING RIDE (Silk IL IN:iI'i:OU )) 4. DINO JUMP 5_ PLAY CENTER 6. MINI SLIDE T- LARGE SLIDE 17' X 5D" X 25' €L TRAIN RIDE (slAli iNti » cit f)) a. STORAGE TRAILER WITH SIC;NAGE. b TICKET BOOTH C. MANAGERS RV DUMPSTER GATES FENCE LINE MAIN l'OWI It S0RRCI`: 3'4"13 UV' !V 7 'U4 tt IN 1_, V 4; ft ::!o e CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Pinery Christmas Tree, Inc. EVENT: Pumpkin Station DATE OF EVENT: September 28 thru October 31, 2012 TIME OF EVENT: 10 a.m. to 9 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 No comments RISK MANAGER (619) 336-4370 Provide valid copy of insurance certificate naming the City of National City. Provide Additional insured endorsement naming the City of National City as an additional named insured. PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event. FINANCE If there will be any outside vendors, the same rules above will apply. If not, No Stipulations ll FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 4) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 5) Fire hydrants and fire department connections shall not be blocked or obstructed at any time. 6) Exit to be maintained in an obstructed manner at all times. Exit way to be clear of all obstructions. 7) Exits to be posted - EXIT. 8) No open flames or smoking inside or adjacent to the tent/canopy. Signs to be posted - NO SMOKING. 9) Extinguishers to be mounted in a visible location between 3'/2` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example. 12) Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from all tents and canopies. 13) Any electrical power used is to be properly grounded and approved by the Building Official. Extension cords shall be used as "temporary Wiring" only. 14) If tents or canopies are used, tents having an area in excess of 200square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, /z are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame spread shall be provided to the National City Fire Department if applicable. Canopies: 0 - 400 sf - $0 401 - 500 sf - $250.00 501 - 600 sf - $300.00 601 - 700 sf - $400.00 Tents: 0 -200 sf - $200.00 201 - (+) sf - $400.00 15) Bales of Straw and Corn Stalks shall meet the requirements for "Flame Propagation and Flame Spread". Proof of product used shall be furnished to the National City Fire Department prior to opening day. An inspection and test on materials used will be required prior to opening day 16) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 17) Fees can only be waived by City Council. 18) First Aid will be provided by organization Note: Organizer shall contact the National City Fire Department for cost associated with tents / canopies which will be used for this event. COMMUNITY SERVICES Community Services has no involvement in these events. POLICE Mall Security can handle and we will request extra patrol as necessary. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured's, with amounts of coverage to be determined by the Risk Manager. /+ CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 18, 2012 AGENDA ITEM NO.14 ITEM TITLE: amending the Principal adopted Use appropriately pertaining and previous but Chapter 7.20 of use of tarpaulins. Planner the amending On National City Municipal Code by DEPARTMENT: Dev ent Services APPROVED BY: An ordinance of the City Council adding Section 7.20.150 regulating PREPARED BY: Raymond Pe, PHONE: 336-4421 EXPLANATION: an ordinance Land Use Update. Code. During the update located under to the use of tarpaulins Community Appearance provisions regulating "In all residential zones, Title 18 Zoning (Land Use Code) in February 7, 2012, the Council adopted process, it was determined that certain other Titles of the Municipal Code. One was determined to be better suited for Code, and these sections were removed the use of tarpaulins was contained in the use of tarpaulins as temporary or On June 21, 2011, the City Council its entirety as part of the Comprehensive minor amendments to the Land sections of Title 18 would be more section of the previous Title 18 Title 7, the Property Conservation from the amended Title 18. The Section 18.14.160 (I) and read: permanent structures, including, not limited to carports, sheds, lean-tos and patio covers is prohibited." The proposed ordinance would amend Chapter 7.20 of Title 7 by adding Section 7.20.150, as temporary or permanent structures is prohibited, including but not "In all zones, the use of tarpaulins to the following: A. Awnings, B. Carports, C. Car covers, D. Lean-tos, E. Patio covers, F. Roofs, 'limited G. Shade structures, H. Sheds." FINANCIAL STATEMENT: a or indirect project as defined by the physical change Quality Act. FINAL ADOPTION: APPROVED: APPROVED: California in Finance ACCOUNT NO. Not Applicable ENVIRONMENTAL REVIEW: MIS Environmental Quality Act since the environment, and therefore is not The ordinance does not constitute it will not cause either a direct subject to the California Environmental ORDINANCE: INTRODUCTION: X STAFF RECOMMENDATION: the reading in full. Introduce the ordinance and waive BOARD / COMMISSION RECOMMENDATION: Not Applicable 'ATTACHMENTS: 1. Draft Ordinance: ORDINANCE NO. 2012 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 7.20 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 7.20.150 REGULATING THE USE OF TARPAULINS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the Table of Contents for Chapter 7.20 of the Municipal Code is amended to read as follows: Sections: 7.20.010 Definitions. 7.20.020 Billposting. 7.20.030 Charitable organization collection stations. 7.20.040 Applying graffiti. 7.20.050 Discharges of water into ground or into storm drains —Prohibited. 7.20.060 Harbor regulations. 7.20.070 Itinerant vendors, peddlers and solicitors 7.20.075 Outdoor display of goods —Prohibited. 7.20.080 Residing or camping in recreational vehicle —Prohibited. 7.20.100 Off -road vehicles. 7.20.110 Removal of traffic obstructions. 7.20.130 Repairing and washing of vehicles on residential property —Restricted. 7.20.140 Storage of inoperative or unlicensed vehicles, recreational vehicles and boats on private property, or parking on landscaped setbacks — Restricted. 7.20.150 Use of tarpaulins —Prohibited. Section 2. That Chapter 7.20 of the Municipal Code is amended by adding Section 7.20.150 to read as follows: 7.20.150 Use of tarpaulins —Prohibited. In all zones, the use of tarpaulins as temporary or permanent structures is prohibited, including but not limited to the following: A. Awnings B. Carports C. Car covers D. Lean-tos E. Patio covers F. Roofs G. Shade structures H. Sheds --- Signature Page to Follow --- PASSED and ADOPTED this day of , 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordinance No. 2012-_ 2 Adding Section 7.20.150 Use of Tarpaulins CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 0EETING DATE: September 18, 2012 AGENDA ITEM NO. 15 ITEM TITLE: Resolution of the City Council of the City of National City approving revised program parameters for the Owner Occupied Housing Rehabilitation Program funded by the HOME Investment Partnership. PREPARED BY: Alfredo Ybarra4k DEPARTMENT: Housing and Grants PHONE: ;336-4279 APPROVED BY�—� EXPLANATION: In both the Council approved 2005-2010 City of National City Housing Element and the Consolidated Plan 2010-2015, the need was identified to provide an Ownership Housing Rehabilitation Program to assist with preserving and maintaining affordable housing. The Housing and Grants staff previously developed a detailed set of policies and procedures for the Housing Rehabilitation Program that protect the interests of the homeowner and the City by using a comprehensive set of checks and balances. Staff requests that Council review and approve the attached revised program parameters which detail the most salient changes to the program's policies and procedures and allow staff to continue, under the revised parameters, with the delivery of the Housing Rehabilitation Program which will result in an increased opportunity to address the more difficult aspects of assisting lower income owners in &habilitating an aging housing stock . FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funding for the Housing Rehabilitation Program will come from Council approved HOME Investment Partnership Funds. ENVIRONMENTAL REVIEW: Environmental reviews are not required at this time but will be required for each specific project address prior to any commitment of funds.] ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends adoption of the resolution.] BOARD / COMMISSION RECOMMENDATION: •TTACHMENTS: 71. Attachment to Staff Report for the Housing Rehabilitation Program detailing proposed revised program parameters.. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING REVISED PROGRAM PARAMETERS, FOR THE OWNER OCCUPIED HOUSING REHABILITATION PROGRAM FUNDED BY THE HOME INVESTMENT PARTNERSHIP WHEREAS, in both the City Council approved 2005-2010 City of National City Housing Element and in the HUD Consolidated Plan 2010-2015, the need was identified to provide an Ownership Housing Rehabilitation Program to assist low income homeowners with preserving and maintaining affordable housing; and WHEREAS, the City Council previously appropriated $123,727 in Fiscal Year 2009-10 HOME Investment Partnership Funds, $148,645 in Fiscal Year 2010-11 HOME Investment Partnership Funds, and $290,049 in Fiscal Year 2012-13 HOME Investment Partnership funds to assist low-income owner occupants at or under 80% of Area Median Income to rehabilitate their homes; and WHEREAS, staff has revised the program parameters, originally approved by Resolution 2010- 220, for the owner occupied Housing Rehabilitation Program, which will result in an increased opportunity for the City to address the more difficult aspects of assisting lower income homeowners in rehabilitating an aging housing stock. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby approves the revised program parameters for the owner occupied Housing Rehabilitation Program, and authorizes the delivery of related program services. PASSED and ADOPTED this 18th day of September, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ATTACHMENT TO STAFF REPORT FOR THE HOUSING REHABILITATION PROGRAM DETAILING PROPOSED PROGRAM PARAMETER REVISION (NOTE: revisions to prior Council approved Program Parameters are highlighted in bold italics with a corresponding note at end of document) SOURCE DOCUMENTATION IN SUPPORT OF THE ACTIVITY The source documents in support of establishing a Housing Rehabilitation Program benefiting owner occupants in the City of National City are the 2005- 2010 National City Housing Element and the Consolidated Plan 2010-2015 (which details strategies to address identified housing and community development needs using Home Investment Partnership and Community Development Block Grant funds.) The Housing Priorities and Specific Objectives section of the Consolidated Plan 2010-2015 contains the reference to an Ownership Housing Rehabilitation Program with a five year objective to rehabilitate/repair 15 homes. APPROVED FUNDING SOURCES IN SUPPORT OF ONGOING PROGRAM ACTIVITY HOME Investment Partnership Council Approval FY10-11 (balance) $112,465 Council Approval FY 12-13 $290,049 Total Available Funds $402,514 PROGRAM PARAMETERS The primary purpose of the City's Housing Rehabilitation Program (HRP) is to provide decent, safe, and sanitary housing throughout the City of National City. The objectives of the HRP are: 1. Revitalize aging single family properties in the City of National City. 2. Assist low income homeowners with financing to rehabilitate their property. 3. Target specific deteriorated neighborhoods as identified by staff. The Division of Housing and Grants has primary responsibility for the processing of applications considered for funding under the National City's Housing Rehabilitation Program (HRP). Following is a basic description of the program: 1. Eligible Property Type A property must be occupied by an income -eligible homeowner and be the owner's principal residence. The property must be a traditional single-family house or a condominium unit and is owned fee simple or other ownership form acceptable in the HOME Program regulations. Mobile homes and properties exceeding one dwelling unit do not qualify. 2. Eligible Costs Borrower must use loan proceeds only for costs of services, materials, if applicable, necessary to complete the rehabilitation of Borrower's property pursuant to the City approved specifications, plans and work write-up specifications. 3. Interest Intake Form Applicants will be considered on a first -come first -served basis subject to funding availability. Whether the applicant calls or comes to the office in person, Program Staff will fill out and time stamp the Interest Form and file it in chronological order for future contact. 4. Income Determination The HRP will utilize the Part 5 {HUD Section 8) definition for determining annual income. The applicant's gross monthly income shall include: • The applicant's gross wage earnings, which include, salary, overtime pay, commissions, fees, tips, and bonuses. • Interest and/or dividends. • Passbook value of equity in the subject property owned by the applicant. • Net income from business or net rental income. • Social security, annuities, pensions, retirement funds, etc. • Unemployment benefits • Alimony, child support, welfare payments. 5. Income Eligibility Qualified Borrower's must be low income, defined as having an income that does not exceed 80% of the San Diego/Carlsbad Metropolitan Area, adjusted for family size. The income figure is established by the Department of Housing and Urban Development (HUD) and periodically adjusted. A "household" means all persons occupying the housing unit as a place of residence. Currently the limits for FY 2012 are: Number of persons in household Maximum income limit for household One person $45,000 Two persons $51,400 Three persons $57,850 Four persons $64,250 Five persons $69,400 Six persons $74,550 Seven persons $79,700 Eight persons $84,850 6. Housing Inspection and Property Assessment Staff shall visit the applicant's home and identify priority code violations, incipient code violations, and desired property improvements. As part of this inspection, staff shall conduct a Lead Based Paint Inspection if the property was built prior to 1978. Staff will complete a set of repair specifications detailing which items need to be repaired and secure homeowner approval. The City may also help, if requested, with the process of getting contractors to bid on the work. The bids will be based on the repair specifications so that only the work specified will be bid on. Health and safety hazards receive the highest priority. All health and safety hazards must be eliminated. The priority of items listed above will be determined, on a case -by -case basis. Consideration the following items will be given when determining the priority of items for inclusion in the work write-up: • The age and physical condition of the building occupants • Funds available for rehabilitation of each unit • Value of the unit after rehabilitation 7. Cost Evaluation and Rehabilitation Value All projects must be evaluated and certified for cost reasonableness before proceeding. A contingency cost factor of 10 percent will be used to help insure against cost overruns and enable completing a project successfully — within available funding, subsidy limits, and time allotments. Staff shall review the cost estimate and work write-up with the borrower. Borrower shall approve the cost estimate and work write-up in writing. Appraisals will be required on all properties. The ratio of total property debt to property value shall not exceed 110% (see Note #1) of the after rehabilitation value. The value will be determined by an appraisal acceptable to the City. If the source of funds is the HOME Program, the after rehabilitation value of the property must not exceed 95% of the median purchase price for the San Diego/Carlsbad Metropolitan Statistical Area as published by HUD in accordance with the HUD Final Rule. 8. Contractor Selection The borrower does not need to choose the lowest bidder but any bidder chosen must be within the 15% (see Note #2) margin from the City estimate. Selection of Contractor by borrower must be in writing. Staff shall insure that all the bids from contractors include the same work (i.e. apples for apples). 9. Loan terms: o The loan shall be due and payable upon sale, transfer, failure to occupy or additional encumbrance of the property whichever occurs first. o The interest rate will be 1 % simple interest. o The base maximum loan amount is $40,000 with a possible corresponding grant of up to an additional $10,000 for Lead Hazard Remediation based on actual cost of lead hazard remediation and the actual cost of temporary relocation if necessary. The $40,000 base maximum loan amount may be raised to up to $60,000 if any of the following occur: 1. The base maximum loan amount of $40,000 for qualified rehabilitation plus the Lead Grant amount of $10,000 is insufficient to address the cumulative total cost of lead remediation. 2. The base maximum loan amount of $40,000 for qualified rehabilitation is insufficient to address all Health & Safety Code violations, local Building Code violations, local Planning Code violations and various incipient rehabilitation requirements of the program as detailed elsewhere in the program Policies and Procedures. (see Note #3) o A minimum of $1,000 must be invested in each assisted unit. • A contingency of up to 10% of the construction estimate will be held in reserve. The total base maximum loan amount remains $40,000 inclusive of any contingency amounts that may be used. If the qualifying loan amount of up to $60,000, based on the above criteria, is used then the 10% contingency will be reflective of the construction estimate and the revised maximum loan amount will be $60,000 including the contingency. (see Note #4) o Loan applicant(s) must be the legal owner(s) of the property. o All loan payments will be deferred for the life of the loan. o All loans must be approved by the City Manager(see Note #5) of the City of National City. PROGRAM REQUIREMENTS OF SPECIFIC FUNDING SOURCES (see Note #6) The above program particulars define the basic requirements of the Housing Rehabilitation Program funded by the HOME Investment Partnership. The guidelines meet the HOME Investment Partnership requirements to insure compliance with all federal statutes. Adherences to the HOME Investment Partnership rules for owner -occupied housing rehabilitation help create a detailed set of policies and procedures that protect the interests of the homeowner and the City by using a comprehensive set of checks and balances. They provide an excellent blueprint for any funding source. However there are a few specific differences for each funding source that are highlighted below: Term of Affordability Requirements • HOME Investment Partnership: Owner -occupied housing rehabilitation has no term affordability requirements. Default of Superior Loan Cures • HOME Investment Partnership: The right to cure a default on an existing loan is not a requirement of the HOME Investment Partnership by statute or by practicality (because HOME funds are more limited in availability than Low/Mod Set -Aside funds.) A foreclosure can cause, when values have dropped, the loss of HOME Funds and the loss of owner -occupancy. Historic Preservation • HOME Investment Partnership: HUD has a requirement for all HUD programs that an historic review process (Section 106) must take place on any property over 50 years old. This means that any property built before 1960 is affected. • Impact: The minimum time it takes to achieve historic property clearance is 30 days. Home Investment Partnership funds cannot be allocated to or spent on a project prior to that time. Notes to document changes: 1. The original total debt to property value was 100% and the revision raises it to 110% total debt to property value. This change was done to assist homeowners who purchased their homes at the height of the last real estate cycle and have seen values go down or stagnate during the recession who still wish to invest in their properties. This change gives staff some flexibility in assisting otherwise qualified home owners. 2. The original spread between Staff estimates and the selected contractor bid was 10% and the revision raises it to 15%. After reviewing the bids from the first four projects it became obvious that the housing rehabilitation construction market is currently quite volatile in large part due to material costs which fluctuate consistently because manufacturers and suppliers are not stockpiling as much product as they would in a more stable marketplace thus driving up prices and the lead-time to get products. There has also been wide fluctuations in bids in part because the recession removed a lot of small contractors from the bidding pool that normally would be bidding on these types of projects. 3. The original maximum loan amount was $40,000 with a possible lead paint abatement grant of $10,000. The problem that this change addresses is one where the cost of lead abatement exceeds the $10,000 grant amount and those excess costs are rolled over to the loan side which also carries the burden of the costs related to health & safety repair items including planning and building code violations. In many instances where the owners would like to fix all their housing concerns there are limited funds currently available to do a complete job. There are currently three (3) families in this current situation who need this flexibility so their loans can be finalized with others in potentially the same situation being processed now. 4. This language clarifies that the functionality of the ten percent (10%) loan contingency requirement from the original loan maximum of $40,000 will remain the same with the increased loan amount. 5. When the original document was approved the loan approval authority was with the Executive Director of the Community Development Commission but with the demise of the functions of the Commission the signing authority becomes the responsibility of the City Manager. 6. The original document contained information pertinent to activities performed under Tax Increment Low/Mod Set Aside funding which are no longer relevant and have been removed from the document. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT VIEETING DATE: ,September 18, 2012 AGENDA ITEM NO. ',16 ITEM TITLE: 'Follow up report regarding lifting of the current moratorium on pawn, precious metal dealing and second hand businesses PREPARED BY: 'Martin Reeder, AICP DEPARTMENT: Pla PHONE: I619-336-4313 APPROVED BY: EXPLANATION: On August 2, 2011, the City adopted a 45-day moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments. The moratorium was extended on September 6, 2011 for an additional 10 months and 15 days, and then for an additional year on July 17, 2012. The moratorium is set to expire July 31, 2013. At the July 17, 2012 meeting, Council stated that the moratorium could potentially be lifted sooner if appropriate amendments could be made to the Land Use Code. The attached background report discusses the matter in detail. The amendment will be considered by the Planning Commission at a public hearing prior to returning to Council for approval, consistent with Planning and Zoning Law. FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: IN/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and File the attached report.. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ',Background Report BACKGROUND REPORT The following information is in relation to potential Code amendments that would be needed prior to lifting the moratorium. Even if no action is taken at this time to modify the Code, modifications will still be necessary prior to July of next year. The current Land Use Code section related to pawn shops, secondhand dealers and precious metal dealing businesses is as follows: 18.30.320 - Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. A. Restrictions. 1. No pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within 2,000 feet of another such business. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones. 3. No pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. 4. A conditional use permit is required. 5. A pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals which provides payday lending is not exempt from the regulations of payday lenders. This Code section was included as part of the recent Land Use Update. Pawn Shops Pawn businesses are allowed in the Commercial, Mixed -use, and Industrial zones subject to Section 18.30.320. There are currently six pawnshops in National City, which equates to roughly one outlet per 10,000 residents. Name Address CUP We Lend More 133 E 8th St N Simon & Simon 139 E 8th St N Express Financial Services 1050 Highland Ave Y Monte de Piedad 2720 Plaza Blvd Y Monte de Piedad 604 Highland Ave Y Roberto's Jewelry & Pawn 560 Highland Ave Y There has been a 200% increase in pawn businesses since the 1980's, with most of the increase occurring between 2008 and 2011. This has led to concerns related to overburdening Police Department staff with tracking reporting requirements. In addition, the rapid increase occurring prior to 18.30.320 being enacted has resulted in concentrations of the use, contrary to current Code requirements — the first two outlets in the table above are adjacent to each other and the last two across the street from each other. This concentration of pawnshops also affects community character through saturation of the use and other effects such as large and bright signage. Although there are existing regulations concerning pawn shops as noted above, it may also be appropriate, given the potential drain on staff resources, to limit the number of pawn shops allowed within the City to those existing today (six). This would allow more effective monitoring of businesses and the reporting of inventory. Limiting the number of outlets would be consistent with how Payday lenders are regulated; they are limited to 12 in the City. Gold buying/Precious metal dealing The second type of business included in the moratorium is precious metal dealing. Precious metal dealers are also allowed in the Commercial, Mixed -use, and Industrial zones subject to Section 18.30.320. Two of the pawn businesses above (2720 Plaza and 560 Highland) have specific gold buying approvals in their CUP approval. Monte de Piedad at 604 Highland Avenue may be buying gold as an accessory use to their pawn business (per a previous staff determination that gold buying was an allowed accessory use to a pawn shop). In addition, two CUP's for gold buying were issued prior to the moratorium: Name Address The Check Cashing Place 1539 Plaza Blvd Cash for Gold/Gold Rush Westfield Plaza Bonita Businesses that purchase precious metals are already subject to the same reporting requirements as pawnshops by the state. Furthermore, the requirement for a CUP allows the City to place additional conditions on these licenses. Again, although there are existing regulations concerning precious metals dealers, it may also be appropriate, given the potential drain on resources, to limit the number of standalone businesses (e.g. gold buyers) allowed within the City to those existing today (two). This would again allow more effective monitoring of businesses and the reporting of inventory. Recent discussions on precious metals have generated the question of dealing with precious metals and jewelry that is traded in or sold for credit towards a future purchase. It can be seen that a jewelry store could foreseeably offer a program for trading older items for something newer or for offering credit towards another purchase. In fact, this is common practice in jewelry and similar businesses, particularly for companies such as Leo Hamel, mentioned above. According to the Department of Justice, taking in any used items requires a secondhand dealer license. The Business & Professions Code (B&P) defines a secondhand dealer as an entity that deals (buys, sells, trades, etc.) "secondhand tangible personal property", which is further defined as property bearing a serial number or personalized initials or an inscription, property taken as security for a loan by a pawnbroker, and secondhand property commonly sold by secondhand dealers and found by crime reports to the Attorney General's office to constitute a significant class of stolen goods. All secondhand dealers are also required by the State to report all items handled to the local law enforcement agency on the following business day. In order to bolster the existing Code, it may be pertinent to add language to the Land Use Code defining 'secondhand dealer' consistent with B&P, requiring a secondhand dealer license for all used item transactions, for state -mandated reporting requirements to be met, and for the activity to be accessory to a legitimate business that sells the item(s) in question as its primary business function. Given these strict requirements, taking in items for trade or credit could be allowed by right as an accessory use to a legitimate business. These businesses would also be held to current code standards for secondhand dealers (not within 2,000 feet of another such establishment, not east of I-805, etc.) as noted in 18.30.320. Pawnshops that take in jewelry are already subject to their own restrictions levied by the state for pawnbrokers. Secondhand dealers Although there have been many discussions about secondhand dealers of late, most of the discussion has revolved around gold buying, as discussed above. This is consistent with PD concerns that focus on recovery of stolen property. The moratorium is a 'blanket' prohibition that includes other businesses such as thrift stores, used clothing stores, used furniture stores, etc., which do not have the same type of concerns. However, there was no discussion on the part of the Council concerning the specific types of businesses the moratorium would apply to. Staffs position has been to follow the definition in the Business & Professions Code (see above), given that the intent of the moratorium was, among other things, to prevent stolen goods from being disposed of through non -regulated establishments. As such, following the B&P Code definition would exclude thrift stores, used clothing stores, used furniture stores, etc. from the moratorium, allowing flexibility for legitimate businesses. Another situation that has arisen lately is for electronics outlets and video game stores (among others) to offer trade-ins for video game consoles, games, computers, phones, etc. Used electronic equipment has also been purchased by kiosk -based businesses in Westfield Plaza Bonita. Some of these kiosks do not check ID or follow state guidelines for reporting the purchase of used equipment, providing a potential avenue for disposing of stolen property. As a purchaser/trader of used items, these businesses are required to be secondhand dealers and follow state requirements. Those not following this path are in violation of both City and state codes as well as the City's moratorium. There is, however, a difference between an outlet such as Best Buy, Game Stop, or Radio Shack (all of which are operating at Westfield Plaza Bonita) offering trade-ins for credit towards new purchases and kiosks that purchase items for cash. The trade-in model is similar to jewelers trading -in old jewelry for new as discussed above. However, the kiosk scenario would be subject to a CUP and secondhand dealer regulations should the moratorium be lifted. Summary To summarize, staff is suggesting that the following Code language be modified/added prior to the moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments being lifted or expiring: • Place a numerical limit on the number of pawnshops allowed in the City. • Define 'secondhand dealer' in the Land Use Code Glossary consistent with the definition contained in the Business and Professions Code. • Define 'tangible personal property' in the Land Use Code Glossary consistent with the definition contained in the Business and Professions Code. • Require a secondhand dealer license for all pawnbrokers and secondhand dealers. • Require that all pawnbrokers and secondhand dealers abide by state -mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code. • Allow legitimate licensed businesses to offer trade-in programs for items that they sell as their primary function (e.g. jeweler store accepting old jewelry for credit towards new, or electronic retailer offering credit for old video games towards the cost of a new game or console). The draft amended version of Title 18 Section 18.30.320 reads as follows: 18.30.320 - Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. A. Restrictions. 1. No pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within 2,000 feet of another such business. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones. 3. No pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. 4. A conditional use permit is required. 5. A pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals that provides payday lending is not exempt from the regulations of payday lenders. 6. No more than six pawnshops shall be allowed within National City. 7. No more than two secondhand dealers (as defined by the Business & Professions Code) goods establishments shall be allowed within National City. a. A legitimate licensed business may offer a trade-in program for items that they sell as their primary function (e.g. jewelry, electronics, or other "secondhand tangible personal property"). 8. All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand dealer license and shall abide by state -mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code. a. These requirements shall also be required of retail businesses that offer trade-ins or credit for secondhand tangible personal property. Furthermore, the following additional terms would be included in the Glossary: Secondhand Dealer. A "Secondhand Dealer" means and includes any person, co- partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property, as defined by the California Business & Professions Code. Secondhand tangible personal property. " Secondhand tangible personal property" includes, but is not limited to, all secondhand tangible personal property that bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription, as defined by the California Business & Professions Code. MEETING DATE: City of National City COUNCIL AGENDA STATEMENT September 18, 2012 ITEM TITLE: UPDATE ON THE 125th ANNIVERSARY PICNIC AGENDA ITEM NO. 17 PREPARED BY: Lauren Maxilom DEPARTMENT Commu Services (619) 336-4289 EXPLANATION: National City will celebrate its 125th birthday by hosting a community picnic on Saturday, September 22nd from 1 lam- 3pm in Kimball Park. This event is made possible by our generous sponsors; the Port of San Diego, City of National City and the National City Chamber of Commerce. The event will include food & concession sales by the National School District and Sweetwater High as a fundraising opportunity. Some of the food one can expect at the event will be Mexican and America favorites including pizza, hamburgers, hotdogs, carne asada and quesadillas in addition to an old fashioned root beer float garden. The City stage will be full of entertainment throughout the entire day with musical performances by the National City Community Concert Band, Sweetwater Mariachi, and Barbershop Quartet. Karate and Ballet Folklorica demonstrations will round out the entertainment for all ages. You won't want to miss out on the old fashion Spelling Bee competition that will kick off the entertainment for the day! The YMCA is coordinating all the Field Day activities and all ages are encouraged to participate from toddlers to sen- iors. There will be plenty of activities for all ages including a family tug of war competition, 3 legged races, egg races, and a watermelon eating contest. Residents will also have the opportunity to enjoy for FREE some old time favorites including a dunk tank, can toss, photo booth, and creating a period themed hat from the era! The picnic will also feature a large tent that will house all the historical items throughout the years including photos, books, and household items from the late 1800 & early 1900's. The National City Historical Society will be in atten- dance wearing turn of the century themed attire. The National City Public Art Committee has partnered with the Na- tional School District to hold an art contest in the tent. Winners will be announced during the closing ceremonies. A local non-profit; A Reason to Survive will open their doors in community tours and registration. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Receive and file. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Entertairunent Schedule 2. Event Map 3. 125th Budget J September 18, 2012 City Council Staff Report — 125a' Anniversary Event National City will celebrate its 125th birthday by hosting a community picnic on Saturday, September 22" d from 1 lam-3pm in Kimball Park. This event is made possible by our generous sponsors; the Port of San Diego, City of National City and the National City Chamber of Commerce. The event will include food & concession sales by the National School District and Sweetwater High as a fundraising opportunity. Some of the food one can expect at the event will be Mexican and America favorites including pizza, hamburgers, hotdogs, carne asada and quesadillas in addition to an old fashioned root beer float garden. The City stage will be full of entertainment throughout the entire day with musical performances by the National City Community Concert Band, Sweetwater Mariachi, and Barbershop Quartet. Karate and Ballet Folklorica demonstrations will round out the entertainment for all ages. You won't want to miss out on the old fashion Spelling Bee competition that will kick off the entertainment for the day! The YMCA is coordinating all the Field Day activities and all ages are encouraged to participate from toddlers to seniors. There will be plenty of activities for all ages including a family tug of war competition, 3 legged races, egg races, and a watermelon eating contest. Residents will also have the opportunity to enjoy for FREE some old time favorites including a dunk tank, can toss, photo booth, and creating a period themed hat from the era! The picnic will also feature a large tent that will house all the historical items throughout the years including photos, books, and household items from the late 1800 & early 1900's. The National City Historical Society will be in attendance wearing turn of the century themed attire. The National City Public Art Committee has partnered with the National School District to hold an art contest in the tent. Winners will be announced during the closing ceremonies. A local non-profit; A Reason to Survive will open their doors to the community for tours and registration at the National City Arts Center. 125th Anniversary Picnic Performance Schedule Main Stage Dance Floor v Field Day Activities 11:00 am — 11:15 am Opening Sweetwater Marching Band Ceremonies 11:15 am —11:55 am Spelling Bee 11:30 — 12:00 pm Registration Tentative 11:55-12:15 Proclamations 11:55 am —12:10 pm Karate demo 12:00 pm — 12:30 pm Watermelon eating contest 12:10 pm —1:00 pm Community Concert Band 12:30 pm —1:00 pm Three legged race 1:00 pm —1:15 pm Ballet Folklorico 1:00 pm — 1:30 pm Wheelbarrow races 1:15 pm — 2:00 pm Sweetwater Mariachi 1:30 pm — 2:00 pm Egg on a spoon race 2:00 pm -2:20 pm Young Audiences 2:00 pm — 2:30 pm Family Tug o War 2:20 pm- 2:50 pm Barber Shop Quartet 2:50 pm — 3:00pm Closing Ceremonies Total Budget Port of San Diego City of National City NC Chamber 125th Anniversary Picnic CHE contract Budget $25,000 $15,000 $10,000 ($12,000) EVENT BUDGET $38,000 Entertainment $16,595 Musical Performances/Bands/Entertainers Roaming Entertainers Stilt walker Juggler Living Music Box Photographer Games High Striker Skee Ball Dunk tank Fortune Teller Love Tester Can Smash Western Hat Toss Cow Milking Contest Giant Tricycles Rodeo Ropers Fun house mirrors Giant Jenga Giant Tic Tac Toe Art Activity Coloring Book Wall Quilt Create your own hat Photo Booth Advertisements $7,875 Penny Saver Printing flyers (inserts) * Union Tribune Insert * Filipino Press Insert * Star News Insert Banners City Charges $5,336 Promotional Materials $3,775 T Tshirts/ Picnic Blankets/ Passport/Stickers Miscellaneous $2,396 Tent/ Dance floor/ Restrooms/ Trophies/ T Table cloths/ Water/ Watermelon etc. TOTAL $35,977 $2,023 125th anniversary picnic map- Kimball Park 5 IEETING DATE: COMMUNITY DEVELOPMENT COMMISSION HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AGENDA STATEMENT September 18, 2012 AGENDA ITEM NO. 18 ITEM TITLE: Resolution declaring that the George H. Waters Nutrition Center flood constitutes an emergency and authorizes the City Manager to procure the necessary contractual services, equipment, materials, and supplies without giving notice for bids to award contracts to replace the fire suppression water line, and ratification of previous actions taken to address emergency issues as a result of the rupture of the fire suppression line. (ITEM REQUIRES 4 OF 5 VOTES) PREPARED BY: Alfredo Ybarr PHONE: 619 336-4279 DEPARTMENT: Housing and Grants APPROVED EXPLANATION: On July 31, 2012, a 6-inch fire suppression line ruptured resulting in major flooding of the Nutrition Center and adjacent area. On an emergency basis, a temporary above -ground fire suppression water line was designed, installed, and completed on August 14`h, 2012, allowing water restoration to the fire suppression line. The temporary fire suppression line is regarded as a temporary solution until a permanent solution is completed. A permanent solution now needs to be designed and installed to ensure adequate water service to the Morgan Tower fire suppression line. The National City Fire Marshall is requesting the completion of the permanent fire suppression line by September 30th, 2012. If approved, the resolution would 1) ratify previous actions by staff to purchase contract services for the installation of a temporary fire suppression line and 2) make a finding based on substantial evidence set forth in the background report, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS None ENVIRONMENTAL REVIEW: N/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt a resolution declaring that the George H. Waters Nutrition Center flood constitutes an emergency and authorizes the City Manager to procure the necessary contractual services, equipment, materials, and supplies without giving notice for bids to award contracts to replace the fire suppression water line, and ratification of previous actions taken to address emergency issues as a result of the rupture of the fire suppression line. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Background Report BACKGROUND REPORT On July 31, 2012 a six-inch diameter steel water service line that supplied water to the fire sprinkler system of Morgan Tower burst underground where it passed under the southwest corner of the Nutrition Center. The rupture caused significant flood damage to the offices, kitchen, dining area and adjacent parts of the Morgan Tower lobby and resident manager's living area. More significantly, from a Health and Safety standpoint, the burst pipeline resulted in the Toss of water flowing into the Morgan Tower fire sprinkler system thus leaving the nine -story 150 unit senior housing complex without the required fire protection. Temporary Emergency Above -Ground Fire Sprinkler Line. Acting on the best interests of the tenants and to limit, as quickly as possible, liability on the City it was determined, in concert with the Fire Marshall, the Morgan Tower's Asset Manager, the City Manager and City Attorney, that a quick temporary solution to the water supply should be found. This action was supported by the following section from the California Fire Code: 901.7 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. While staff proceeded with an expedited search for a temporary pipeline repair, the Property Management firm, at the direction of the Fire Marshall, engaged a firm to provide the required Fire Watch services. A total of three firms were contacted (Metro Fire, Cosco Fire Protection and Schmidt Fire Protection Company) to provide the emergency repair service. Metro Fire was contacted first through an existing relationship to the City but proved unable to satisfy the scope of work. The other two contractors both submitted proposals and Cosco Fire Protection was selected based on cost and ability to meet the emergency schedule. While a week was lost working with Metro Fire, Cosco Fire Protection completed the project from engagement to completion within a week's time. The cost of this emergency fix was $16,314. Formal authorization is requested to retroactively memorialize this emergency repair. Permanent Underground Fire Sprinkler Line Installation The above ground temporary fix to the fire sprinkler supply line riser has been completed. However, in order for the system to be fully functional it requires that a NCFD Pumper Truck be integrated into the temporary system to ensure that constant pressure to the fire sprinkler heads is maintained throughout the entirety of Morgan Towers. The temporary fix is not to be considered sufficient to meet Fire Code requirements because it doesn't return the system to its original normal and operational condition. This situation requires immediate action as per the citation below: fCalifornia Code of Regulations, Title 19, Division 1, Sec.3.241 Maintenance of Equipment All fire alarm systems, fire detection systems, automatic sprinkler or extinguishing systems, communication systems and all other equipment, material or systems required by California Code of Regulations, Title 19, Division 1 shall be maintained in an operable condition at all times. Upon disruption or diminishment of the fire protective qualities of such equipment, material or systems, immediate action should be instituted to effect a reestablishment of such equipment, material or systems to their original normal and operational condition. Despite the temporary fix, which solved the evacuation concern stated above (901.7 Systems out of service), the situation still represents a Health and Safety threat to the tenants of Morgan Tower and a significant risk management issue for the City and should be considered a threat emergency and the need for repairs should be considered emergency in nature and contracted for accordingly using the process enumerated in the California Public Contract Code Section 2250 whereby, in this case, Council "makes a finding based on substantial evidence set forth in the minutes of its meeting that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency." This finding will memorialize the prior temporary repair as being authorized and allow staff to quickly solicit bids from the two responsive prior bidders on the above ground temporary fix so that an "immediate action can be instituted to effect a reestablishment of ....systems to their original normal and operational condition" (see fCalifornia Code of Regulations, Title 19, Division 1, Sec.3.241 Maintenance of Equipment above.) Insurance Funded Flood Repairs The insurance company providing property insurance to the Property Management firm managing Morgan and Kimball Towers worked directly with ServPro, a flood clean up company, and Lavin Construction, a general contractor specializing in insurance repair work, to perform the necessary demolition and clean up and follow up repairs to return the flood damaged areas to a fully functional condition. The City is not responsible for overseeing the work or providing compensation for said work but, as owner, is required to authorize the actions as per insurance practices wherein the owner is typically the entity purchasing the insurance coverage. In this case, we require the property management company to provide insurance. Today's action will memorialize the City's understanding of this relationship and allow the final restoration work to be completed. RESOLUTION NO. 2012 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY DECLARING THAT THE GEORGE H. WATERS NUTRITION CENTER FLOOD CONSTITUTES AN EMERGENCY, AUTHORIZING THE CITY MANAGER TO PROCURE THE NECESSARY CONTRACTUAL SERVICES, EQUIPMENT, MATERIALS, AND SUPPLIES, WITHOUT GIVING NOTICE FOR BIDS TO AWARD CONTRACTS, TO REPLACE THE FIRE SUPPRESSION WATER LINE, AND RATIFYING PREVIOUS ACTIONS TAKEN TO ADDRESS EMERGENCY ISSUES AS A RESULT OF THE RUPTURE OF THE FIRE SUPPRESSION LINE WHEREAS, a pipeline break of the Morgan Tower fire suppression water line occurred on July 31, 2012, suddenly and unexpectedly causing a major flood to the George Water Nutrition Center and adjacent area; and WHEREAS, preliminary investigation found that a temporary above -ground fire suppression water line was immediately needed to service the Morgan Tower sprinkler system to avoid any temporary displacement of residents; and WHEREAS, temporary above -ground fire suppression water line was completed on August 14, 2012; and WHEREAS, pursuant to the National City Fire Marshall, the emergency temporary fire line provides a small degree of fire sprinkler protection to the units, but is temporary in nature; and WHEREAS, the California Fire Code, Life Safety Code, and California Code of Regulations all require a prompt correction and repair of deficiencies to meet code; and WHEREAS, the Fire Marshal, is requiring the permanent repair be completed by September 30, 2012, due to the threat to the tenants during a fire; and WHEREAS, the deadline of September 30, 2012, does not provide sufficient time to go through the steps of the California Public Contract Code, including the public bid and contract award process; and WHEREAS, the pipeline break of the fire suppression line at Morgan Tower has created a situation that meets the definition of emergency under the California Public Contract Code. NOW, THEREFORE BE IT RESOLVED that the Community Development Commission — Housing Authority of the City of National City that the pipeline break of the Morgan Tower fire suppression line constitutes an emergency. BE IT FURTHER RESOLVED that the Community Development Commission — Housing Authority hereby ratifies any previous immediate actions to resolve the emergency. BE IT FURTHER RESOLVED by the Community Development Commission — Housing Authority that based on the temporary nature of the above -ground suppression line, the threat to the safety of the residents at Morgan Tower, and the Fire Marshall's requirement to have a permanent repair completed by September 30, 2012, the Community Development Commission — Housing Authority finds that the emergency will not permit the delay resulting from a formal bid process. Resolution No. 2012 — Page Two BE IT FURTHER RESOLVED that the Community Development Commission — Housing Authority hereby delegates authority to the City Manager to order any and all actions required by the emergency, and to procure the necessary equipment, services, and supplies for repair and or replacement of equipment and supplies, without giving notice for bids to award contracts. PASSED and ADOPTED this 18th day of September, 2012. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel _ETING DATE: COMMUNITY DEVELOPMENT COMMISSION HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AGENDA STATEMENT September 18, 2012 AGENDA ITEM NO. 19 ITEM TITLE: Resolution appropriating $300,000 from Kimball Tower replacement reserve account to complete Nutrition Center repairs and improvements not covered by the insurance carrier. PREPARED BY: Alfredo Ybarra PHONE: 619 336-4279 DEPARTMENT: Housing and Grants APPROVED BYt EXPLANATION: On July 31, 2012, a 6-inch fire suppression line ruptured resulting in major flooding of the Nutrition Center and adjacent area. As a result of the flood and the subsequent clean-up effort, various health and safety code items were exposed that will require repair or replacement. If approved, the resolution would appropriate up to $300,000 to allow kitchen repairs and improvements not covered by the property insurance carrier from the Kimball Morgan replacement reserve account. As of June 30, 2012, the Kimball Tower Replacement Reserve account balance is $1,203,000. There will be no fiscal impact to the City General Fund. FINANCIAL STATEMENT: APPROVED: h_ Finance ACCOUNT NO. APPROVED: . ! MIS Funds for this request are unbudgeted. The funding source is the Kimball Tower Replacement Reserve Account with a fund balance of $1,203,000. It is anticipated this action will result in up to $300,000 in current year costs. There will be no fiscal impact to the City of National City General Fund. ENVIRONMENTAL REVIEW: N/1 OR INANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt a resolution appropriating $300,000 to allow kitchen repairs and improvements not covered by the property insurance carrier from the Kimball Morgan replacement reserve account. BOARD / COMMISSION RECOMMENDATION: LTTAC H M E NTS: Background Report BACKGROUND REPORT FOR THE RESOULTION APPROPRIATING UP TO $300,000 FROM KIMBALL TOWER REPLACEMENT RESERVES FOR NUTRITION CENTER UPGRADES, REPAIRS AND BUILDING CODE RENOVATIONS The significance of this request is that it requests approval to use Replacement Reserve funds from Kimball Tower to pay for repairs, upgrades and renovations to the Nutrition Center portion of Morgan Tower. The reasoning behind this request is twofold. First, the Replacement Reserve fund for Morgan Tower is a HUD restricted fund that contains, as of June 30, 2012, approximately $375,000 of which $225,000 is currently budgeted in the CIP program for roofing and HVAC replacement on Morgan Tower itself and, from a Capital Needs Assessment performed in April 2011, another $175,000 is projected to be needed in the near future to replace the aging boilers which supply hot water to the entire building. In addition, HUD requires a margin be kept in the Replacement Reserve account and diminishing the account for the repairs listed below for the Nutrition Center would not pass HUD scrutiny. Secondly, and most importantly, the Replacement Reserve account for Kimball Tower has, as of June 30, 2012, a balance of $1,203,000 and those funds are not restricted by HUD since Kimball Tower is not under any regulatory agreements constraining the use of those funds. The use of these funds for the Nutrition Center will not diminish the Kimball Tower Replacement Reserve account to the extent that there would not be enough funds for significant emergency repairs to be performed if the need arises while, at the same, programming for future capital repairs. The following items represent the major expenditures related to extending the life of the Nutrition Center well into the future and limiting ongoing, un-programmed maintenance and repair costs. Significant Structural Problems Unrelated to Flood Damage Exposed During Flood Remediation Work: • Significant moisture damage to a structural steel post and adjacent metal studs and base plate on the wall between the boiler room and kitchen where the freezer and refrigerator are and moisture damage to metal studs and base plate on the wall between the kitchen and the manager's residence. Estimated Cost is $22,000. • Mold on the back side of the drywall along the wall between the kitchen and the manager's residence. Estimated cost is $4,000. • Bad waste line fitting from dishwasher behind wall in location above. Estimated cost is included above. Replacement of Obsolete HVAC and Refrigeration Equipment: • The walk-in refrigerator is original equipment and over 30 years old and well past its lifespan and should be replaced. A similarly aged freezer was replaced in 2010. Upon discovering the structural problems noted above when walls were opened up after the flood it was obvious that condensation leaks from the freezer, prior to its replacement in 2010, had contributed to the structural damage and that the refrigerator had a contributory impact which will probably grow over time as its condensers and motors continue to wear out. Estimated cost is $40,000. • The roof mounted ventilation unit (which also is part of the fire suppression system) is also over 30 years old and should be replaced. Estimated cost is $8,000. • The roof mounted HVAC unit is over 30 years and should be replaced. Estimated cost is $9,500. Nutrition Center Roofing Replacement • The roofing on the Nutrition Center is past its lifespan and should be replaced as a part of any Nutrition Center Upgrade. Estimated cost is $17,000. Building Code Required Upgrade • The waste disposal piping does not meet current building codes and National City ordinances related to disposing of kitchen generated grease into the sewer system and will require a major renovation to include the installation of a grease interceptor device and re -plumbing of a toilet waste line to avoid contamination of recoverable/recyclable grease. The estimated cost (provided without benefit of design parameters) is $65,000. General Kitchen Equipment Upgrade Allowance • Based on a cursory review of the age and condition of the current kitchen equipment (stoves, ovens, fryers, dishwasher, faucets, steam tables, drink dispensers, etc.) there should, pending a complete review, an allowance for replacement and repair. The estimated cost is $28,500. First Phase Temporary Emergency Fire Sprinkler Line Installation and Ancillary Costs • In the immediate aftermath of the July 31, 2012 flood there were several costs, most notably the installation of the emergency fire sprinkler line, related to providing for the safety and security of the tenants of Morgan Tower. These costs are approximately $26,000. Permanent Replacement of Fire Sprinkler Line • The estimated cost to replace the failed fire sprinkler line is $40,000. *The total estimated cost for these items, including a 15% contingency, is $300,000.* RESOLUTION NO. 2012 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY APPROPRIATING FUNDS IN THE AMOUNT OF $300,000 FROM THE KIMBALL TOWER REPLACEMENT RESERVE ACCOUNT TO COMPLETE THE REPAIRS AND IMPROVEMENTS AT THE NUTRITION CENTER THAT ARE NOT COVERED BY INSURANCE WHEREAS, on July 31, 2012, a six-inch fire suppression line ruptured resulting in major flooding of the Nutrition Center, located 1415 "D" Avenue, and the adjacent area; and WHEREAS, as a result of the fold and the subsequent clean-up, various health and safety issues were exposed that require repair or replacement; and WHEREAS, an appropriation in an amount not to exceed $300,000 from the Kimball Tower Replacement Reserve Account is necessary to fund the kitchen repairs and improvements not covered by the property insurance. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission — Housing Authority of the City of National City hereby approves the appropriation of an amount not to exceed $300,000 from the Kimball Tower Replacement Reserve Account to fund the Nutrition Center kitchen repairs and improvements not covered by the property insurance PASSED and ADOPTED this 18th day of September, 2012. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel ITEM #20 9/18/12 CLOSED SESSION REPORT (CITY ATTORNEY)