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2013 06-18 CC HA AGENDA PKT
RONMORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOY AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JUNE 18, 2013 — 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body Tess than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. 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 CC/CDC Agenda 6/18/2013 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacidn 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. CC/CDC Agenda 6/18/2013 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS 1. Recognizing Haner Velasquez and Juan J. Lopez for their lifesaving efforts. (Police Chief Manuel Rodriguez) 2. Employee of the Quarter 2013 - Paul Hernandez, Police Officer 3. San Diego Unified Port District Update. (Robert "Dukie" Valderrama) 4. Update on Alliant University - Dr. Edward Brand, Superintendent, Sweetwater Union High School District 5. San Diego County Water Supply: Improving Reliability and Long -Term Cost Certainty (San Diego County Water Authority) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 6. Approval of the Minutes of the Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 30, 2013 and Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of May 21, 2013. (City Clerk) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute an order of vacation for portions of the public rights -of - way on Hoover and Harding Avenue for the Westside Infill Transit Oriented Development, Paradise Creek Affordable Housing Partners, L.P. (Case File No. 2012-04-LS, SC) (Planning) CC/CDC Agenda 6/18/2013 — Page 4 8. Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2013/14. (Planning) 9. Resolution of the City Council of the City of National City approving the Annual Report for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2013/14. (Planning) 10. Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing and to levy and collect assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for fiscal year 2013/14. (Planning) 11. Resolution of the City Council of the City of National City accepting the work performed by Zasueta Contracting, Inc. for the total final contract amount of $76,192.00, ratifying the Notice of Completion filed with the County Recorder on May 28, 2013, and authorizing the release of the retention in the amount of $3,809.60 for the National City Shade Shelter that protects the apparatus stored at the Fire Department Station No. 34 located at 343 E. 16th Street. (Engineering) 12. Resolution of the City Council of the City of National City authorizing the Mayor to sign the Second Amendment to the Agreement by and between the City of National City and American Medical Response, Inc. to continue to provide basic and advanced life support ambulance transportation services effective July 1, 2013 for a period of two years. (Fire) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Willis Insurance Services of California, Inc. for insurance brokerage services effective July 1, 2013 for a period of two years with the ability to extend by one year increments for up to an additional three years. (Human Resources) 14. Resolution of the City Council of the City of National City approving a salary schedule for the Confidential employee group for fiscal year 2013- 2014 in compliance with the requirements of the California Public Employee's Retirement System (CalPERS). (Human Resources) 15. Resolution of the City Council of the City of National City approving a salary schedule for the Police Officers' Association employee group for fiscal year 2013-2014 in compliance with the requirements of the California Public Employee's Retirement System (CalPERS). (Human Resources) 16. Resolution of the City Council of the City of National City approving a salary schedule for the Municipal Employees' Association employee group for fiscal year 2013-2014 in compliance with the requirements of the CC/CDC Agenda 6/18/2013 — Page 5 California Public Employee's Retirement System (CaIPERS). (Human Resources) 17. Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters' Association employee group for fiscal year 2013-2014 in compliance with the requirements of the California Public Employee's Retirement System (CaIPERS). (Human Resources) 18. Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for fiscal year 2013- 2014 in compliance with the requirements of the California Public Employee's Retirement System (CaIPERS). (Human Resources) 19. Resolution of the City Council of the City of National City approving a salary schedule for the Executive employee group for fiscal year 2013- 2014 in compliance with the requirements of the California Public Employee's Retirement System (CaIPERS). (Human Resources) 20. Resolution of the City Council of the City of National City declaring the City of National City a "Live Well, San Diego!" City. (City Manager) 21. Warrant Register #46 for the period of 05/08/13 through 05/14/13 in the amount of $1,129,983.25. (Finance) 22. Warrant Register #47 for the period of 05/15/13 through 05/21/13 in the amount of $266,398.40. (Finance) 23. Temporary Use Permit - National Night Out on August 6, 2013 from 5:00pm to 8:00pm at Las Palmas Pool. This is a National City sponsored event per City Council Policy #804. (Neighborhood Services) PUBLIC HEARINGS 24. Weed Abatement Public Hearing. (Fire) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 25. Resolution of the City Council of the City of National City 1) awarding a contract in the not to exceed amount of $3,709,079.35 for base bid to PAL General Engineering, Inc. for the 8th Street Smart Growth Revitalization Project, Specification Number 12-13; 2) authorizing a 15% contingency in the amount of $556,362 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (CIP Project funded by Smart Growth Grant, SR2S Grant, Gas Tax and Proposition "A"). (Engineering) CC/CDC Agenda 6/18/2013 —Page 6 26. Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for the fiscal year 2013-2014 of $50,310,858. (Finance) 27. Resolution of the City Council of the City of National City adopting a budget for the 2014 fiscal year and a strategic plan for 2013-2018. (Finance) NEW BUSINESS 28. Temporary Use Permit - Halloween Retail Tent hosted by Halloween Tyme LLC at Westfield Plaza Bonita Mall from August 25, 2013 thru November 8, 2013 with no waiver of fees. (Neighborhood Services) 29. Request to use Martin Luther King Jr. Community Center (South Room) by National City Rotary Club, a service organization, for their weekly luncheon meetings on each and every Tuesday of the month for one year, from 12:00 noon to 1:30 pm for approximately 12-15 members. Applicant is requesting a waiver of $1,200 per council policy. (Public Works) **Continued from Council Meeting 6-4-13** 30. Request for City Council Member Appointment to City of National City Anti-Smoking/Tobacco (Smoke -Free) Ad -Hoc Committee. (City Manager) 31. City Council Summer Legislative Recess. (City Manager) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY 32. Resolution of the Community Development Commission Housing Authority of the City of National City adopting the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2013-2014. (Housing and Grants) PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 33. Ballot Measures: Proper and Improper Expenditures of Public Funds. (City Attorney) 34. Camp WINGS Update. (Library) 35. CDBG Home Allocation Update. (Housing & Grants) MAYOR AND CITY COUNCIL CC/CDC Agenda 6/18/2013 — Page 7 CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - July 2, 2013 - 6:00 p.m. - Council Chambers - National City, California. ITEM # 1 6/18/13 RECOGNIZING HANER VELASQUEZ AND JUAN J. LOPEZ FOR THEIR LIFESAVING EFFORTS (POLICE CHIEF MANUEL RODRIGUEZ) ITEM #2 6/18/13 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM Date: May 6, 2013 TO: Stacey Stevenson Director of Human Resources FROM: Chief Manuel Rodriguez SUBJECT: Officer Paul Hernandez Employee Recognition Award RECEIVED MAY 2 8 2013 CITY OF NATIONAL CITY HUMAN RESOURCES DEPARTMENT On February 4, 2013, National City Police Officer Paul Hernandez responded to a radio call of found property, which would later be determined to be critical evidence against the rogue ex -Los Angeles Police Officer Christopher Dorner. Officer Hernandez searched an alley dumpster and found police equipment, which included ammunition, tactical gear, a police notepad, and an LAPD police uniform. Officer Hernandez initiated an investigation to the origins of the equipment. It was during his investigation that significant information surfaced. Officer Hernandez spoke with an LAPD Sergeant who provided information on the owner of the property, a trainee of hers, who was later determined to be the suspect of several murders in the Los Angeles area. The information attained by Officer Hernandez at this point of the investigation was an integral part of a double murder investigation being conducted by the Irvine Police Department. As a result, Irvine Police Investigators came to the National City Police Department to continue their investigation and to take custody of the found property. While at the National City Police Department, Irvine Police Detectives developed sufficient information to name Christopher Dorner as a suspect in their case. A `Be on the Lookout Bulletins" (BOLO) containing Domer's information was disseminated by NCPD detectives to law enforcement personnel in San Diego County and in Tijuana, Mexico. As the investigation continued, additional details regarding Domer's true intentions surfaced in his manifesto and all law enforcement agencies in Southern California were alerted that he was armed and extremely dangerous. Sadly, after the entire incident came to a conclusion days later, Christopher Domer was responsible for the murder of four victims, including two Police Officers, and severely wounding three other Police Officers. The police manhunt for Domer was one of the largest in Southern California, encompassing local, state, and federal agencies. 1 Irvine Police Detective John Sanders praised Officer Hernandez' diligence for following up on the found property located in National City. Detective Sanders described the discovery of the evidence as "a huge break in the case that cannot be overlooked." Irvine Police Lieutenant Julia Engen expressed similar commentary when she referred to Officer Hernandez as a hero. Lieutenant Engen was convinced that most officers in other departments would not have followed up on the found property as diligently as Officer Hernandez did in this case. She expressed her opinion with the Los Angeles media. On the surface, the actions taken by Officer Hernandez may seem routine but due to his diligence and prompt notification, Christopher Dorner was identified as the suspect. Officer Hernandez has been a National City Police Officer for 8 years and is currently a member of the SWAT Team. Officer Hernandez is commended for his diligence, professionalism, and dedication to duty for his work in this case. Manuel Rodriguez Chief of Police 2 ITEM # 3 6/18/13 SAN DIEGO UNIFIED PORT DISTRICT UPDATE (ROBERT "DUKIE" VALDERRAMA) ITEM # 4 6/18/13 UPDATE ON ALLIANT UNIVERSITY DR. EDWARD BRAND, SUPERINTENDENT, SWEETWATER UNION HIGH SCHOOL DISTRICT Item # 5 6/18/2013 San Diego County Water Supply: Improving Reliability and Long -Term Cost Certainty San Diego County Water Authority Item # 6 06/18/13 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 30, 2013 AND REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MAY 21, 2013. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 7 ITEM TITLE: !Resolution — Authorization to execute an order of vacation for portions of the public rights -of -way on Hoover Avenue and Harding Avenue for the Westside Infill Transit Oriented Development, Paradise Creek Affordable Housing Project. Applicant: Paradise Creek Housing Partners, L.P. (Case File No. 2012-04 LS, SC). PREPARED BY: Raymond Pe PHONE: 619-336-4421 EXPLANATION: DEPARTMENT: Adva APPROVED B lanning On August 21, 2012, the City Council approved the street vacation request for portions of the public rights -of -way on Hoover Avenue and Harding Avenue in conjunction with a Tentative Parcel Map for the Westside Infill Transit Oriented Development (WI-TOD) Paradise Creek Affordable Housing Project. Adoption of the resolution would authorize the Mayor to execute the order of vacation. The Planning Commission held a public hearing on May 21, 2012 and determined that the proposed street vacation is in conformance with the General Plan. The City Council held a public hearing to consider the Planning Commission's determination along with the staff report and any evidence offered by interested persons at the hearing. The background report describes the street vacation in detail. The proposed project is a 201-unit affordable housing development on the site of the current Public Works Yard on the east side of Paradise Creek and includes the expansion of Paradise Creek Educational Park on the west side of the creek. The area of Hoover Avenue proposed to be vacated is the westerly 14-feet (approx.) of the right-of-way along the length (approx. 800-feet) of the street segment between 22nd Street and Paradise Creek. The area of Harding Avenue proposed to be vacated is the eastern half of the right-of-way between 22nd Street and Paradise Creek. The proposed street vacations are needed to accommodate the proposed project design. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I APPROVED: !Not Applicable.1 Finance MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street vacation would not result in any changes in land use or density. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Adopt the resolution authorizing the Mayor to execute the order of vacation. BOARD / COMMISSION RECOMMENDATION: Not Applicable ATTACHMENTS: 1. Background Report. I Attachment "1" BACKGROUND REPORT WI-TOD Project Description On May 21, 2012, the Planning Commission approved a tentative parcel map and variance for the Westside Infill Transit Oriented Development (WI-TOD) affordable housing project. The City Council accepted and filed the notice of decision on June 5, 2012. The Planning Commission subsequently adopted a resolution approving a parcel map waiver on May 20, 2013. The project is a proposed 201-unit affordable rental housing development that would be located on the east side of Paradise Creek and the expansion of Paradise Creek Educational Park on the west side of the creek. The project site is approximately 13 acres in size and is generally located south of 19th Street, west of Hoover Avenue, north of 22nd Street, and east of Harding Avenue. The site consists of nine parcels and includes the City Public Works Yard, the former Sun Diego Bus Charters maintenance facility (Illes property), Paradise Creek, and Paradise Creek Educational Park. The site also includes portions of adjacent public rights -of -way that are generally undeveloped. The entire site is owned by the City; however, the housing portion of the site is proposed to be transferred to the Housing Authority. Pursuant to a Disposition and Development Agreement, the developer will be required to enter into a long-term ground lease for the housing site and will manage and operate the housing development, including resident services and programs. The Housing Authority would retain ownership of the housing site. The developer is required to improve the proposed park, which the City will own and maintain. Proposed Street Vacation As part of the planning entitlement applications, the developer filed a request for the vacation of portions of the public rights -of -way to accommodate the WI-TOD project design. On May 15, 2012, the City Council initiated the proposed street vacations, and on May 21, 2012 the Planning Commission held a public hearing and determined that the proposed street vacations are in conformance with the General Plan. On August 21, 2012, the City Council held a public hearing, considered the Planning Commission determination of conformance, and approved the street vacation request. The proposed street vacations would add areas that are included in the 6.3-acre housing development site that would be created by the approved tentative parcel map and parcel map waiver. The proposed street vacations are needed to accommodate the project design. The portion of Hoover Avenue proposed to be vacated is approximately 12,000 square feet in size and consists of the westerly approximately 14-feet of the right-of-way along Page 1 of 8 approximately 800-feet of the street segment immediately north of 22nd Street. This segment of Hoover Avenue between 22nd Street and Paradise Creek is an 80-foot wide right-of-way that is fully developed with two travel lanes, parallel parking allowed on both sides of the street, curbs, gutters, sidewalks, and parkways. The street currently provides access to the Public Works Yard and the vacant Illes property along the west side, and currently provides access to six properties along the east side. Two of the larger parcels on the east side that occupy more than half of the frontage along Hoover Avenue also have full street frontages along Roosevelt Avenue. One of the Tots also has full street frontage along 21st Street. Four smaller lots along the east side of Hoover Avenue have alley access, and two of these have street frontage along 21st Street or 22nd Street. The partial street vacation would not affect access, including utilities, for any of the lots adjacent to Hoover Avenue since street frontages would not be reduced and the proposed project would provide all required off - site improvements. The project would improve the western half of the remaining right-of-way with new street, curbs, gutters, sidewalks, tree wells, and bulb -outs. The project would maintain two travel lanes and parallel parking on both sides of the street by reducing the width of the existing travel lanes. The current roadway is approximately 52-feet wide measured from curb to curb. Because this segment of Hoover Avenue is considered a local street, is relatively short, is not a through street (dead ends), and only serves a few adjacent properties, the appropriate travel lanes for this street segment should not exceed 12 feet in width, and parallel parking need not exceed 7-feet in width, which would result in a preferred curb -to -curb width of 38 feet. The project proposes 8-foot wide parallel parking and 12-foot wide travel lanes for a minimum curb -to -curb width of 40 feet. Reducing the roadway width would result in a more pedestrian -friendly street adjacent to the proposed housing development. In addition, the existing 5-foot wide sidewalk along the west side of the street would be replaced with a 10-foot wide sidewalk with tree wells. These proposed improvements to Hoover Avenue would create a more pedestrian -oriented design that is consistent with the goals and objectives of the Westside Specific Plan. The existing level of public access will be maintained or improved as a result of the proposed vacation of the right-of-way. The area to be vacated is not needed for non -motorized transportation since existing and required improvements would provide for such facilities within the remaining right-of-way. The portion of Harding Avenue proposed to be vacated is the eastern half of the right- of-way between 22nd Street and Paradise Creek. The area proposed to be vacated is approximately 1,925 square feet in size with approximately 39 feet of frontage along 22nd Street and a depth ranging from approximately 24 to 74 feet. This segment of Harding is currently developed with a portion of the parking lot and a driveway for the Public Works Yard. Currently, no public access is provided along this segment. Paradise Creek is located immediately adjacent to the north and precludes the use of Page 2 of 8 this portion of Harding Avenue for any practical public access purpose or other public use and would not be useful as a non -motorized transportation facility. General Plan / Westside Specific Plan Conformity Pursuant to the Streets and Highways Code and the City's street vacation procedures, the Planning Commission held a public hearing on May 21, 2012 and determined that the proposed street vacations are in conformance with the General Plan. The proposed street vacations are located in the Westside Specific Plan, which implements the General Plan for the Westside neighborhood. The Westside Specific Plan identifies this segment of Hoover Avenue as a local street and as a residential/mixed-use corridor. The proposed street vacation for this segment of Hoover Avenue would be consistent with the goals of the specific plan to buffer pedestrians from vehicles; encourage walking, biking, and transit use; and reduce vehicle speeds through traffic calming measures that include narrowing roadway widths and widening sidewalks. The proposed improvements to Hoover Avenue would be consistent with these goals, and this street segment would continue to serve as a fully functioning local street without reducing access to adjacent property or diminishing its capacity for vehicular traffic and other appropriate uses of the public right-of-way. The proposed street vacation would not reduce on -street parking, the number of travel lanes, vehicle carrying capacity, or pedestrian amenities. The Westside Specific Plan includes a buildout circulation network that eliminates the segment of Harding Avenue north of 22nd Street and south of 20th Street to accommodate the proposed park expansion as part of the WI-TOD project. The proposed street vacation for Harding Avenue would be consistent with the buildout plan for this segment. Both proposed street vacations are consistent with the General Plan since they are consistent with the Westside Specific Plan, which is the implementing policy of the General Plan for the Westside neighborhood. The proposed street vacations are also consistent with the broader goals of the General Plan to create complete streets that serve all modes of transportation, increase pedestrian amenities and the pedestrian scale of the neighborhood, and improve overall community design. Page 3of8 LOCATION MAP 40'i 40' 40'TOTH STREET 40' NOT A PART OF THIS SUBDIVISION 40' It 40'I 40' •• 40' _u IVTH STREET 40' 40' NOT A PART OF Ui THIS SUBDIVISION > 1, 82w' 4s 1 40 • • R `s „ • EARDINc e+iirinvA�- • •l11 • TO BE VACATED 40' -r • 40'1 40'• • • • -- STREET 40' • • • i / 40 EOTH STREET 40' ley A.A,y PARCEL 3 WAD SO. R. I.]21 AGES IOE MR-2 MIAT-Ig CORETOR REWRAP, PARCEL 4 11 ASA m. rr. AM ALMS MC OSA WEN SPACE RESERVE HOOVER TO BE DEDICATED PARCEL 1 •0.411 SO Fr. CIO AWES 2WL YW-] YIYT-�14 CDMYEACIAE ItsO0ilut rt� HOOVER TO REYAlN 1 lYnr"lnit • •1 • • • _ • • 1 • • HOOVER • TO BE VACATED. • `���_n1— Titi • ry • TO DE$VAOGTEDVER �ke.a' • 1 • ,14 D:• 40' VA, $OTJ1 ST(2E4_ __ VACATED 1 ; 40' • 1 • • • i • • r6 • A • • ,ip i • I 0 • PARCEL 2 • 1 C ,IN �4 • ]O'E MCA-2 MULT-USE , CONMEAOAI Rm¢*n*C 1 40' •I • i—AAIZ,EPAUli • 40' • I 1 • • • ; k Areas of Proposed Street Vacations • 40' Page 4 of 8 EXHIBIT A-1 A PORTION OF LOTS 13-2 OF BLOCK 86 AND LOTS 13-20 OF LOCK 85 AND LOTS 13-17 OF BLOCK 84 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF 21ST STREET AND HOOVER AVENUE; THENCE .SOUTH 7214'18" WEST 25.21 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 174542" EAST 263.41 FEET TO A CONCAVE CURVE WESTERLY WITH A RADIUS OF 27.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9002'26" AN ARC DISTANCE OF 42.43 FEET; THENCE LEAVING SAID CURVE SOUTH 721 6'45" WEST 24.27 FEET TO A NON TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77'55'20" AN ARC DISTANCE OF 27.20 FEET TO A TANGENT COMPOUND CURVE CONCAVE WESTERLY WITH A RADIUS OF 760.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'0444" AN ARC DISTANCE OF 80.41 FEET; THENCE LEAVING SAID CURVE NORTH 17'47'56" WEST 598.21 FEET ALONG THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 72'04'38" EAST 13.71 FEET; THENCE SOUTH 1748'25" EAST 482.71 FEET'; THENCE NORTH 71'0838" EAST 1.09 FEET TO NE TRUE POINT OF BEGINNING, SEE EXHIBIT "Er SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 12,013 SO. FT. OR 0.28 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER EJ CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 7216'45" EASE. ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPAll R.C.E.33520 DATE UCENSE EXP. 06/302014 EXH. B SHEET 1 OF 2 BY: DSK DATE: 5-31-12 SCALE: AS SHOWN C CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHILL RANCH, CALIFORNIA 92610 T. 949.9113800 F. 949.9183805 VANW.GVC-ING.NET STREET VACATION PORTION OF HOOVER AVENUE SHEET 1 OF 2 EXHIBIT A-2 CURVE TABLE CURVE LENGTH RADIUS DELTA TAN C1 42.43 27.00 90'02'26" 27,02. C2 27.20 20.00 7755'20` 16.17 C3 160.22 760.00 12'Q4'44' 80.41 SCALE: 1" = 50' ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPA1I R.C.E.33520. DATE UCENSE EXP. 06/30/2014 EXH. B SHEET 2 OF 2 BY: DSK DATE: 5-31-12 SCALE AS SHOWN CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING '6. SURVEYING 2715E BURBANK FOOTHLL RANCH, CALIFORNIA 92610 T. 949.016.3800 F. 949.916.3805 WWW.CVC-INC.NET STREET VACATION PORTION OF HOOVER AVENUE SHEET2OF2 EXHIBIT B-1 A PORTION OF LOTS 7-10 OF BLOCK, 107 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF HARDING AVENUE AND 22ND STREET; THENCE NORTHERLY ALONG THE CENTERLINE OF HARDING AVENUE NORTH 1748'28" WEST 40.00 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY OF 22ND STREET; THENCE EASTERLY ALONG SAID RIGHT OF WAY 1.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY 39.00 FEET TO A POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY OF HARDING AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET AND THE NORTHERLY RIGHT OF WAY OF 22ND STREET HAVING A HALF RIGHT OF WAY WIDTH OF 40.00'; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY OF HARDING AVENUE NORTH 1748'28" WEST 74.46 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 20'04'26" WEST 63.51 FEET; THENCE SOUTH 174-8'28" EAST 24.27' TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 1,925 SO. FT. OR 0.04 ACRES, MORE OR LESS. BASIS OF BEARINGS; THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER EJ CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 7216'45" EASE. EXH. B SHEET 1 OF 2 BY: DSK DATE: 5-31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 DATE UCENSE EXP. 06/30/2014 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27158 BURBANK FOOTHILL RANCH, CALIFORNIA 82610 T. 949.918.3800 F. 949.916,3905 W W W.CVC-INC.NET STREET VACATION PORTION OF HARDING AVENUE SHEET 1 OF 2 EXHIBIT B-2 SCALE: 1" = 50' ENGINEER/SURVEYOR PREPARED UNDER 1HE SUPERVISION OF: VINCENT W. SCARPAll R.C.E.33520 UCENSE EXP. 06/30/2014 EXH. B SHEET 2 OF 2 BY: D$K DATE: 5-31-12 SCALE: AS SHOWN L.- CONSULTING, INC. GI'VIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHLL RANCH, CALIFORNIA 92810 T. £149.9163800 F. 949.918.3805 WWW.CVC-INC.NET STREET VACATION PORTION OF HARDING AVENUE SHEET 2 OF 2 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION OF PORTIONS OF HOOVER AVENUE AND HARDING AVENUE FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT (WI-TOD) APPLICANT: PARADISE CREEK HOUSING PARTNERS, LP CASE FILE NO. 2012-04 LS, SC WHEREAS, application was made requesting to vacate and close the westerly 14 feet (approximately) of the right of way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Hoover", attached hereto and incorporated herein as though set forth in full, in the City of National City, County of San Diego, State of California; and WHEREAS, application was made requesting to vacate and close the eastern half of the right of way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Harding", attached hereto and incorporated herein as though set forth in full, in the City of National City, County of San Diego, State of California; and WHEREAS, on May 15, 2012, the City Council conducted a hearing and initiated the said proposed vacations and closures of portions of Hoover Avenue and Harding Avenue; and WHEREAS, the City Engineer has caused notice of said proposed vacations and closures to be posted in the manner specified by law; and WHEREAS, on May 21, 2012, the Planning Commission considered the said proposed vacations and closures and found and determined that the vacations and closures conform with the City's adopted General Plan; and WHEREAS, on August 21, 2012, the City Council considered the Planning Commission's report and recommendation and the presentation of staff regarding the proposed vacations and closures; and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the California Streets and Highways Code in order to abandon said streets have been done and accomplished; and WHEREAS, a public hearing was held on August 21, 2012 in the City Council Chamber, at which time all persons interested in or objecting to the proposed vacations and closures were afforded the opportunity to appear and be heard; and WHEREAS, at said hearing, the City Council found, from all evidence submitted, that said proposed vacations and closures are unnecessary for present or future public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing found that the said proposed vacations and closures do not provide a benefit for an accessible public right-of-way or for future utilities; and WHEREAS, the City Council at said hearing further found that said proposed vacations and closures are in conformity with the adopted General Plan; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said street vacations based on the following findings: 1. That the portions of the public rights -of way proposed to be vacated are unnecessary for present or future public use, since all of the properties abutting the areas proposed to be vacated are owned by the City, which intends to redevelop the subject properties, and since access to subject properties will continue to be provided by the adjacent streets. 2. That the proposed vacation of the portion of the right-of-way for Hoover Avenue is consistent with the City's General Plan since the Westside Specific Plan identifies this segment of Hoover Avenue as a local street and as a residential/mixed-use corridor with the goals to buffer pedestrians from vehicles; encourage walking, biking, and transit use; and reduce vehicle speeds through traffic calming measures that include narrowing roadway widths and widening sidewalks. 3. That the proposed vacation of the portion of the right-of-way for Harding Avenue is consistent with the City's General Plan since the Westside Specific Plan includes a buildout circulation network that eliminates the segment of Harding Avenue north of 22nd Street and south of 20`h Street to accommodate the proposed park expansion as part of the WI-TOD project. 4. That the proposed vacations would allow for efficient and comprehensive redevelopment of underdeveloped and nonconforming properties. BE IT FURTHER RESOLVED that the street vacations are approved subject to the following conditions: 1. The Certificate of Compliance for Parcel Map Waiver (2012-04 LS, SC) shall be recorded concurrently with the Orders of Vacation. 2. A preliminary title report and a policy of title insurance shall be provided prior to recordation of the Orders to Vacate. 3. The owner and developer shall provide easements for sewer and any other public utilities after vacation. All easements shall remain in place until the utilities have been removed or replaced. 4. The resolution ordering vacation shall not be recorded until the above conditions have been satisfied. BE IT FURTHER RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest Orders of Vacation of the above described portions of public rights -of -way. 2. That the vacation of the above described portions of public rights -of -way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. 3. That the rights -of -way to be vacated are not needed for present or future public use and/or for utility service, since the properties abutting the street under consideration will continue to have access to public streets and utilities. 4. That while the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, adjacent streets will allow for the same through travel. 5. That the vacation of the proposed segments of rights -of -way is consistent with the City's General Plan since the area will continue to provide access and emergency access to the area. 6. That the City Clerk is hereby authorized and directed to cause certified copies of subject orders to be recorded in the office of the County Recorder of San Diego County, pursuant to Section 8325 of the California Streets and Highways Code. 7. That from and after the date that this Resolution is recorded, the above -described portions of public rights -of -way no longer constitute a street, except as reserved and excepted herein. PASSED and ADOPTED this 18th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor ORDER OF VACATION The City of National City, by authority of Resolution No. duly adopted on June 18, 2013 by the City Council of the City of National City, hereby orders the vacation of the westerly 14 feet (approximately) of the right of way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Hoover", attached hereto. Executed this 18th day of June, 2013. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK EXHIBIT A -Hoover A PORTION OF LOTS 13-2 OF BLOCK 86 AND LOTS 13-20 OF LOCK 85 AND LOTS 13-17 OF BLOCK 84 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF 21ST STREET AND HOOVER AVENUE; THENCE SOUTH 7214'18" WEST 25.21 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 17'45'42" EAST 263.41 FEET TO A CONCAVE CURVE WESTERLY WITH A RADIUS OF 27.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'02'26" AN ARC DISTANCE OF 42.43 FEET; THENCE LEAVING SAID CURVE SOUTH 72'16'45" WEST 24.27 FEET TO A NON TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7755'20" AN ARC DISTANCE OF 27.20 FEET TO A TANGENT COMPOUND CURVE CONCAVE WESTERLY WITH A RADIUS OF 760.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'04'44" AN ARC DISTANCE OF 80.41 FEET; THENCE LEAVING SAID CURVE NORTH 1747'56" WEST 598.21 FEET ALONG THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 72'04'38" EAST 13.71 FEET; THENCE SOUTH 1748'25" EAST 482.71 FEET'; THENCE NORTH 71'08'38" EAST 1.09 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 12,013 SO. FT. OR 0.28 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER EJ CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 7216'45" EASE. EXH. B SHEET 1 OF 2 BY: DSK DATE: 5-31-12 SCALE: AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 UODISE EXP. 06/30/2014 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING 8 SURVEYING 27158 BURBANK FOO1HLL RANCH, CALIFORNIA 92810 T. 949.916.3800 F. 949.918.3805 W WY.CVC-INC.NET DATE STREET VACATION PORTION OF HOOVER AVENUE SHEET 1 OF 2 EXHIBIT A -Hoover CURVE TABLE CURVE LENGTH RADIUS DELTA TAN C1 42.43 27.00 9c70216- 27.02 C2 27.20 20.00 7755'20' 16.17 C3 160.22 760.00 12'04'44' 80.41 SCALE: 1" = 50' EXH. B SHEET 2 OF 2 BY: DSK DATE 5.31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 UCENSE EXP. 06/30/2014 CSZV CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & 81JRVEYWG 27156 BURBANK FOOTHLL RANCH, CALIFORNIA 92810 T. 949.816.3800 F. 949.916.3805 WWW.CVC-1NC.NET DATE • Sc'1!o, No. 33520 a Exp. 6/30/2014 if clvti�. � STREET VACATION PORTION OF HOOVER AVENUE SHEET2OF2 ORDER OF VACATION The City of National City, by authority of Resolution No. duly adopted on June 18, 2013 by the City Council of the City of National City, hereby orders the vacation of the eastern half of the right of way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Harding", attached hereto. Executed this 18th day of June, 2013. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK EXHIBIT A -Harding A PORTION OF LOTS 7-10 OF BLOCK 107 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY. OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERUNE INTERSECTION OF HARDING AVENUE AND 22ND STREET; THENCE NORTHERLY ALONG THE CENTERUNE OF HARDING AVENUE NORTH 17'48'28" WEST 40.00 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY OF 22ND STREET; THENCE EASTERLY ALONG SAID RIGHT OF WAY 1.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY 39.00 FEET TO A POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY OF HARDING AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET AND THE NORTHERLY RIGHT OF WAY OF 22ND STREET HAVING A HALF RIGHT OF WAY WIDTH OF 40.00'; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY OF HARDING AVENUE NORTH 17'48'28* WEST 74.46 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 20104'26" WEST 63.51 FEET; THENCE SOUTH 17'48'28` EAST 24.27' TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 1,925 SO. FT. OR 0.04 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER EJ CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 72' 16'45" EASE. EXH. B SHEET 1 OF 2 BY: DSK DATE: 5-31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E33520 UCENSE EXP. 06/30/2014 Cc1/4") .0"--IP"7"4 CONSULTING. INC. CIVIL ENGINEERING LAND PLANNING Q, SURVEYING 27156 BURBANK FOOTHLL RANCH, CALIFORNIA 92610 T. 949.916.3600 F. 949.916.3805 WNW W.CVC-INC.NET DATE STREET VACATION PORTION OF HARDING AVENUE SHEET 1 OF 2 EXHIBIT A -Harding 40' cora 40P. SAT 48.25 SCALE: 1" = 50' EXH. B SHEET 2 OF 2 BY: DSK DATE: 5-31-12 SCALE AS SHOWN goo • �w 2'A6• '46 , 00 S �'� 22ND g. pos ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPA11 R.C.E.33520 DATE UCENSE EXP. 06/30/2014 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING i SURVEYING 27156 BURBANK FOOT LL RANCH, CALIFORNIA 92610 T. 949.916.3800 F. 949.916.3805 W W W.CVC•INC.NET STREET VACATION PORTION OF HARDING AVENUE SHEET 2 OF 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ,dune 18, 2013 AGENDA ITEM NO.8 ITEM TITLE: Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2013/14) PREPARED BY: Raymond Pe, Principal Planner PHONE: 336-4421 DEPARTMENT: Advance P afining' APPROVED BY: EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District. Each subsequent year, the City Council considers the adoption of several resolutions to allow the District to continue operating. District operations are funded through a special property tax levy on properties within the Mile of Cars, which are used to maintain the special themed landscape and hardscape for the District. The accompanying resolution initiates proceedings for the District for Fiscal Year 2013/14. The Mile of Cars Association has approved the scope of work, the amount of levies, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment includes an increase of $162 or 0.12 percent over the prior year. NBS, the City's consultant, is paid from the District's assessment funds. City administrative costs to process these items are also paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the Califomia Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution to initiate proceedings. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2013/14 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of National City, as follows: 1. Annual Report: The City Council ordered NBS to prepare and file with the City Clerk the Annual Report concerning the levy and collection of assessments within the Assessment District for the fiscal year commencing July 1, 2013 and ending June 30, 2014. 2. New Improvements or Changes to Existing Improvements: There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District. PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO.9 ITEM TITLE: Resolution of the City Council of the City of National City approving the Annual Report for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2013/14) PREPARED BY: Raymond Pe, Principal Planner PHONE: 1336-4421 1 DEPARTMENT: Adv. • e Pla fining i APPROVED BY: EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District. Each subsequent year, the City Council considers the adoption of several resolutions to allow the District to continue operating. District operations are funded through a special property tax levy on properties within the Mile of Cars, which are used to maintain the special themed landscape and hardscape for the District. The accompanying resolution approves the Annual Report ("Engineer's Report"), which provides the basis for the proposed levies for the District for Fiscal Year 2013/14. The Mile of Cars Association has approved the scope of work, the amount of levies, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment includes an increase of $162 or 0.12 percent over the prior year. NBS, the City's consultant, is paid from the District's assessment funds. City administrative costs to process these items are also paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the annual report. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 2013/14 Engineer's Report (Annual Report) NBS helping communities fund tomorrow City of National City Landscape Maintenance District No. 1 (Mile of Cars) Engineer's Report Fiscal Year 2013/14 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998 Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439 P1 CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Boulevard National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 Ron Morrison, Mayor Luis Natividad, Vice Mayor Jerry Cano, Councilmember Mona Rios, Councilmember Alejandra Sotelo-Solis, Councilmember AGENCY STAFF Brad Raulston, Executive Director Ray Pe, Principal Planner DISTRICT STAFF Weldon Donaldson, Executive Director NBS Pablo Perez, Project Director Brian Thomas, Assessment Engineer Brian Brown, Senior Consultant P2 TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. OVERVIEW 2-1 2.1 Introduction 2-1 2.2 Description of the District Boundaries 2-1 2.3 Description of Improvements 2-1 2.4 Description of Maintenance 2-2 3. ESTIMATE OF COSTS 3-1 4. ASSESSMENT DIAGRAM 4-1 5. ASSESSMENTS 5-1 5.1 Method of Apportionment 5-1 5.2 Assessment Roll 5-5 P3 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed NBS Government Finance Group, DBA NBS ("NBS") to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2013/14. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article XIII D of the California Constitution. The proposed assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2012/13 assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT District Fiscal Year 2013/14 Actual Assessment Landscape Maintenance District No. 1 (Mile of Cars) $139,664.58 I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the assessments herein have been prepared and computed in accordance with the assessment methodology adopted and approved by the City Council at the time of district formation. Brian Thomas, Assessment Engineer City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 1-1 Prepared by NBS — Fiscal Year 2013/14 P4 2. OVERVIEW 2.1 Introduction The City formed the District to provide maintenance services to benefit certain parcels in the City. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The 2013/14 Engineer's Report (the "Report") describes the District and the annual assessment per parcel for Fiscal Year 2013/14 which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor -Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2013/14. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2013/14. 2.2 Description of the District Boundaries The District's improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33`d Street and State Route 54 (SR 54) to the south. 2.3 Description of Improvements A general description of the improvements to be maintained under these proceedings is described as follows but shall not be limited to: 1. Median Improvements • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23'd Street and McKinley Avenue 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-1 Prepared by NBS — Fiscal Year 2013/14 P5 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents City of National City— Landscape Maintenance District No. 1 (Mile of Cars) 2-2 Prepared by NBS — Fiscal Year 2013/14 P6 3. ESTIMATE OF COSTS The cost of senvcing, maintaining, repairing and replacing the improvements as described in the Description of Improvements are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. It is the intent of the District to establish a Reserve Fund for the District which shall not exceed the estimated costs of maintenance and servicing until December of each fiscal year, or whenever the District expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The following table summarizes the components that make up the Fiscal Year 2013/14 estimate of costs for the District: Description Median Frontage Improvements Improvements Total Cost of Annual Maintenance: 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system/lights 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Contingencies Total Cost of Annual Maintenance: Incidentals: A. Administration B. Advertising C. Other Contractual Obligations D. Engineering E City Expenses F. Consultant Fees G. County Collection Fees Total Incidentals: Total Estimated Annual Cost: (Less) General Benefit Contrlbution(1): $0.00 20,556.06 4,095.00 12,304.14 15,000.00 3,046.11 7,150.60 2,000.00 2,500.00 $66,651.91 $41,371.29 0.00 4,095.00 12,304.14 0.00 0.00 0.00 2,000.00 2,500.00 $62,270.43 $3,600.00 $3,600.00 203.00 203.00 5,075.00 5,075.00 250.00 250.00 500.00 500.00 2,000.00 2,000.00 2.30 2.30 $11,630.30 $11,630.30 $78,282.21 $73,900.73 ($6.471.901 ($6.046.46) $41,371.29 20,556.06 8,190.00 24,608.28 15,000.00 3,046.11 7,150.60 4,000.00 5.000.00 $128,922.34 $7,200.00 406.00 10,150.00 500.00 1,000.00 4,000.00 4.60 $23,260.60 $152,182.94 ($12.518.361 TOTAL ANNUAL ASSESSMENT FOR THE DISTRICT(2): $71,810.31 $67,854.27 $139,664.58 (1) General benefit contribution will be funded from other sources. This item is not being paid from annual therefore does not affect the annual operating budget (2) The Annual Assessment amount shown above does not include any rounding adjustments. assessments and City of National City— Landscape Maintenance District No. 1 (Mile of Cars) Prepared by NBS — Fiscal Year 2013/14 3-1 P7 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Assessment Diagram for the District. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 4-1 Prepared by NBS — Fiscal Year 2013/14 Ps THE an TMs macs or Tin are OEDK r THE EITT or Toccoa DAY cr WSS. OTY 4ERR ore or RANCHOS. ex STATE OF CALIFORNIA CITTmann NAn 1t CM'it OFFICE O 1I DAs a$ T DF STREETS Cr INE IA1ro. MERINIENTION OP STREETS aTT or NATIONAL air STATE or CAUFORISA AN ASSES 1 NI wAS MISS ST WE era mom OR TIE LOST S A7 OF wfb mai 01 TIRS ASlEl9A6IF aAONAM. IEM ON Ill DAT Or MOT SAID ASESSVETT OAORMR AND ism mamma ROLL SERE itrosoNosi N THE Min OF TIE SUPERINTENDENT OF STREETS Or SAD CRY ON 7NE DST OF not RESEREIGE IS MANE 10 IN OF STREETS TIE IEE near AMOUNT OF M!D EACH ASEEMOIT LENEENT Mimi EACH PAATAI. OF LAND SHOWN al n11S Assessiorr MAORAM. OTT QM are oF!M10M.an' RATE OF CMIFORIIIA IR.EO Two �,�. DAT or ISNA A7 THE um of O'O0OR _AL PI Mc OF Mars of ASSESSATOTT AMI aoassori TT FAa1711E5 DISTRICTS M THE OFFICE OF THE MITT IECORDEII Cr THE more OF MI DECO. CALIFORNIA. Mane 0EOIANER couvTT OF SAN MECO STATE or CaroRTRA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1(MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA Tar SAD-'AM-04 O EATMOOR MTIIIDARY' Tir canna REVISED 8-i-98 REVISED 8-11-97 REVISED 8-19-02 REVISED 13-09-03 REVISE) 5-28-04 no SHEET 1OF3 SHEETS N 7I FSORTAOE OF AA0E*A0�* PARCEL E; Tom mei Ea�TTOoo� ow NE Foot aim To AS $SORB nr L MAPS FOT PNOPERTT ONENMaTs NOT 940NT. NASLAND ENGINEERING VIEW*OM. BO nAr 1�R .. M• oinonlAno Norms NOTE ORIGINAL SHEET SIZE x 26* N.E. JOB No.105-148 L NATONAL cnT AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CM' COUNTY OF SAN DIEGO STATE OF CALIFORNIA BotlLEVARD 562-MO-36 5- 562-M 10$ 562-021-01 166. 296' 362-340-69 IOW 362-3340-76 TRANSPORTAT90N AVENUE 562-690-06 276' NATIONAL arr SHEET 2 OF 3 SHEETE 662-100-14 13V 662-160-12 BOULEVARD 164' 562-346-47 16s 611616. 60.6.22 at 66166C1 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-28-04 6 roe 160 m 11A Wag' met P oca u47s 1'OA• o604 a C616ft" 10T 4+6M1. NASLAND ENGINEERING 7R11206965551140Wm 21. 6w 914. .. 921A1 •rum,. im NOTE:ORIOPJA1 c'HEET SIZE 6' NE JOB .. .-3-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CRY OF NATIONAL CITY l 300 562_340-09 2119. 302-IS0-13 TRAN8PORTATION mime COUNTY OF SAN DECO STATE OF CALFORNIA NATIONAL CITY BOULEVARD mama 000140ARY OF asnecr PM= 31695 /00 ri NOT SNOW/ SKEET 3 OF 3 SHEETS REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 "' "° '°° '°° Q NASLAND ENGINEERING am*. A s.t +rre NOTE: ORIGINAL SHEET SIZE 16'x26' N.E JOTS No. 105-148 5. ASSESSMENTS The actual assessments for Fiscal Year 2013/14, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted as Section 5.2 of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. The District's improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an "aesthetic benefit." The aesthetic benefit provided by the district improvements and services are supported by the City's General Plan (the "Plan") and its Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, "have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City's desire for a higher quality of life." The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan: • Policy LU-5.3: Recognize the diverse needs of the City's business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district. • Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars. • Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts. • Policy LU-5.10: Assist the business community in evaluating National City's marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. • Policy LU-9.1: Design developments along mixed -use and "community corridors" for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, traffic -calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-1 Prepared by NBS — Fiscal Year 2013/14 P12 • Policy LU-9.4: Encourage an overall high quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on -street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street fumiture; way finding; enhanced paving; public art; and other features that contribute to the desired character for National City, where appropriate. • Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway. • Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts. • Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. • Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood. • Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts. The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below. Aesthetic Benefit The aesthetic benefit relates to an improvement in the District's visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District's improvements and services: • Uniform and up to date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders. • The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements. • The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District. • The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian -friendly, thus improving activity for residents and businesses alike. • Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District. The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use. City of National City— Landscape Maintenance District No. 1 (Mile of Cars) 5-2 Prepared by NBS — Fiscal Year 2013/14 P13 Separation of General Benefit Section 4 of Article XIIID of the Califomia Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. Quantification of General Benefit As previously mentioned, general benefit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. General benefits accrue to individuals "walking through" the District and to vehicles "passing through" the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54. To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles "passing through" the District. Meaning, any vehicle using the City's streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the "general public" benefitting from the proposed improvements and services. Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips "passing through" the District. In order to determine the estimated portion of the vehicle trips "passing through" the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals — 2nd Edition. Using the property characteristics and City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-3 Prepared by NBS — Fiscal Year 2013/14 P14 data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel residing within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District which equaled 13,385 ADT. The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. Consequently, 9.71 % of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District. Therefore, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. Lineal frontage was assigned as the assessment variable by the assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the Distract based upon the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized. The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The annual assessment is based upon a parcel's lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District. There are generally two categories of improvements to be maintained by the District — the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: Median Improvements 1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-4 Prepared by NBS — Fiscal Year 2013/14 P15 parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel. Frontage Improvements 3. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 4. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements. 5. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. MAXIMUM ANNUAL ASSESSMENT RATES The annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. The actual annual assessment rate for 2013/14 is $15.49. Fiscal Year Percentage Increase Maximum Frontage Rate Per Frontage Foot Maximum Median Rate Per Frontage Foot Total Maximum Rate Per Frontage Foot 1996/97 N/A $3.29 $6.43 $9.72 1997/98 10% 3.62 7.07 10.69 1998/99 10% 3.98 7.78 11.76 1999/00 10% 4.38 8.56 12.94 2000/01 10% 4.82 9.41 14.23 2001/02 10% 5.30 10.35 15.66 2002/03 10% 5.83 11.39 17.22 2003/04 10% 6.41 12.53 18.95 2004/05 10% 7.05 13.78 20.84 2005/06 10% 7.76 15.16 22.93 2006/07 10% 8.54 16.68 25.22 2007/08 10% 9.39 18.35 27.74 2008/09 10% 10.33 20.18 30.52 2009/10 10% 11.36 22.20 33.57 2010/11 10% 12.50 24.42 36.93 2011/12 10% 13.75 26.86 40.62 2012/13 10% 15.12 29.55 44.68 2013/14 10% 16.64 32.51 49.15 5.2 Assessment Roll The proposed Fiscal Year 2013/14 District assessment roll is listed on the following page. City of National City- Landscape Maintenance District No. 1 (Mile of Cars) 5-5 Prepared by NBS - Fiscal Year 2013/14 P16 City of National City Landscape Maintenance District No. 1 (Mile of Cars) Assessment Roll Fiscal Year 2013/14 AccountNo Owner Frontage (Feet) Levy Misc Adis Total 560-203-03-00 FUENTES FRANK SEPARATE PROPERTY TRUST 08 291 $4,507.74 $0.00 $4,507.74 560-204-02-00 CAPPS DIANE L & BALL 1998 TRUST 140 2,168.67 (0.01) 2,168.66 560-204-04-00 BALL JOHN D II 190 2,943.20 0.00 2,943.20 560-210-01-00 HATTON RONNIE & HATTON PAM 125 1,936.31 (0.01) 1,936.30 560-210-04-00 LTC PROPERTIES L L C 165 2,555.93 (0.01) 2,555.92 560-210-40-00 CAPPS DIANE L & BALL 1998 TRUST 211 3,268.50 0.00 3,268.50 560-210-41-00 CAPPS DIANE L & BALL 1998 TRUST 50 774.53 (0.01) 774.52 560-210-42-00 LTC PROPERTIES L L C 30 464.72 0.00 464.72 560-261-08-00 CAPPS DIANE L & BALL 1998 TRUST 270 4,182.44 0.00 4,182.44 560-271-07-00 CAPPS DIANE L & BALL 1998 TRUST 75 1,161.79 (0.01) 1,161.78 560-271-09-00 BALL AUTOMOTIVE GROUP 50 774.53 (0.01) 774.52 560-271-14-00 CAPPS DIANE L & BALL 1998 TRUST 95 1,471.60 0.00 1,471.60 560-271-15.00 CAPPS DIANE L & BALL 1998 TRUST 100 1,549.05 (0.01) 1,549.04 560-330-03-00 S K R B L P 591 9,154.89 (0.01) 9,154.88 560-393-03-00 PNJ PROPERTIES L L C 140 2,168.67 (0.01) 2,168.66 560-393-04-00 FALK PROPERTIES N C L L C 480 7,435.44 0.00 7,435.44 562-021-01-00 POLAKOFF GARY & DIANE 2401 TRUST 100 1,549.05 (0.01) 1,549.04 562-021-07-00 DIAZ LUIS J & MARIA G 2004 FAMILY TRUST 160 2,478.48 0.00 2,478.48 562-031-13-00 BALL JOHN II 110 1,703.96 0.00 1,703.96 562-031-14-00 BALL JOHN 11 160 2,478.48 0.00 2,478.48 562-090-06-00 WEBSTER GEORGE H SECOND LIVING TRUST 10- 270 4,182.44 0.00 4,182.44 562-100-13-00 BALL JOHN D II 135 2,091.22 0.00 2,091.22 562-100-14-00 WEBSTER GEORGE H SECOND LIVING TRUST 10- 135 2,091.22 0.00 2,091.22 562-150-13-00 GEN 3 PROPERTIES ONE L L C 209 3,237.52 0.00 3,237.52 562-160-07-00 GEN3 PROPERTIES TWO LLC 300 4,647.15 (0.01) 4,647.14 562-180-32-00 GEN3 PROPERTIES TWO LLC 82 1,270.22 0.00 1,270.22 562-180-33-00 GEN3 PROPERTIES THREE LLC 127 1,967.29 (0.01) 1,967.28 562-220-11-00 HARRISON RESIDUAL TRUST & HARRISON DOROT 100 792.17 (0.01) 792.16 562-220-13-00 MCCUNE MOTORS 230 3,562.82 0.00 3,562.82 562-220-31-00 MCCUNE MOTORS 155 2,401.03 (0.01) 2,401.02 562-220-32-00 FRANK REAL PROPERTIES 11 LP 314 4,864.02 0.00 4,864.02 562-251-37-00 C V VENTURES L L C 202 3,129.08 0.00 3,129.08 562-251-38-00 C V VENTURES L L C 167 2,586.91 (0.01) 2,586.90 562-252-15-00 ERM FAMILY TRUST 11-19-91 & ERM RUDOLPH 330 5,111.87 (0.01) 5,111.86 562-321-07-00 S 0 C PROPERTIES L L C 182 2,819.27 (0.01) 2,819.26 562-321-08-00 CITY OF NATIONAL CITY COMMUNITY DEVELOPM 148 2,292.60 0.00 2,292.60 562-330-35-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 249 3,857.14 0.00 3,857.14 562-330-42-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 76 1,177.28 0.00 1,177.28 562-330-43-00 54/NATIONAL SELF STORAGE L L C 40 619.62 0.00 619.62 562-340-09-00 WESTCOTT RODNEY C LIVING TRUST 03-01-11 300 4,647.15 (0.01) 4,647.14 562-340-47-00 MOSSY IMPORTS L L C 164 2,540.44 0.00 2,540.44 562-340-48-00 MOSSY IMPORTS L L C 436 6,753.86 0.00 6,753.86 562-340-49-00 ESCONDIDO DEVELOPMENT PROPERTIES L L C 291 4,507.74 0.00 4,507.74 562-340-50-00 STANLEY DEVELOPMENT L L C 300 4,647.15 (0.01) 4,647.14 562-340-69-00 FELICE REAL PROPERTIES I L P 290 4,492.25 (0.01) 4,492.24 582-340-70-00 FELICE REAL PROPERTIES I L P 300 4,647.15 (0.01) 4,647.14 46 Accounts $139,664.59 ($0.21) $139,664.38 P17 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ANNUAL REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2013/14 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report; and WHEREAS, the City Council has, by previous resolution, ordered NBS to prepare and file such Annual Report; and WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Annual Report concerning the levy of assessments as submitted by NBS for the fiscal year commencing July 1, 2013 and ending June 30, 2014. PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 10 ITEM TITLE: :Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing and to levy and collect assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for fiscal year 2013/14..1 PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: A Pllanning., PHONE: ''.336-4421 APPROVED BY: EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District. Each subsequent year, the City Council considers the adoption of several resolutions to allow the District to continue operating. District operations are funded through a special property tax levy on properties within the Mile of Cars, which are used to maintain the special themed landscape and hardscape for the District. The accompanying resolution declares the City's intention to levy and collect the assessments on behalf of the District for Fiscal Year 2013/14. The Mile of Cars Association has approved the scope of work, the amount of levies, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment includes an increase of $162 or 0.12 percent over the prior year. NBS, the City's consultant, is paid from the District's assessment funds. City administrative costs to process these items are also paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution declaring intent. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING AND TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2013/14 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of National City, as follows: 1. Intention: The City Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2013 and ending June 30, 2014. The City Council finds that the public's best interest requires such action. 2. Improvements: The Improvements include, but are not limited to: landscape planting and irrigation, colored hardscape, lighting systems, graphic panels, banners and signage, painted crosswalks, and street furniture. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. 3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference. 4. Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 5. Notice of Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Tuesday, July 2, 2013 at 6:00 pm, or as soon thereafter as is feasible, in the City Council Chambers located at 1243 National City Boulevard, National City, CA 91950. The Council further orders the City Clerk to publish notice of this Resolution in accordance with Section 22626 of the Act. 6. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that previously approved by the property owners (as "increased assessment" is defined in Section 54954.6 of the Government Code). --- Signature Page to Follow --- Resolution No. 2013 — Page Two PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City accepting the work performed by Zasueta Contracting, Inc. for the total final contract amount of $76,192.00, ratifying the Notice of Completion filed with the County Recorder on May 28, 2013, and authorizing the release of the retention in the amount of $3,809.60 for the National City Shade Shelter that protects the apparatus stored at the Fire Department Station No. 34 located at 343 E. 16th Street. PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: J/( FINANCIAL STATEMENT: APPROVED: - `l( ACCOUNT NO. APPROVED: Retention is encumbered on Purchase Order No. 76355 and will be released upon Council approval. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Sheet 4. Resolution EXPLANATION Over the last several years, the National City Fire Department has acquired several apparatuses. These acquisitions have been great additions to the NCFD. However, due to limited space to house the reserve status units, they are stored outside on the training ground. As a result, the reserve units are exposed to the climate and may deteriorate. On May 1, 2012, the City Council adopted Resolution No. 2012-94 authorizing the appropriation of Development Impact Fees to purchase and install a protective shelter to be installed at Fire Department Station 34 at 16th Street and D Avenue. The installation of the shade structure will house reserve status apparatuses and to ensure longevity. On September 25, 2012, four bids were received and opened for the National City protective Shade Structure Specification No. 12-11. The lowest responsive bidder was Zasueta Contracting, Inc. with a proposed bid amount of $69,714.00. Staff checked the provided references and found that Zasueta Contracting, Inc. was qualified to perform the work as detailed in the specification. On October 16, 2013, the City Council adopted Resolution No. 2012-204 awarding the contract to Zasueta Contracting, Inc. in the not to exceed amount of $69,714 to provide and install a protective shade structure for Fire Department Station No. 34, authorizing a 15% contingency in the amount of $10,457 for any unforeseen changes, and authorizing the Mayor to execute said contract. The Notice to Proceed with construction was issued on November 12, 2012. There was one change order issued for this project to install an additional drop down canopy. This change order increased the contract by $6,478.00. The final contract balance was adjusted to $76,192.00. The Notice of Completion was issued on May 8, 2013, and filed with the San Diego County Recorder's Office on May 28, 2013. Staff recommends that the City Council accept the work performed by Zasueta Contracting, Inc., for a total contract amount of $76,192.00, ratify the Notice of Completion filed with the County Recorder on May 28, 2013, and authorize the release of the retention in the amount of $3,809.60 for the National City Shade Structure for Fire Department Station No. 34, located at 16th Street and D Avenue. i PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY ENGINEER CITY OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAY 29, 2013 DOCUMENT NUMBER 2013-0334300 Ernest J. Dronenburg, Jr., COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 10:10 AM THIS SPACE FOR RECORDER'S USE ONLY (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) NOTICE OF COMPLETION: National City Shade Structure for Fire Department Station No. 34 at 16t & D Street Specification No. 12-11 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 2 RECORDING REQUES 1);1J BY WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 8, 2013, of: National City Shade Structure for Fire Department Station No. 34 at 16th & D Street, Specification No. 12-11 Work of improvement or portion of work of improvement under construction or alteration. 343 East 16th Street, Street address National City, CA City State 91950 Zip Code The undersigned owns the following interest or estate in said property: Owner -in -Fee Nature of the interest or estate of owner (mortgagor, leccee, etc.) Said work of improvement was performed on the property pursuant to a contract with Zasueta Contracting, Inc. Name of Original Contractor The following work and materials were supplied: Fabrication and installation of a metal shade structure adjacent to an Occupancy IV building. Labor groups include laborers and operators: delivery truck. General statement of type of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, oer owners Dated: May 8, 2013 R W7viorrison, Mayor City of National City, 1243 National City Blvd., National City, CA 91950-4301 I, the undersigned, say: I have read the foregoing Notice of Completion, and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on May 8, 2013, at National City, California. Signature: NOC 12-11 3 FINAL CONTRACT BALANCE DATE: May 7, 2013 PROJECT: National City Shade Structure for Fire Department Station No. 34 Specification No. 12-11 TO: Zasueta Contracting Inc. P O Box 866 Spring Valley, CA 91976 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $69,714.00 January 22, 2013 April 26, 2013 (includes downtime due to change orders, correctional work, clean-up, inspection, and document delays) 45 working days 0 working days 45 working days This Final Contract Balance reports final line item amounts and summarizes all changes to produce a final contract amount. Please see Attachment "A" to this Final Contract Balance. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order No. 1 provided for an additional drop down side to the shade canopy structure at Fire Department Station No. 34. This change order resulted in an increase to the contract in the amount of $6,478.00. There were no line item adjustments for this project. CONTRACT ADJUSTMENT: As a result of the above line item deletions: 1. The final contract price is adjusted to $76,192.00. 2. As a result of the satisfactory completion of said project, a retention amount of $3,809.60 is set for invoice processing and payment upon the receipt of required 4 FINAL CONTRACT BALANCE National City Shade Structure for Fire Department Station No. 34 Specification No. 12-11 signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Zasueta Contracting Inc. will not be entitled to damages or additional payment for delays as described in the 2010 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 2 5 CITY OF NATIONAL CITY National City Shade Structure for Fire Department Station No. 34 Specification No. 12-11 FINAL CONTRACT BALANCE ATTACHMENT "A" Original Contract To Date No. Item Unit Quantity Unit Price Amount Quantity Amount GENERAL ITEMS OF WORK 1 Provide and Install Shade Structure LS 1 69,714.00 69,714.00 1.00 69,714.00 CHANGE ORDERS 1 Install additional drop down canopy LS 1 6,478.00 6,748.00 1.00 6,478.00 TOTALS: 76,462.00 76,192.00 6 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY ZASUETA CONTRACTING, INC., FOR THE TOTAL FINAL CONTRACT AMOUNT OF $76,192.00, RATIFYING THE NOTICE OF COMPLETION FILED WITH THE COUNTY RECORDER ON MAY 28, 2013, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $3,809.60 FOR THE NATIONAL CITY SHADE SHELTER THAT PROTECTS THE APPARATUS STORED AT FIRE DEPARTMENT STATION NO. 34 AT 343 EAST 16TH STREET BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Zasueta Contracting, Inc., for the total final contract amount of $76,192.00, for the National City Shade Shelter that protects apparatus stored at Fire Department Station No. 34, located at 343 East 16th Street, has been completed, the City Council of National City hereby accepts said work, ratifies the Notice of Completion filed with the County Recorder on May 28, 2013, and orders that payment for said work be made in accordance with said Contract, including release of the retention in the amount of $3,809.60. PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: illITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign the Second Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. to continue to provide basic and advanced life support ambulance transportation services. (Fire dune 18, 20131 AGENDA ITEM NO. 1.2 PREPARED BY: (Walter Amede4.9p DEPARTMENT: Fire PHONE: 019-336-4550 APPROVED BY: EXPLANATION: See attached Staff Report. FINANCIAL STATEMENT: APPROVED: `'�� Finance ACCOUNT NO. 130-00000-3034 APPROVED: MIS Agreement is a fee for service with no General Fund revenue subsidy. Increase in Franchise Fee revenue in FY14 of $299,767 and in FY15 of $308,760 will augment the Paramedic Program accordingly. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: f STAFF RECOMMENDATION: Authorize the Mayor to sign the Second Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: . Second Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. 2. Staff Report 3. Resolution] SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. This Second Amendment to the Agreement By and Between the City of National City and American Medical Response Ambulance Service, Inc. ("Second Amendment") is entered into this 18th day of June, 2013, by and between the City of National City ("CITY") and American Medical Response Ambulance Service, Inc., ("AMR"). RECITALS A. WHEREAS, on June 20, 2006, CITY and AMR entered into an agreement entitled "Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc." ("Agreement"); and B. WHEREAS, on November 23, 2010, CITY and AMR exercised the option to extend the term of the Agreement for two years, following expiration on June 30, 2011; and C. WHEREAS, the CITY and AMR desire to amend the Agreement by amending Section II, Subsection A.11(d); Section II, Subsection A.11(e); and Section IV, Subsection B.1; and D. WHEREAS, the CITY and AMR desire to exercise the option to extend the term of the Agreement for two years, following the expiration on June 30, 2013, as provided for in Section VI, Subsection E.1. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and AMR agree as follows: 1. The term of the Agreement is extended for an additional two years from the time the current Agreement expires on June 30, 2013 to June 30, 2015, as permitted in Section VI, Subsection E.1 of the Agreement. 2. Section II, Subsection A.11(d) is amended by modifying the Franchise Fee Payments as follows: Actual Estimate Estimate Estimate FY 2012- FY 2013- FY 2014- Pavments to National City FY 2011-12 13 14 15 Franchise Fees 291,036 291,036 299,767 308,760 RCCP Payments 135.447 121.455 121,455 121.455 Payments to National City 426,483 412,491 421,222 430,215 RCCP Paid to AMR (135.447) (121,455) (121,455) (121,455) 2013 Second Amendment to Agreement 1 City of National City and American Medical Response Net Payments to National City • Year 1 (July 1, 2013 fee of $299,767 • Year 2 (July 1, 2014 fee of $308,760 291,036 291,036 299,767 308,760 — June 30, 2014) - $24,981.00 per month for a total annual — June 30, 2015) - $25,730.00 per month for a total annual 3. Section II, Subsection A.11(e) is amended by modifying the first sentence of the paragraph as follows: As specifically defined and requested by CITY in its Request for Proposals, provide City with funding up to $6,000 per year during the term of this contract, for uniforms, books and approved supplies for an Explorer Scout program OR for equipment, supplies, and training for the National City Community Emergency Response Team (CERT) Program whose purpose is to enhance EMS services within CITY. 4. with the following: Section IV, Subsection B.1 is amended by replacing Subsection B.1 B.1. Effective June 18, 2013, the Ambulance Service Base Rate for Advanced Life Support is $1,919.62. 5. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc., dated June 20, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed the day and year first herein set forth. CITY OF NATIONAL CITY AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. By: By: Ron Morrison, Mayor Tom Wagner, CEO AMR Regional Operations APPROVED AS TO FORM: By: Claudia Gacitua Silva 2013 Second Amendment to Agreement 2 City of National City and American Medical Response STAFF REPORT Second Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. BACKGROUND: The City's ambulance services contract with American Medical Response Ambulance Services, Inc. (AMR) was approved by the City Council on June 20, 2006. AMR, at no direct cost to the City, has been providing basic and advanced life support ambulance transportation services to the City since October 1, 1983. AMR pays the City a Franchise Fee on a monthly basis. The amount of such fee is determined solely and at the absolute discretion of the City. The purpose of the fee is to offset the City's costs for activities associated with providing and maintaining programs associated with emergency medical services care at an ALS-level and oversight of the ambulance contract. The Regional Cooperative Care Program (RCCP) is a regional resource providing medical supervision, infection control services, quality assurance and quality improvement (QA/QI), and training to its member agencies. The Medical Director of RCCP also serves as the Medical Director for the NCFD. One of the staff members of RCCP serves as the official Infection Control Officer for the NCFD. In these roles, both the NCFD EMS Coordinator and the Department Safety Officer work closely with RCCP staff. RCCP is funded by assessments from member agencies based on a per call formula. AMR has the ability to directly bill individuals utilizing their services or bill appropriate third -party insurance carriers. AMR bills for ambulance service per transport, calls for service during which patient care meets transport criteria and mileage. AMR may increase fees and/or charges for services provided in order to fully realize revenues sufficient to make up the projected annual increase in Franchise Fees. AMR, at no cost to the City, also provides support and assistance in the development of a Fire/EMS Technology Program in conjunction with National City Fire Department and Sweetwater High School. AMR provides funding of up to $6,000 per year for uniforms, books and supplies, or to fund scholarships for students to attend EMT training at Southwestern College. AMBULANCE SERVICES CONTRACT - SECOND AMENDMENT: The Ambulance Services Contract - Second Amendment is modified as follows: • Extend the term of the Agreement for an additional two years from the time the current agreement expires on June 30, 2013 to June 30, 2015. • Provide funding up to $6,000 per year for uniforms, books and approved supplies for an Explorer Scout program OR for equipment, supplies, and training for the National City Community Emergency Response Team (CERT) Program to enhance EMS services within CITY. • Establish the Ambulance Service Base Rate for Advanced Life Support to be $1,919.62. City of National City Emergency Medical Services Proposal 06/05/13 Page 1 FEE SCHEDULE ADJUSTMENTS: A new fee adjustment formula is proposed in this Agreement. Actual Estimate Estimate Estimate Payments to National City FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Franchise Fees 291,036 291,036 299,767 308,760 RCCP Payments 135,447 121,455 121,455 121,455 Payments to National City 426,483 412,491 421,222 430,215 RCCP Paid to AMR (135,447) (121,455) (121,455) (121,455) Net Payments to National City 291,036 291,036 299,767 308,760 STAFF RECOMMENDATION: 1. Authorize the Mayor to sign the Second Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. City of National City Emergency Medical Services Proposal 06/05/13 Page 2 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE, INC., TO CONTINUE TO PROVIDE BASIC AND ADVANCED LIFE SUPPORT AMBULANCE TRANSPORTATION SERVICES EFFECTIVE JULY 1, 2013 FOR A PERIOD OF TWO YEARS WHEREAS, on June 20, 2006, the City of National City ("City") and American Medical Response Ambulance Service, Inc. ("AMR"), entered into an Agreement through the adoption of City Council Resolution No. 2006-106, to provide basic and advanced life support ambulance transportation services at no cost to the City through June 30, 2011; and WHEREAS, on November 23, 2010, the City Council adopted Resolution No. 2010-259 to extend the term of the Agreement for two years, expiring on June 30, 2013, adjusting the Fire and/or EMT training scholarship program to include additional colleges, increasing certain ambulance service rate schedules, and increasing the mileage rate; and WHEREAS, the CITY and AMR desire to exercise the option to extend the term of the Agreement for two years, expiring on June 30, 2015; and WHEREAS, the CITY and AMR desire to amend the agreement by modifying the Franchise Fee Payments as follows: Payments to National City Franchise Fees RCCP Payments Payments to National City RCCP Paid to AMR Net Payments to National City Actual FY 2011-12 291,036 135,447 426,483 (135,447) 291,036 Estimate FY 2012-13 291,036 121.455 412,491 (121,455) 291,036 Estimate FY 2013-14 299,767 121,455 421,222 (121,455) 299,767 • Year 1 (July 1, 2013 — June 30, 2014) - $24,980.58 per month for a total $299,767 Estimate FY 2014-15 308,760 121,455 430,215 (121,455) 308,760 annual fee of • Year 2 (July 1, 2014 — June 30, 2015) - $25,730.00 per month for a total annual fee of $308,760 WHEREAS, the Second Amendment provides that AMR will provide funding up to $6,000 per year during the term of this Agreement, for uniforms, books and approved supplies for an Explorer Scout program, or for equipment, supplies, and training for the National City Community Emergency Response Team (CERT) Program whose purpose is to enhance EMS services; and WHEREAS, pursuant to the Second Amendment, the Ambulance Service Base Rate for Advanced Life Support is $1,919.62, effective June 18, 2013; and Resolution No. 2013 — Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Second Amendment to the Agreement between the City of National City and American Medical Response for Basic and Advanced Life Support Services, extending the term of the Agreement for two years, expiring on June 30, 2015, modifying the Franchise Fee Payments, providing for funds not to exceed $6,000 per year for City's Explorer Scout Program of CERT Program, and setting the Ambulance Service Base Rate for Advanced Life Support at $1,919,62, all as stated in the Second Amendment. Said Second Amendment to the Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. L3 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Willis Insurance Services of California, Inc. for insurance brokerage services effective July 1, 2013 for a period of two years with the ability to extend by one year increments for up to an additional three years. Lilia Mufioz PREPARED BY: Executive Assistant II PHONE: 336-4309 EXPLANATION: DEPARTMENT: Hkn Resour APPROVED BY: In an effort to evaluate the competitiveness and effectiveness of our current insurance broker services, staff initiated a Request for Proposals (RFP) process in April 2013. In all, seven (7) responses to the RFP were received. After reviewing the proposals, three (3) firms were invited to interview with a subcommittee of the Benefits Committee. The proposed firm, Willis Insurance Services of California, Inc., was selected based upon their understanding of the industry in general, their comprehensive package of broker services and the staff support the firm has been able to provide to the City, as they are the City's current brokerage firm. Under the terms of the proposed agreement, the firm will be paid on a commission basis, consistent with typical industry practices, with a contract duration of two years with the ability to extend in one year increments for up to an additional three years. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Fees will be paid on a commission basis. Premiums are paid to the City's benefit providers. In turn, the providers pay a commission fee to the City's broker. Premiums are charged to departments based on a fixed cost distribution schedule. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review.] ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION: N/A1 ATTACHMENTS: Resolution Agreement] AGREEMENT BY AND BETWEEN I'Ii s✓ CITY OF NATIONAL CITY AND WILLIS INSURANCE SERVICES OF CALIFORNIA, INC. THIS AGREEMENT is entered into this 1st day of July, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WILLIS INSURANCE SERVICES OF CALIFORNIA, INC. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide insurance brokerage services. WHEREAS, the CITY has determined that the CONSULTANT is an insurance brokerage firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Stacey Stevenson, Director of Administrative Services hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress 1 City's Standard AAgreement-2O1l revision and execution of this Agreement for the CONSULTANT. Christie Barr of WILLIS INSURANCE SERVICES OF CALIFORNIA, INC. thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly broker commissions built into the employee benefit plans. CITY shall not be obligated to pay any commissions to CONSULTANT. CONSULTANT's commission is based upon percentages negotiated with the various insurance companies, and paid directly to the CONSULTANT by the various insurance companies. The commission percentage shall be disclosed to CITY. CONSULTANT's commission shall not exceed current commission percentages being paid for plan year 2013. The CONSULTANT's compensation may be revised if the City requests a change in the Coverages and/or Services during the Term of this Agreement, and if both parties enter into a written agreement documenting any change in Coverages, Services, or compensation. In addition, if there is a material change in the risk/exposure base, or the overall number of employees, both parties may revise the compensation upon further discussion. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2013 to June 30, 2015 (2-year agreement), which may be extended by the CITY in one-year increments for up to an additional three years (until June 30, 2018). 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT 2 City's Standard Agreement —2011 revision shall, upon request of the CITY, execute any further document(s) necessary to farther effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each 3 City's Standard Agreement —2011 i vision of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment applicable notices containing the discrimination language outlined in this non-discrimination clause. 4 City's Standard Agreemcut-2011 revision 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or wilful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 5 City's standard Agreement —2011 revision 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 6 City's Standard Agreement-2011 revision I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for 7 CitY's Standard Agreement-201I revision any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when deliveredto the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stacey Stevenson Director of Administrative Services Human Resources Department City of National City 140 East 12th Street, Suite A National City, CA 91950-4301 To CONSULTANT: Christie Barr Senior Vice President Willis Insurance Services of California, Inc. 4250 Executive Square, Suite 250 La Jolla, CA 92037 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 8 City's Standard Agreement-2011 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ® If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict.of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City CIerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. 9 City's standard Agreement —2011 revision E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 25. BROKER SERVICES AGREEMENT ADDENDUM. CONSULTANT agrees to abide by the Broker Services Agreement Addendum, Exhibit `B", and incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor WILLIS INSURANCE SERVICES OF CALIFORNIA, INC. (Corporation —t signatu es of two corporate officers) �1 i' By: .),Z3tu (lSi 10 (ity's Standard Agreement —2011 revision APPROVED AS TO FORM: (Title) Claudia G. Silva City Attorney By: (Name) (Print) (Title) C V� 11 City's Standard Agreement-2011 revision EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to perform consulting services as required by City. Consultant shall provide the necessary qualified personnel to perform the services. In performance of the services Consultant services include: 1. Strategic Planning • Assist in defining and prioritizing strategic health & welfare plan objectives • Assist in the evaluation of internal technical capabilities to determine increased/improved applications for administrative processes • Identify underperforming vendor relationship • Assess carrier/vendor customer service levels • Develop project action timelines • Periodic review of employee demographics • Assist in the development of an employee survey. Conduct survey and provide an executive summary detailing results • Discuss relevant benchmarking data 2. Financial Analysis • Perform financial review and analysis of experience reports • Assess current funding arrangements for appropriateness and make recommendations as needed • Evaluate current costs of benefits versus effectiveness of plan design • Review managed care expense and administrative service fees (where applicable) • Analyze utilization data and cost containment results of medical management • Forecast projected benefit costs to include maximum exposure • Evaluate excess loss coverage • Prepare experience reviews as directed • Assist in developing appropriate employee contributions levels • Perform trend analysis from available diagnostic and normative data 3. Renewal • Analyze and negotiate renewals with vendors • Review vendor renewal methodology, experience data, and assumptions for accuracy and logic • Compare vendor renewal with Willis projections • Develop and present alternative plan designs and provisions with associated financial and member impact analysis • Finalize program design, rates, and fees a minimum of 60 days prior to effective date • Prepare an accurate renewal document with recommendations for delivery to senior management (as needed) 12 City's Standard Agreement —2011 revision 4. Marketing • Develop plan specification based on feedback from strategic planning meeting • Jointly determine list of vendors best suited to meet plan goals and objectives • Develop vendor performance guarantees with monetary penalties as necessary • Assist in the review of current electronic data transfer processes with vendors • Perform pre -marketing evaluation of census data, network service areas, and administrative needs • Evaluate carrier client support services • Evaluate vendor financial ratings and accreditation • Review provider network accessibility/employee match • Perform critical analysis and comparison of plan features and costs • Assist in the scheduling of selected finalist site visits • Assist in conducting finalist negotiations • Prepare and submit a summary report with recommendations to management • Assist in the notification of all bidders as to the final outcome 5. Annual Enrollment • Assist in the planning of employee meetings, round tables, and health seminars • Provide guidance on delivering a comprehensive communication strategy • Introduce workable technology solutions for communications and enrollment where appropriate • Coordinate vendor sponsored communication material 6. Compliance • Provide legislative updates as needed • Review plan documents and summary plan descriptions for regulatory compliance from a non -legal perspective (client would need to retain legal advice) • Provide access to periodic web casts compliance sessions 7. Account Management Services • Serve as a liaison between the client and all insurance companies/vendors • Monitor administrative process and assist in the smooth resolution of elevated issues • Act as an employee/employer advocate in the resolution of ongoing claims issues 13 City's Standard Agreement-2011 revision EXHIBIT "B" BROKER SERVICES AGREEMENT ADDENDUM Requested Language The following disclosure is made by Willis Insurance Services of California, Inc., ("we" or "us") to The City of National City ("you"), in connection with the agreement for insurance brokerage services ("Services') entered into between the parties. Before we bind the specific insurance coverage you desire to purchase we will disclose to you in writing: (a) a summary of all quotes and indications we sought and received with certain pertinent information, or, if you prefer, a copy of all quotes and indications we sought and all quotes or indications we received in connection with that coverage; (b) any interest we may have in, or contractual arrangements we may have with, any of the prospective insurers; and (c) the maximum amount or percentage rate of compensation which we, our parent companies, subsidiariesor affiliates, may receive in connection with the placement of the insurance coverage; and we will obtain your written consent to the amount or rate of compensation we will receive before coverage is bound. You understand and agree that you shall make final decisions with respect to underwriting submissions and all matters relating to your insurance coverage, risk management, and loss control needs and activities. We will procure the insurance coverage chosen by you, prepare insurance binders, and review and transmit policies to you. We will assess the financial soundness of the insurers we recommend to provide your coverages based on publicly available information, including that produced by well -recognized rating agencies. Upon request, we will provide you with our factual analysis of such insurers. We cannot, however, guarantee or warrant the solvency of any insurer or any intermediary that we may use to place your coverage. We will review all policies and endorsements delivered to us by insurers or intermediaries for the purpose of confirming their accuracy and conformity to negotiated specifications and your instructions and advise you of any errors in, or recommended changes to, such policies. You agree that you will also review all policies and endorsements delivered to you and advise us of any questions you have or of any document or provision that you discover which you believe may not be in accordance with your instructions. We will meet, as requested by you, with your representatives to explain coverage and policies. We will promptly respond to your requests for coverage information, analysis of changing market conditions, and assistance in developing procedures for handling loss exposures, and assist you in reporting subsequent changes in underwriting information to insurance companies. 14 C iity's standard Agrscanent —2011 revision We will inform you of the reporting requirements for claims, including where claims should be reported and the method of reporting to be used, if applicable. Please carefully review any claims -reporting instructions or information we provide you because failure to timely and properly report a claim may jeopardize coverage for the claim. In addition, you should retain copies of all insurance policies and coverage documents as well as claims -reporting instructions after termination of the policies because in some cases you may need to report claims after termination of a policy. Prior to binding we will also seek your written consent to the actual commission we will earn from each carrier as required by the Assurance of Discontinuance with the Attorney General of the State of New York. Only the Fee is in addition to the net premium paid for the Coverages. Commissions are paid by insurers from the premiums you pay and are eamed by us for the entire policy period at the time we place policies for you If any insurer requires us to receive commissions in regard to any of the Coverages which are inconsistent with the provisions above, we will promptly notify you of such commissions and seek your written consent to receive them. Our compensation may be revised if you request a change in the coverages and/or services during the term of this Agreement and we enter into a written agreement documenting any change in Coverages, Services and Compensation. In some cases the use of a wholesale broker may be beneficial to you. We will not directly or indirectly knowingly place or renew your insurance business through a wholesale broker unless we first disclose to you in writing: (a) any interest we have in, or any contractual agreements we have with, the wholesale broker; and (b) any alternatives to using the wholesale broker; and (c) any compensation we or our corporate parents, subsidiaries or affiliates will receive as a result; and obtain your consent to do so. If we expect to recommend the use of a wholesale broker, any compensation we or our corporate parents, subsidiaries or affiliates will receive as a result is also included in the total compensation provided for in the brokerage agreement between the parties. Other parties such as underwriting managers or managing general agents may also earn and retain usual and customary commissions for their roles in providing insurance products and services to you. If any such parties are corporate parents, subsidiaries or affiliates of ours, any compensation we or our corporate parents, subsidiaries or affiliates will receive is included in the total compensation provided for in the brokerage agreement between the parties. 15 C ity's Standard Agreement —2011 revision You may choose to use a premium finance company, property appraiser, structured settlement firm or other similar service provider in connection with the insurance coverages we place for you or the Services we provide to you. If you elect to use a service provider from which we or our corporate parents, subsidiaries or affiliates will receive any compensation directly or indirectly relating to the services you purchase from the provider, we will disclose additional information regarding that compensation to you before you make a final decision to use the service provider. In the ordinary course of business we may also receive and retain interest on premiums you pay from the date we receive the funds until we pay them to the insurers or intermediaries. As an insurance intermediary, we normally act for you. However, we or our corporate parents, subsidiaries or affiliates may provide services to insurers for some insurance products. These services may include (a) acting as a managing general agent, program manager or in other similar capacities which give us binding authority enabling us to accept business on their behalf and immediately provide coverage for a risk; (b) arranging Iineslips or similar facilities which enable an insurer to bind business for itself and other insurers; or (c) managing Iineslips for insurers. Contracts with these insurers may grant us certain rights or create certain obligations regarding the marketing of insurance products provided by the insurers. We may place your insurance business under such a managing general agent's agreement, binding authority, lineslip or similar facility when we reasonably consider that these match your insurance requirements/instructions. When we intend to do so, we shall inform you and disclose the contractual arrangements we have with the insurer in accordance this disclosure. We may also provide reinsurance brokerage services to insurers with which your coverage is placed pursuant to separate agreements with those insurers. We may be compensated by the insurers for these services in addition to any compensation we may receive for placement of your insurance coverages. The insurance market is complex, and there could be other relationships which are not described in this document which might create conflicts of interest. Notwithstanding any possible conflict which might exist, we will act in your best interests at all times in providing the Services to you. If a conflict arises for which there is no practicable way of complying with this commitment, we will promptly inform you and withdraw from the engagement, unless you wish us to continue to provide the Services and will provide your written consent. Prices on the Services specified herein are exclusive of all federal, state and local sales, use, excise, receipts, gross income and other similar taxes and govemmental charges. Any such taxes or charges upon the Services provided hereunder, now imposed or hereafter becoming effective during the term of this agreement, shall be added to the price herein provided and paid by you unless, in lieu thereof, you provide us with a valid tax exemption certificate acceptable to us. 16 City's standard Agreement —2011 revision 1.c" CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 08/02/ 20121 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED HOLDER. THIS BY THE POLICIES AUTHORIZED A CONTRACT BETWEEN THE ISSUING INSURER(S), IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poiicy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statementon this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PROOUCER Willis of New York, Inc. c/o 26 Century Blvd. P. 0. Box 305191 Nashville, TN 37230-5191 comm. PHON•ON EI FAX n We Nr rr 677-945-7378 i ayc No7 088-467-2378 ArMaFAR• certificatesewillis.coml NBURER(S$FFORDNO COVERAGE WC* INSURERA:National Onion Firs Insurance Co. of Pitt 19445-001 NUMB Millis North America, Inc. One World Financial Ctr. 200 Liberty Street New York, NY 102E1 I ww.,rw w,-w-.-- INSURERB:COomuirae and Industry Insurance Coepaay 19410-002 INSURERc:Iorurancs Company of the State of Penney' 19429-001 IN SURER D: Nnr Hampshire Insurance Company 23841-00I INSURER E: INSURER F: . _ _ _.. _... - .--...--... noirUDNn name CPC 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 CONDRION 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. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NBa l� TYPE OF INSURANCE ADM SUER n y= POLICY NUMBER j yy yy) I mI rp UNTTs A aENaRALUAatuTY Y GL1929656 7/1/2012 7/1/2013 EpAµCAH�0�0TOpuRpR�ENrC�E $ 1.000,000 X COMMERCULL GENERAL UA8flJ IY CLAIMS -MADE X OCCUR PRELMSES(Esoswsenoel MEDEXP(Nryorepanon) $ 1,000.000 X Contractual Liability PRSONAL&ADVINJURY I 10.000 GENERALAOGREGATE s 1.000.000 �GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG i 5, 000. 000 ; 1.000.000 X I POLICY n Peg n LOC - ; A AUTOU0eLEUAEBIIY Y CA0939749 7/1/2012 7/1/2013 u DrNOLELIMR i 1,000,000 ANY AUTO ALL OWNED —SCHEDULED - WORM INJURY(Perperson) ; AUTOS /,U'f0.q BODILY PUURY(Rr soddant) $ X HIREDAUTO9 XOWHED PROsPEfDAMAOE (� 1 s ; A X UMBRELLA UPS X OCCUR BZ19700254 7/1/2012 7/1/2013 EACHOCCUR ENCE ; 3.000.000 EXCESS LLAB CLAIMS -MADE AGGREGATE i 3,000.000 OW IRETENRON; i B WORKERS AND EMPLOYERS* LIANIUTY Y(� Y KC015684665 (1L) 7/1/2012 7/1/2013 X ImRviru1 1 sou C ANYPROPRETORIPARTNERIEXECUTIVErT R EXCLUDED?L� NIA Y WC015684666 (CA)OFFICITUMEINIE 7/1/2012 7/1/2013 EL.EACHACCIOENT ; 1,000,000 D tyrenr, Y WC015684668 (A08) 7/1/2012 7/1/2013 EJ_DISEASE-EA EMPLOYEE $ 1,000,000 D DESCRIPTION OPOPERATIONS bNpv (IOi) WC015684667 7/1/2012 7/1/2013 El. DISEASE -POLICY WAIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS/ LocA1ONB I VEHICLES Mash Aeord 101. Adams, Renrrkr edrads4i, IT mom space Is raflrslad) It is agreed that The City of National City, its elected officials, officers, agents end employees are included as Additional Inrureda as respects to general Liability and Auto Liability where required by written contract or agreement. Waiver of 8ubrogatioa applies in favor of The City of National City, it. elected officials, officers, agents and employees with respects to Workers Compensation coverage where required by written contract as permitted by law. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCO' . ,• WITH E POLICY PROVISIONS. The City of National City Co11:3815764 Tp1:1475984 Cart: . 634 ®1 88-2010 ACORD CORPORATION. Ali rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks . ACORD Nana trading Environmental, kw. Hunt Mumma Group, LLC InsuranwAbodle, Inc Madsen, Oddy 8 Ataodtlle, Inc. Plitedelpide Besets, LLC Premium Funding Associates, Inc. Ravenswood Promise, Inc. Smah, Ball i Thompson, Inc. Westport Randal BeMow, LLC Westport HRH. LLC Wlle Adnid*adw S.Moss Cerporean WLidsAmer{ws Adr *M.11n. Inc. Walls Benefits of Parrmsyivanla, Inc. Wlllls Glseonia Fife. LLC Wlllls HRH. Inc. Wlllls insurance Brokerage of Ulsh, Inc. Wilds Insurance Services of Caakanla, Inc. Walls Imramce Services of Georgia, Inc. Woks Managemanl (Vemant) Ltd. W/a of Alabama. Inc. Wale of Arizona, Inc. Web of Colorado, Inc. Wilds of Connecdcul, LLC Wlllla of Delaware, Inc. Walla of Podds, Inc. Wilda of Greece Kano, Inc. Wads of Illinois, Inc. Wads of Ululation, Inc. WNW of Maryland, Inc. Wills of Maesadsaaate, Inc. Web at Michigan, Ira Walla of Minnesota, Inc. Was dhasak alppl, ice. War arNew Hamadan,. Inc. WE. of New Jersey, Inc. WOW of New York, Inc. Ward North Carotins, Ins Willis of Northam New EngleM, Inc. Wilds of Ohio, Inc. Wads or OWehoma, Ina Wale 0Oregon, Inc. Walla of Pennsylvania, Inc. Ward Beadle, Inc. Wlas ofTimes's*, Inc. W ns of Terms, kw. Was d Virginia, Inc. Wads of Wisconsin, Inc Wills of Wyomkg, Inc. WUs Personal Lino, LLC Wile Programs of Connecticut, Inc. Was Re Inc. ' Wills Seasidas, Inc. Willis Services LLC ENDORSEMENT This endorsement,. effective 12:01 A.M. 07/01 /2012 forms a part of policy No.CA 093-97-49 issued to WILLIS NORTH AMERICA INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT.. NEW YORK This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND +` TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OH SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING DUT OF THE USE OF A COVERED .AUTO" I. SECTION II - UABILITY COVERAGE, A. Coverage, 1. - Who is Insured, is amended to add: d. Any person or organization, shown In the schedule above, to whom you become obligated to Include as an additional insured under this policy, as a resuh of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided through this endorsement will not exceed the lesser of: (1} The.coverage end/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 94199 (3/07) orb a°3ieolaz �States ntar Countersignature ( Where Applicable; Pago 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 07 /01 /2012 forms a pert of policy No.GL 192-96-56 Issued to WILLIS NORTH AMERICA INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF P IYTSSURGH. PA HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT TMe endorsement marries Insurance provided under the farming: COMMERCIAL GENERAL LIAB$LTIY COVERAGE FORM Section N - Who Is an Insured, 1., la amended to add: f) Any person or organization to whom you become obligated to include as an additional Insured under this policy, as a result of any contract or agreement you enter Into which requires you to furnish insurance to that person or organization of the type provided by this policy, but orgy with respect to liability arising out of your operations or promises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage end/or limits required by said contract or agreement. 61712 (9/01) AAA0/411orized ve or ` presentatifin Stetee Where A1C.ala>atirt RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WILLIS INSURANCE SERVICES OF CALIFORNIA, INC., FOR INSURANCE BROKERAGE SERVICES EFFECTIVE JULY 1, 2013 FOR A PERIOD OF TWO YEARS WITH THE ABILITY TO EXTEND BY ONE YEAR INCREMENTS FOR UP TO AN ADDITIONAL THREE YEARS WHEREAS, the City desires to employ a consultant to provide insurance brokerage services; and WHEREAS, the City initiated a Request for Proposals for insurance brokerage services and seven entities responded, including Willis Insurance Service of California, Inc.; and WHEREAS, Willis Insurance Services of California, Inc., an employee benefits firm, was selected based upon their understanding of the industry in general, their comprehensive package of brokerage services, and the support services the firm has provided the City, demonstrating their qualifications through experience and ability to perform. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Willis Insurance Services of California, Inc., to provide Insurance Brokerage Services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO.14 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Confidential employee group for fiscal year 2013-2014 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED EXPLANATION: Resour -s All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2013- 2014 salary schedule for classifications within the Confidential employee group. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for Confidential employee group are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Confidential Employee Group Salary Schedule CITY OF NATIONAL CITY CONFIDENTIAL EMPLOYER GROUP SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 Exhibit A TITLE/RANGE STEP A STEP B STEP C STEP D STEP E MIS Technician II c144 BI-WEEKLY 2,596.16 2,725.97 2,862.26 3,005.38 3,155.65 MONTHLY 5,625.01 5,906.26 6,201.57 6,511.65 6,837.23 ANNUAL 67,500.10 70,875.11 74,418.86 78,139.81 82,046.80 HOURLY 32.4520 34.0746 35.7783 37.5672 39.4456 MIS Technician I c130 BI-WEEKLY 2,280.83 2,394.87 2,514.62 2,640.35 2,772.36 MONTHLY 4,941.80 5,188.89 5,448.34 5,720.75 6,006.79 ANNUAL 59,301.61 62,266.69 65,380.03 68,649.03 72,081.48 HOURLY 28.5104 29.9359 31.4327 33.0043 34.6546 Executive Assistant IV c115 BI-WEEKLY 1,991.27 2,090.83 2,195.37 2,305.14 2,420.40 MONTHLY 4,314.41 4,530.13 4,756.63 4,994.47 5,244.19 ANNUAL 51,772.89 54,361.54 57,079.61 59,933.59 62,930.27 HOURLY 24.8908 26.1354 27.4421 28.8142 30.2549 Executive Assistant III c109 BI-WEEKLY 1,886.17 1,980.48 2,079.51 2,183.48 2,292.66 MONTHLY 4,086.71 4,291.05 4,505.60 4,730.88 4,967.42 ANNUAL 49,040.55 51,492.58 54,067.21 56,770.57 59,609.09 HOURLY 23.5772 24.7560 25.9938 27.2935 28.6582 Executive Assistant II c101 BI-WEEKLY 1,753.88 1,841.58 1,933.66 2,030.34 2,131.86 MONTHLY 3,800.08 3,990.09 4,189.59 4,399.07 4,619.02 ANNUAL 45,600.98 47,881.03 50,275.08 52,788.84 55,428.28 HOURLY 21.9235 23.0197 24.1707 25.3792 26.6482 Payroll Technician & Confidential Assistant (At -Will) c092 BI-WEEKLY 1,617.33 1,698.19 1,783.10 1,872.26 1,965.87 MONTHLY 3,504.21 3,679.42 3,863.39 4,056.56 4,259.39 ANNUAL 42,050.52 44,153.04 46,360.69 48,678.73 51,112.66 HOURLY 20.2166 21.2274 22.2888 23.4032 24.5734 Executive Assistant I c087 BI-WEEKLY 1,546.55 1,623.88 1,705.07 1,790.33 1,879.84 MONTHLY 3,350.86 3,518.40 3,694.32 3,879.04 4,072.99 ANNUAL 40,210.32 42,220.84 44,331.88 46,548.48 48,875.90 HOURLY 19.3319 20.2985 21.3134 22.3791 23.4980 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE CONFIDENTIAL EMPLOYEE GROUP FOR FISCAL YEAR 2013-2014 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2013-2014 Salary Schedule for the Confidential Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 18th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "MEETING DATE: June 18, 2013 AGENDA ITEM NO. 15 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Police Officers' Association employee group for fiscal year 2013-2014 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTM .N PHONE: 336-4308 APPRQVEED B EXPLANATION: urces All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2013- 2014 salary schedule for classifications represented by the Police Officers' Association (POA). FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for employees represented by the POA are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Police Officers' Association Salary Schedule CITY OF NATIONAL CITY POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 Exhibit A RANGE DESCRIPTION STEP A STEP B STEP C STEP D STEP E POLICE LIEUTENANT P148 BI-WEEKLY 4,000.11 4,200.12 4,410.12 4,630.63 4,862.16 ANNUAL 104,002.86 109,203.12 114,663.12 120,396.38 126,416.16 MONTHLY 8,666.91 9,100.26 9,555.26 10,033.03 10,534.68 40/HR WEEK 50.00 52.50 55.13 57.88 60.78 POLICE SERGEANT P136 POLICE CORPORAL P122 POLICE OFFICER P121 POLICE RECRUIT P119 BI-WEEKLY 3,181.60 3,340.68 3,507.71 3,683.10 3,867.25 ANNUAL 82,721.60 86,857.68 91,200.46 95,760.60 100,548.50 MONTHLY 6,893.47 7,238.14 7,600.04 7,980.05 8,379.04 40/HR WEEK 39.77 41.76 43.85 46.04 48.34 BI-WEEKLY 3,263.88 ANNUAL 84,860.88 MONTHLY 7,071.73 40/HR WEEK 40.80 81-WEEKLY 2,434.13 2,555.84 2,819.47 2,960.44 3,108.46 ANNUAL 63,287.38 66,451.84 73,306.22 76,971.44 80,819.96 MONTHLY 5,273.95 5,537.65 6,108.85 6,414.29 6,735.00 40/HR WEEK 30.43 31.95 35.24 37.01 38.86 BI-WEEKLY 1,970.33 2,068.53 2,281.88 2,395.97 2,515.77 ANNUAL 51,220.78 53,781.78 59,328.88 62,295.22 65,410.02 MONTHLY 4,268.40 4,481.82 4,944.07 5,191.27 5,450.84 40/HR WEEK 24.63 25.86 28.52 29.95 31.45 ANIMAL CONTROL OFFICER P094 BI-WEEKLY 1,712.21 1,797.83 1,887.72 1,982.10 2,081.21 ANNUAL 44,517.46 46,743.58 49,080.72 51,534.60 54,111.46 MONTHLY 3,709.79 3,895.30 4,090.06 4,294.55 4,509.29 40/HR WEEK 21.40 22.47 23.60 24.78 26.02 SENIOR POLICE DISPATCHER P112 BI-WEEKLY 2,352.67 2,470.30 2,593.82 2,723.51 2,859.68 ANNUAL 61,169.42 64,227.80 67,439.32 70,811.26 74,351.68 MONTHLY 5,097.45 5,352.32 5,619.94 5,900.94 6,195.97 40/HR WEEK 29.41 30.88 32.42 34.04 35.75 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE POLICE OFFICERS' ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2013-2014 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2013-2014 Salary Schedule for the Police Officers' Association Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 18th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO.16 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Municipal Employees' Association employee group for fiscal year 2013-2014 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED B EXPLANATION: urces All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2013- 2014 salary schedule for classifications represented by the Municipal Employees' Association (MEA). FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for employees represented by the MEA are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution List of Classifications Represented by the Municipal Employees' Association Municipal Employees' Association Salary Schedule City of National City Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY THE MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2013-2014 Exhibit A Accountant 114 $3,891 - $4,730 Accountant Trainee 96 $3,304 - $4,016 Accounting Assistant 76 $2,778 - $3,376 Administrative Secretary 87 $3,051 - $3,709 Buyer 92 $3,190 - $3,878 Executive Secretary 101 $3,460 - $4,205 Management Analyst Trainee 101 $3,460 - $4,205 Office Assistant 53 $2,209 - $2,685 Purchasing Clerk 76 $2,778 - $3,376 Senior Accounting Assistant 92 $3,190 - $3,878 Senior Office Assistant 63 $2,485 - $3,020 Assistant Engineer -Civil 143 $5,074 - $6,168 Assistant Planner 119 $4,067 - $4,944 Associate Engineer -Civil 156 $5,731 - $6,966 Associate Planner 130 $4,499 - $5,468 Building Inspector 123 $4,230 - $5,141 Building Inspector/Plan Checker 133 $4,625 - $5,622 Civil Engineering Technician 108 $3,682 - $4,476 Code Conformance Officer I 113 $3,857 - $4,688 Code Conformance Officer II 123 $4,230 - $5,141 Construction Inspector 118 $4,033 - $4,902 Fire Inspector 123 $4,230 - $5,141 Housing Inspector I 113 $3,857 - $4,688 Housing Inspector II 123 $4,230 - $5,141 Permit Technician 86 $3,032 - $3,685 Planning Technician 98 $3,364 - $4,088 1 City of National City Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY THE MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2013-2014 Exhibit A Senior Building Inspector 133 $4,625 - $5,622 Senior Civil Engineering Technician 123 $4,230 - $5,141 Senior Code Conformance Officer 133 $4,625 - $5,622 Senior Construction Inspector 133 $4,625 - $5,622 Storm Water Compliance Inspector 123 $4,230 - $5,141 Executive Chef 81 $2,895 - $3,519 Home Delivered Meals Coordinator 60 $2,418 - $2,940 Librarian 124 $4,261 - $5,180 Library Assistant 63 $2,485 - $3,020 Library Technician 88 $3,083 - $3,748 Neighborhood Council Specialist 101 $3,460 - $4,205 Recreation Center Supervisor 95 $3,276 - $3,982 Recreation Supervisor 112 $3,819 - $4,642 Senior Library Technician 93 $3,227 - $3,922 Sous Chef 63 $2,485 - $3,020 Abandoned Vehicle Abatement Officer 83 $2,949 - $3,584 Community Services Officer 73 $2,705 - $3,288 Crime Analyst 120 $4,107 - $4,993 Crime Scene Specialist 112 $3,819 - $4,642 Parking Regulations Officer 83 $2,949 - $3,584 Police Dispatcher 113 $3,857 - $4,688 Police Investigative Aide 105 $3,588 - $4,361 Police Investigator (Non -sworn) 123 $4,230 - $5,141 1 2 City of National City Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY THE MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2013-2014 Exhibit A Police Operations Assistant 93 $3,227 - $3,922 Police Records Clerk 63 $2,485 - $3,020 Police Records Supervisor 120 $4,107 - $4,993 Property & Evidence Specialist I 92 $3,190 - $3,878 Property & Evidence Specialist II 112 $3,819 - $4,642 Property & Evidence Unit Supervisor 123 $4,230 - $5,141 Training Coordinator 74 $2,729 - $3,317 Community Development Specialist I 119 $4,067 - $4,944 Community Development Specialist II 130 $4,499 - $5,468 Housing Assistant 89 $3,118 - $3,788 Housing Specialist 116 $3,962 - $4,816 Senior Housing Specialist 126 $4,343 - $5,279 Assistant Tree Trimmer 82 $2,927 - $3,558 Lead Tree Trimmer 93 $3,227 - $3,922 Park Caretaker 74 $2,729 - $3,317 Park Supervisor 109 $3,721 - $4,522 Parks Equipment Operator 98 $3,364 - $4,088 Senior Park Caretaker 82 $2,927 - $3,558 Tree Trimmer 87 $3,051 - $3,709 3 City of National City Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY THE MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2013-2014 Exhibit A Building Trades Specialist 102 $3,494 — $4,247 Carpenter 102 $3,494 — $4,247 Custodian 56 $2,335 — $2,838 Electrician 102 $3,494 — $4,247 Equipment Mechanic 105 $3,588 — $4,361 Equipment Operator 98 $3,364 — $4,088 Lead Equipment Mechanic 115 $3,928 — $4,774 Maintenance Worker 76 $2,778 — $3,376 Plumber 102 $3,494 — $4,247 Senior Equipment Operator 110 $3,752 — $4,561 Senior Traffic Painter 98 $3,364 — $4,088 Street Sweeper Operator 98 $3,364 — $4,088 Supervising Custodian 67 $2,566 — $3,119 Traffic Painter 86 $3,032 — $3,685 Wastewater Crew Chief 110 $3,752 — $4,561 4 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY 051 A B C D E 052 A B C D E 053 A B C D E 054 A B C D E 055 A B C D E 056 A B C D E 057 A B C D E 12.92 13.56 14.24 14.95 15.70 12.62 13.25 13.92 14.61 15.34 12.74 13.38 14.05 14.75 15.49 12.84 13.48 14.15 14.86 15.61 12.97 13.62 14.30 15.02 15.77 13.47 14.14 14.85 15.59 16.37 13.61 14.29 15.00 15.75 16.54 1,033.36 1,085.02 1,139.27 1,196.23 1,256.04 1,009.81 1,060.29 1,113.31 1,168.98 1,227.42 1,019.42 1,070.40 1,123.92 1,180.13 1,239.12 1,027.11 1,078.48 1,132.38 1,189.01 1,248.47 1,037.71 1,089.60 1,144.07 1,201.28 1,261.34 1,077.64 1,131.51 1,188.08 1,247.49 1,309.86 1,088.67 1,143.11 1,200.26 1,260.27 1,323.27 MONTHLY ANNUAL 2,238.95 26,867.36 2,350.88 28,210.52 2,468.42 29,621.02 2,591.83 31,101.98 2,721.42 32,657.04 2,187.92 26,255.06 2,297.30 27,567.54 2,412.17 28,946.06 2,532.79 30,393.48 2,659.41 31,912.92 2,208.74 26,504.92 2,319.20 27,830.40 2,435.16 29,221.92 2,556.95 30,683.38 2,684.76 32,217.12 2,225.41 26,704.86 2,336.71 28,040.48 2,453.49 29,441.88 2,576.19 30,914.26 2,705.02 32,460.22 2,248.37 26,980.46 2,360.80 28,329.60 2,478.82 29,745.82 2,602.77 31,233.28 2,732.90 32,794.84 2,334.89 28,018.64 2,451.61 29,419.26 2,574.17 30,890.08 2,702.90 32,434.74 2,838.03 34,056.36 2,358.79 28,305.42 2,476.74 29,720.86 2,600.56 31,206.76 2,730.59 32,767.02 2,867.09 34,405.02 Exhibit B Pace 1 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 058 A 13.73 1,098.42 2,379.91 28,558.92 B 14.42 1,153.33 2,498.88 29,986.58 C 15.14 1,211.00 2,623.83 31,486.00 D 15.89 1,271.56 2,755.05 33,060.56 E 16.69 1,335.14 2,892.80 34,713.64 059 A 13.84 1,107.24 2,399.02 28,788.24 B 14.53 1,162.58 2,518.92 30,227.08 C 15.26 1,220.70 2,644.85 31,738.20 D 16.02 1,281.73 2,777.08 33,324.98 E 16.82 1,345.85 2,916.01 34,992.10 060 A 13.95 1,116.19 2,418.41 29,020.94 B 14.65 1,171.99 2,539.31 30,471.74 C 15.38 1,230.59 2,666.28 31,995.34 D 16.15 1,292.12 2,799.59 33,595.12 E 16.96 1,356.74 2,939.60 35,275.24 061 A 14.05 1,124.05 2,435.44 29,225.30 B 14.75 1,180.25 2,557.21 30,686.50 C 15.49 1,239.27 2,685.09 32,221.02 D 16.27 1,301.23 2,819.33 33,831.98 E 17.08 1,366.28 2,960.27 35,523.28 062 A 14.21 1,136.90 2,463.28 29,559.40 B 14.92 1,193.76 2,586.48 31,037.76 C 15.67 1,253.43 2,715.77 32,589.18 D 16.45 1,316.11 2,851.57 34,218.86 E 17.27 1,381.90 2,994.12 35,929.40 063 A 14.33 1,146.74 2,484.60 29,815.24 B 15.05 1,204.09 2,608.86 31,306.34 C 15.80 1,264.29 2,739.30 32,871.54 D 16.59 1,327.51 2,876.27 34,515.26 E 17.42 1,393.88 3,020.07 36,240.88 064 A 14.45 1,155.67 2,503.95 30,047.42 B 15.17 1,213.46 2,629.16 31,549.96 C 15.93 1,274.14 2,760.64 33,127.64 D 16.72 1,337.85 2,898.68 34,784.10 E 17.56 1,404.72 3,043.56 36,522.72 Exhibit B Page 2 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 065 A 14.57 1,165.47 2,525.19 30,302.22 B 15.30 1,223.75 2,651.46 31,817.50 C 16.06 1,284.94 2,784.04 33,408.44 D 16.86 1,349.17 2,923.20 35,078.42 E 17.71 1,416.64 3,069.39 36,832.64 066 A 14.69 1,175.39 2,546.68 30,560.14 B 15.43 1,234.17 2,674.04 32,088.42 C 16.20 1,295.87 2,807.72 33,692.62 D 17.01 1,360.67 2,948.12 35,377.42 E 17.86 1,428.69 3,095.50 37,145.94 067 A 14.80 1,184.29 2,565.96 30,791.54 B 15.54 1,243.50 2,694.25 32,331.00 C 16.32 1,305.69 2,829.00 33,947.94 D 17.14 1,370.97 2,970.44 35,645.22 E 17.99 1,439.50 3,118.92 37,427.00 068 A 14.93 1,194.20 2,587.43 31,049.20 B 15.67 1,253.93 2,716.85 32,602.18 C 16.46 1,316.62 2,852.68 34,232.12 D 17.28 1,382.45 2,995.31 35,943.70 E 18.14 1,451.57 3,145.07 37,740.82 069 A 15.06 1,205.02 2,610.88 31,330.52 B 15.82 1,265.27 2,741.42 32,897.02 C 16.61 1,328.52 2,878.46 34,541.52 D 17.44 1,394.95 3,022.39 36,268.70 E 18.31 1,464.70 3,173.52 38,082.20 070 A 15.16 1,212.76 2,627.65 31,531.76 B 15.92 1,273.40 2,759.03 33,108.40 C 16.71 1,337.07 2,896.99 34,763.82 D 17.55 1,403.91 3,041.81 36,501.66 E 18.43 1,474.12 3,193.93 38,327.12 071 A 15.31 1,224.72 2,653.56 31,842.72 B 16.07 1,285.96 2,786.25 33,434.96 C 16.88 1,350.25 2,925.54 35,106.50 D 17.72 1,417.76 3,071.81 36,861.76 E 18.61 1,488.66 3,225.43 38,705.16 Exhibit B Page 3 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 072 A 15.44 1,235.58 2,677.09 32,125.08 B 16.22 1,297.37 2,810.97 33,731.62 C 17.03 1,362.23 2,951.50 35,417.98 D 17.88 1,430.34 3,099.07 37,188.84 E 18.77 1,501.85 3,254.01 39,048.10 073 A 15.61 1,248.42 2,704.91 32,458.92 B 16.39 1,310.84 2,840.15 34,081.84 C 17.20 1,376.39 2,982.18 35,786.14 D 18.07 1,445.20 3,131.27 37,575.20 E 18.97 1,517.46 3,287.83 39,453.96 074 A 15.74 1,259.35 2,728.59 32,743.10 B 16.53 1,322.31 2,865.01 34,380.06 C 17.36 1,388.43 3,008.27 36,099.18 D 18.22 1,457.85 3,158.68 37,904.10 E 19.13 1,530.76 3,316.65 39,799.76 075 A 15.88 1,270.14 2,751.97 33,023.64 B 16.67 1,333.64 2,889.55 34,674.64 C 17.50 1,400.33 3,034.05 36,408.58 D 18.38 1,470.34 3,185.74 38,228.84 E 19.30 1,543.86 3,345.03 40,140.36 076 A 16.03 1,282.04 2,777.75 33,333.04 B 16.83 1,346.15 2,916.66 34,999.90 C 17.67 1,413.45 3,062.48 36,749.70 D 18.55 1,484.13 3,215.62 38,587.38 E 19.48 1,558.34 3,376.40 40,516.84 077 A 16.15 1,291.72 2,798.73 33,584.72 B 16.95 1,356.30 2,938.65 35,263.80 C 17.80 1,424.13 3,085.62 37,027.38 D 18.69 1,495.33 3,239.88 38,878.58 E 19.63 1,570.09 3,401.86 40,822.34 Exhibit B Page 4 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 078 A 16.33 1,306.44 2,830.62 33,967.44 B 17.15 1,371.77 2,972.17 35,666.02 C 18.00 1,440.34 3,120.74 37,448.84 D 18.90 1,512.37 3,276.80 39,321.62 E 19.85 1,588.00 3,440.67 41,288.00 079 A 16.44 1,315.59 2,850.45 34,205.34 B 17.27 1,381.37 2,992.97 35,915.62 C 18.13 1,450.45 3,142.64 37,711.70 D 19.04 1,522.97 3,299.77 39,597.22 E 19.99 1,599.12 3,464.76 41,577.12 080 A 16.59 1,327.40 2,876.03 34,512.40 B 17.42 1,393.78 3,019.86 36,238.28 C 18.29 1,463.48 3,170.87 38,050.48 D 19.21 1,536.63 3,329.37 39,952.38 E 20.17 1,613.46 3,495.83 41,949.96 081 A 16.70 1,336.21 2,895.12 34,741.46 B 17.54 1,403.00 3,039.83 36,478.00 C 18.41 1,473.17 3,191.87 38,302.42 D 19.34 1,546.81 3,351.42 40,217.06 E 20.30 1,624.17 3,519.04 42,228.42 082 A 16.89 1,350.99 2,927.15 35,125.74 B 17.73 1,418.53 3,073.48 36,881.78 C 18.62 1,489.45 3,227.14 38,725.70 D 19.55 1,563.92 3,388.49 40,661.92 E 20.53 1,642.12 3,557.93 42,695.12 083 A 17.01 1,360.89 2,948.60 35,383.14 B 17.86 1,428.93 3,096.02 37,152.18 C 18.75 1,500.38 3,250.82 39,009.88 D 19.69 1,575.40 3,413.37 40,960.40 E 20.68 1,654.17 3,584.04 43,008.42 084 A 17.13 1,370.77 2,970.00 35,640.02 B 17.99 1,439.30 3,118.48 37,421.80 C 18.89 1,511.26 3,274.40 39,292.76 D 19.84 1,586.83 3,438.13 41,257.58 E 20.83 1,666.17 3,610.04 43,320.42 Exhibit B Page 5 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 085 A 17.28 1,382.65 2,995.74 35,948.90 B 18.15 1,451.80 3,145.57 37,746.80 C 19.05 1,524.37 3,302.80 39,633.62 D 20.01 1,600.60 3,467.97 41,615.60 E 21.01 1,680.63 3,641.37 43,696.38 086 A 17.49 1,399.38 3,031.99 36,383.88 B 18.37 1,469.35 3,183.59 38,203.10 C 19.29 1,542.81 3,342.76 40,113.06 D 20.25 1,619.94 3,509.87 42,118.44 E 21.26 1,700.94 3,685.37 44,224.44 087 A 17.60 1,408.26 3,051.23 36,614.76 B 18.48 1,478.67 3,203.79 38,445.42 C 19.41 1,552.59 3,363.95 40,367.34 D 20.38 1,630.21 3,532.12 42,385.46 E 21.40 1,711.74 3,708.77 44,505.24 088 A 17.79 1,423.10 3,083.38 37,000.60 B 18.68 1,494.24 3,237.52 38,850.24 C 19.61 1,568.96 3,399.41 40,792.96 D 20.59 1,647.40 3,569.37 42,832.40 E 21.62 1,729.77 3,747.84 44,974.02 089 A 17.99 1,438.92 3,117.66 37,411.92 B 18.89 1,510.89 3,273.60 39,283.14 C 19.83 1,586.43 3,437.27 41,247.18 D 20.82 1,665.75 3,609.13 43,309.50 E 21.86 1,749.03 3,789.57 45,474.78 090 A 18.11 1,448.73 3,138.92 37, 666.98 B 19.01 1,521.16 3,295.85 39,550.16 C 19.97 1,597.21 3,460.62 41,527.46 D 20.96 1,677.08 3,633.67 43,604.08 E 22.01 1,760.93 3,815.35 45,784.18 091 A 18.27 1,461.45 3,166.48 37,997.70 B 19.18 1,534.54 3,324.84 39,898.04 C 20.14 1,611.26 3,491.06 41,892.76 D 21.15 1,691.81 3,665.59 43,987.06 E 22.21 1,776.41 3,848.89 46,186.66 Exhibit B Page 6 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 092 A 18.41 1,472.49 3,190.40 38,284.74 B 19.33 1,546.11 3,349.91 40,198.86 C 20.29 1,623.42 3,517.41 42,208.92 D 21.31 1,704.59 3,693.28 44,319.34 E 22.37 1,789.81 3,877.92 46,535.06 093 A 18.62 1,489.22 3,226.64 38,719.72 B 19.55 1,563.66 3,387.93 40,655.16 C 20.52 1,641.86 3,557.36 42,688.36 D 21.55 1,723.94 3,735.20 44,822.44 E 22.63 1,810.15 3,921.99 47,063.90 094 A 18.77 1,501.97 3,254.27 39,051.22 B 19.71 1,577.04 3,416.92 41,003.04 C 20.70 1,655.90 3,587.78 43,053.40 D 21.73 1,738.70 3,767.18 45,206.20 E 22.82 1,825.63 3,955.53 47,466.38 095 A 18.90 1,511.84 3,275.65 39,307.84 B 19.84 1,587.46 3,439.50 41,273.96 C 20.84 1,666.83 3,611.47 43,337.58 D 21.88 1,750.16 3,792.01 45,504.16 E 22.97 1,837.66 3,981.60 47,779.16 096 A 19.06 1,524.77 3,303.67 39,644.02 B 20.01 1,601.00 3,468.83 41,626.00 C 21.01 1,681.05 3,642.28 43,707.30 D 22.06 1,765.11 3,824.41 45,892.86 E 23.17 1,853.38 4,015.66 48,187.88 097 A 19.26 1,540.55 3,337.86 40,054.30 B 20.22 1,617.57 3,504.74 42,056.82 C 21.23 1,698.46 3,680.00 44,159.96 D 22.29 1,783.36 3,863.95 46,367.36 E 23.41 1,872.54 4,057.17 48,686.04 098 A 19.41 1,552.40 3,363.53 40,362.40 B 20.38 1,630.02 3,531.71 42,380.52 C 21.39 1,711.51 3,708.27 44, 499.26 D 22.46 1,797.08 3,893.67 46,724.08 E 23.59 1,886.93 4,088.35 49,060.18 Exhibit B Page 7 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 099 A 19.60 1,568.12 3,397.59 40,771.12 B 20.58 1,646.52 3,567.46 42,809.52 C 21.61 1,728.86 3,745.86 44,950.36 D 22.69 1,815.30 3,933.15 47,197.80 E 23.83 1,906.08 4,129.84 49,558.08 100 A 19.80 1,583.95 3,431.89 41,182.70 B 20.79 1,663.15 3,603.49 43,241.90 C 21.83 1,746.30 3,783.65 45,403.80 D 22.92 1,833.62 3,972.84 47,674.12 E 24.07 1,925.30 4,171.48 50,057.80 101 A 19.96 1,596.75 3,459.63 41,515.50 B 20.96 1,676.58 3,632.59 43,591.08 C 22.01 1,760.41 3,814.22 45,770.66 D 23.11 1,848.43 4,004.93 48,059.18 E 24.26 1,940.85 4,205.18 50,462.10 102 A 20.16 1,612.53 3,493.82 41,925.78 B 21.16 1,693.16 3,668.51 44,022.16 C 22.22 1,777.81 3,851.92 46,223.06 D 23.33 1,866.71 4,044.54 48,534.46 E 24.50 1,960.04 4,246.75 50,961.04 103 A 20.34 1,627.32 3,525.86 42,310.32 B 21.36 1,708.68 3,702.14 44,425.68 C 22.43 1,794.12 3,887.26 46,647.12 D 23.55 1,883.81 4,081.59 48,979.06 E 24.73 1,978.00 4,285.67 51,428.00 104 A 20.50 1,640.22 3,553.81 42,645.72 B 21.53 1,722.23 3,731.50 44,777.98 C 22.60 1,808.34 3,918.07 47,016.84 D 23.73 1,898.76 4,113.98 49,367.76 E 24.92 1,993.71 4,319.71 51,836.46 105 A 20.70 1,656.02 3,588.04 43,056.52 B 21.74 1,738.80 3,767.40 45,208.80 C 22.82 1,825.77 3,955.84 47,470.02 D 23.96 1,917.04 4,153.59 49,843.04 25.16 2,012.89 4,361.26 52,335.14 Exhibit B Page 8 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 106 A 20.86 1,668.86 3,615.86 43,390.36 B 21.90 1,752.30 3,796.65 45,559.80 C 23.00 1,839.91 3,986.47 47,837.66 D 24.15 1,931.90 4,185.78 50,229.40 E 25.36 2,028.49 4,395.06 52,740.74 107 A 21.05 1,683.75 3,648.13 43,777.50 B 22.10 1,767.95 3,830.56 45,966.70 C 23.20 1,856.34 4,022.07 48,264.84 D 24.36 1,949.15 4,223.16 50,677.90 E 25.58 2,046.61 4,434.32 53,211.86 108 A 21.24 1,699.43 3,682.10 44,185.18 B 22.30 1,784.38 3,866.16 46,393.88 C 23.42 1,873.61 4,059.49 48,713.86 D 24.59 1,967.30 4,262.48 51,149.80 E 25.82 2,065.67 4,475.62 53,707.42 109 A 21.46 1,717.19 3,720.58 44,646.94 B 22.54 1,803.06 3,906.63 46,879.56 C 23.66 1,893.19 4,101.91 49,222.94 D 24.85 1,987.87 4,307.05 51,684.62 E 26.09 2,087.25 4,522.38 54,268.50 110 A 21.65 1,731.91 3,752.47 45,029.66 B 22.73 1,818.52 3,940.13 47,281.52 C 23.87 1,909.43 4,137.10 49,645.18 D 25.06 2,004.92 4,343.99 52,127.92 E 26.31 2,105.16 4,561.18 54,734.16 111 A 21.84 1,746.81 3,784.76 45,417.06 B 22.93 1,834.15 3,973.99 47,687.90 C 24.07 1,925.85 4,172.68 50,072.10 D 25.28 2,022.16 4,381.35 52,576.16 E 26.54 2,123.27 4,600.42 55,205.02 112 A 22.03 1,762.55 3,818.86 45,826.30 B 23.13 1,850.67 4,009.79 48,117.42 C 24.29 1,943.20 4,210.27 50,523.20 D 25.50 2,040.36 4,420.78 53,049.36 E 26.78 2,142.37 4,641.80 55,701.62 Exhibit B Page 9 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 113 A 22.25 1,780.27 3,857.25 46,287.02 B 23.37 1,869.27 4,050.09 48,601.02 C 24.53 1,962.76 4,252.65 51,031.76 D 25.76 2,060.89 4,465.26 53,583.14 E 27.05 2,163.92 4,688.49 56,261.92 114 A 22.45 1,796.04 3,891.42 46,697.04 B 23.57 1,885.85 4,086.01 49,032.10 C 24.75 1,980.14 4,290.30 51,483.64 D 25.99 2,079.14 4,504.80 54,057.64 E 27.29 2,183.10 4,730.05 56,760.60 115 A 22.66 1,812.86 3,927.86 47,134.36 B 23.79 1,903.53 4,124.32 49,491.78 C 24.98 1,998.69 4,330.50 51,965.94 D 26.23 2,098.64 4,547.05 54,564.64 E 27.54 2,203.56 4,774.38 57,292.56 116 A 22.86 1,828.66 3,962.10 47,545.16 B 24.00 1,920.11 4,160.24 49,922.86 C 25.20 2,016.10 4,368.22 52,418.60 D 26.46 2,116.92 4,586.66 55,039.92 E 27.78 2,222.77 4,816.00 57,792.02 117 A 23.04 1,843.46 3,994.16 47,929.96 B 24.20 1,935.64 4,193.89 50,326.64 C 25.41 2,032.41 4,403.56 52,842.66 D 26.68 2,134.04 4,623.75 55,485.04 E 28.01 2,240.73 4,854.92 58,258.98 118 A 23.27 1,861.35 4,032.93 48,395.10 B 24.43 1,954.41 4,234.56 50,814.66 C 25.65 2,052.13 4,446.28 53,355.38 D 26.93 2,154.75 4,668.63 56,023.50 E 28.28 2,262.48 4,902.04 58,824.48 119 A 23.46 1,877.13 4,067.12 48,805.38 B 24.64 1,971.00 4,270.50 51,246.00 C 25.87 2,069.56 4,484.05 53,808.56 D 27.16 2,173.02 4,708.21 56,498.52 E 28.52 2,281.67 4,943.62 59,323.42 Exhibit B Page 10 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY 120 A B C D E 121 A B C D E 122 A B C D E 123 A B C D E 124 A B C D E 125 A B C D E 126 A B C D E 23.70 24.88 26.13 27.43 28.80 23.93 25.13 26.39 27.70 29.09 24.14 25.35 26.62 27.95 29.34 24.40 25.62 26.90 28.25 29.66 24.58 25.81 27.10 28.46 29.88 24.81 26.05 27.35 28.38 30.15 25.06 26.31 27.62 29.00 30.46 1,895.73 1,990.51 2,090.06 2,194.54 2,304.27 1,914.55 2,010.29 2,110.80 2,216.34 2,327.16 1,931.33 2,027.91 2,129.30 2,235.78 2,347.57 1,952.10 2,049.72 2,152.21 2,259.80 2,372.79 1,966.79 2,065.12 2,168.39 2,276.80 2,390.64 1,984.68 2,083.91 2,188.11 2,270.39 2,412.37 2,004.45 2,104.67 2,209.90 2,320.39 2,436.41 MONTHLY 4,107.42 4,312.77 4,528.46 4,754.84 4,992.59 4,148.19 4,355.63 4,573.40 4,802.07 5,042.18 4,184.55 4,393.81 4,613.48 4,844.19 5,086.40 4,229.55 4,441.06 4,663.12 4,896.23 5,141.05 4,261.38 4,474.43 4,698.18 4,933.07 5,179.72 4,300.14 4,515.14 4,740.91 4,919.18 5,226.80 4,342.98 4,560.12 4,788.12 5,027.51 5,278.89 ANNUAL 49,288.98 51, 753.26 54,341.56 57,058.04 59,911.02 49, 778.30 52,267.54 54,880.80 57,624.84 60,506.16 50,214.58 52,725.66 55,361.80 58,130.28 61,036.82 50, 754.60 53,292.72 55,957.46 58, 754.80 61, 692.54 51,136.54 53,693.12 56,378.14 59,196.80 62,156.64 51,601.68 54,181.66 56,890.86 59,030.14 62,721.62 52,115.70 54,721.42 57,457.40 60,330.14 63,346.66 Exhibit B Page 11 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 127 A 25.25 2,020.11 4,376.91 52,522.86 B 26.51 2,121.13 4,595.78 55,149.38 C 27.84 2,227.18 4,825.56 57,906.68 D 29.23 2,338.53 5,066.82 60,801.78 E 30.69 2,455.47 5,320.19 63,842.22 128 A 25.50 2,039.95 4,419.89 53,038.70 B 26.77 2,141.94 4,640.87 55,690.44 C 28.11 2,249.04 4,872.92 58,475.04 D 29.52 2,361.49 5,116.56 61, 398.74 E 30.99 2,479.57 5,372.40 64,468.82 129 A 25.73 2,058.60 4,460.30 53,523.60 B 27.02 2,161.53 4,683.32 56,199.78 C 28.37 2,269.62 4,917.51 59,010.12 D 29.79 2,383.10 5,163.38 61,960.60 E 31.28 2,502.24 5,421.52 65,058.24 130 A 25.95 2,076.29 4,498.63 53,983.54 B 27.25 2,180.12 4,723.59 56,683.12 C 28.61 2,289.12 4,959.76 59,517.12 D 30.04 2,403.58 5,207.76 62,493.08 E 31.55 2,523.75 5,468.13 65,617.50 131 A 26.20 2,096.03 4,541.40 54,496.78 B 27.51 2,200.83 4,768.47 57,221.58 C 28.89 2,310.87 5,006.89 60,082.62 D 30.33 2,426.42 5,257.24 63,086.92 E 31.85 2,547.75 5,520.13 66,241.50 132 A 26.45 2,115.86 4,584.36 55,012.36 B 27.77 2,221.66 4,813.60 57,763.16 C 29.16 2,332.74 5,054.27 60,651.24 D 30.62 2,449.36 5,306.95 63,683.36 E 32.15 2,571.84 5,572.32 66,867.84 133 A 26.68 2,134.61 4,624.99 55,499.86 B 28.02 2,241.36 4,856.28 58,275.36 C 29.42 2,353.42 5,099.08 61,188.92 D 30.89 2,471.10 5,354.05 64,248.60 E 32.43 2,594.64 5,621.72 67,460.64 Page 12 of 23 Exhibit B CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 134 A 26.95 2,156.28 4,671.94 56,063.28 B 28.30 2,264.10 4,905.55 58,866.60 C 29.72 2,377.30 5,150.82 61,809.80 D 31.20 2,496.17 5,408.37 64,900.42 E 32.76 2,620.99 5,678.81 68,145.74 135 A 27.16 2,173.18 4,708.56 56,502.68 B 28.52 2,281.83 4,943.97 59,327.58 C 29.95 2,395.93 5,191.18 62,294.18 D 31.45 2,515.71 5,450.71 65,408.46 E 33.02 2,641.52 5,723.29 68,679.52 136 A 27.43 2,194.77 4,755.34 57,064.02 B 28.81 2,304.50 4,993.08 59,917.00 C 30.25 2,419.74 5,242.77 62,913.24 D 31.76 2,540.71 5,504.87 66,058.46 E 33.35 2,667.75 5,780.13 69,361.50 137 A 27.69 2,215.48 4,800.21 57,602.48 B 29.08 2,326.26 5,040.23 60,482.76 C 30.53 2,442.55 5,292.19 63,506.30 D 32.06 2,564.68 5,556.81 66,681.68 E 33.66 2,692.91 5,834.64 70,015.66 138 A 27.94 2,235.37 4,843.30 58,119.62 B 29.34 2,347.11 5,085.41 61,024.86 C 30.81 2,464.49 5,339.73 64,076.74 D 32.35 2,587.71 5,606.71 67,280.46 E 33.96 2,717.09 5,887.03 70,644.34 139 A 28.22 2,257.97 4,892.27 58,707.22 B 29.64 2,370.86 5,136.86 61,642.36 C 31.12 2,489.40 5,393.70 64,724.40 D 32.67 2,613.87 5,663.39 67,960.62 E 34.31 2,744.57 5,946.57 71,358.82 140 A 28.48 2,278.74 4,937.27 59,247.24 B 29.91 2,392.68 5,184.14 62,209.68 C 31.40 2,512.30 5,443.32 65,319.80 D 32.97 2,637.91 5,715.47 68,585.66 E 34.62 2,769.81 6,001.26 72,015.06 Page 13 of 23 Exhibit B CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY 141 A B C D E 142 A B C D E 143 A B C D E 144 A B C D E 145 A B C D E 146 A B C D E 147 A B C D E 28.77 30.21 31.72 33.30 34.97 29.01 30.46 31.99 33.59 35.27 29.27 30.74 32.27 33.89 35.58 29.54 31.02 32.57 34.20 35.91 29.83 31.32 32.89 34.53 36.26 30.14 31.64 33.23 34.89 36.63 30.40 31.92 33.51 35.19 36.95 2,301.43 2,416.50 2,537.31 2,664.20 2,797.40 2,321.13 2,437.19 2,559.06 2,687.01 2,821.36 2,341.86 2,458.95 2,581.90 2,710.99 2,846.54 2,363.51 2,481.67 2,605.75 2,736.04 2,872.85 2,386.31 2,505.63 2,630.92 2,762.45 2,900.58 2,410.92 2,531.46 2,658.03 2,790.94 2,930.49 2,431.68 2,553.26 2,680.93 2,814.97 2,955.72 MONTHLY ANNUAL 4,986.43 59,837.18 5,235.75 62,829.00 5,497.51 65,970.06 5,772.43 69,269.20 6,061.03 72,732.40 5,029.12 60,349.38 5,280.58 63,366.94 5,544.63 66,535.56 5,821.86 69,862.26 6,112.95 73,355.36 5,074.03 60,888.36 5,327.73 63,932.70 5,594.12 67,129.40 5,873.81 70,485.74 6,167.50 74,010.04 5,120.94 61,451.26 5,376.95 64,523.42 5,645.79 67,749.50 5,928.09 71,137.04 6,224.51 74,694.10 5,170.34 62,044.06 5,428.87 65,146.38 5,700.33 68,403.92 5,985.31 71,823.70 6,284.59 75,415.08 5,223.66 62,683.92 5,484.83 65,817.96 5,759.07 69,108.78 6,047.04 72,564.44 6,349.40 76,192.74 5,268.64 5,532.06 5,808.68 6,099.10 6,404.06 63,223.68 66, 384.76 69,704.18 73,189.22 76,848.72 Exhibit B Page 14 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 148 A 30.68 2,454.33 5,317.72 63,812.58 B 32.21 2,577.05 5,583.61 67,003.30 C 33.82 2,705.89 5,862.76 70,353.14 D 35.51 2,841.18 6,155.89 73,870.68 E 37.29 2,983.25 6,463.71 77,564.50 149 A 30.98 2,478.15 5,369.33 64,431.90 B 32.53 2,602.06 5,637.80 67,653.56 C 34.15 2,732.16 5,919.68 71,036.16 D 35.86 2,868.77 6,215.67 74,588.02 E 37.65 3,012.20 6,526.43 78,317.20 150 A 31.26 2,500.73 5,418.25 65,018.98 B 32.82 2,625.77 5,689.17 68,270.02 C 34.46 2,757.04 5,973.59 71,683.04 D 36.19 2,894.91 6,272.31 75,267.66 E 38.00 3,039.63 6,585.87 79,030.38 151 A 31.51 2,520.46 5,461.00 65,531.96 B 33.08 2,646.46 5,734.00 68,807.96 C 34.74 2,778.80 6,020.73 72,248.80 D 36.47 2,917.73 6,321.75 75,860.98 E 38.30 3,063.62 6,637.84 79,654.12 152 A 31.83 2,546.09 5,516.53 66,198.34 B 33.42 2,673.40 5,792.37 69,508.40 C 35.09 2,807.05 6,081.94 72,983.30 D 36.84 2,947.41 6,386.06 76,632.66 E 38.68 3,094.77 6,705.34 80,464.02 153 A 32.13 2,570.79 5,570.05 66,840.54 B 33.74 2,699.33 5,848.55 70,182.58 C 35.43 2,834.30 6,140.98 73,691.80 D 37.20 2,976.01 6,448.02 77,376.26 E 39.06 3,124.80 6,770.40 81, 244.80 154 A 32.43 2,594.50 5,621.42 67,457.00 B 34.05 2,724.22 5,902.48 70,829.72 C 35.76 2,860.44 6,197.62 74,371.44 D 37.54 3,003.45 6,507.48 78,089.70 E 39.42 3,153.62 6,832.84 81,994.12 Exhibit B PanA 16 of 73 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 155 A 32.75 2,620.23 5,677.17 68,125.98 B 34.39 2,751.23 5,961.00 71,531.98 C 36.11 2,888.80 6,259.07 75,108.80 D 37.92 3,033.26 6,572.06 78,864.76 E 39.81 3,184.91 6,900.64 82,807.66 156 A 33.06 2,645.00 5,730.83 68,770.00 B 34.72 2,777.24 6,017.35 72,208.24 C 36.45 2,916.11 6,318.24 75,818.86 D 38.27 3,061.91 6,634.14 79,609.66 E 40.19 3,215.23 6,966.33 83,595.98 157 A 33.37 2,669.46 5,783.83 69,405.96 B 35.04 2,802.95 6,073.06 72,876.70 C 36.79 2,943.09 6,376.70 76,520.34 D 38.63 3,090.23 6,695.50 80,345.98 E 40.56 3,244.75 7,030.29 84,363.50 158 A 33.66 2,693.17 5,835.20 70,022.42 B 35.35 2,827.82 6,126.94 73,523.32 C 37.12 2,969.22 6,433.31 77,199.72 D 38.97 3,117.69 6,755.00 81,059.94 E 40.92 3,273.57 7,092.74 85,112.82 159 A 33.99 2,718.85 5,890.84 70,690.10 B 35.69 2,854.80 6,185.40 74,224.80 C 37.47 2,997.54 6,494.67 77,936.04 D 39.34 3,147.40 6,819.37 81,832.40 E 41.31 3,304.80 7,160.40 85,924.80 160 A 21.28 1,702.78 3,689.36 44,272.28 B 22.35 1,787.92 3,873.83 46,485.92 C 23.47 1,877.32 4,067.53 48,810.32 D 24.64 1,971.19 4,270.91 51,250.94 E 25.87 2,069.75 4,484.46 53,813.50 161 A 34.64 2,771.14 6,004.14 72,049.64 B 36.37 2,909.70 6,304.35 75,652.20 C 38.19 3,055.17 6,619.54 79,434.42 D 40.10 3,207.94 6,950.54 83,406.44 E 42.10 3,368.33 7,298.05 87,576.58 Exhibit B Page 16 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 162 A 34.97 2,797.90 6,062.12 72,745.40 B 36.72 2,937.79 6,365.21 76,382.54 C 38.56 3,084.69 6,683.50 80,201.94 D 40.49 3,238.90 7,017.62 84,211.40 E 42.51 3,400.84 7,368.49 88,421.84 163 A 35.26 2,820.53 6,111.15 73,333.78 B 37.02 2,961.56 6,416.71 77,000.56 C 38.87 3,109.65 6,737.58 80,850.90 D 40.81 3,265.13 7,074.45 84,893.38 E 42.85 3,428.39 7,428.18 89,138.14 164 A 35.63 2,850.10 6,175.22 74,102.60 B 37.41 2,992.60 6,483.97 77,807.60 C 39.28 3,142.24 6,808.19 81,698.24 D 41.24 3,299.35 7,148.59 85,783.10 E 43.30 3,464.30 7,505.98 90,071.80 165 A 35.97 2,877.81 6,235.26 74,823.06 B 37.77 3,021.69 6,547.00 78,563.94 C 39.66 3,172.78 6,874.36 82,492.28 D 41.64 3,331.41 7,218.06 86,616.66 E 43.72 3,497.99 7,578.98 90,947.74 166 A 36.34 2,907.36 6,299.28 75,591.36 B 38.16 3,052.73 6,614.25 79,370.98 C 40.07 3,205.38 6,944.99 83,339.88 D 42.07 3,365.63 7,292.20 87,506.38 E 44.17 3,533.92 7,656.83 91,881.92 167 A 36.68 2,934.00 6,357.00 76,284.00 B 38.51 3,080.70 6,674.85 80,098.20 C 40.43 3,234.73 7,008.58 84,102.98 D 42.46 3,396.48 7,359.04 88,308.48 E 44.58 3,566.29 7,726.96 92,723.54 168 A 37.07 2,965.58 6,425.42 77,105.08 B 38.92 3,113.83 6,746.63 80,959.58 C 40.87 3,269.54 7,084.00 85,008.04 D 42.91 3,433.02 7,438.21 89,258.52 E 45.06 3,604.67 7,810.12 93,721.42 Exhibit B Page 17 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 169 A 37.42 2,993.32 6,485.53 77,826.32 B 39.29 3,142.99 6,809.81 81,717.74 C 41.25 3,300.12 7,150.26 85,803.12 D 43.31 3,465.15 7,507.83 90,093.90 E 45.48 3,638.40 7,883.20 94,598.40 170 A 37.77 3,021.83 6,547.30 78,567.58 B 39.66 3,172.93 6,874.68 82,496.18 C 41.64 3,331.58 7,218.42 86,621.08 D 43.73 3,498.15 7,579.33 90,951.90 E 45.91 3,673.06 7,958.30 95,499.56 171 A 38.20 3,056.34 6,622.07 79,464.84 B 40.11 3,209.15 6,953.16 83,437.90 C 42.12 3,369.60 7,300.80 87,609.60 D 44.23 3,538.10 7,665.88 91,990.60 E 46.44 3,715.00 8,049.17 96,590.00 172 A 38.56 3,085.07 6,684.32 80,211.82 B 40.49 3,239.33 7,018.55 84,222.58 C 42.52 3,401.30 7,369.48 88,433.80 D 44.64 3,571.35 7,737.93 92,855.10 E 46.87 3,749.93 8,124.85 97,498.18 173 A 38.96 3,116.59 6,752.61 81,031.34 B 40.91 3,272.42 7,090.24 85,082.92 C 42.95 3,436.05 7,444.78 89,337.30 D 45.10 3,607.83 7,816.97 93,803.58 E 47.35 3,788.23 8,207.83 98,493.98 174 A 39.34 3,147.13 6,818.78 81,825.38 B 41.31 3,304.49 7,159.73 85,916.74 C 43.37 3,469.72 7,517.73 90,212.72 D 45.54 3,643.20 7,893.60 94,723.20 E 47.82 3,825.37 8,288.30 99,459.62 175 A 39.72 3,177.78 6,885.19 82,622.28 B 41.71 3,336.67 7,229.45 86,753.42 C 43.79 3,503.48 7,590.87 91,090.48 D 45.98 3,678.69 7,970.50 95,645.94 E 48.28 3,862.59 8,368.95 100,427.34 Exhibit B Page 18 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 176 A 40.12 3,209.39 6,953.68 83,444.14 B 42.12 3,369.87 7,301.39 87,616.62 C 44.23 3,538.36 7,666.45 91,997.36 D 46.44 3,715.27 8,049.75 96,597.02 E 48.76 3,901.03 8,452.23 101,426.78 177 A 40.55 3,243.91 7,028.47 84,341.66 B 42.58 3,406.09 7,379.86 88,558.34 C 44.71 3,576.40 7,748.87 92,986.40 D 46.94 3,755.20 8,136.27 97,635.20 E 49.29 3,942.99 8,543.15 102,517.74 178 A 40.94 3,275.52 7,096.96 85,163.52 B 42.99 3,439.30 7,451.82 89,421.80 C 45.14 3,611.26 7,824.40 93,892.76 D 47.40 3,791.83 8,215.63 98,587.58 E 49.77 3,981.42 8,626.41 103,516.92 179 A 41.36 3,308.96 7,169.41 86,032.96 B 43.43 3,474.42 7,527.91 90,334.92 C 45.60 3,648.14 7,904.30 94,851.64 D 47.88 3,830.54 8,299.50 99,594.04 E 50.28 4,022.06 8,714.46 104,573.56 180 A 41.74 3,339.59 7,235.78 86,829.34 B 43.83 3,506.56 7,597.55 91,170.56 C 46.02 3,681.90 7,977.45 95,729.40 D 48.32 3,865.99 8,376.31 100,515.74 E 50.74 4,059.29 8,795.13 105,541.54 181 A 42.18 3,374.07 7,310.49 87,725.82 B 44.28 3,542.78 7,676.02 92,112.28 C 46.50 3,719.93 8,059.85 96,718.18 D 48.82 3,905.91 8,462.81 101,553.66 E 51.27 4,101.20 8,885.93 106,631.20 182 A 42.62 3,409.64 7,387.55 88,650.64 B 44.75 3,580.14 7,756.97 93,083.64 C 46.99 3,759.13 8,144.78 97,737.38 D 49.34 3,947.09 8,552.03 102,624.34 E 51.81 4,144.44 8,979.62 107,755.44 Exhibit B Page 19 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 183 A 43.03 3,442.26 7,458.23 89,498.76 B 45.18 3,614.39 7,831.18 93,974.14 C 47.44 3,795.10 8,222.72 98,672.60 D 49.81 3,984.86 8,633.86 103,606.36 E 52.30 4,184.09 9,065.53 108,786.34 184 A 43.47 3,477.70 7,535.02 90,420.20 B 45.64 3,651.58 7,911.76 94,941.08 C 47.93 3,834.16 8,307.35 99,688.16 D 50.32 4,025.89 8,722.76 104,673.14 E 52.84 4,227.17 9,158.87 109,906.42 185 A 43.90 3,512.30 7,609.98 91,319.80 B 46.10 3,687.93 7,990.52 95,886.18 C 48.40 3,872.34 8,390.07 100,680.84 D 50.82 4,065.94 8,809.54 105,714.44 E 53.37 4,269.25 9,250.04 111,000.50 186 A 44.37 3,549.80 7,691.23 92,294.80 B 46.59 3,727.29 8,075.80 96,909.54 C 48.92 3,913.66 8,479.60 101,755.16 D 51.37 4,109.35 8,903.59 106,843.10 E 53.93 4,314.79 9,348.71 112,184.54 187 A 44.78 3,582.43 7,761.93 93,143.18 B 47.02 3,761.55 8,150.03 97,800.30 C 49.37 3,949.62 8,557.51 102,690.12 D 51.84 4,147.11 8,985.41 107,824.86 E 54.43 4,354.45 9,434.64 113,215.70 188 A 45.24 3,618.83 7,840.80 94,089.58 B 47.50 3,799.79 8,232.88 98,794.54 C 49.87 3,989.77 8,644.50 103,734.02 D 52.37 4,189.25 9,076.71 108,920.50 E 54.98 4,398.73 9,530.58 114,366.98 189 A 45.72 3,657.39 7,924.35 95,092.14 B 48.00 3,840.26 8,320.56 99,846.76 C 50.40 4,032.27 8,736.59 104,839.02 D 52.92 4,233.89 9,173.43 110,081.14 E 55.57 4,445.57 9,632.07 115,584.82 Exhibit B Page 20 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 190 A 46.14 3,690.96 7,997.08 95,964.96 B 48.44 3,875.51 8,396.94 100,763.26 C 50.87 4,069.27 8,816.75 105,801.02 D 53.41 4,272.73 9,257.58 111,090.98 E 56.08 4,486.39 9,720.51 116,646.14 191 A 46.59 3,727.47 8,076.19 96,914.22 B 48.92 3,913.82 8,479.94 101,759.32 C 51.37 4,109.51 8,903.94 106,847.26 D 53.94 4,315.00 9,349.17 112,190.00 E 56.63 4,530.74 9,816.60 117,799.24 192 A 47.08 3,766.01 8,159.69 97,916.26 B 49.43 3,954.30 8,567.65 102,811.80 C 51.90 4,152.02 8,996.04 107,952.52 D 54.50 4,359.63 9,445.87 113,350.38 E 57.22 4,577.60 9,918.13 119,017.60 193 A 47.56 3,804.48 8,243.04 98,916.48 B 49.93 3,994.71 8,655.21 103,862.46 C 52.43 4,194.45 9,087.98 109,055.70 D 55.05 4,404.18 9,542.39 114,508.68 E 57.80 4,624.37 10,019.47 120,233.62 194 A 48.04 3,842.91 8,326.31 99,915.66 B 50.44 4,035.07 8,742.65 104,911.82 C 52.96 4,236.82 9,179.78 110,157.32 D 55.61 4,448.65 9,638.74 115,664.90 E 58.39 4,671.08 10,120.67 121,448.08 195 A 48.49 3,879.40 8,405.37 100,864.40 B 50.92 4,073.36 8,825.61 105,907.36 C 53.46 4,277.05 9,266.94 111,203.30 D 56.14 4,490.89 9,730.26 116,763.14 E 58.94 4,715.44 10,216.79 122,601.44 196 A 48.97 3,917.88 8,488.74 101,864.88 B 51.42 4,113.77 8,913.17 106,958.02 C 53.99 4,319.47 9,358.85 112,306.22 D 56.69 4,535.44 9,826.79 117,921.44 E 59.53 4,762.22 10,318.14 123,817.72 Exhibit B Page 21 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 197 A 49.48 3,958.50 8,576.75 102,921.00 B 51.96 4,156.42 9,005.58 108,066.92 C 54.55 4,364.25 9,455.88 113,470.50 D 57.28 4,582.44 9,928.62 119,143.44 E 60.14 4,811.56 10,425.05 125,100.56 198 A 49.95 3,995.94 8,657.87 103,894.44 B 52.45 4,195.72 9,090.73 109,088.72 C 55.07 4,405.52 9,545.29 114,543.52 D 57.82 4,625.79 10,022.55 120,270.54 E 60.71 4,857.08 10,523.67 126,284.08 199 A 50.47 4,037.34 8,747.57 104,970.84 B 52.99 4,239.20 9,184.93 110,219.20 C 55.64 4,451.17 9,644.20 115,730.42 D 58.42 4,673.72 10,126.39 121,516.72 E 61.34 4,907.40 10,632.70 127,592.40 200 A 50.97 4,077.83 8,835.30 106,023.58 B 53.52 4,281.73 9,277.08 111,324.98 C 56.20 4,495.82 9,740.94 116,891.32 D 59.01 4,720.60 10, 227.97 122, 735.60 E 61.96 4,956.63 10,739.37 128,872.38 201 A 51.49 4,119.19 8,924.91 107,098.94 B 54.06 4,325.13 9,371.12 112,453.38 C 56.77 4,541.39 9,839.68 118,076.14 D 59.61 4,768.47 10, 331.69 123,980.22 E 62.59 5,006.88 10,848.24 130,178.88 202 A 52.02 4,161.60 9,016.80 108,201.60 B 54.62 4,369.68 9,467.64 113,611.68 C 57.35 4,588.17 9,941.04 119,292.42 D 60.22 4,817.57 10,438.07 125,256.82 E 63.23 5,058.46 10,960.00 131,519.96 203 A 52.49 4,199.27 9,098.42 109,181.02 B 55.12 4,409.23 9,553.33 114,639.98 C 57.87 4,629.70 10,031.02 120,372.20 D 60.76 4,861.19 10,532.58 126,390.94 E 63.80 5,104.24 11,059.19 132,710.24 Exhibit B Page 22 of 23 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 204 A 53.03 4,242.64 9,192.39 110,308.64 B 55.68 4,454.77 9,652.00 115,824.02 C 58.47 4,677.50 10,134.58 121,615.00 D 61.39 4,911.38 10,641.32 127,695.88 E 64.46 5,156.95 11,173.39 134,080.70 205 A 53.58 4,286.04 9,286.42 111,437.04 B 56.25 4,500.34 9,750.74 117,008.84 C 59.07 4,725.36 10,238.28 122,859.36 D 62.02 4,961.65 10,750.24 129,002.90 E 65.12 5,209.71 11,287.71 135,452.46 206 A 54.11 4,328.47 9,378.35 112,540.22 B 56.81 4,544.89 9,847.26 118,167.14 C 59.65 4,772.14 10,339.64 124,075.64 D 62.63 5,010.75 10,856.63 130,279.50 E 65.77 5,261.28 11,399.44 136,793.28 207 A 54.66 4,372.82 9,474.44 113,693.32 B 57.39 4,591.44 9,948.12 119,377.44 C 60.26 4,821.03 10,445.57 125,346.78 D 63.28 5,062.07 10,967.82 131,613.82 E 66.44 5,315.18 11,516.22 138,194.68 208 A 55.23 4,418.15 9,572.66 114,871.90 B 57.99 4,639.07 10,051.32 120,615.82 C 60.89 4,871.01 10,553.86 126,646.26 D 63.93 5,114.56 11,081.55 132,978.56 E 67.13 5,370.29 11,635.63 139,627.54 Exhibit B Page 23 of 23 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE MUNICIPAL EMPLOYEES ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2013-2014 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2013-2014 Salary Schedule for the Municipal Employee's Association Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 18th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 17 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters' Association employee group for fiscal year 2013-2014 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTMENS'tman Resources PHONE: 336-4308 APPROV EXPLANATION: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2013- 2014 salary schedule for classifications represented by the Firefighters' Association (FFA). The proposed salary schedule includes a two percent (2%) wage increase effective the first full pay period in July, 2013 for all FFA represented classifications. The increase is consistent with the terms of the Memorandum of Understanding between the City of National City and the Firefighters' Association as adopted by the City Council on August 16, 2011. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. The referenced 2% wage increase is incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHM ENTS: Resolution Firefighters' Association Salary Schedule CITY OF NATIONAL CITY FIREFIGHTERS' ASSOCIATION SALARY SCHEDULE EFFECTIVE DATE: Fiscal Year 2013-2014 RANGE DESCRIPTION Exhibit A STEP A STEP B STEP C STEP D STEP E STEP F STEP G F121 FIREFIGHTER Biweekly 1,905.14 2,000.39 2,100.41 2,205.43 2,315.71 2,431.49 2,553.07 Monthly 4,139.14 4,346.10 4,563.40 4,791.57 5,031.15 5,282.71 5,546.84 Annual 49,669.66 52,153.14 54,760.80 57,498.84 60,373.78 63,392.47 66,562.10 28/dy Pay Period 3,810.27 4,000.79 4,200.83 4,410.87 4,631.41 4,862.98 5,106.13 40-Hr Week 23.81 25.00 26.26 27.57 28.95 30.39 31.91 192 Shift 19.85 20.84 21.88 22.97 24.12 25.33 26.59 216 Shift 17.64 18.52 19.45 20.42 21.44 22.51 23.64 240 Shift 15.88 16.67 17.50 18.38 19.30 20.26 21.28 Hourly = Annual/2912 17.06 17.91 18.81 19.75 20.73 21.77 22.86 F130 FIRE ENGINEER Biweekly 2,424.05 2,545.25 2,672.52 2,806.14 2,946.45 Monthly 5,266.54 5,529.87 5,806.36 6,096.68 6,401.52 Annual 63,198.51 66,358.43 69,676.35 73,160.17 76,818.18 28/dy Pay Period 4,848.10 5,090.51 5,345.03 5,612.29 5,892.90 40-Hr Week 30.30 31.82 33.41 35.08 36.83 96 192 Shift 25.25 26.51 27.84 29.23 30.69 108 216 Shift 22.44 23.57 24.75 25.98 27.28 120 240 Shift 20.20 21.21 22.27 23.38 24.55 Hourly = Annual/2912 21.70 22.79 23.93 25.12 26.38 F140 FIRE CAPTAIN Biweekly 2,843.23 2,985.39 3,134.66 3,291.40 3,455.97 Monthly 6,177.26 6,486.13 6,810.43 7,150.95 7,508.50 Annual 74,127.15 77,833.51 81,725.18 85,811.44 90,102.01 28/dy Pay Period 5,686.46 5,970.79 6,269.33 6,582.79 6,911.93 40-Hr Week 35.54 37.32 39.18 41.14 43.20 192 Shift 29.62 31.10 32.65 34.29 36.00 216 Shift 26.33 27.64 29.02 30.48 32.00 240 Shift 23.69 24.88 26.12 27.43 28.80 Hourly = Annual/2912 25.46 26.73 28.06 29.47 30.94 F140 DEPUTY FIRE MARSHAL Biweekly 2,843.23 2,985.39 3,134.66 3,291.40 3,455.97 Monthly 6,177.26 6,486.13 6,810.43 7,150.95 7,508.50 Annual 74,127.15 77,833.51 81,725.18 85,811.44 90,102.01 28/dy Pay Period 5,686.46 5,970.79 6,269.33 6,582.79 6,911.93 40-Hr Week 35.54 37.32 39.18 41.14 43.20 192 Shift 29.62 31.10 32.65 34.29 36.00 216 Shift 26.33 27.64 29.02 30.48 32.00 240 Shift 23.69 24.88 26.12 27.43 28.80 Hourly = Annual/2912 25.46 26.73 28.06 29.47 30.94 F150 FIRE BATTALION CHIEF Biweekly 3,561.03 3,800.10 4,039.18 4,278.25 4,517.33 Monthly 7,736.76 8,256.18 8,775.60 9,295.02 9,814.44 Annual 92,841.14 99,074.17 105,307.20 111,540.23 117,773.26 28/dy Pay Period 7,122.06 7,600.21 8,078.36 8,556.51 9,034.66 40-Hr Week 44.51 47.50 50.49 53.48 56.47 192 Shift 37.09 39.58 42.07 44.57 47.06 216 Shift 32.97 35.19 37.40 39.61 41.83 240 Shift 29.68 31.67 33.66 35.65 37.64 Hourly = Annual/2912 31.88 34.02 36.16 38.30 40.44 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE FIREFIGHTERS' ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2013-2014 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2013-2014 Salary Schedule for the Firefighters' Association Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 18th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 18 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for fiscal year 2013-2014 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTMENT. PHONE: 336-4308 APPROVED EXPLANATION: R= ources All employees of the City of National City receive a rate of pay within the established s. ary band for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2013- 2014 salary schedule for classifications within the Management employee group. The proposed schedule includes a four percent (4%) band adjustment for the Police Captain classification. The Fiscal Year 2013-2014 budget includes a proposal to utilize the currently inactive Police Captain classification in lieu of Assistant Police Chief. The band adjustment is proposed in response to salary compaction issues between the Police Captain, a management classification and Police Lieutenant, a Police Officers' Association (POA) represented classification. The Police Captain will act as a supervisor over the Police Lieutenants. Police Captain current band: $64,922.88 - $130,839.24, annually Police Captain proposed band: $64,922.88 - $136,072.81, annually FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for Management employee group, including Police Captain, are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Zesolution Management Employee Group Salary Schedule City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2013-2014 Attachment 1 Police Support Services Manager $ 3,964.40 — $ 7,134.75 $ 47,572.80 — $ 85,617.00 Principal Civil Engineer $ 7,795.88 — $ 9,581.02 $ 93,550.56 — $ 114,972.24 Principal Librarian $ 3,766.18 — $ 7,822.69 $ 45,194.16 — $ 93,872.28 Principal Planner $ 4,465.78 — $ 8,088.54 $ 53,589.36 — $ 97,062.48 Project Officer $ 4,465.78 — $ 8,088.54 $ 53,589.36 — $ 97,062.48 Purchasing Agent $ 4,255.90 — $ 8,490.81 $ 51,070.80 — $ 101,889.72 Recreation Superintendent $ 3,229.82 — $ 7,647.79 $ 38,757.84 — $ 91,773.48 Risk Manager $ 4,174.28 — $ 9,073.81 $ 50,091.36 — $ 108,885.72 Senior Accountant $ 3,264.80 — $ 6,808.27 $ 39,177.60 — $ 81,699.24 Special Assistant to the Mayor $ 3,542.31 — $ 6,369.86 $ 42,507.72 — $ 76,438.32 Street Maintenance Supervisor $ 3,229.82 — $ 6,607.72 $ 38,757.84 — $ 79,292.64 St Maint & Wastewater Superintendent $ 3,229.82 — $ 7,647.79 $ 38,757.84 — $ 91,773.48 Traffic Engineer $ 6,056.20 — $ 9,304.68 $ 72,674.40 — $ 111,656.16 Wastewater Supervisor $ 3,229.82 — $ 6,607.72 $ 38,757.84 — $ 79,292.64 2 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2013-2014 Attachment 1 3. i "�+ ''�. 3.�`R >.»"p5' .RM i"f k.- �t X#, Y ,.� 4� .•'J.ir $ 55,128.48 �+$ Sr '�w��e' . — $ 117,490.80 Asst Director of PW/Engineering $ 4,594.04 — $ 9,790.90 Assistant Police Chief $ 11,368.50 — $ 11,584.21 $ 136,422.00 — $ 139,010.52 Battalion Chief $ 5,316.96 — $ 9,769.91 $ 63,803.52 — $ 117,238.92 Building Official $ 7,087.16 — $ 9,581.02 $ 85,045.92 — $ 114,972.24 Community Development Manager $ 7,287.50 — $ 9,134.44 $ 87,450.00 — $ 109,613.28 Community Development Specialist III $ 4,465.78 — $ 8,088.54 $ 53,589.36 — $ 97,062.48 Deputy City Attorney $ 6,841.11 — $ 9,121.48 $ 82,093.32 — $ 109,457.76 Deputy Director of Human Resources $ 7,287.50 — $ 9,134.44 $ 87,450.00 — $ 109,613.28 Equipment Maint Supervisor $ 3,229.82 — $ 7,773.72 $ 38,757.84 — $ 93,284.64 Facilities Maint Supervisor $ 3,229.82 — $ 6,607.72 $ 38,757.84 — $ 79,292.64 Financial Services Officer $ 4,174.28 — $ 9,077.31 $ 50,091.36 — $ 108,927.72 Housing Programs Manager $ 4,255.90 — $ 8,490.81 $ 51,070.80 — $ 101,889.72 Management Analyst I $ 3,116.72 — $ 5,604.96 $ 37,400.64 — $ 67,259.52 Management Analyst II $ 3,542.31 — $ 6,369.86 $ 42,507.72 — $ 76,438.32 Management Analyst III $ 3,964.40 — $ 7,134.75 $ 47,572.80 — $ 85,617.00 Mgmt Information Systems Manager $ 4,279.22 — $ 9,304.68 $ 51,350.64 — $ 111,656.16 Neighborhood Council Coordinator $ 3,964.40 — $ 7,134.75 $ 47,572.80 — $ 85,617.00 Neighborhood Services Manager $ 3,229.82 — $ 7,773.72 $ 38,757.84 — $ 93,284.64 Nutrition Program Manager $ 3,229.82 — $ 7,647.79 $ 38,757.84 — $ 91,773.48 Park Superintendent $ 3,229.82 — $ 7,647.79 $ 38,757.84 — $ 91,773.48 PIO/MgmtAnalyst III $ 3,964.40 — $ 7,134.75 $ 47,572.80 — $ 85,617.00 Police Captain $ 5,410.24 — $ 11,339.40 $ 64,922.88 — $ 136,072.81 1 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE MANAGEMENT EMPLOYEE GROUP FOR FISCAL YEAR 2013-2014 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2013-2014 Salary Schedule for the Management Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 19 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Executive employee group for fiscal year 2013-2014 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTMENT PHONE: 336-4308 APPROVE EXPLANATION: sources All employees of the City of National City receive a rate of pay within the established salary band for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2013- 2014 salary schedule for classifications within the Executive employee group. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for Executive employee group are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: .esolution Executive Employee Group Salary Schedule City of National City Human Resources Department EXECUTIVE EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2013-2014 Exhibit A City Manager $13,750 (Actual Salary) $165,000 City Attorney $16,658.33 (Actual Salary) $199,900 Assistant City Manager $ 6,249.76 - $ 12,365.10 $ 74,997.12 - $ 148,381.20 City Engineer $ 5,643.44 - $ 11,517.76 $ 67,721.28 - $ 138,213.00 City Librarian $ 5,363.60 - $ 10,429.87 $ 64,363.20 - $ 125,168.44 Community Development Executive Director $ 7,288.00 - $ 12,416.25 $ 87,456.00 - $ 148,995.00 Community Services Director $ 7,287.50 - $ 9,716.28 $ 87,450.00 - $ 116,595.36 Director of Administrative Services $ 5,643.44 - $ 11,897.86 $ 67,721.28 - $ 142,774.32 Director of Building & Safety $ 5,561.82 - $ 9,755.90 $ 66,741.84 - $ 117,070.80 Director of Community Development $ 5,643.44 - $ 11,517.75 $ 67,721.28 - $ 138,213.00 Director of Emergency Services $ 5,946.60 - $ 12,045.95 $ 71,359.20 - $ 144,551.40 Director of Finance $ 5,643.44 - $ 11,346.35 $ 67,721.28 - $ 136,156.20 Director of Planning $ 5,643.44 - $ 11,897.86 $ 67,721.28 - $ 142,774.32 Director of Public Works $ 5,643.44 - $ 11,517.75 $ 67,721.28 - $ 138,213.00 Fire Chief $ 5,946.60 - $ 12,045.95 $ 71,359.20 - $ 144,551.40 Human Resources Director $ 4,862.22 - $ 11,365.00 $ 58,346.64 - $ 136,380.00 Police Chief $ 6,541.26 - $ 13,629.37 $ 78,495.12 - $ 163,552.44 Records Management Officer $ 5,462.71 - $ 7,827.07 $ 66,552.52 - $ 93,924.90 Senior Assistant City Attorney $ 7,433.25 - $ 12,340.94 $ 89,199.00 - $ 148,091.28 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE EXECUTIVE EMPLOYEE GROUP FOR FISCAL YEAR 2013-2014 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2013-2014 Salary Schedule for the Executive Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 20 ITEM TITLE: Resolution of the City Council of the City of National City declaring the City of National City a Live Well, San Diego! City PREPARED BY: Leslie Deese, City Manager PHONE: 619 336-4240 EXPLANATION: Please see attached Staff Report DEPARTMENT: City APPROVED BY FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Resolution Staff Report Item Resolution of the City Council declaring the City of National City a Live Well, San Diego! City Background Information: Two years ago, faced with the reality that more than half of San Diego County residents die of preventable chronic diseases, the County of San Diego Board of Supervisors launched an ambitious effort to make a difference in the health and well-being of community members in the region. On July 13, 2010, the Board of Supervisors adopted "Building Better Health", the first component of Live Well, San Diego!, a ten-year initiative to improve the health and wellness of the region's residents. Live Well, San Diego! Is by nature a collective effort because partnering across sectors is essential for sustaining and expanding its vision. Since the Board's adoption of the Live Well, San Diego! Initiative, the County of San Diego Health and Human Services Agency (HHSA) has worked with a variety of communities and organizations, including the City of National City. Listed below are some examples of National City's commitment to health and wellness: • National City is home to Olivewood Gardens and Learning Center whose important mission is to connect and motivate students and families from diverse background through organic gardening, environmental stewardship, and nutritional education, empowering our residents to be healthy and active. • National City is committed to improving accessibility for bicyclists through construction of regional facilities such as the Bayshore Bikeway, and expansion of National City's local bicycle network. • National City is committed to enhancing access to the bay front and providing recreational opportunities through development of the Marina District, including quality of life facilities such as the proposed Aquatics Center. • In 2007, National City implemented Safe Routes to School to improve pedestrian safety in the residential streets leading to local elementary schools to improve the health of our children and community. • In 2011, National City provided healthy vending machines in City facilities. • In 2012, National City was recognized as San Diego County's most walkable city by Walk San Diego. • In 2012, National City created a Wellness Committee to encourage employees to get more physical activity and eat more nutritious meals. • In 2013, National City supported the creation of Butterfly Park, an ongoing effort to restore and expand access to outdoor space that is otherwise considered a blight on the community. • In 2013, National City approved a resolution to become a Healthy Eating Active Living City, which encourages cities to embrace policies that promote healthier lifestyles and communities. Conclusion: As evidenced above, National City supports health and wellness as a top priority and shares the vision of the Live Well San Diego!Initiative. To further support the Live Well Initiative, on May 21, 2013, the City Council also proclaimed the week of May 21sY as "LIVE WELL WEEK". RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE "LIVE WELL, SAN DIEGO CITY!" TEN-YEAR INITIATIVE TO IMPROVE THE HEALTH OF RESIDENTS IN THE REGION OF THE COUNTY OF SAN DIEGO. WHEREAS, the health and well-being of citizens is the primary concern for the County of San Diego and on July 13, 2010, the County of San Diego Board of Supervisors adopted the "Live Well, San Diego City!" (LWSD!) initiative to achieve the County's vision of healthy, safe, and thriving communities; and WHEREAS, the "Live Well, San Diego City!" initiative is a common thread that unites public and private entities, faith -based organizations, agencies, cities, businesses, community members, and other stakeholders together toward a shared vision of healthier, safer and more thriving communities; and WHEREAS, since the Board's adoption of the "Live Well, San Diego City!' initiative, the County of San Diego Health and Human Services Agency (HHSA) has worked with a variety of communities and organizations, including the City of National City; and WHEREAS, National City is committed to enhancing access to the bay front and providing recreational opportunities through development of the Marina District, including quality of life facilities such as the proposed Aquatics Center; and WHEREAS, in 2007, the City of National City implemented Safe Routes to School grants to improve pedestrian safety in the residential streets leading to local elementary schools to improve the health of our children and community; and WHEREAS, National City is committed to improving accessibility for bicyclists through construction of regional facilities such as the Bayshore Bikeway, and expansion of National City's local bicycle network; and WHEREAS, in September 2011, the City of National City provided healthy vending machines in City facilities; and WHEREAS, in 2012, National City created a Wellness Committee to encourage employees to get more physical activity and eat more nutritious meals; and WHEREAS, National City is home to Olivewood Gardens and Learning Center whose important mission is to connect and motivate students and families from diverse backgrounds through organic gardening, environmental stewardship, and nutritional education, empowering our residents to be healthy and active; and WHEREAS, in 2012, National City was recognized as San Diego County's most walkable city by Walk San Diego; and WHEREAS, in 2013, National City supported the creation of Butterfly Park, an ongoing effort to restore and expand access to outdoor space that is otherwise considered a blight on the community; and WHEREAS, on May 7, 2013, National City approved Resolution No. 2013-60 to become a Healthy Eating Active Living City, which encourages cities to embrace policies that promote healthier lifestyles and communities. Resolution No. 2013 — Page Two NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City is committed to supporting the "Live Well, San Diego City!" initiative of the County of San Diego, Health and Human Services Agency, and that in support the City will: 1. Encourage all residents of the City to engage in activities that improve personal, family and community health, safety, and well-being; 2. Encourage all City departments to include the recommendations of the Live Well, San Diego Cityf' initiative in all City programs and projects; 3. Ask the Community Services Department to take a leadership role in promoting and implementing recommendations in "Live Well, San Diego Cityf. PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18th, 2013 AGENDA ITEM NO.41 ITEM TITLE: Warrant Register #46 for the period of 05/08/13 through 05/14/13 in the amount of $1,129,983.25. (Finance) PREPARED BY: IK. Apalategui DEPARTMENT: Finan / , PHONE: 619-336-4331 APPROVED BY: (C?" ""X EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/08/13 through 05/14/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation SDG&E 307396 53,847.65 Gas & Electric Utilities FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: 26/10Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,129,983.25 BOARD / COMMISSION RECOMMENDATION: N/.A ATTACHMENTS: Varrant Register #46 PAYEE CHRISTENSEN & SPATH LLP EDCO DISPOSAL CORPORATION POWER PLUS S D COUNTY VECTOR CNTRL PROGRM AMAZON BAKER & TAYLOR BRODART CO DEMCO INC DISCOUNT SCHOOL SUPPLY FIRST BOOK NATIONAL OFFICE GANDELMAN, J INTERSTATE BOOKS4SCHOOL LAKESHORE LEARNING MATERIALS MARGO SMART MIDWEST TAPE NEWSBANK INC SMART & FINAL 'IS, M .PLES ADVANTAGE ,E SHOPPER INC U S POSTMASTER XEROX CORPORATION 3M COMPANY ADAMSON POLICE PRODUCTS AETNA RESOURCES FOR LIVING AGUIRRE, D AK & COMPANY ALDEMCO ALL FRESH PRODUCTS AMEDEE, W ARCO GASPRO PLUS ATKINS NORTH AMERICA INC BJ'S RENTALS BOOT WORLD BUCKNAM INFRASTRUCTURE GRP INC CA WORKERS' COMP INSTITUTE CALIFORNIA HIGHWAY ADOPTION CO CINTAS DOCUMENT MANAGEMENT CITY OF SAN DIEGO CLEAN HARBORS CLF WAREHOUSE COOPER'S PLUMBING & HEATING SAN DIEGO COUNTY LEY & HEFT LLP DANIELS TIRE SERVICE DECKSIDE POOL SERVICE DEPARTMENT OF JUSTICE DEPARTMENT OF TRANSPORTATION DREW FORD WARRANT REGISTER #46 5/14/2013 DESCRIPTION LEGAL / WESTSIDE TOD WASTE DISPOSAL SERVICES / S A REPLACE BROKEN POLES MOSQUITO CONTROL ASSESSMENT BOOKS -LIBRARY BOOKS - LIBRARY MATERIALS - LIBRARY MATERIALS - LIBRARY CRAFT MATERIAL FFL FFL GIVEAWAYS PERFORMER FOR SUMMER READING PROGRAM CHILDREN BOOKS - DONATION FUND FFL CRAFT SUPPLIES PERFORMER - FFL NIGHT DVD'S - LIBRARY ON-LINE ANNUAL SUBSCRIPTION FOR FY 2013 MOP #45756 - FFL SNACKS REIMBURSEMENT - CRAFT SUPPLIES MOP #45704 - SUPPLIES DOUBLE -ZENITH PAC- DVD CASES POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGES AND OVERAGES SINGLE VISION SCA SUMMIT LEVEL IIIA, NIJO6 CERTIFIED EMP ASST PROGRAM - MAY 2013 LABOR. REPAIR RADIO ON ENGINE 31 SECOND INSTALLMENT CONSUMABLES / NUTRITION FOOD FOR NUTRITION CENTER REIMBURSEMENT - FITNESS CENTER FUEL PROVIDE SEWER BILL/TAX ROLL STUMP GRINDER HYDRAULIC TRAILER MOP 64090 WEARING APPAREL STREET SIGN INVENTORY PRINTING & BINDING PARADISE CREEK LITTER REMOVAL MONTHLY SHREDDING OF (3) 65 GALLON SEWER TRANSPORTATION/TREATMENT HAZARDOUS WASTE PICKUP ECO II 11X24 TOP IN ZONE #RAC 071338007 PLUMBING SERVICES, REPAIRS CDBG / EXPENSE REIMB 3RD QTR LIABILITY CLAIM COSTS 385/65RCCD J G296A MSA TL HYDROCHLORIC ACID, DRY CHLORINE - PW INVESTIGATIVE SERVICES - MAR 2013 HIGHWAY LIGHTING MOP 49078 AUTO PARTS 1/3 CHK NO DATE AMOUNT 307295 5/14/13 506.25 307296 5/14/13 104.75 307297 5/14/13 1,250.00 307298 5/14/13 46.88 307300 5/14/13 5,608.29 307301 5/14/13 2,009.37 307302 5/14/13 533.60 307303 5/14/13 522.07 307304 5/14/13 1,317.72 307305 5/14/13 617.42 307306 5/14/13 175.00 307307 5/14/13 299.80 307308 5/14/13 490.35 307309 5/14/13 200.00 307310 5/14/13 1,227.71 307311 5/14/13 4,032.00 307312 5/14/13 146.60 307313 5/14/13 46.16 307314 5/14/13 45.77 307315 5/14/13 377.32 307316 5/14/13 276.00 307317 5/14/13 248.81 307318 5/14/13 66.42 307319 5/14/13 760.82 307320 5/14/13 741.06 307321 5/14/13 500.00 307322 5/14/13 3,400.00 307323 5/14/13 6,619.78 307324 5/14/13 1,238.67 307325 5/14/13 143.58 307326 5/14/13 41,376.81 307327 5/14/13 488.00 307328 5/14/13 1,742.40 307329 5/14/13 125.00 307330 5/14/13 3,434.26 307331 5/14/13 83.40 307332 5/14/13 864.00 307333 5/14/13 72.95 307334 5/14/13 560.83 307335 5/14/13 708.00 307336 5/14/13 267.04 307337 5/14/13 437.25 307338 5/14/13 5,583.12 307339 5/14/13 16,306.94 307340 5/14/13 2,600.61 307341 5/14/13 360.00 307342 5/14/13 1,185.00 307343 5/14/13 5,041.66 307344 5/14/13 427.06 PAYEE EMPLOYMENT DEVELOP DEPT ESGIL CORPORATION ESGIL CORPORATION ESTRADA, K EXPERIAN FERGUSON ENTERPRISES INC FIRE PREVENTION SERVICES INC FLEET SERVICES INC GEORGE'S LAWN EQUIPMENT CO GOODYEAR TIRE & RUBBER COMP HAMILTON MEATS & PROVISIONS HYDRO SCAPE PRODUCTS INC KAISER FOUNDATION HEALTH PLANS KANE BALLMER & BERKMAN KONE LASER SAVER INC LINCOLN EQUIPMENT INC LOPEZ, T MAYER HOFFMAN MCCANN P C MAYER HOFFMAN MCCANN P C MELLADO DESIGNS METRO FIRE & SAFETY MILLER, C NIXON EGLI EQUIPMENT CO NOWDOCS INTERNATIONAL INC OFFICE ADVANTAGE INC ORKIN PEST CONTROL PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PEREZ, E PERRY FORD POWER HAWK TECHNOLOGIES, INC POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORPORATION R J SAFETY SUPPLY RCP BLOCK & BRICK INC RIVERSIDE COUNTY SHERIFF DEPT ROMAN'S TRUCK BODY & PAINT RUSS' BEE REMOVAL S & S WELDING SAFRAN MORPHOTRUST SAN DIEGO DAILY TRANSCRIPT SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SAN DIEGO PET & LAB SUPPLY SAN DIEGO PLASTICS INC WARRANT REGISTER #46 5/14/2013 DESCRIPTION UNEMPLOYMENT INS REIMBURSABLE PLAN CHECK SERVICES / FIRE CONSULTANT SERVICES / BUILDING REPLACEMENT -DIRECT DEPOSIT CREDIT CHECKS FOR NEW POLICE DEPARTMENT MOP 45723 SEWER PIPES REIMBURSE - WEED ABATEMENT MOP 67804 AUTO PARTS 4 IN TAP HEAD #511010601 / PARKS MOP 72654 TIRES FOOD FOR NUTRITION CENTER MOP 45720 PIPES, VALVES, FITTINGS RETIREES INS - MAY 2013 AB 1484 LITIGATION MATTER ELEVATOR MAINTENANCE/REPAIRS MOP 45725 MATERIALS & SUPPLIES LAMOTTE DPD #1-R TABLETS TRANSLATION SVCS ON 05/07/13 FINAL BILLING -AUDIT OF CDC YR 06/30/12 FINAL BILLING -ANNUAL AUDIT OF CITYWIDE L482 K482 POLO SHIRT - DRY CHEMICAL SERVICE. ADVANCED SUBSISTENCE -PERISHABLE SKILLS STREET SWEEPER PARTS GREEN VOID BOTTOM CHECKS SANITAIRE COMMERCIAL VACUUM PEST MAINTENANCE SMOG CERTIFICATION & REPAIRS JANITORIAL, HDM SUPPLIES FOR NUTRITION REIMB / SUPPLIES FOR TEEN CENTER LABOR, REPLACED BATTERY / PW MISSION READY MAINTENANCE PLAN. MOP 67839 AUTO PARTS MOP 45707 MATERIALS & SUPPLIES KNIFE SHARPENING SERVICES FOR NUTRITION MOP 45742 LAUNDRY SERVICE CONCENTRATED D-'LIMONENE DEGREASER MOLDEX "SOFTIES" DISPOSABLE EARPLUGS YARD MASONRY SAND TUITION: PERISHABLE SKILLS TRAINING COURT LABOR, PREP AND PAINT TRUNK LID BEE REMOVAL SERVICES 40 3/4 X 25 1/2 X 2 1/2 GRATE INVESTIGATIVE SERVICES - MAR 2013 ADVERTISING SPEC 12-04, CHILLER PROJECT PUBLICATION OF SPEC 12-13 GAS & ELECTRIC SERVICE/USAGE FOR MOP 45753 K9 FOOD - PD POLYCARBONATE SHEET 1/4" 27 X 27 CHK NO DATE 307345 5/14/13 307346 5/14/13 307347 5/14/13 307348 5/14/13 307349 5/14/13 307350 5/14/13 307351 5/14/13 307352 5/14/13 307353 5/14/13 307354 5/14/13 307355 5/14/13 307356 5/14/13 307357 5/14/13 307358 5/14/13 307359 5/14/13 307360 5/14/13 307361 5/14/13 307362 5/14/13 307363 5/14/13 307364 5/14/13 307365 5/14/13 307366 5/14/13 307367 5/14/13 307368 5/14/13 307369 5/14/13 307370 5/14/13 307371 5/14/13 307372 5/14/13 307373 5/14/13 307374 5/14/13 307375 5/14/13 307376 5/14/13 307377 5/14/13 307378 5/14/13 307379 5/14/13 307380 5/14/13 307381 5/14/13 307382 5/14/13 307383 5/14/13 307384 5/14/13 307385 5/14/13 307386 5/14/13 307387 5/14/13 307388 5/14/13 307389 5/14/13 307390 5/14/13 307391 5/14/13 307392 5/14/13 307393 5/14/13 2/3 AMOUNT 2,829.00 2,213.79 4,624.00 191.38 27.48 779.82 6,050.87 95.05 139.94 470.76 815.51 29.96 23,643.11 2,667.55 4,150.44 138.44 222.55 14r" "1 5,7 2,8 476.28 147.01 489.09 1,617.07 180.94 752.07 375.73 483.17 135.47 45.73 2,088.69 1,380.86 538.87 1,887.96 46.00 215.92 573.26 72.27 451.44 154.00 431.58 275.00 49" 682.20 1,408.46 244.77 57.77 PAYEE SAN DIEGO TROLLEY INC SASI SDG&E SOLANO PRESS BOOKS SOUTH BAY MOTORSPORTS SOUTH COAST EMERGENCY STAPLES ADVANTAGE STAPLES ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SWEETWATER AUTHORITY SWRCB SYSCO SAN DIEGO TOPECO PRODUCTS U S BANK UNDERGROUND SERVICE ALERT UNION TRIBUNE PUB CO ON TRIBUNE PUB CO ,ITED ROTARY BRUSH VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS W W GRAINGER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZOLL MEDICAL CORP SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 10 4/16/2013 WARRANT REGISTER #46 5/14/2013 DESCRIPTION MTS - TROLLEY FLAGGING SERVICES CHGS FLEXIBLE SPENDING 5/1/13 - 7/31/13 STREET GAS & ELECTRIC CURTIN'S CA LAND USE/PLANNING LAW OIL FILTER #15410-MFJ-D01 LABOR, TIRE MONITOR CALIBRATION MOP 45704 OFFICE SUPPLIES / FIRE MOP 45704 MATERIALS & SUPPLIES MOP 61744 COMPUTER SUPPLIES / MIS TACK OIL, 3/8 SHEET & COLDMIX STREET WATER BILL ANNUAL PERMIT FEE - 8TH ST PROJECT SUPPLIES FOR NUTRITION CENTER MOP 63849 MATERIALS & SUPPLIES CREDIT CARD EXP - CITY MANAGER UNDERGROUND SRVC ALERT CHRGS LEGAL NOTICES ADVERTISING ADVERTISING - RFP FOR BENEFITS BROKER SWEEPER REPAIRS MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE CELL PHONE CHGS- 03/22/13 - 04/21/13 MOP 65179 SMALL TOOLS MOP 63850 AUTO PARTS MOP 45763 MATERIALS & SUPPLIES LIFEBAND 3 PACK / FIRE DEPARTMENT Start Date 5/8/2013 End Date 4/29/2013 End Date 5/14/2013 Check Date 5/8/2013 3/3 CHK NO DATE AMOUNT 307394 5/14/13 48.51 307395 5/14/13 283.50 307396 5/14/13 53,847.65 307397 5/14/13 13.00 307398 5/14/13 402.63 307399 5/14/13 431.00 307400 5/14/13 82.13 307401 5/14/13 97.26 307402 5/14/13 468.51 307403 5/14/13 270.65 307404 5/14/13 391.89 307405 5/14/13 892.00 307406 5/14/13 2,480.70 307407 5/14/13 167.71 307408 5/14/13 314.95 307409 5/14/13 114.00 307410 5/14/13 672.00 307411 5/14/13 189.20 307412 5/14/13 2,956.29 307413 5/14/13 230.43 307414 5/14/13 558.00 307415 5/14/13 60.49 307416 5/14/13 422.84 307417 5/14/13 542.48 307418 5/14/13 112.31 307419 5/14/13 3,883.13 A/P Total 259,576.69 2,892.51 867,514.05 GRAND TOTAL $ 1,129,983.25 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. MARK ROBERTS, INANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 JUNE, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18th, 2013 •ITEM TITLE: hNarrant Register #47 for the period of 05/15/13 through 05/21/13 in the amount of $266,398.40. (Finance) AGENDA ITEM NO. $2 PREPARED BY: K. Apalategui DEPARTMENT: Financie PHONE: 1619-336-4331'', APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/15/13 through 05/21/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Addisyn Park Apartments 307420 85,815.37 Refund for Deposit T & A No. 1776 FINANCIAL STATEMENT: APPROVED: ---W4 4 Finance ACCOUNT NO. APPROVED: MIS I,N/al ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $266,398.40 BOARD / COMMISSION RECOMMENDATION: N/A� ATTACHMENTS: Warrant Register #47 PAYEE ADDISYN PARK APARTMENTS LLC AT&T/MCI BLACKIE'S TROPHIES AND AWARDS BRIAN COX MECHANICAL INC CITY NATIONAL BANK CLAIMS MANAGEMENT ASSOCIATES COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DALEY & HEFT LLP DANIELS TIRE SERVICE DECKSIDE POOL SERVICE DELIVERY CONCEPTS INC DEPARTMENT OF INDUSTRIAL DIZINNO, T 7GOGENESIS LLC i2E ETC JRANICUS INC GTC SYSTEMS INC HARRIS & ASSOCIATES INC HERK EDWARDS INC HOME DEPOT CREDIT SVCS HONEYWELLANALYTICS INC. KIMLEY HORN AND ASSOC INC KONICA MINOLTA LANGUAGE LINE SERVICES LASER SAVER INC MACIAS, M MAN K-9 INC METRO AUTO PARTS DISTRIBUTOR NAPA AUTO PARTS NATIONAL CITY CHAMBER OF NORRDIN, T OLIVERIA, H O'REILLYAUTO PARTS P I CASA PROPERTIES LLC PADRE JANITORIAL SUPPLIES INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RELIABLE TIRE CO 'M WELDING INC 4N DIEGO POLICE EQUIPMENT SMART & FINAL STAPLES ADVANTAGE STARTECH COMPUTERS STEVENSON, S SUPERIOR READY MIX WARRANT REGISTER # 47 5/21/2013 DESCRIPTION REFUND FOR DEPOSIT, T&A# 1776 SBC AT&T PHONE SERVICE / APR 2013 MOP 67727 METAL NAME TAG - PD A/C REPAIRS, SERVICES LEASE WITH OPTION TO PURCHASE #10-005 LIABILITY CLAIMS SVCS / MAY 2013 OBSERVER SAFETY CLOTHING FOR AUTOPSIES SHARE OF PC REVENUE - APRIL 2013 COMMUNICATIONS MAINT / APR 2013 MAIL PROCESSING SERVICES / MAR 2013 COX COMMUNICATIONS DATA & VIDEO LIABILITY CLAIM COSTS LABOR, DISMT/MT MEDIUM COMMERCIAL HYDROCHLORIC ACID, DRY CHLORINE CONTROLLER THERMOSTAT PROBE E1096411S0 CONVEYANCE FEES REIMB - COMPUTER VOICE STRESS ANALIZER CHAIR COMFORT TEK - MIDNIGHT OPP503M-LENS REAR LIGHT GRANICUS WEBCAST SERVICE NETWORK ENGINEERING SVCS/APR 2013 PROJECT MANAGEMENT, 4TH & U FURNISH/ INSTALL OEM BLEACHER PARTS 20 LB PROPANE TANK USB UPGRADE/ANNUAL CALIBRATION 9T & D PED. CROSSING COPIER EQUIPMENT LEASE INTERPRETATION SERVICES /APR 2013 MOP 45725. INK CARTRIDGES/NUTRITION REIMB-COMPUTER VOICE STRESS ANALYZER MAINT TRAINING / APR 2013 / PD K-9 MOP 75943 AUTO PARTS MOP 45735 MATERIALS & SUPPLIES TOURISM MARKETING FEE - MAR 2013 REIMB - LONG TERM FINANCIAL TRAINING REIMB-HAPPY USERS CONFERENCE MOP 75877 AUTO PARTS REFUND - DUPLICATE PAYMENT JANITORIAL, HDM SUPPLIES FOR NUTRITION DEWALT 20V MAX COMBO KIT 5 PC MOP 45742 LAUNDRY SERVICE 86 PASSENGER @ $1.50 EACH MOP 45749 R&M BLDGS SIMUNITION, 9MM, FX MARKING CARTRIDGES MOP 45756 ARO TRAP FOOD - PD MOP 45704 OFFICE SUPPLIES - CITY ATTNY MOP 61744 SAMSUNG 256GB REIMB - PUBLIC EMP RETIREMENT SEMINAR COLDMIX ASPHALTS 1/2 CHK NO DATE AMOUNT 307420 5/21/13 85,815.37 307421 5/21/13 357.32 307422 5/21/13 32.40 307423 5/21/13 266.00 307424 5/21/13 43,101.10 307425 5/21/13 4,965.00 307426 5/21/13 70.00 307427 5/21/13 16,962.75 307428 5/21/13 9,434.00 307429 5/21/13 3,803.64 307430 5/21/13 3,078.82 307431 5/21/13 1,330.00 307432 5/21/13 104.32 307433 5/21/13 1,030.80 307434 5/21/13 73.62 307435 5/21/13 675.00 307436 5/21/13 67.53 307437 5/21/13 2,622.59 307438 5/21/13 277.86 307439 5/21/13 1,477.35 307440 5/21/13 1,657.50 307441 5/21/13 60.00 - 307442 5/21/13 2,249.00 307443 5/21/13 924.59 307444 5/21/13 1,362.50 307445 5/21/13 30,700.56 307449 5/21/13 143.19 307450 5/21/13 40.80 307451 5/21/13 86.35 307452 5/21/13 149.70 307453 5/21/13 800.00 307454 5/21/13 741.87 307455 5/21/13 353.15 307456 5/21/13 18,718.68 307457 5/21/13 57.06 307458 5/21/13 643.83 307459 5/21/13 63.94 307460 5/21/13 115.00 307461 5/21/13 296.29 307462 5/21/13 548.79 307463 5/21/13 260.72 307464 5/21/13 189.00 307465 5/21/13 991.60 307466 5/21/13 2,171.28 307467 5/21/13 51.89 307468 5/21/13 288.14 307469 5/21/13 384.13 307470 5/21/13 63.85 307471 5/21/13 2,400.43 PAYEE SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC THOMSON WEST TODD PIPE & SUPPLY LLC TURF STAR U S BANK U S HEALTHWORKS VALLEY POWER SYSTEMS INC VERIZON WIRELESS WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 47 5/21/2013 DESCRIPTION PARKS WATER BILL SUPPLIES FOR NUTRITION CENTER MOP 45726 AUTO PARTS ONLINE LEGAL RESEARCH PLUMBING MATERIALS BLADE-21.5 INCH CREDIT CARD EXP - S/A PRE -EMPLOYMENT PHYSICALS LABOR, DIAGNOSIS, R&R AIR COMPRESSOR VERIZON WIRELESS PHONE SERVICE JANITORIAL SUPPLIES MOP 45763 MISC SUPPLIES - MIS Start Date End Date 5/15/2013 5/21/2013 GRAND TOTAL L/L CHK NO DATE AMOUNT 307472 5/21/13 1,703.68 307473 5/21/13 2,628.66 307474 5/21/13 327.73 307475 5/21/13 95.92 307476 5/21/13 207.33 307477 5/21/13 293.81 307478 5/21/13 2,801.24 307479 5/21/13 200.00 307480 5/21/13 9,428.37 307481 5/21/13 1.70 307482 5/21/13 2,108.20 307483 5/21113 112.45 A/P Total 261,968.40 4,430.00 $ 266,398.4 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. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 JUNE, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 23 ITEM TITLE: Temporary Use Permit — National Night Out on August 6, 2013 from 5:00 p.m. to 8:00 p.m. at Las Palmas Park. This is a National City sponsored event per City Council Policy #804. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighbo • oo Services Division APPROVED BY: This is a request from the National City Police Department to conduct the National Night Out event at Las Palmas Park on August 6, 2013 from 5:00 p.m. to 8:00 p.m. The National City Fire Department will cook hotdogs and serve food and drinks. NCPD Canine will be demonstrating and displaying their canine partners. NCPD SWAT will set up a static display for touch and talk. NCPD Traffic Division will have equipment for the community to view and the NCPD Explorers will assist with the event. The Las Palmas Pool will be open to the public as well. The event is a National City Sponsored event per City Council Policy #804. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing sponsored event per City Council Policy #804 Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: Finance MIS the TUP through various City Departments. This is a City • FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: kpplication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Community vent _ Parade _ Demonstration _ Circus _ Block Party _ Motion Picture _ Grand Opening _ Other Event Title: NATIONAL NIGHT OUT 2013 Event Location: LAS PALMAS Event Date(s): From 8/6 to 8/6 Actual Event Hours: 5PM am/pm to 8PM Total Anticipated Attendance: 400 Setup/assembly/construction Date: 8/6 am/pm Participants Spectators) Start time: 3PM Please describe the scope of your setup/assembly work (specific details): SET UP BBQ TRAILER, PICNIC AREAS, VOLUNTEER AND SPONSOR TABLES AND STATIC DISPLAYS. Dismantle Date: 8/6 Completion Time: 9PM 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. NONE Sponsoring Organization: NATIONAL CITY POLICE DEPARTMENT Chief Officer of Organization (Name) CHIEF MANUEL RODRIGUEZ Applicant (Name): SERGEANT HERNANDEZ Address: 1200 NATIONAL CITY BLVD NATIONAL CITY Daytime Phone: (61 336-4411 Evening Phone: ( ) Fax: ( ) E-Mail: AHERNANDEZ@NATIONALCITYCA.GOV Contact Person "on site" day of the event: Cellular: 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? XYES _ NO Are admission, entry, vendor or participant fees required? YES XNO If YES, please explain the purpose and provide amount(s): $ 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 0 Estimated Expenses for this event. $0 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. NCFD WILL COOK HOTDOGS AND SERVE FOOD AND DRINKS. NCPD CANINE WILL BE DEMONSTRATING AND DISPLAYING THEIR CANINE PARTNERS. NCPD SWAT WILL SET UP A STATIC DISPLAY FOR TOUCH AND TALK. NCPD TRAFFIC DIVISION WILL HAVE EQUIPMENT FOR THE COMMUNITY TO SEE. NCPD EXPLORES WILL ASSIST WITH THE 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 %ENO Does the event involve the sale or use of alcoholic beverages? YES XNO Will items or services be sold at the event? If yes, please describe: _ 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. XYES _ 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 XNO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 2 Sizes NOTE: A separate Fire Department permit is required for tents or canopies. X YES _ NO Will the event involve the use of the c& 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 yaw intend to cook food 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 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 retumed to a clean condition.) Number of trash cans: Trash containers with lids: Describe VOLUNITrEERS ANDnTRASH CANof THROUGHOUT THE EVENT r the event: Please describe your procedures for both Crowd Control and Internal Security: NCPD WILL BE ON SITE _ 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): P hone: XYES _ NO Is this a night event? If YES, please state how the event and surrounding area will be iIEX NtC� F'AK HN15o t�edifl 6 NCBs c r .: SHOULD BE CONCLUDED BEFORE SUN SET. C7 Mindiii teggaarr Bement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: POOL IS ACCESSIBLE Please provide a detailed description of your PARKING plan: EXISTING PARKING LOT Please describe your plan for DISABLED PARKING: EXIS I ING DESIGNA I ED SI'O 15 Please describe your olan t� pQt[f E rgsjdepts, _bsajnts and churches impacted by the event: tTTE S t LYtK AIVU W ti NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES XNO 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: _ YES XNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES XNO 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 XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 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 NATIONAL CITY POLICE DEPARTMENT Person in Charge of Activity SERGEANT ALEX HERNANDEZ Address 1200 NATIONAL CITY BLVD Telephone 619-336- 4423 Date(s) of Use 8/6/2013 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 For Office Use Only Certificate of Insurance Approved Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Police Department EVENT: National Night Out DATE OF EVENT: 8/6/13 TIME OF EVENT: 5 p.m. to 8 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 [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The Engineering Department has no comments on the National Night Out TUP. RISK MANAGER (619) 336-4370 All looks in order from Risk Managements perspective. PUBLIC WORKS (619)366-4580 PARKS Parks will provide PA after talking to Officer Hernandez they do not need the stage as stated on the TUP STREETS No Involvement. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the park to be maintained at all times. 2) Fire Department access into and through the movie 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 and fire department connections shall not be blocked or obstructed at any time. 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) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. To be evaluated by the Building Official and City Electrician for requirements due to proximity to pool water 7) Access to electrical appliances shall be limited to qualified personnel only. Electrical area shall be sectioned off from participants for safety. Distance from water to electrical appliances shall meet current Building/Electrical codes (Please consult Building Official). 8) A plan shall be established for placement of BBQ and agreed upon by entire staff prior to start of event. Placement of BBQ shall not create a safety hazard to pool occupants or staff. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. If you have any questions please feel free to contact me. 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. FINANCE No stipulations or requirements for business license. COMMUNITY SERVICES The YMCA will be providing lifeguards and staff for the pool for this event. They are aware of it. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO 24 ITEM TITLE: Weed Abatement Public Hearing PREPARED BY: Robert Hernandez/Fire Marshal DEPARTMENT: Fire PHONE: 336-4552 APPROVED BY: EXPLANATION: 1n accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. FINANCIAL STATEMENT: ACCOUNT NO.! 001-12124-3561 ENVIRONMENTAL REVIEW: IN/iN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council by resolution approves the report and Account as submitted or as modified or corrected by City Council. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Fixed Charges Special Assessments - Please see Exhibit "A" City of National City Weed Abatement Program 2013/2014 Fixed Charge Special Assessments 554 242 14 00 1 � i§ .....�,1 °'� � .il, $1,211.48 1�- 4 rt "* r - J�'"�, _:. .... _.. ...� .._._.....t ,.u$Yxs:_.., . 2703 Melrose St National City 91950 _. ... �,.«,, "'�' .„:.K('i�'K»., r=Ri,w...z. .. a2r_3 s.Z,. ss a�ta: Delacruz Albert A;Jocelyn R u_.a,....., r:-c �.S:9 n_yv.'a,.0 ' '�' �1-� r .. f:,., � ", .s y,, ,.A,.... ... .,' National City .. CA .. . 91950 2703 Melrose St 557 091 22 00 $1,255.24 1207-1209 E 7th St National City 91950 Talpalatsky Sam 1207 E 7th St National City CA 91950 557 410 26 00 $4,156.82 Palm Ave National City Palm Plaza Associates L L C 915 Camino Del Mar #200 Del Mar CA 92014 559 034 14 00 $962.60 320 Civic Center Dr National City 91950 Atsus Joseph 2733 Folsom St San Francisco CA 94110 563 100 26 00 $4,854.98 26th St National City Martinez Salomon F 2875 Lincoln Ct National City CA 91950 563 122 11 00 $891.26 911-913 E 30th St National City 91950 Ramirez Roxana 913 E 30th St National City CA 91950 Total Parcels: 6 e23(�iL..:..!: ---�_ Total Assess: $13,332.38 Ev -"9IT 'A' SUMMARY REPORT FOR APN 554-242-14-00 05/03/12 Initial inspection was made, property was found to be in violation. 05/07/12 Mailed 30 day courtesy notice to the owner. 06/07/12 Re -inspection was made, property was found to be in violation. 06/07/12 Posted property. 06/12/12 Mailed 10 day final notice to the owner, certified mail. 06/26/12 Final inspection was made, property was found to be in violation. 07/02/12 Verified ownership information with the County of San Diego. 07/16/12 Work order authorization signed by City Official. 07/19/12 Certified notice returned, "unclaimed". 07/25/12 F.P.S.I. crews abated the property. 07/30/12 The owner was mailed a bill at our contracted rates. 07/30/12 A Notice of Abatement was filed on the property. 08/23/12 The owner was mailed a final bill. 06/03/13 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Delacruz Albert A;Jocelyn R Address: 2703 Melrose St National City, CA 91950 Date: 5/7/2012 Parcel Number: 554 242 14 00 Location of Public Nuisance: 2703 Melrose St National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round' You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 5/7/2012. "your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Veeetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the Califomia Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared-1n General Any of the following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerot accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or I egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property arc hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which arc otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass. stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municinal Code 1.36.010 Public Nuisance Defined 'Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municinal Code 1.36.060 Abatement— Anneal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1 866-779-3774 Si usted tienealguna pregunta, por favor Ilamc al namero: 1466-779-3774 is anumang katanungan, tumawag tang po as numerong ito: 1-866-779-3774 Sincerely yours in public safety, 1-866-779-3774 ext. 311 or http://fireprevention.net Fire Prevention Services*** "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and filed with the City Clerk (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes *Jr iykya you CLEARED THIS PROPERTY SINCE THIS NOTICE? No NNERS PERTY OWNEARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUNO BASEL Yes (ALL FIRE PREVENT)ION 1-855-T794774 http://fIrepreventIon.net (CALL FIRE PREVENTION FOR RE -INSPECTION. 1466-779-3774 hftp://fIrepreventlon.net DO YOU UNDERSTAND 1 1 HAVE YOU THOROUGHLY THE INvoluvrioNs FOR No READ THE ABATEMENT Yes ABATEMENT? 1 1 INSTRUCTIONS Yes HAVE YOU MADE ARRANGEMEhITS:TO ABATE THE PROPERTY? No WOULD YOU LIKE THE PITY TO ABATE THE HAZARD FOR YOU? No NOT-AliAtEOWIT41.114 TIME SPECIFIED THE • OWNER WILL BE CHARGED A S350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE THE OWNERWILL BE BILLED FOR ALL COSTS IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION, 1-865419-3774 http:/MrepreventIon.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 141611479-3774 http:/lOrepreventIon.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1456479-3774 http://fIrepreventIon.net IF NIAANGEMENTS ARE MADE Eggs TO CITY MATING HAZARD, THE ADMINISTRATIVE FEE MAY OE WANED. 333 E. 16th Street: National City, CA 91960-4596 CITY OF NATIONAL CITY 1. Tractor Mowing A. perparcel, B. per parcel, C. per parcel, D. per parcel, E. Per square SCIDULE:.OF FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre 2. Rand.Labor A. per square foot of area abated 1 Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4... Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reirrmbursement of cost) 5 Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessmeut Fees (includes preparing reports, attending hearings, etc) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. B. C. D E. F. G. H. special inspection fee abatement lien Interest on lien. (apr) release of abatement lien public notary File; duplication fee Unscheduled Labor per man hour unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Delacruz Albert A;Jocelyn R Parcel Number: 554 242 14 00 Address: 2703 Melrose St Date: 6/12/2012 National City, CA 91950 Location of Public Nuisance: 2703 Melrose St National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 6/12/2012. **Your failure to comply with this ordcr will result in you being charged the administmtivc fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee wilt be charged in addition to the contractors fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) fat to one hundred (100) feet from such a budding or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cunings are to be removed from the property and disposed of properly. Vegetation is to he cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish: or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endang life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire departme or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or fin__ that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device. electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush. chaparral. and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in Califomia Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Anneal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779.3774 Si usted tienealguna pregunta, por favor (lame al numero: 1.866-779-3774 Sa anumang katanungan, tumawag tang po sa numerong Ito: 1-866-779.3774 Sincerely yours in public safety, notice. 1-866-779-3774 ext. 311 or http://firepreventton.net Fire Prevention Services*** rev. 0327106, 0424/06, 06121 /06 **You have the right to appeal this matter to the City Council within ten (I0) days of the receipt of this The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Pr:vention Services P. O. Box 1720 El Cajon, CA 92022-1720 March 27, 2013 URGENT Delacruz Albert A & Jocelyn R 2703 Melrose St National City, CA 91950 ETAFiGit:J 27, OAR23Fi1..L OREN ER !=. IL. Fze -1-6N TO ';V-NDe1,', 1 NIP - N 2 0 ;7. 2 1. .2 (3 2 C? 3 Ct - 7 - • 2%.'",:;: 9 *item zeitvem 4.1 • 1ATIVAL CITY CA 91,50 554 242 14 00 Delacruz Albert A;Jocelyn R 2703 Melrose St National City CA 91950 REIFIED NATIONAL CITY FIRE DEPT. 1243 National City Blvd National City, CA 91950-4596 \-73 RETURNRECEIPT REQUESTED — ,„— i) Owner: Delacruz Albert A;Jocelyn R Parcel Number?.— / 4 '4.. Address: 2703 Melrose St Date: 6/12/2012 National City, CA 91950 X 9 ,%. 3 'is; fs 7: Fo oElprin (.? i• '4 A F Location of Public Nuisance: 2703 Melrose St National City 91950 , 7 i"? 4' 'Ls 9 " 4 ;1 4 -ctructions for Abatement: Please clear the entire nronertv of all weed LIPAIWDSTAT. POMI.SPEW. 1000 91950 111 U.S. POSTAG1 \ PAID EL CAJO. cn 92020 JUN 12. • 12 AMOUNT 16.75 0001.5i9 Fire Prevention Services R O. Box 1720 El Cajon, CA 92022-1720 8/23/2012 Illialt 11111 Delacruz Albert A;Joeel>n R 2703 Melrose St National City, CA 9195() 75,-.E4N -x•-)1,1 ".••• 17- FOREVER F. • CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 3451 Owner: Delacruz Albert A;Jocelyn R Address: 2703 Melrose St National City, CA 91950 Parcel #554 242 14 00 Job location:2703 Melrose St National City 91950 Authorized by: Signature: Date: 7/1G.' f 1?-L WHEN SIGNED THIS DOCUMENT- L LOWS GHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION 'UBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) c 06 55S- 41-P94- SAN 0020 COUNTY Ass ssoAi MA/ e00A SS4 Rua 24 W 4t $ MELROSE STREET STREET 5• = 47 O 49 O� i�� o2147 'A iV O 51 6 52 b' % 53 1Ti ® z z1 z2 zx31 O0 @ 00 O , O N50 59 55 5' 56 55 i 54 2 *�<L Z02) 4374-Y7?Z 2_7 2)23/3.> FIRST STREET d 0 0 ® ® Cr :Cr '' ly L 42 ErD z7/O zla1z7 TH4 MO WAS PAWNED FOR ASSESSOR FUMES Ott No LRBtRT 6 ASSAY FOR TIE *CORKY OF TIE DATA 9gwt ASSESSOR S PARCELS MAT 101 COOLY 'MN LOCAL S191M6tA1 011 HALM OROHINCES. CLAIRMONT 4 554-24 5/7/2001 SM CHANGES OLD NEWYR CUT 24, 142 242 17 At. u.I• If ri 21-23 1.T CwC 251173 02 1034 MAP 4268 - NATIONAL AWARD HOMES UNIT NO 1 AUG tit 21301 Work space for dlagrpms and amowntrof work done Nand $q, if,; 2 8 35 Tractor-Sh, FI,, T 15v /5.1tv v\ 411, Fire Prevention Services, Inc. P.O. Box 1720 : El 0.jon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net 7/30/2012 Delacruz Albert A;Jocelyn R 2703 Melrose St National City, CA 91950 Parcel # 554 242 14 00 Location: 2703 Melrose St National City 91950 Dear Delacruz Albert A;Jocelyn R, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter I.36. The charges thus far total $633.50. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 554 242 14 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 Z2- • NATIONAL CITY SCHEDULE OF FEES ((, Tractor Mowing quantity sub total A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attomey Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 3451 APN # 554 242 14 00 2835_sq. ft. 283.50 cu.yds = $350.00 1 350 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 633.50 r Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 8/23/2012 Delacruz Albert A;Jocelyn R 2703 Melrose St National City, CA 91950 Ref: Parcel # 554 242 14 00 Dear Delacruz Albert A;Jocelyn R, This is a reminder of the letter we sent you on 7/30/2012 and we have not received payment in the amount of $633.50 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 554 242 14 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOC ## 2012-0446440 111111111111111111111111111111111111111111111111111111111111 JUL 31, 2012 4:23 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg. Jr., COUNTY RECORDER FEES: 0.00 PAGES: 1 1111111I11IIIIII11111IIIIII11IIIIIIIIIIIIIIIIIIIDIII11111IIIIIIII1111II111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 7/16/2012, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 7/25/2012, and WHEREAS the charge for such abatement amounted to $703.50; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Delacruz Albert A;Jocelyn R at 2703 Melrose St, National City, CA 91950 described as follows: APN # 554 242 14 00 ADDRESS: 2703 Melrose St National City 91950 LEGAL DESCRIPTION: Lot 19 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $703.50 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: July 30, 2012 State ofCalifomia ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On July 30, 2012 before me, Michelle D. Hieains, Notary Public, personally appeared Ken Osborn who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IIICIIEIIE . NOS COMM. *1900612 z Notary Public • California c San Diego County. Comm. ..21, 2014 (Seal) 2. 5- SUMMARY REPORT FOR APN 557-091-22-00 05/14/12 Initial inspection was made, property was found to be in violation. 05/16/12 Mailed 30 day courtesy notice to the owner. 05/29/12 Received returned notice "vacant". 05/31/12 Verified ownership information with the County of San Diego. 06/18/12 Re -inspection was made, property was found to be in violation. 06/18/12 Posted property. 06/19/12 Mailed 10 day final notice to the owner, certified mail. 06/26/12 Certified notice returned, "attempted not known". 07/03/12 Final inspection was made, property was found to be in violation. 07/10/12 Verified ownership information with the County of San Diego. 07/16/12 Work order authorization signed by City Official. 07/25/12 F.P.S.I. crews abated the property. 07/30/12 The owner was mailed a bill at our contracted rates. 07/30/12 A Notice of Abatement was filed on the property. 08/21/12 Invoice returned. 08/21/12 Verified ownership information with the County of San Diego. 08/23/12 The owner was mailed a final bill. 06/03/13 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 2( CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Talpalatsky Sam Parcel Number: 557 091 22 00 Address: 1207 E 7th St Date: 5/16/2012 National City, CA 91950 Location of Public Nuisance: 1207-1209 E 7th St National City 91950 Instructions for Abatement: Please clear the entire property of all weeds. dead vegetation, trash. debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 5/16/2012. ""Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A 5350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94.97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and.disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12,010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangero" accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12,020 Public Nuisance Declared —Weeds and Other Flammable Materlala All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance, For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, liner, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes, National City Municipal Code 131010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. )National City Municipal Code 136.060 Abatement— Aooeal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1466-779-3774 Si toted denealguna pregunta, por favor Ilame al oumero: 1466-779-3774 Sa anumaog katanungan, tumawag tang po sa numerong ito: 1.866-779.3774 Sincerely yours in public safety, "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or http://fireprevention.net The appeal shall be in writing and fikd with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services'"" NATIONAL CITY FIB DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes lr HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No Yea CALL FIRE PREVENTION 1-860-779.3774 http;lltl re preventIon. net CALL FIRE PREVENTION FOR RE4NSPECTION. 1.865.779.3774 http://flreprevsntlon.net' ;PROPERTY OWNERS ARE RESPONIIBLE FOR MAINTNNING HAZARD ABATEMENT DN A YEAR ROUND BASIS. DO YOU UNDERSTAND HAVE YOU THOROUGHLY THE INSTRUCTIONS FOR No READ THE ABATEMENT Yes ABATEMENT? INSTRUCTIONS Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? MOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF N6T Mat D`WIT41IN TIME SPECIFIED THE OWNER WILL BE CHARGED A $360.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION, 1.866.111.3774 http:IMrepreyentlon.net / CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1.684T9-3774 http:IHheprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1.886.779.3774 http://flrepreyentlpn.net IF ARRANGEMENTS ARE MADE awn TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WANED. 333 E. 16th :Street : National City, CA : 91950-4596 2 CITY 'OF 'NATIONAL CITY 1, Trtictof Mowing A. per.patcel, B. per parcel, C. per paroel, D. per parcel, E. Per square SCHEDULE -OF FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre 2. Hand Labor A. per square footof area abated 3. Dozer Operation A. hourly rate B. move -on fee • $250.00 $325.00 $400.00 $450.00 $ 00.02 $ $150.00 $150.00 4. Debris,Remediation (includes chipping, grinding, 'and/or shredding) peroubic yard of material prior to chipping, and or compacting $ 38.00 B. -durnp,-fees (reimbursement of cost) 5. Administrative Fee. (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour .7. AssessmentrFees (includes preparing reports, attending hearings, etc.) •A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. special inspection fee B. abatement lien •C. Interest on Hen (apr) D release of abatement lien E. public notary F.• File duplication fee G. Unscheduled Labor per man hour H. unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50,00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) 2 9 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St.: Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Talpalatsky Sam Parcel Number: 557 09122 00 Address: 1207 E 7th St Date: 6/19/2012 National City, CA 91950 Location of Public Nuisance: 1207-1209 E 7th St National City 91950 Instructions for Abatement: please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain anv and all grasses below 3 inches year roundl You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 6/19/2012. **Your failure to comply with this ordcr will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at EEL expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" if you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred an your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT Olt NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Morticing' Code 9.12,010 Public Nuisance Declared -In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire departmet or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or fini that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Wceds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth arc such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor Ilame al numeeo: 1-866-779-3774 Sa anumang kstanuagan, tumawag lang po sa numerong ito: 1-866-779.3774 Sincerely yours in public safety, notice. 1-866-779-3774 ext. 311 or http://fireprevention.net Fire Prevention Services*** rev. 03/27/06, 0424/06, 0621/06 **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. ^ sDxana iVAia NATIONAL CITY FIRE DEPT. 1243 National City Blvd National City, CA 91950-4596 IMPORTtAz'' y .. -..,.., 8.i';�:A. Y' 2i)1 . " 0.1 'u HAZARD ABATMENT NOTICE �'—" ustice Owner: Talpalatsky Sam Parcel Numher: 557 k Address: 1207 E 7th St Date: 5/16/2012 h , u r National City,"A 91950 Location of Public Nuisance: 1207-1209 E 7th St National City r_ .—.-s:--.. C - Ai.atnmant. Vlao.n. e'en r'the entire oronertv of FOREVER S7 1 if) l; / i 4! _ . i w: n v a q .} n `i CY �: c ii fi. �a �a . yr •; S 4 - 4[ ari',;Gp4Al fi','r a 9195 557 091 22 00 Talpalatsky Sam 1207E 7th St National City CA tF: 91950 NATIONAL CITY FIRE DEPT. 1243 National City Blvd National City, CA 91950-4596 itJik,1 RECEIPT REQUESTED 1)11/41 7011 0470/1131- \'II 11, JUn 2 5 2012 a 91950 U . S . POSTAGE Pfl1 D EL CMO'n JUN 19. 12 AMOUNT Owner: •alatsky Sam Parcel Number: iz. Address: 120 St Date: 6/19/2012 National CA 91950 ', :. i !.-: :,:'.• a. ..-.1.', f.) i, ,i ,.:: D - ,N, ,, 0 iA N. Location of Public Nuisance: 1 -1209 E 7th St National City 91 t .3 [.... 9 ;...-'.,...4 ' 2 :1.. .3 .., .. Instructions for Abatement: Please.. clear the entire property of all i 3 ."7 $5.75 00012579-16 49.7eS7-77071 , t ! Fire Prevention Services P. O. Box 1720 El Cajon, CA 92022-1720 cA) 7/30/2012 Talpalatsky Sam 1207 E 7th St National City, CA 91950 0,4 FOREVERJustic- D o1cL7c) co P A T T E m ;•-- T F ;,:".. - 1,-, 0 7.- K i'•,.: 3 IP' ',,,,, _ :.-. I .; I- :....,!: i1r, i.'. .•-., .• ,`; :' ..' "! : ;,' ',.; :,'.' (.; '''' 2 13 0 •-•.. '.3..-... ',,, '..-_, L- 1;. • 4 3 SI.SSGI2E:1271:17 Fire Prevention Services R a Box 1720 El Cajon, CA 92022-1720 CA) 8/23/2012 Talpalatsky Sant 1207 E 7th St National City. CA ()1 951. 1' 111411 k Ca, • DECP1111E41 FOREVER OPLI c7c1373, i 00 0Ei2;:1.2 .-..TJ.P!' f-r; t-.!.:D=7. !,..TTPTFC - Y,OT 10-1wk sisitedtM'Wo 1(1,1 1111 I h 'I. di ti 1 !! 11 ; • CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 3536 Owner: Talpalatsky Sam Address: 1207 E 7th St National City, CA 91950 Parcel #557 091 22 00 Job location:1207-1209 E 7th St National City 91950 Authorized by. Signature: : 71I(c)(02 WHEN SIGNED THIS DOCUMENT AZLt WS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation. trash. debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain anv and all grasses below 3 inches year round) 06 BS7-Oft-O42 , SNI 0E00 COUNTY AS3ESSC06 MAP BOOR SST PACE OC J i1 J •w •a s 1 sIXTH swN seas tar .7 •7K ' V O 0.64 AC ' Oil 4/r SEVENTHS ►C l(S 0 2 ST /202 /ZO, P /47 1 k - EIGHTH•- • KK Y• • f22_ 0 1,4 f0 ay fe Y235 k 557-09 41, ($/R 70621 .•r0301t -ST- 131L ST 3 �330 fp33 133, /a, 3 M 06 • I'=SOD' I/4/8006 300 C SLR or 012 091 061 002 OLD Wt , 79,E 7, 1157 K 226127 2316 1.ei.M 1 83 2950 eel? 22025 00 7770 t0 23024 m MOS YNY M07 CO FLY YlTh "f fll 521 ORO6MNCE6$ tar4 MAP 3725 - SUNNY VALE MAP 166 - RHO DE LA NACION - POR OSEC 131 a cc cc \\A Work pa oe for cliagrpm/ amou n of work done tiond $q. FL :5(2-9 f) TrAotOr-S, 15 X4/0 oo svct, X41,0 moo 5i, \ i5 9,25 r • 4 r{0 /- . Total Rcinoyit! Cu. Yds.! ce-) D40C 10-6 0,01/ 0,oi; tiz ,$g R �`^ � �. E Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net 7/30/2012 Talpalatsky Sam 1207 E 7th St National City, CA 91950 Parcel # 557 091 22 00 Location: 1207-1209 E 7th St National City 91950 Dear Talpalatsky Sam, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $672.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 091 22 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 Tractor Mowing A. B. C. D. E. NATIONAL CITY SCHEDULE OF FEES per parcel, sized I to 7,500 square feet per parcel, sized 7,501 to 15,000 square feet per parcel, sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee quantity sub total S250.00 S325.00 S400.00 $450.00 $00.02 sq. ft. $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour 3220sq. ft. 322.(, $350.00 1 $200.00 Assessment Fees (includes preparing reports, attending hearings. etc.) A. cost confirmation fee, per parcel $275.00 Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 3536 APN # 557 091 22 00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 672.00 cu.yds = 350 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 8/23/2012 Talpalatsky Sam 1207 E 7th St National City, CA 91950 Ref: Parcel # 557 091 22 00 Dear Talpalatsky Sam, This is a reminder of the letter we sent you on 7/30/2012 and we have not received payment in the amount of $672.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 091 22 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/1 9/06 SUMMARY REPORT FOR APN 557-410-26-00 03/09/12 Initial inspection was made, property was found to be in violation. 03/12/12 Mailed 30 day courtesy notice to the owner. 04/12/12 Re -inspection was made, property was found to be in violation. 04/12/12 Posted property. 04/17/12 Mailed 10 day final notice to the owner, certified mail. 04/20/12 Received signed certified return receipt. 04/30/12 Final inspection was made, property was found to be in violation. 05/01/12 Verified ownership information with the County of San Diego. 05/10/12 Work order authorization signed by City Official. 05/14/12 F.P.S.I. crews abated the property. 05/16/12 The owner was mailed a bill at our contracted rates. 05/17/12 "Paul" left message. 05/24/12 "Paulie" left message. 05/29/12 Returned call, no Paul there. 05/29/12 Left message that property was abated and would receive bill. 05/31/12 "Paulie" left message for Mr. Osborn. 06/05/12 Mr. Osborn returned "Paulie's" call, he was busy and would call back. 06/10/12 The owner was mailed a final bill. 06/28/12 A Notice of Abatement was filed on the property. 06/03/13 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. sp2 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Palm Plaza Associates L L C Address: 915 Camino Del Mar #200 Del Mar, CA 92014 Parcel Number: 557 410 26 00 Date: 3/12/2012 Location of Public Nuisance: Palm Ave National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 3/12/2012. **Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (I00) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to he removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE,THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game Cr the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (I0) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or danger& accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Firc Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9,12.020 Put lic Nuisance Declared --Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: E. Dry grass, stubble, brush, liner, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance° means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement-- Auneal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. It you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor Ilame al numero: 1-866-779-3774 Sa anumang katanungan, tumawag tang po sa numerong ito: 1-866-779-3774 A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. Sincerely yours in public safety, 1-866-779-3774 ext. 311 or http://fireprevention.net Fire Prevention Services'** "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. S3 NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CCALL FIRE PREVENTION FOR RE -INSPECTION. 1-866.779-3774 http://firepreventIon.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. DO YOU UNDERSTAND HAVE YOU THOROUGHLY THE INSTRUCTIONS FOR No READ THE ABATEMENT Yes ABATEMENT? INSTRUCTIONS Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://firepreventIon.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http:I/fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866.779.3774 http://firepreventlon.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WANED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY 1. Tractor Mowing A. per parcel, B. per parcel, C. per parcel, D. per parcel, E. Per square SCHEDULE OF FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre 2. Hand Labor A. per square foot of area abated $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Palm Plaza Associates L L C Parcel Number: 557 410 26 00 Address: 915 Camino Del Mar #200 Date: 4/17/2012 Del Mar, CA 92014 Location of Public Nuisance: Palm Ave National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 4/17/2012. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will he charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line. whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared -In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endang life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire departmei or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or fin, that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared --Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the saute meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36,060 Abatement- Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779.3774 Si usted tiencalguna pregunta, por favor (lame al numero: 1-866.779-3774 Sa anumang katanungan, tumawag lang po sa numerong ito: 1.866-779-3774 Sincerely yours in public safety, "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or http:/lfireprevention.net The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services*" �� rev. 0327/06, 0424/06, 0621/W i0 Iru m ti 7010 2780 ❑001 557 410 26 00 Palm Plaza Associates L L C 5 Camino Del Mar #200 Mar CA 92014 Nl: 1 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Prim your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or cm the front if space permits. 1. Article Addressed to: 557 410 26 00 Palm Plaza Associates L L C 915 Camino Del Mar #200 Del Mar CA 92014 COMPLETE THIS SECTION ON OFLIVERY gnature i 1 1 D. Is delivery address different from Item 1? 1D If YES, enter delivery address below , o / LJ Addressee livery J7 • 3. Service type ❑ Certified Mail ❑ Registered ❑ Insured Mail ❑ Expose Mall ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rfansfer from service label) 7010 2780 0001 2840 2907 ; PS Form 3811. February 2 Domestic Return Receipt 102595-02-M-1540 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 3305 Owner: Palm Plaza Associates L L C Address: 915 Camino Del Mar #200 Del Mar, CA 92014 Parcel #557 410 26 00 Job location:Palm Ave National City Authorized by: Y,,A (Li) rlit6'i.d,1. Signat Date: `.� " IL - 1 2., WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 806 v SAN MEDO COUNTY ASSESSOR'S MAP BOOK 557 PACE 41 NW COR LOT MIE011 .0nSEL G. 1 14TH ST 4 1..11191114 AdAMIltfr IS I w.WAWMP 12TH :A a 4 rm. 4? 4 • Airs. es PM 2 PM 1 O 81.14 AC i 1.07 AC at to G /1 U N ? AO'IC d 1. PAR / SBE MAP 2743-37-73 el I i x 1; l73b 1.7410 2A0..25 P1413257 16 0.67 AC THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DMA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION_ OR BUILDING ORDINANCES, MAP 166-RANCHO DE LA NACION ROS 17515 557-41 1"=1D0• MM. Ay CH OLD CUT 410 /3 233 2 3 It, /'J 7/ •4/7' 23 yc, vn 24k25 570 3126 /36/ 1398 1850 21623 25627 08 1027 11 '' 11 4677 C CAMC CARC IMO 07 • iF,k _ jLnowAv plod, 00o'5 ouop.lom joYunow* pun swdi8vip ponds >Nom I 1 • 55-3`?-11 - 0-t?G'l1 '1d 'bS pU • Fire Prevention Services' Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net 5/16/2012 Palm Plaza Associates L L C 915 Camino Del Mar #200 Del Mar, CA 92014 Parcel # 557 410 26 00 Location: Palm Ave National City Dear Palm Plaza Associates L L C, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $3,850.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 410 26 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 G7 • NATIONAL CITY SCHEDULE OF FEES 'ractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. quantity sub total Iland Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 3305 APN # 557 410 26 00 $350.00 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) 35.000 sq. ft. 3.500.00 cu.yds = TOTAL $ 3,850.00 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 6/10/2012 Palm Pla7l Associates L L C 915 Camino Del Mar #200 Del Mar, CA 92014 Ref: Parcel # 557 410 26 00 Dear Palm Plaza Associates L L C, This is a reminder of the letter we sent you on 5/16/2012 and we have not received payment in the amount of $3,850.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 410 26 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 ca RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 rre- D O C # 2012-0384377 IIIIIIII III Hit IIIII IIIII IIIII IIIII IIIII Ilill IIIII IIIII IIIII IIII IIII JUL 02, 2012 3:58 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J_ Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES 1 I IIII I I II III I IIII IIIN IIIII INN I I III I III IIII IIIII I IIII III I I II III IIII I III II II NI I NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 5/10/2012, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 5/14/2012, and WHEREAS the charge for such abatement amounted to $3,920.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Palm Plaza Associates L L C at 915 Camino Del Mar #200, Del Mar, CA 92014 described as follows: APN # 557 410 26 00 ADDRESS: Palm Ave National City LEGAL DESCRIPTION: Sly 70.48 Ft Of Par 3&All Of Par 2 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $3,920.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: June 28, 2012 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On June 28, 2012 before me, Michelle D. Higgins, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. z z MICHELLE D.NIGGINS COMM. *1900612 z Notary Public • California p San Diego County , Comm. E 21, 2014 (Seal) 70 SUMMARY REPORT FOR APN 559-034-14-00 07/19/11 Received citizen complaint. 07/21/11 Initial inspection was made, property was found to be in violation. 07/22/11 Mailed 30 day courtesy notice to the owner. 08/22/11 Re -inspection was made, property was found to be in violation. 08/22/11 Posted property. 08/23/11 Verified ownership information with the County of San Diego. 08/23/11 Mailed 10 day final notice to the owner, certified mail. 09/07/11 Final inspection was made, property was found to be in violation. 09/21/11 Work order authorization signed by City Official. 09/26/11 F.P.S.I. crews abated the property. 09/28/11 The owner was mailed a bill at our contracted rates. 10/21/11 The owner was mailed a final bill. 11/04/11 A Notice of Abatement was filed on the property. 06/03/13 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 7/ CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Atsus Joseph Address: 2733 Folsom St San Francisco, CA 94110 Parcel Number: 559 03414 00 Date: 7/22/2011 rPY Location of Public Nuisance: 320 Civic Center Dr National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 7/22/2011. **Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING, IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerou accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life ,roperty; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National Citv Municipal Code 9.12.020 Public Nuisance Declared —Wads and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth es to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National Citv Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor /lame al numero: 1-866-779-3774 Sa anumang katanungan, tumawag long po sa numerong ito: 1-866-779-3774 sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or httpd/fireprevention.net The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) �� ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services*** NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS ANL? ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes AVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? THEINSTRUCTIONS FOR No 1._ READ THEABAABATEMENT Yes po YOU UNDERSTAND HAVEDYOVTHOROUPHLY ABATEMENT? INSTRUCTIONS PR Yes CAI-6,MM PREVENTION 14$64,7943774 ,IntpftitIreRreventIon.nel CALL FIRE ii' REVENTiON )FOR ( REJINSPECTION: 14064794774 hftpnr repreestntIon.ne ERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATESIENT ON A YEAR ROGNO BASIS. • YeS HAVE YOU MADE ARRANGEMENTS TO ABATE THE FrROPERTY? •WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A MOM ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL. BE BILLED FOR ALL COSTS Yee Yes < CALC 'FIREOREVENTION FOR ARRANOEMENTS. 1,606479.3774 , h#pytttrepreventIonalet IF YOU DO NOT UNDERSTAND INSTRUCTIONS CAN. FIRE PREVENTION. 1.868.779-3774 SitiszyglsmismkstseAsn.net CALL FIRE PREVENTIONWHEN COMPLETED FOR RE -INSPECTION. -1,411147•074 httptiltepravenEon.net IF ARRANGEMENTS ARE MADE ?NOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY ISE WAIVED. • 333 E. 16th Street : National City, CA : 91950-4696 73 CITY OF NATIONAL CITY 1, Trcctor.Mowing A, per parcel, B. per parcel, C, per parcel, D. per parcel, E. Per square SCHEDULE OF FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $25000 $325.00 $400.00 $450.00 • $ 00.02 $ 00.10 $=15000 $150.00 4, Debris Remediation (includes chipping, grinding,. and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees ..(reitn-l)t rsement af;cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings,. etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) T) release of abatement lien E. public notary F. File duplication fee G. Unscheduled Labor per man hour H. unscheduled fees $350.00 $200 00 $275.00 $ 50.00 $ 50,00 10% $50.00 $ 20.00 $ 50.00 $ 50•.00 (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Atsus Joseph Address: 2733 Folsom St San Francisco, CA 94110 Parcel Number: 559 03414 00 Date: 8/23/2011 Location of Public Nuisance: 320 Civic Center Dr National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 8/23/20I1. **your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractofs fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustibk growth which is located from thirty (30) feet to one hundred (100) fat from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be tut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endani life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations oldie fire departnx... or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds' shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36,010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement --Appeal— Healing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor (lame al numero: 1-866-779-3774 Sa anumang katanungan, tumawag long po sa numerong ito: 1-866-779-3774 Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or http://fireprevention.net The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) • ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services*** ` J ley. 03/27/06, 04/24/06, 06/11/06 0 ti ti 559 034 14 00 o . Atsus Joseph 2733 Folsom St N ' San Francisco CA 94 NG• NATIONAL CITY FIRE DEPT. 1243 National City Boulevard NATIONAL CITY, CA 91950-4596 Owner: Atsus Joseph (gyp Address: 2733 Folsom St `� San Francisco, CA 94110 i tl i 111 i 7010 2780 0001 2840 1870 A \ Parcel Number: 559 034 14 00 Date: 8/23/2011 ...)LLS norrPorn.st+rvreV,C s LOCO i i i U.S. POSTHGE PATi EL LHJUN.LH 92u"2O RUG u r1ODU 55,59, NIXIE 941 DE i 00 11,/13/11 RETURN TO SENDER Location of Public Nuisance: 320 Civic Center Dr National City 9 UNCLAIMED UNABLE TO FORWARD Instructions for Abatement: Please clear the entire property of alit • - ._-. - -- PW - I, 919SO4S9899 *0104-0.2E76-20-3S *44iifY414141MtleaDa „,,,lil,i,„I,I,II,,,,I„I,I,I,L1,,,11„I,1„1,1,,,1„11 1 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 Owner: Atsus Joseph Address: 2733 Folsom St San Francisco, CA 94110 Parcel #559 034 14 00 Authorized by: WORK ORDER AUTHORIZATION Authorization # 3243 Job location:320 Civic Center Dr National City 91950 • Signature. Date: C'Z 1 1 r WHEN SIGNED THIS DOCUMENT ALL s " GHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds. dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year roundl 06 Sax esStzt C86Mfi 4S$tSS6RS ass moos94frim e7, 09 e w n 0 4 84 —91 2101 PO PAR SBE MAP 863S2 -37-7R (13L) IA`nr Moi WMi iwn1�z.di ti b b CIVIC CENTER 14t I 6) 1 f HARDING STREET 22 �z1 6 2423 (SipEti) OR I 4 MAP 364 — SANCROFTS RESLE1 MAP 348 — NATIONAL CITY REFILED ROS 10031, 1O4O5, 10457, 12067 ry t Y ro a COOLIDGE ED 10/20/ao MAS GCT 2 7 2000 Work spac4 for diagrams and amounrrof work done 5_ d Hard 3q, FL: J TraotorIcl. Fi,,, v Total Rcmoval Cu. Y6e., -. r 1 5x75- i"15 s-�35:175 f z - •ax--. r—uoset 4.4..4 41=FU 17: r*-ra Ste- I pi t -_ram. II= 3232 - - L'iII L. §.12 rat' Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net 9/28/2011 Atsus Joseph 2733 Folsom St San Francisco, CA 94110 Parcel # 559 034 14 00 Location: 320 Civic Center Dr National City 91950 Dear Atsus Joseph, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $385.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 559 034 14 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/ 19/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity suh total A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. Hand Labor A. per square foot of area abated $0.10 350 sq. ft. 35.00 Dozer Operation A. hourly rate B. move -on fee $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X cu.yds = B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 350.00 Attorney Services A. per parcel, per hour $200.00 Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 B. abatement lien $50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 G. unscheduled Labor per man hour $50.00 H. unscheduled fees (reimbursement of cost) FILE # 3243 APN # 559-034-14-00 TOTAL $ 385.00 �0 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 10/21/2011 Atsus Joseph 2733 Folsom St San Francisco, CA 94110 Ref: Parcel # 559 034 14 00 Dear Atsus Joseph, This is a reminder of the letter we sent you on 9/28/2011 and we have not received payment in the amount of $385.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 559 034 14 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 G1 / RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 D O C if 2011-0597531 11111111 III IIIII IIIII IIIII IIIII IIIII 1 III IIIII IIIII 11111 IIIII IIII IIII NOV 08, 2011 2:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr.. COUNTY RECORDER FEES: 0.00 PAGES: 1 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111IIIIIIIIIlullIIIINil NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS WHEREAS WHEREAS WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and such violation was ordered abated on 9/21/2011, and representatives of the National City Fire Department abated the violation(s) on 9/26/2011, and the charge for such abatement amounted to $455.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Atsus Joseph at 2733 Folsom St, San Francisco, CA 94110 described as follows: APN # 559 034 14 00 ADDRESS: 320 Civic Center Dr National City 91950 LEGAL DESCRIPTION: Lots 19 Thru 22 Blk 115 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $455.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: November 4, 2011 State of California ) SS. County of San Diego BY: Ken Os • . , Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On November 4. 2011 before me, Michelle D. Higgins, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS/My and 9 fcialseal. «�J MICNELLE D. HIGGINS 6 COMM. #1900612 z Notary Public • California o San Diego County M Comm. E es . 21.2014 (Seal) SUMMARY REPORT FOR APN 563-100-26-00 07/05/12 Received citizen complaint. 07/05/12 Initial inspection was made, property was found to be in violation. 07/06/12 Mailed 30 day courtesy notice to the owner. 07/19/12 Received returned notice "attempted not known". 07/24/12 Verified ownership information with County of San Diego. 08/06/12 Re -inspection was made, property was found to be in violation. 08/06/12 Posted property. 08/07/12 Mailed 10 day final notice to the owner, certified mail. 08/20/12 Final inspection was made, property was found to be in violation. 08/23/12 Verified ownership information with County of San Diego. 09/13/12 Certified notice returned "unclaimed". 09/05/12 Work order authorization signed by District Official. 09/19/12 F.P.S.I. crews abated the property. 09/20/12 The owner was mailed a bill at the contracted rates. 10/19/12 The owner was mailed a final bill. 10/19/12 A Notice of Abatement was filed on the property. 06/03/13 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. c3 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Martinez Salomon F Address: 2875 Lincoln Ct National City, CA 91950 Parcel Number: 563100 26 00 Date: 7/6/2012 Location of Public Nuisance: 26th St National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. AU piles of dead vea_etation and debris must be removed from the property. (Please maintain any and all Grasses below 3 inches year round) Please remove all tree branches that exist within 6 feet from the ground. (Pepper trees) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 7/6/2012. "Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of Inc ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the Califomia Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in Inc areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: t. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish: or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Firc Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Manielnal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to Inc public's health, safety and welfare or which significandy obstructs, injures or interferes with Inc reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1,36.060 Abatement— Anneal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 it usted tienealguna pregunta, por favor (lame al numero: 1-866-779-3774 anumang katanungan, tumawag tang po sa numerong ito:1-866-779-3774 Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or http://flreprevention.nel The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) }, •••Fire Prevention Services Inc is tinder contract with the City of Nahanni City �J (� CITY ME -DEPARTMENT COMMON .QUESTION AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS . PROPERTY? • Yes YOU CLEARED THIS RERTYSINCE THIS NOTICE? No 1 NNEOWNER AWONWELE POE ►LUNTAIN EORAEARD MIATEMENT DNA YEAR ROUND NO Yes CALL FIRE PREVENTION' 1,41007414774 httpllrprevention.net CALL FIRE PR ENTION FOR RE -INS ..ECTION. 1410-T7E4774 http;Nflr_epr,ventkln:net DO YOU UNDERSTAND ThE14401RUS'I GN$FOR No- 6 ABATEMENT? Yes 4 HAVE YOU MADE ARRANQEME NTS,;T1p: ,ABATE THE PROPERTY? HAVE YOU THOROUGHLY READ T E ABATEMENT INSTRUCTIONS —Yes • WOULD YOU LIKE THE 'CITY TO ABATE THE HOARD fOR YOU? No IFNI5VA DWIT44114 TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes IF YOU DONOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1.666-779-3774 http:Tl11tipixoglitIAn.not r CALL FIRE PREVENTION WHEN COMPLETED FOR RE,tNSPECTION. 14160194714 http:Iltigpreventlon.net CALL FIYiE I VENTIUN FOR A'RRICNGEMENT9. 14E6.7T94774 http. //Ilreprrventlen.net IF ARRANGEMENTS ARE MADE ! IQE TO CITY WINO HAZARD. me ADMINI$TRATNE FEE MAY OE WANED. 333 E. 16th.Street : National City, CA : 91950-4596 1, 1404412*g PAr/Paseel, B. -per C. per. parcely D. per parcel, E. Per square • SCHEDULE -OF :FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet -sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre 2. . Hand .1000r F.iggarefoot.of area abated 3. bqieftneMion hOUrly rate B. move -on :fee,. $250.00 $325.00 $400.00 $450,00 $ 00.02 $ 00.10 $150,00 $150.00 -D,thris.Remediation (includes chiVirig, grindilig, and/or shredding) -41 per,cubiO yard of material prior to chipping, and or compacting $ 38.00 - Aumptees • (reigtufsernent of cost) tildlitipastrat4v.e Fee,(failure to comply with final notice) A. per parcel A. per parcel-, per hour '41sessgpm,FieS (Includes preparing,reports, attending hearings,: ete:) A. Cost confirmations fee, per parcel • 8. Miscellaneous Fees A. special inspection fee B. abatement lien Intprest gin lien--(aPr) b ifiltigt:pfabat-emerit lien E. pal:Mb-notary V. tile4upLiaation fee G. Unscheduled Labor per man hour H. unscheduled fees $350.00 $200,00 $275,00 $ 50.00 $ 50.00 10% $ 50,00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Martinez Salomon F Address: 2875 Lincoln Ct National City, CA 91950 Parcel Number: 563100 26 00 Date: 8/7/2012 Location of Public Nuisance: 26th St National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Please remove all tree branches that exist within 6 feet from the around. (Pepper trees You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 8/7/2012. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a budding or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. )National Citv Municipal Code 9.12.010 Public Nuisance Declared —In Genera Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endani life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire departua or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When, the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the opaations of the fire department or the egress of occupants in the event of fire. National Citv Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National Citv Municipal Code 136.010 Public Nuisance Defined "Public Nuisance means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. Nadonal Citv Municipal Code 136.060 Abatement— Anneal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. 1f you should have any questions, please feel free to call this number: 1-866-779-3774 Si rated tienealguna pregunta, por favor 'lame al numero: 1466-779-3774 Sa anumang kataaungan, tumawag tang pa so numerong ito: 1-866-779-3774 Sincerely yours in public safety, "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1.866-779-3774 est 311 or http://flreprevendon.net The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) __ ... ... ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services*** NATIONAL CITY.FIRE DEPT. 1243 National City Blvd National City, CA 91950-4596 Or) Owner: Martinez Salomon F Address: 2875 Lincoln Ct National City, CA 91950 IMPORT:Ai/4W,-, C HAZARD AB=MNTNOTIGE Parcel Mr Date: 7/6/2012 ocation Of Public Nuisance: 26th St National City • Ai S i) : FOREVER a NATIONAL CCITY CA 9195O 563 100 26 00 Martinez Salomon F 2875 Lincoln Ct National City CA 5O.45 nO20 • $2.95 w $2.35 MOO }. $5.75 08i17jL/. of '_ 91950 NATIONAL CITY FIRE DEPT. 1243 National City Blvd National City, CA 91950-4596 RETURN REM REQUESTED QMartinez Salomon F �/'► ;ss: 2875 Lincoln Ct National City, CA 91950 i i i i i i i 7011 0470 0001 9038 8810 VA.%Parcel Number: 563100 26 c Date11/7/2012 ion of Public Nuisance: 26th St National City ;tions for Abatement: Please clear the entire property of all weeds. dead veg S S5C'7ci07S UMTE031ATES POSTAL SERVICE 1000 195 i /, 1111l I11.1 lid. 1 11111.111 I111,,,I„ ,I,1,1111,i,1 U.S. POSTAGE rAiu EL CAJON.CA 92020 AUG AMOUNT Fire Prevention Services P. O. Box 1720 El Cajon, CA 92022-1720 9r00012 Mal;inci Salornoi, !: 2h 's Lincoln ct Nat itl City, CA '050 20 SFP PI4 11. FOREVER R •-5tv361-4aft4.-s1 Fire Prevention Services P. O. Box 1720 El Cajon, CA 92022-1720 N 10/19/2012 Martinez Salomon F 28M •Lincoln Ct National City, CA 91950 Lt 7 rt 7.t 7, 7c:11 7 g :12t7t$: • • ••••:,'" tuts . - Free 1114:';. • ••• FOREVER g T.•• •!, :7 AI,: 77 t.". -2. ' :- 2 .71 .7. "1_ ••• r—• 1"..T — ••4 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 3632 Owner: Martinez Salomon F Address: 2875 Lincoln Ct National City, CA 91950 Parcel #563 100 26 00 Job location:26th St National City Authorized by: ,4 Z44 Sitnat_ — c Date: c- . 1 Z-.. WHEN SIGNED THIS DOCUMENT ALLOWS $I(GHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break dy Hand Cutting: q. ft. Removal: ky cu. yds. Tractor Mowing: sq. ft. Discing: _ sq. ft. Type: CREW INFORMATION Crew Date A Type :--C C\ Type.k/1► IU V - Type: Notes: Please clear the entireproperty of all weeds. dead vegetation. trash. debris and arundo. Allpiles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Please remove all tree branches that exist within 6 feet from the ground. (Pepper trees) /� Qtl 5�11 0401 co...?.l AsscsSORI MAP BOOK!!) Mods J 11 2. 3 4 ., I414114 Sk 6 SCM.E M11no OF AN I11Eq e glEn 2 ?1(7 i 26111, ST no W'I S NEMIED ION ASERaile 0.11P6fES O1Y. I train ASSUM W FOR NM WACCUMO (s D•mri501 a' e.A M AVE— MAP t542—OLIVEWOOD TERRACE ROM 640 563-10 Work space for diagrpms and amoun,t,Qf work done Nand $q, Ft. 5D D rtk(, ,' k _ 1 5 , ' -� 3 ,3 cAdi xis, ' = 1,3 33 co y15 Trectdr $ , FI,; .SUL�Z� Total Rcrnovai Cu, Yds. __ „,• �;_,, • 0 -. ��o ;. , - A t Attott-1. 44.44*-""` , , e - , • """"$,/,, ' Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net 9/20/2012 Martinez Salomon F 2875 Lincoln Ct National City, CA 91950 Parcel # 563 100 26 00 Location: 26th St National City Dear Martinez Salomon F, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $3,917.44. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 563 100 26 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 /1 ? Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 3632 APN # 563-100-26-00 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 quantity sub total 35,000 450.00 sq. ft. 5000 sq. ft. 500.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X 68.88 cu.yds =2,617.44 B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 350.00 Attorney Services A. per parcel, per hour $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 3,917.44 ?Q Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 10/19/2012 Martinez Salomon F 2875 Lincoln Ct National City, CA 91950 Ref: Parcel # 563 100 26 00 Dear Martinez Salomon F, This is a reminder of the letter we sent you on 9/20/2012 and we have not received payment in the amount of $3,917.44 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 563 100 26 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 D O C if 2012-0650225 1 IIIIIIII III 1 III IIIII 11111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII III IIII OCT 23, 2012 2:02 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 1 1 N111111h1 IIIII 11111 IIIII11111 Iti11110h 11111111111111111100I IIIII iful IIII 1111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 9/5/2012, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 9/19/2012, and WHEREAS the charge for such abatement amounted to $3,987.44; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Martinez Salomon F at 2875 Lincoln Ct, National City, CA 91950 described as follows: APN # 563 100 26 00 ADDRESS: 26th St National City LEGAL DESCRIPTION: Por Rr R/W Adj In 40Ac Lot 1 Qsec134 Mp 166&All Lots 4&5 Blk II This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $3,987.44 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: October 19, 2012 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On October 19, 2012 before me, Michelle D. Higgins Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hafid and official seal. MICHELLE D. HIGGINS I COMM. #1900612 z Notary Public • California c San Diego County _Mt Comm. Expires Aut 21, 2014! (Seal) /)2 SUMMARY REPORT FOR APN 563-122-11-00 04/05/12 Initial inspection was made, property was found to be in violation. 04/06/12 Mailed 30 day courtesy notice to the owner. 05/07/12 Re -inspection was made, property was found to be in violation. 05/07/12 Posted property. 05/08/12 Mailed 10 day final notice to the owner, certified mail. 05/14/12 Certified notice returned "attempted not known". 05/15/12 Verified ownership informationwith County of San Diego. 05/30/12 Final inspection was made, property was found to be in violation. 05/31/12 Verified ownership information with County of San Diego. 06/11/12 Work order authorization signed by District Official. 06/22/12 F.P.S.I. crews arrived to find property in compliance. 06/25/12 The owner was mailed an Administrative bill at the contracted rates. 07/13/12 The owner was mailed a final bill. 07/13/12 A Notice of Abatement was filed on the property. 06/03/13 The list of Fixed Charge Special Assessments [EXHIBIT "A"J and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. /,23 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Ramirez Roxana Parcel Number: 563 122 1100 Address: 913E 30th St Date: 4/6/2012 National City, CA 91950 Location of Public Nuisance: 911-913 E 30th St National City 91950 Instructions for Abatement: Please remove dead Christmas tree from property and dispose of it properly. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 4/6/2012. **Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line. whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared-1n General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous ccumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life c .roperty: or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the .:gress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced: or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared --Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement- Appeal- Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to tall this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor (lame al numero: 1-866-779-3774 Se anumang katanungan, tumawag tang po se numerong ito: 1-866-779-3774 incerely yours in public safety, 1-866-779-3774 ext. 311 or http://fireprevention.net Fire Prevention Services*** rev. 03/27/06, 04/24/06.06/21/06 **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. / NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes 1 HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No 1 Yes CALL FIRE PREVENTION 1-866.779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http:/ffireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. DO YOU UNDERSTAND HAVE YOU THOROUGHLY THE INSTRUCTIONS FOR No READ THE ABATEMENT Yes ABATEMENT? INSTRUCTIONS Yes 1 i HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? 1 WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A 9350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1.866-779.3774 http:gfirepreventlon.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1.666-779-3774 http://flrepreventlon.net CALL FIRE PREVENTION FOR 1( ARRANGEMENTS. 1-866479-3774 http://fireprevention.net W ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTMTNE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY 1. Tractor Mowing A, per parcel, B. per parcel, C. per parcel, D. per parcel, E. Per square SCHEDULE OF FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notary F. _ File duplication fee G. Unscheduled Labor per man hour H. unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) Fire Prevention Services*** rev. 0327/06, 04/24/06,0621/06 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St.: Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Ramirez Roxana Parcel Number: 5631221100 Address: 913 E 30th St Date: 5/8/2012 ... F National City, CA 91950 Location of Public Nuisance: 911-913 E 30th St National City 91950 Instructions for Abatement: Please remove dead Christmas tree from property and dispose of it properly. You are hereby directed to abate the public nuisance described above, of which you arc the occupant or owner, within ten (10) days of 5/8/2012. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractors fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetatiot! For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the Califomia Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger lift or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or arty fire separation wall is reduced; or fii that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as 10 create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Appeal— Hearing Within ten (I0) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1466-779-3774 Si dated tienealguna pregunta, por favor (lame al numero: 1-866-779-3774 Sa anumang katanungan, tumawag tang po sa numerong ito: 1466-779-3774 Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or http://flrepreventton.net The appeal shall be in writing and filed with the Ciry Clerk. (NCMC 1.36.050) ""Fire Prevention Services, Inc. is under contract with the City of National City. `.` ZLO # * ' 4„. *, • ' *;4 • S ' . • • • 563 122 11 00 Ramirez Roxana 913 E 30th St National City CA 91950 NATIONAL CITY FIRE DEPT: 1243 National City Boulevard NATIONAL CITY, CA 91950-4596 V� Q '\L. W ;I` 11 , , iwner: Ramirez Roxana 1.j `- ,ddress: 913 E 30th St Date: 5/8/2012 // National City, CA 91950 i i i i i } i i 01 7011 0470 0001 9038 7653 RETURN RECEIPT REQUESTED Parcel Number: 563.122 ._ ocation of Public Nuisance: 911-913 E 30th St National City 91 -*ructions for Abatement:, Please remove dead Christzasbtjey ffl _ i1=_ .- 'ICE IINITFOSTATES FOSIAL SEEVICF 1000 91950 n U.S. POSTAGE PAID EL CAJON.CA 92020 MAY AMOUNT12 $5,75 000,0192-2s CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 Owner: Ramirez Roxana Address: 913 E 30th St National City, CA 91950 Parcel #563 122 11 00 Authorized Signature; WORK ORDER AUTHORIZATION Authorization # 3370 Job location:911-913 E 30th St National City 91950 02, Date: WHEN SIGNED THIS DOCUMENT ALLOT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please remove dead Christmas tree from property and dispose of it properly. /3T 56.3 • 121,122 Sax 0.E00 :OUM. 22SESSO.S Ma• 200• 122 •20E 22 L • 28 Gt- L cr- 7-1 `jG 2el4,45 Ca:Cr, OSEC 134 r. 75-7-8 •02 20 .0 20- a .._ Z9,5 ,c, © z%iV vAo . 1m z47-4. z J° .. S / 3OX i STREET LS-l'' c;Z uc, ' 2815 4,J©Z41t, ; ELK. 41 / o3o 28ZSo ®U3v s ° Z:j3F+ : 2ve3 0 P.isq4281rii IRVING [i22) COURT ` Z903 cb. Q. q` 4 Z1/5 ©mzjr0_ zg29L ' 2© Zgii/ i Z13Sm �,3�1-y _. %// 'q/5 I 1 STREET z W MAP 1522 — IRVING PLACE MAP 166 — RHO DE LA NACION — POR OSEC 134 NEaD CUT /ZZ WM 47 exnism CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 25 ITEM TITLE: Resolution of the City Council of the City of National City 1) awarding a contract in the not to exceed amount of $3,709,079.35 for base bid to PAL General Engineering, Inc. for the 8th Street Smart Growth Revitalization Project, Specification Number 12-13; 2) authorizing a 15% contingency in the amount of $556,362 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (CIP Project funded Smart Growth Grant, SR2S Grant, Gas Tax and Proposition "A") PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: W Finance ACCOUNT NO. APPROVED: MIS Funds are available: Smart Growth Grant 321-409-500-598-3918 for $1,300,000; State SR2S Grant 323-409-500-598-6176 for $450,000; Gas Tax (Street Resurfacing) 109-409-500-598-6035 (FY 13) for $250,000; Gas Tax (Street Resurfacing) 109-409-500-598-6035 (FY 14) for $500,000; Gas Tax (Traffic Monitoring/System Improvements) 109-409-500-598-6573 for $250,000; Prop A (Street Resurfacing) 307-409-500-598-6035 for $959,079.35 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Lowest Bidders Summary 4. Resolution EXPLANATION The 8th Street Smart Growth Revitalization Project, Specification No. 12-13, is for the revitalization of 8th Street between the MTS Trolley Station and Highland Avenue. Improvements will include milling and resurfacing of asphalt concrete pavement, removing and replacing areas of damaged asphalt pavement, replacing unsuitable subgrade, if found, placing 5" Asphalt Concrete over 15" Aggregate Base material, removing and replacing sidewalks, curb and gutter, cross -gutters, pedestrian ramps, installing PVC water quality drain lines and laterals, striping, replacing traffic loops, crosswalks striping, installation of street lights and pull boxes, conduits, meter pedestals, installing landscape and irrigation, and decorative lighting elements. In May 2013, the 8th Street Smart Growth Revitalization Project, Specification No. 12-13, was advertised inviting bids, in local newspapers and on the City's website. On June 6, 2013, seven (7) sealed bids were received, opened, and read to the public. PAL General Engineering, Inc. is the apparent lowest bidder with a total bid of $3,978,336.35, where $3,709,079.35 is for the base bid and $269,257.00 is for additive bid. Staff reviewed the bid proposal and completed a reference check. It was determined that the contractor is qualified to perform the work as outlined in the specification. Attached are the bid opening information sheet and the three lowest bidders' proposal summary sheet. Staff recommendation is to: 1) award a contract in the not to exceed amount of $3,709,079.35 for base bid to PAL General Engineering, Inc. for the 8th Street Smart Growth Revitalization Project, Specification Number 12-13; 2) authorize a 15% contingency in the amount of $556,362 for any unforeseen changes; and 3) authorize the Mayor to execute the contract. Staff does not recommend awarding the additive bid items at this time. The available funding sources are as follows: • Smart Growth Grant 321-409-500-598-3918 for $1,300,000 • State SR2S Grant 323-409-500-598-6176 for $450,000 • Gas Tax (Street Resurfacing) 109-409-500-598-6035 (FY 13) for $250,000 • Gas Tax (Street Resurfacing) 109-409-500-598-6035 (FY 14) for $500,000 • Gas Tax (Traffic Monitoring/System Improvements) 109-409-500-598-6573 for $250,000 • Prop A (Street Resurfacing) 307-409-500-598-6035 for $959,079.35 t BID OPENING SPECIFICATION NUMBER: 12-13 PROJECT TITLE: 8th Street Smart Growth Revitalization Project TIME: 2:30 P.M. DATE: Thursday, June 6, 2013 ESTIMATE: $4,367,112.00 NO. BIDDER'S NAME BID AMOUNT ADDENDA BID SECURITY 1. PAL General Engineering, Inc. 5373 Eastgate Mall San Diego, CA 92121 $3,978,336.35 1-7 Rec'd Bond 2. Portillo Concrete 3527 Citrus Street Lemon Grove, CA 91945 $4,199,429.50 1-7 Rec'd Bond 3. Marathon General Inc. 2317 Auto Park Way Escondido, CA 92029 $4,459,036.10 1-7 Rec'd Bond 4. Weir Construction Corp. 2255 Barham Dr Escondido, CA 92029 $4,679,000.00 1-7 Rec'd Bond 5. LB Civil 11585 Sorrento Valley Rd. #104 San Diego, CA 92121 $4,839,522.00 1-7 Rec'd Bond 6. Koch -Armstrong P.O. Box 1190 Lakeside, CA 92040 $5,071.175.15 1-7 Rec'd Bond 7. Western Rim Construction 912 S. Andreasen , Suite 108 Escondido, CA 92029 $5,233,988.64 1-7 Rec'd Bond 2 AL Genera ,ineering. In Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 La 9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Description Mobilization / Demobilization (5) Indicates Specialty Item Unit' Qty. Construction Surveying and Replacement of Survey Markers (S) SWPPP Implementation Unclassified Excavation Clearing and Grubbing Remove, Repair and/or Replace Street Pavers 4" PVC Storm Water Laterals, All Connections, and 4" Perf. Pipe with Filter Fabric 6" Mainline PVC Dram Line 6" Mainline PVC Drain Clean -outs Construct PCC Driveways Construct PCC Alleyway Construct PCC Sidewalk Construct APWA 111-4 Ramp Construct Ped Ramp Caltrans A88A, Case A Construct Caltrans A90B Ramp Construct Caltrans A88A, Case C Ramp Construct CaltransA88A, Case C modified Ramp Construct Caltrans A88A, Case G, F Ramps Grind Ramp and Install Domes Construct SDRSD G-6, Type B-3 Curb Construct SDRSD G-6, Type B-1 Curb Construct SDRSD G-6, Type B-2 Curb modified Construct SDRSD G-2 Curb and Gutter Construct Rolled Curb and Gutter Construct PCC Cross Gutter Install 5" Decomposed Granite Construct 8" PCC Bus Pad LS LS L5 LS LS SF EA LF EA SF SF SF EA EA EA EA EA EA EA LF LF 1 1 1 1 1 144 60 4,612 16 5,100 1,230 39,143 1 49 2 1 2 28 9 858 2,164 BASE RID $ 80,521.00 $ 31,004.00 6,255.00 $ 61,000.00 $ 91,366.00 $ $ $ $ 14.00 150.00 64.00 950.00 5.50 6.00 4.80 2,000.00 1,760.00 1,950.00 2,050.00 2,100.00 1,690.00 350.00 22.00 18.00 $ 80,521.00 $ 31,004.00 $ 6,255.00 $ 61,000.00 $ 91,366.00 2,016.00 9,000.00 $ 295,168.00 $ 15,200.00 $ 28,050.00 7,380.00 $ 187,886.40 2,000.00 $ 86,240.00 3,900.00 $ 2,050.00 5 4,200.00 $ 47,320.00 3,150.00 $ 18,876.00 $ 38,952.00 Portillo Concrete, Inc. Unit Price $ 100,000.00 $ 27,500.00 7,500.00 $ 270,000.00 $ 25,000.00 $ 20.00 790.00 35.25 450.00 10.00 12.00 5.00 2,100.00 1,800.00 2,100.00 2,100.00 2,000.00 1,800.00 500.00 Construct Stamped Concrete in Median Install Median Pavement Section, 2" Fill/4" C-2 Asphalt Construct A-4 Cleanout Install New Sign Adjust Manhole Frame and Cover to Grade Adjust Water Meter Frame and Cover to Grade Adjust Gas Meter and Cover to Grade Adjust TSPB Frame and Cover to Grade Adjust Gas Valve Cover to Grade Adjust Water Valve Cover to Grade Relocate Signs Signage, Striping and Pavement Markings (S) 10 Replace Traffic Loops IF LF LF 5F CY SF SF SF EA EA EA EA EA EA EA EA EA LS 825 2,987 29.00 22.00 $ 23,925.00 $ 65,714.00 2,794 2,532 7 6,980 1,860 2,500 1 4 9 29 10 22 5 14 59 1 $ $ $ $ 25.00 9.00 145.00 7.50 12.00 1.50 6,225.00 356.00 550.00 120.00 1,500.00 500.00 120.00 350.00 200.00 132,000.00 $ 69,850.00 $ 22,788.00 1,015.00 $ 52,350.00 $ 22,320.00 $ $ $ 3,750.00 6,225.00 1,424.00 4,950.00 3,480.00 15,000.00 11,000.00 600.00 4,900.00 11,800.00 132,000.00 20.00 20.00 25.00 25.00 25.00 20.00 150.00 9.00 10.00 6.00 7,000.00 350.00 250.00 100.00 100.00 100.00 100.00 100.00 245.00 105,700.00 Amount $ 100,000.00 $ 27,500.00 7,500.00 $ 270,000.00 $ 25,000.00 2,880.00 $ 47,400.00 $ 162,573.00 $ 7,200.00 $ 51,000.00 $ 14,760.00 $ 195,715.00 $ 2,100.00 $ 88,200.00 4,200.00 2,100.00 4,000.00 $ 50,400.00 4,500.00 $ 17,160.00 $ 43,280.00 $ 20,625.00 $ 74,675.00 $ 69,850.00 $ 50,640.00 $ 1,050.00 $ 62,820.00 $ 18,600.00 $ 15,000.00 7,000.00 1,400.00 2,250.00 2,900.00 1,000.00 2,200.00 500.00 1,400.00 14,455.00 105,700.00 Maratho., �,.arai, Inc. Unit Price $ 387,000.00 $ 30,000.00 $ 33,000.00 $ 90,000.00 $ 274,000.00 $ 18.00 910.00 49.00 926.00 6.25 7.40 4.15 1,900.00 1,750.00 $ 1,275.00 950.00 950.00 950.00 700.00 18.00 I Amount $ 387,000.00 $ 30,000.00 $ 33,000.00 $ 90,000.00 $ 274,000.00 $ 2,592.00 $ 54,600.00 $ 225,988.00 $ 14,816.00 $ 31,875.00 9,102.00 $ 162,443.45 1,900.00 $ 85,750.00 $ 2,550.00 950.00 1,900.00 $ 26,600.00 6,300.00 $ 15,444.00 14.50 19.00 $ 31,378.00 $ 15,675.00 19.00 20.50 7.75 53.00 7.10 9.30 4.25 5,900.00 330.00 320.00 160.00 160.00 320.00 215.00 120.00 220.00 $ 56,753.00 57,277.00 19,623.00 371.00 49,558.00 17,298.00 10,625.00 5,900.00 2,880.00 4,640.00 1,600.00 7,040.00 1,075.00 1,680.00 12,980.00 EA 52 690.00 $ 35,880.00 230.00 11,960.00 132,000.00 220.00 132,000.00 11,440.00 enera Unit Price rgineenng. Inc. Amount Portlllo Concrete, Inc. Marathon General, Inc. Item No. Description (5) Indicates Specialty Item Unit Qty. Unit Price Amount Unit Price Amount 41 Phased Traffic Control LS ` 1 $ 120,688.00 $ 120,688.00 $ 30,000.00 $ 30,000.00 $ 145,000.00 $ 145,000.00 42 Install Smart Crosswalk Solar Powered LED System (S) EA 1 $ 17,250.00 $ 17,250.00 $ 14,300.00 $ 14,300.00 $ 14,000.00 $ 14,000.00 43 Install Type 141 Pole for Solar Crosswalk System (S) EA 2 $ 4,600.00 $ 9,200.00 $ 2,700.00 $ 5,400.00 $ 2,600.00 $ 5,200.00 44 Install Illuminated Regulatory Ped Sign (S) EA 2 $ 1,150.00 $ 2,300.00 $ 2,875.00 $ 5,750.00 $ 2,800.00 $ 5,600.00 45 Relocate Solar Crosswalk Pole and System (S) EA 1 $ 3,450.00 $ 3,450.00 $ 3,100.00 $ 3,100.00 $ 3,000.00 $ 3,000.00 46 Traffic Signal Modification at D Avenue (S) LS 1 $ 163,300.00 $ 163,300.00 $ 176,000.00 $ 176,000.00 $ 170,000.00 $ 170,000.00 47 Traffic Signal Modification at National City Boulevard (S) LS 1 $ 2,300.00 $ 2,300.00 $ 57,000.00 $ 57,000.00 $ 55,000.00 $ 55,000.00 48 Remove and Relocate TSPB and Signal Crossing EA 1 $ 2,300.00 $ 2,300.00 $ 500.00 $ 500.00 $ 490.00 $ 490.00 49 2" Cold Milling SF 127,680 $ 0.25 $ 31,920.00 $ 0.25 $ 31,920.00 $ 0.30 $ 38,304.00 50 2" AC Finish Course (Cap) Overlay TON 2,845 $ 88.00 $ 250,360.00 $ 93.50 $ 266,007.50 $ 81.80 $ 232,721.00 51 Construct 3" Asphalt Base Course of the 5" Pavement Section TON 1,947 $ 82.00 $ 159,654.00 $ 97.00 $ 188,859.00 $ 99.50 $ 193,726.50 52 Construct 15" Class II Aggregate Base Course TON 8,393 $ 26.00 $ 2113,218.00 $ 23.00 $ 193,039.00 $ 20.00 $ 167,860.00 53 Procure and Install F-5 bench per manufacturer's recommendations EA 7 $ 1,850.00 $ 12,950.00 $ 1,750.00 $ 12,250.00 $ 1,500.00 $ 10,500.00 54 Procure & Install F-6 Trash Receptacle per manufacturer's specifications EA 10 $ 1,620.00 $ 16,200.00 $ 1,500.00 $ 15,000.00 $ 1,200.00 $ 12,000.00 55 Procure & Install F-7 Bike Rack per manufacturer's specifications EA 7 $ 1,200.00 $ 8,400.00 $ 775.00 $ 5,425.00 $ 450.00 $ 3,150.00 56 Remove Bollards and dispose properly EA 5 $ 200.00 $ 1,000.00 $ 250.00 $ 1,250.00 $ 110.00 $ 550.00 p 7 Remove existing Globe Light Removal and dispose properly. EA 32 $ 2,300.00 $ 73,600.00 $ 423.00 $ 13,536.00 $ 410.00 $ 13,120.00 58 Install LT-1 Vehicle & Pedestrian Combo Light per manufacturer's recommendations. Pole to be procured by City. (5) EA 13 $ 863.00 $ 11,219.00 $ 1,570.00 $ 20,410.00 $ 1,500.00 $ 19,500.00 59 Install LT-1 Double Vehicle Light per manufacturer's recommendations. Pole to be procured by City. (S) EA 5 $ 863.00 $ 4,315.00 $ 1,570.00 $ 7,850.00 $ 1,500.00 $ 7,500.00 60 Install LT-3 Single Acorn Light per manufacturer's specifications. Pole to be procured by City. (S) EA 38 $ 863.00 $ 32,794.00 $ 1,570.00 $ 59,660.00 $ 1,500.00 $ 57,000.00 61 Install LT-3 Double Acorn Light per manufacturer's specifications. Pole to be procured by City. (5) EA 17 $ 863.00 $ 14,671.00 $ 1,570.00 $ 26,690.00 $ 1,500.00 $ 25,500.00 62 Install Cafe Light String per manufacturer's recommendations (50' lengths) between National City Blvd and D Ave. Light strings to be procured by City. (S) EA 33 $ 287.00 $ 9,471.00 $ 287.00 $ 9,471.00 $ 275.00 $ 9,075.00 63 City Procured Cafe Lighting Brackets for Palm with LED uplights. (S) EA 28 $ 230.00 $ 6,440.00 $ 157.00 $ 4,396.00 $ 150.00 $ 4,200.00 64 City Procured LED Light attached to Poles at Underpass. (5) EA 8 $ 115.00 $ 920.00 $ 310.00 $ 2,480.00 $ 300.00 $ 2,400.00 65 Install LT-1 Pedestrian w/LED Projection Light per Manufacturer's recommendations. LED Projection and Pole to be procured by City. (S) EA 4 $ 863.00 $ 3,452.00 $ 1,800.00 $ 7,200.00 $ 1,750.00 $ 7,000.00 66 Install F-2 Decorative Pole per manufacturer's specifications. Pole to be procured by City. EA 8 $ 863.00 $ 6,904.00 $ 1,500.00 $ 12,000.00 $ 1,440.00 $ 11,520.00 67 Procure Decorative Paving P-2 & Install Decorative Paving P-2 per manufacturer's;pecifications SF 2,525 $ 12.00 30,300.00 $ 44.00 $ 111,100.00 $ 9.5040 23,987.50 AL Genera. Item No. Description (S) Indicates Specialty Item Unit Qty. Unit Price 4ineering. Inc. Amount Portlllo Concrete, Inc. Marathon eral, Inc. Unit Price Amount Unit Price Amount 68 Procure Decorative Paving P-1 & Install Decorative Paving P-1 per manufacturer's specifications SF 1,097 $ 11.35 $ 12,450.95 $ 30.00 $ 32,910.00 $ 12.45 $ 13,657.65 69 70 Procure P-4 Decomposed Granite and Install P-4 Decomposed Granite where tree grates are removed (West of National City Blvd.) Install per manufacturer's specifications Remove and Dispose of Tree Guard CY 22 $ 350.00 $ 7,700 00 $ 55.00 $ 1,210.00 $ 42.50 $ 935.00 Remove and install tree EA 17 $ 150.00 $ 2,550.00 $ 165.00 $ 2,805.00 $ 317.00 $ 5,389.00 71 grates from west of National City Blvd. Install east of National City Blvd. per manufacturer's recommendations. Procure 59 EA 34 $ 1,420.00 $ 48,280.00 $ 495.00 $ 16,830.00 $ 317.00 $ 10,778.00 72 73 new tree grates. Install all Tree Grates per manufacturer's specifications. Install 5" hour EA 59 $ 1,420.00 $ 83,780.00 $ 1,450.00 $ 85,550.00 $ 317.00 $ 18,703.00 per soil mixture per specification SF 18,500 $ 1.26 $ 23,310.00 $ 1.75 $ 32,375.00 $ 5.29 $ 97,865.00 74 75 Procure and Install Tri Con 36" box tree per specifications Procure and SygInstallRom EA 99 $ 747.00 $ 73,953.00 $ 825.00 $ 81,675.00 $ 130.00 $ 12,870.0045 76 20 BTH per specifications Procure and Install Pho EA 65 $ 1,380.00 $ 89,700.00 $ 842.00 $ 54,730.00 $ 130.00 $ 8,450.00 77 Dac 16' BTH per specifications Procure and Install EA 2 $ 5,750.00 $ 11,500.00 $ 7,700.00 $ 15,400.00 $ 130:00 $ 260.00 78 Nas Ten per specifications Procure and Install EA 519 $ 8.00 $ 4,152.00 $ 33.00 $ 17,127.00 $ 130.00 $ 67,470.00 79 Sal Leu per specifications Procure and Install Jun EA 57 $ 28.00 $ 1,596.00 $ 39.00 $ 2,223.00 $ 130.00 $ 7,410.00 80 Pat per specifications Procure Install EA 691 $ 8.00 $ 5,528.00 $ 10.00 $ 6,910.00 $ 37.00 $ 25,567.00 CA and Ley Are per specifications EA 536 $ 9.00 $ 4,824.00 $ 33.00 $ 17,688.00 $ 37.00 $ 19,832.00 81 Procure and Install Fes Rub per specifications as required. Remove EA 500 $ 7.00 $ 3,500.00 $ 10.00 $ 5,000.00 $ 37.00 $ 18,500.00 82 83 existing tree and install with Tri Con 36" box tree per specifications where noted. Irrigation System Complete EA 7 $ 1,725.00 $ 12,075.00 $ 1,650.00 $ 11, 550.00 $ 340.00 $ 2,380.00 LS 1 $ 74,750.00 $ 74,750.00 $ 72,600.00 5 72,600.00 $ 340,000.00 $ 340,000.00 84 Install Irrigation Controller Pedestal Assembly (40 station) with Rain Sensor Enclosure Assembly Provide EA 2 $ 15,525.00 $ 31,050.00 $ 12,425.00 $ 24,850.00 $ 1,600.00 $ 3,200.00 85 Landscape and Maintenance Remote Controller for Irrigation Controller. Install EA 1 $ 2,932.00 $ 2,932.00 $ 1,050.00 $ 1,050.00 $ 21,000.00 $ 21,000.00 86 87 1-1/2" Irrigation eackflow Preventer on Concrete Pad, with Stainless Steel Enclosure & Lock Test and Certify Backfiow EA 2 $ 5,175.00 $ 10,350.00 $ 2,300.00 $ 4,600.00 $ 210.00 $ 420.00 Preventer Assembly (S) Procure install EA 2 $ 575.00 $ 1,150.00 $ 275.00 $ 550.00 $ 210.00 $ 420.00 88 and Irrigation Stainless Steel B.P. Cover per specification EA 2 $ 2,875.00 $ 5,750.00 $ 110.00 $ 220.00 $ 1,600.00 $ 3,200.00 89 90 Install Procure and install 1" Irrigation Water Meter including all fees (S) Meter EA 2 $ 4,500.00 $ 9,000.00 $ 14,000.00 $ 28,000.00 $ 105.00 $ 210.00 91 Install Pedestal including Panels (5) Lighting Pull Box EA 5 $ 9,315.00 $ 46,575.00 $ 5,950.00 $ 29,750.00 $ 5,700.00 $ 28,500.00 92 Install 1" PVC EA 190 $ 115.00 $ 21,850.00 $ 250.00 $ 47,500.00 $ 240.00 $ $ $ $ 45,600.00 10,500.00 167,050.00 97,650.00 93 Install Conduit, 5ch 80 2" PVC LF 5,000 $ 14.00 $ 70,000.00 $ 2.20 $ 11,000.00 $ 2.10 94 Install Conduit, Sch 80 #2 XHHW Wire LF 13,000 $ 15.00 $ 195,000.00 $ 13.45 $ 174,850.00 $ 12.85 (S) LF 31,000 $ 2.30 $ 71,300.00 $ 3.30 $ 102,300.00 $ 3.15 95 Install 96 Install #4 Bare Stranded Copper Ground Wire (S) #6 XHHW Wire (S) LF 12,000 $ 1.70 $ 20,400.00 $ 1.10 $ 13,200.00 $ 1.05 $ 12,600.00 LF 1,200 $ 1.20 $ 1,41E00 $ 2.20 $ 2,640.00 $ 2.10 $ 2,520.00 .'��e • • Portillo Concrete Inc Marathon General, Inc Item No. Description (S) Indicates Specialty Item Unit Qty. Unit Price Amount Unit Price Amount Unit Price Amount 97 Install #4 XHHW Wire (S) LF 6,000 $ 1.40 $ 8,400.00 $ 2.20 $ 13,200.00 $ 2.10 $ 12,600.00 98 Duplex Recepticle GFI Type w/ weatherproof cover EA 36 $ 7.00 $ 252.00 $ 123.00 $ 4,428.00 $ 120.00 $ 4,320.00 99 Grounding (S) LS 1 $ 29,900.00 $ 29,900.00 $ 7,777.00 $ 7,777.00 $ 7,500.00 $ 7,500.00 �•Yu,,....m..,._<.,•... »�, -. .. . �, .,.._.-w... ,. '`� ='Pix''1*;�a $ 3,709,07935 �t iF ..tl.lva N A-1 Deep Lift 8" AC Pavement Removal and Replacement TON 1,000 100.00 $ 100,000.00 $ 140.00 $ 140,000.00 $ 118.50 $ 118,500.00 A-2 Procure and install Bicycle Posts East of D Street EA 5 $ 1,200.00 $ 6,000.00 $ 775.00 $ 3,875.00 $ 530.00 $ 2,650.00 A-3 fnstall City Provided Ped-Vehicle combo Light (MTS_NC) EA 4 $ 863.00 $ 3,452.00 $ 1,500.00 $ 6,000.00 $ 1,450.00 $ 5,800.00 A-4 Install City Provided Single Acorn Light D to Highland EA 10 $ 460.00 '$ 4,600.00 $ 1,500.00 $ 15,000.00 $ 1,450.00 $ 14,500.00 A-5 Install City Provided Cafe Lighting for Single Acorn Lights EA 18 $ 575.00 $ 10,350.00 $ 285.00 $ 5,130.00 $ 275.00 $ 4,950.00 A-6 Install City Procured Cafe Lighting Bradkets for Palms with Contractor Procured LED uplights EA 29 $ 575.00 $ 16,675.00 $ 592.00 $ 17,168.00 $ 570.00 $ 16,530.00 A-7 Procure Decorative Paving P-1 & Install Decorative Paving P-1 per manufacturer's specifications SF 2,871 $ 10.00 $ 28,710.00 $ 30.00 $ 86,130.00 $ 13.00 $ 37,323.00 A-8 Procure Decorative Paving P-2 & Install Decorative Paving P-2 per manufacturer's specifications SF 1,247 $ 10.00 $ 12,470.00 $ 44.00 $ 54,868.00 ' $ 10.00 $ 12,470.00 A-9 Procure and install 36" Box Trees Southside East of NC Blvd. EA 4 $ 1,725.00 $ 6,900.00 $ 825.00 $ 3,300.00 $ 105.00 $ 420.00 r-10 Procure and install Palm Trees (Syg Rom) between D and Highland EA 19 $ 1,500.00 $ 28,500.00 $ 842.00 $ 15,998.00 $ 340.00 $ 6,460.00 A-11 Install City Provided Light- Ped Height Only at Underpass EA 4 $ 575.00 $ 2,300.00 $ 310.00 $ 1,240.00 $ 300.00 $ 1,200.00 A-12 Provide and install LED Lights for LT-1 Pedestrian Pole (Southside) EA 8 $ 3,680.00 $ 29,440.00 $ 3,875.00 $ 31,000.00 $ 3,750.00 $ 30,000.00 A-13 Procure and install Shrub (Sal Leu) between D Ave and Highland EA 36 $ 35.00 $ 1,260.00 $ 38.50 $ 1,386.00 $ 31.75 $ 1,143.00 A-14 Procure and Install F-1, 6' Ornamental Iron Fence (on each side of 8th east of I-5 overpass per manufacturer's specifications IF 124 $ 150.00 $ 18,600.00 $ 180.00 $ 22,320.00 $ 31.50 $ 3,906.00 Y-�eb- �'-�. ^�-,^- �-` $ 269,257.00 $ 403,415.00 $ 255,852.00 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT TO EXCEED AMOUNT OF $3,709,079.35 TO PAL GENERAL ENGINEERING, INC., FOR THE 8TH STREET SMART GROWTH REVITALIZATION PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT, AND AUTHORIZING 15% CONTINGENCY IN THE AMOUNT OF $556,362 FOR ANY UNFORESEEN CHANGES WHEREAS, the Engineering Division of the Development Services Department, in open session on June 6, 2013, did publicly open, examine, and declare seven sealed bids for the 8th Street Smart Growth Revitalization Project (the "Project"); and WHEREAS, PAL General Engineering, Inc., was the lowest responsive bidder with a total bid amount of $3,978,336.35, where $3,709,079.35 is the base bid and $269,257.00 is the additive bid; and WHEREAS, staff does not recommend awarding the additive bid items at this time; and WHEREAS, a 15% contingency amount up to $556,362 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the 8th Street Smart Growth Revitalization Project to the lowest responsive, responsible bidder, to wit: PAL GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,709,079.35 with PAL General Engineering, Inc., for the 8th Street Smart Growth Revitalization Project. Said Contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $556,362 for unforeseen changes to the Project. PASSED and ADOPTED this 18th day of June, 2013. 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: June 18, 2013 AGENDA ITEM NO. 26 ITEM TITLE: Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for Fiscal Year 2014 of $50,310,858. ie PREPARED BY: Mark Roberts DEPARTMENT: lFiinna PHONE: 619-336-4265 APPROVED BY: -Gl EXPLANATION: State law requires the governing body of each local jurisdiction to establish its appropriation limit, also known as the Gann Limit, by resolution each year. The Gann Limit sets a cap on the amount of local government spending that may be financed from proceeds of taxes. The annual Gann limit is based on the previous year's appropriation limit multiplied by the percentage change in the population of the local jurisdiction's county and the percentage change in California per capita income. Based on information provided by the State Department of Finance, the following percentage changes are used in setting the Fiscal Year 2014 appropriation limit: California Per Capita Personal Income 5.12% Change in San Diego County Population .80% FINANCIAL STATEMENT: ACCOUNT NO. Appropriation of $50,310,858 APPROVED: 7�?u C,i, Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve and adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution Resolution No. Attachment 1 City of National City Gann Appropriations Limit Fiscal Year 2013-2014 FY 2012-2013 Gann Appropriations Limit $ 47,480,561 California Per Capita Cost of Living Change *** 5.12% Limit Sub -Total $ 49,911,566 San Diego County Population Change*** 0.80% FY 2013-2014 Gann Appropriations Limit $ 50,310,858 Gann Limit Recap Total City Appropriations 70,210,130 Less: Non -Tax Proceeds 31,655,030 Estimated Appropriations Subject to the Gann Limit 38,555,100 FY 2013-2014 Gann Appropriations Limit 50,310,858 Amount of Appropriations Below the Gann Limit 11,755,758 *** Source - State of California, Department of Finance htto://www.dof. ca.cov/budaetino/ 1 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT OF $50,310,858 FOR FISCAL YEAR 2013 - 2014 WHEREAS Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living. NOW, THEREFORE, BE IT RESOLVED that the population change factors to be used in calculating the appropriations limit for fiscal year 2013 - 2014 shall be as set forth in Attachment "1." BE IT FURTHER RESOLVED that the cost of living factors to be used in calculating the appropriations limit for fiscal year 2013 - 2014 shall be as set forth in Attachment BE IT FURTHER RESOLVED that the appropriation limit for fiscal year 2013 - 2014 shall be $50,310,858, as set forth in Attachment "1." PASSED and ADOPTED this 18th day of June, 2013/ ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor Resolution No. 2013 - Attachment 1 June 18, 2013 City of National City Gann Appropriations Limit Fiscal Year 2014 FY 13 Gann Appropriations Limit $ 47,480,561 California Per Capita Cost of Living Change *** 5.12% Limit Sub -Total $ 49,911,566 San Diego County Population Change*** 0.80% FY 14 Gann Appropriations Limit $ 50,310,858 Gann Limit Recap Total City Appropriations $ 70,190,199 Less: Non -Tax Proceeds $ 31,670,530 Estimated Appropriations Subject to the Gann Limit $ 38,519,669 FY 14 Gann Appropriations Limit $ 50,310,858 Amount of Appropriations Below the Gann Limit $ 11,791,189 *** Source - State of California, Department of Finance http://www.dof.ca.ciov/bucloetincli CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 27 ITEM TITLE: Resolution of the City Council of the City of National City adopting a budget for the 2014 fiscal year and a strategic plan for 2013-2018. PREPARED BY: Mark Roberts PHONE: 619-336-4265 EXPLANATION: See attached staff report. DEPARTMENT: Financ APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: ,t:441cr Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: See attached staff report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: . Resolution :. Staff Report 3. Fiscal Year 2014 Proposed Budget 4. 2013-2018 Proposed Strategic Plan City Council Staff Report June 12, 2013 ITEM Staff Report: Resolution of the City Council of the City of National City adopting a budget for the 2014 fiscal year and a strategic plan for 2013-2018. BACKGROUND After a series of internal staff meetings, Neighborhood Council meetings, and City Council workshops, staff presents for adoption the Fiscal Year 2014 Proposed Budget and the 2013-2018 Strategic Plan for the City of National City. FISCAL YEAR BUDGET The City of National City is required to adopt a budget for the upcoming fiscal year on or before June 30 of the preceding fiscal year. Preparation of the City of National City's budget is a multiple step process, occurring over several months. Budget preparation for Fiscal Year 2014 began in late January, 2013 with a call to City depat linents to review their current year budgets, analyze forecasts for the 2014 fiscal year, and submit budget requests. Finance staff then met with representatives from each department, again reviewing current year budgets, forecasts, and requests for the 2014 fiscal year. Direction and input from the City Council was sought through a series of workshops that occurred on April 9, April 30, and May 14, 2013. The April 9 workshop provided the Council with a fiscal overview highlighting global, Federal, state, and local economic issues that are impacting National City directly and indirectly. The workshop also provided the City Council with a bird's eye view of the Fiscal Year 2014 Preliminary Budget. On April 30, staff presented the Fiscal Year 2014 Preliminary Budget in its entirety and sought Council input and direction. And in the third workshop held on May 14, staff brought forwarded additional revisions and requests for direction. Having received and incorporated City Council direction from all three workshops noted above, staff herein presents the Fiscal Year 2014 City of National City Proposed Budget for adoption. The proposed budget recommends General Fund revenues and transfers in totaling $42,348,389 and expenditures and transfers out totaling $43,832,159. The proposed budget recommends total revenues and transfers in totaling $78,932,878 and expenditures and transfers out totaling $83,653,992. The resulting changes in the fund balances of the General Fund and all combined City funds are decreases of $1,483,770 and $4,721,114, respectively. While the fund balance of the General Fund is projected to decrease over the fiscal year, the ending fund balance is anticipated to increase over previous ending fund balance projections, due to the consolidation of other funds into the General Fund in accordance with the recommendation of the City's auditor. Page 2 Staff Report: Resolution of the City Council of the City of National City adopting a budget for the 2014 fiscal year and a strategic plan for 2013-2018. June 12, 2013 FINANCIAL STATEMENT The City of National City has a practice of developing and adopting a five year strategic plan as a framework for identifying and implementing operational objectives. The strategic plan for the period 2013-2018 was drafted through the collaborative efforts of the City's Executive and Management staff. The draft plan document was presented to the Council during the same three workshops referenced above: April 9, April 30, and May 14, 2013. At each of the three workshops, the Council provided input and direction to staff related to specific elements of the plan. Some of the direction provided by the Council was incorporated into the strategic plan document itself. Other elements were noted and will be incorporated into the work plans that are currently under development. The work plans become the action documents for carrying out the elements of the strategic plan. Revisions of the plan were brought back for consideration on April 30 and May 14. Included for adoption with the Fiscal Year 2014 Proposed Budget is the revised 2013-2018 Proposed Strategic Plan. RECOMMENDATIONS Accept staffs recommendations, adopting a resolution: • adopt the City of National City Fiscal Year 2014 Proposed Budget; • adopt the City of National City 2013-2018 Proposed Strategic Plan. 2013-2018 Proposed Strategic Plan 5 Objectives Provide Quality Services Achieve Fiscal Sustainability Improve Quality of Life Enhance Housing and Community Assets Promote a Healthy Community 2013 Proposed Objective #1- Provide Quality Services a) Practice the five core values (Commitment, Customer Service, Courtesy, Communication, and Collaboration) with our diverse customer base. b) Align workforce with City's objectives and provide training and support necessary to fully develop employees. c) Expand public access to City services and information, including Legislative platform consistent with City Council policy. d) Pursue public safety goals and objectives and enhance disaster preparedness (Police, Fire, Emergency Medical Services, Homeland Security). e) Analyze internal processes for efficiency and implement technology solutions where feasible. 2013 Proposed Objective #2- Achieve Fiscal Sustainability a) Prepare effective budget, accurately forecast funding sources, manage investments wisely, provide consistent financial reports, maintain clean audits, resolve findings/deficiencies in a timely manner, and update finance and budget policies. b) Prepare a 3 year operating plan that prioritizes service and staffing levels in preparation for sunset of district tax. c) Establish economic development programs to retain existing businesses and stimulate new investments. d) Fund replacement reserves, or create financing plans, for fleet, facilities and other City assets. e) Build cooperative partnerships with community organizations, schools, and other public agencies in the efficient and cost effective delivery of services. 2013 Proposed Objective #3- Improve Quality of Life a) Implement Neighborhood Action Plans and continue amortization efforts by working with residents to prioritize projects. b) Pursue green initiatives and build a sustainable city. c) Help organize community events and support social gatherings that benefit the total community. d) Update sign ordinance to improve community character and draw attention to important gateways, corridors and intersections. e) Support Pier 32 (GB Capital Holdings) expansion plans and work with San Diego Unified Port District and its tenants to fund public process and public improvements. 2013 Proposed Objective #4- Enhance Housing and Community Assets a) Continue providing housing opportunities at all income levels and develop programs to improve existing conditions. b) Relocate the public works yard to utilize the existing site for a neighborhood park and affordable family housing (Westside Infill Transit Oriented Development: WI-TOD or Paradise Creek Project). c) Maintain and improve City's infrastructure and find alternative funding to construct public facilities, park improvements, and other capital needs. d) Preserve and promote historic resources and cultural assets. e) Administer real property assets to achieve the City's long term goals. 2013 Proposed Objective #5- Promote a Healthy Community a) Expand opportunities for walking and biking through the development of Community Corridors and Safe Routes to Schools consistent with the National City General Plan and Bicycle Master Plan. b) Continue to provide affordable City programs, activities and services that are accessible for all users, including individuals with disabilities (Americans with Disabilities Act). c) Enhance neighborhood services programs such as graffiti abatement, parking enforcement, and code enforcement. d) Create an Environmental Compliance division that serves as a single point of contact for environmental issues and inform the public about new programs and policies. e) Advance National City wellness programs for youth, families, seniors and City employees that encourage a healthy lifestyle. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR FISCAL YEAR 2014 AND ADOPTING THE 2013-2018 STRATEGIC PLAN WHEREAS, the City Manager on May 14, 2013, submitted to the City Council a Recommended Budget for the 2014 fiscal year and Recommended Strategic Plan for 2013- 2018, and said budget and strategic plan have each been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2013, with City expenditures totaling $81,324,190 is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the "Total Expenditures" column of Attachment "1" shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions between budget line items within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the "Transfers" column in Attachment "2." BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the Fiscal Year 2014 budget. BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the objectives as set forth in the 2013-2018 Strategic Plan. PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Resolution No. 2013 - June 18, 2013 CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT - ALL FUNDS FISCAL YEAR 2014 Attachment 1 Fund Fund Name Allot. Costs Personnel Maintenance & Capital & Total Services Operations' Capital Outlay Improvement Internal Chrgs° ' Expenditures 001 GENERAL FUND Dept Department Name 401 City Council 305,662, 27,659; 0' 0' 108,079 441,400 402 City Clerk 213,911 45,700' 0 0I 45,438i 305,049' 403 City Manager 1,029,521': 19,3201 0'. 0 103,533. 1,152,374 405 City Attorney 549,019 142,050 0. 0' 54,422, 745,491 409 Non -Departmental 0 742,809 0, 2,531,400, 0 3,274,209 410 City Treasurer 24,384i 2,110 0' 0': 14,507 41,001 411 Police 16,086,540 1,784,845' 255,000 0' 2,565,540, 20,691,925 412 Fire / Building 6,497,533` 679,038; 0: 0 880,843: 8,057,414' 416 Engineering / Public Works 854,703 606,899 0 0' 843,065' 2,304,667' 417-045' Finance (045) 1,140,995' 270,847! 50,000 0`; 213,340' 1,675,182. 417-0833 Human Resources (083) 341,768i 58,870; 0 0 121,238' 521,876 418 Community Development 1,451,725 374,881' 0 0', 795,466 2,622,0721 419 Housing, Grants, & Asset Mgmt 82,715i 38,000! 0. 0 8,591 129,306 001 GENERAL FUND TOTAL 28,578,476 4,793,028 305,000' 2,531,400 5,754,062 41,961,966 104 Library Fund 860,304. 86,837 0 0. 693,904. 1,641,045' 105 Parks Maintenance Fund 892,299 103,100 3,000 0 201,246, 1,199,645 108 Library Capital Outlay Fund 0 72,500 10,000 335,000 10,931', 428,431 109 Gas Taxes Fund 613,205' 730,411. 0' 1,200,000 368,763. 2,912,379 115 Park & Recreation Capital Outlay Fund 0 1,234' 0 0, 0' 1,234' 120 Plan Checking Revolving Fund 0 250,000 0 0 13,371 263,371 125 Sewer Service Fund 459,738, 5,506,128 0 400,000 559,402 6,925,268: 130 EMT-D Revolving Fund 246,660 102,794'. 0 0 0: 351,454. 166 Nutrition Fund 452,313 333,850. 0. 0 0 786,1E 172 Trash Rate Stabilization Fund 77,113' 32,854 0 0 13,290 123,2! 201 NCJPFA Debt Service Fund 0; 492,550_ 0 0 0.1 492,550, 212 Personnel Compensation Fund 125,0001 0; 0 0 0, 125,000 246 WINGS Grant Fund 1,059,047. 85,5001 0 0°P 0' 1,144,547' 253 Recreational Activities Fund 0' 0i 01 0: 2,329, 2,329; 259 Library Bonds Debt Service Fund 0 372,700 0, 0 0 372,700, ,277 National City Public Library Donations Fund 0, 19,815, 0 0; 0; 19,815 290 Police Department Grants Fund 266,799 0 0` 0 0 266,799 301 CDBG Fund 1 308,557 664,071 0 175,000 17,183 1,164,811 307 Proposition A Fund 0 5,701 0 488,600 320 Library Grants 0, 5,500: 0' 0' 325 Development Impact Fees Fund 0, 0' 0' 250,000 4,959: 254,959 502 Section 8 Fund 872,645 9,633,800, 0 0' 240,022 10,746,467 505 HOME Fund 42,926 63,029, 0. 0 8,591; 114,546 532 Low & Mod Income Housing Asset Fund 230,021 0 0 0 42,957 ' 272,978 626 Facilities Maintenance Fund 693,707 1,747,182' 0 0 210,260; 2,651,149 627 Liability Insurance Fund 46,717 2,654,787' 01 0' 82,549 2,784,053 629 Information Systems Maintenance Fund 339,485; 1,183,000 349,000, 285,0004 107,307 2,263,792 643 Motor Vehicle Service Fund 331,2831 837,350 0 0; 345,048, 1,513,681 ,644 Equipment Replacement Reserve Fund 01 0; OI 40,000 01 40,000 OTHER FUNDS TOTAL 7,919,819 24,984,693 362,000 3,173,600; 2,922,112' 39,362,224 0; 494,301, 0 5,500' Total All Funds Percent Total (not including Alloc. Costs & Internal Charges) 36,498,295, 29,777,721, 667,0001 5,705,000 8,676174, 81 324,190 50.24% 40.99% 0.92% 7.85% 1. inlcudes Refunds, Contributions, & Special Payments 2. Indirect/Overhead Costs + Internal Service Charges 3 Organizationally/operationally, Finance & Human Resources are separate departments; however, due to organizational hierarcy limitations of the Citys enterprise resource planning (accounting) system resulting from its initial setup, they are reflected under the same department (417) on the City's general ledger. City of National City Fiscal Year 2014 Budget Resolution No. 2013 - June 18, 2013 Attachment 2 CITY OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2014 From To , Purpose Transfers 001 001 001 001 General Fund General Fund General Fund General Fund ,104 , Library Fund 105 ! Parks Maintenance Fund 166 Nutrition Center Fund 212 Personnel Comp Fund '630 Office Equipment Depreciation 001 General Fund Operating Subsidy Operating Subsidy Operating Subsidy Retiree Health Benefits Funding for Capital Projects (944,414); (395,116); (405,663) (125,000) 459,609 Total (Net) General Fund Impact $ (1,410,584) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 28 ITEM TITLE: Temporary Use Permit — Halloween Retail Tent hosted by Halloween Tyme LLC at Westfield Plaza Bonita Mall from August 25, 2013 thru November 8, 2013 with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neig •orho jj.ervices Division APPROVED BY: This is a request from Halloween Tyme LLC dba "Halloween Express" to open a temporary outdoor Halloween retail tent store at Plaza Bonita Mall from August 25 thru November 8, 2013. Daily hours will be from 9 a.m. to 10 p.m. This 50 x 150sf tent will be set-up on the westside parking lot of the mall adjacent to Ring Road with lot number location known as Lot #1. This outdoor tent will provide the community with a wide product selection of seasonal items such as Halloween costumes, decorations, and accessories. At the end of the season, starting November 1st, Halloween Express will have a three day 50 percent liquidation sale. Westfield Plaza Bonita's security and the applicant's staff will serve as security during the business operation hours. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP, and $400 for Fire Department. Total fees are $637.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS 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: \pplication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert _ Fair _ Festival _ Community vent \\ A _ Parade _ Demonstration _ Circus /� _ Block Party 00M-1 Motion Picture _ Grand Opening _ Other . T+ /L_ £/E r Event Title: /4i Jc ✓ , %,4�z ,% /DV Event Location: /99.,� 4/ . io (�Jg/ 44s/,4, ,(104 :o��;r1 �,�N Event Date(s): From r .24 too' �D/,3 Actual Event Hours:m �� to /O '� am m Total Anticipated Attendance: ( Participants . Spectators) Setup/assembly/construction Date*.PS-- 27 Start time: d- • j Please describe the scope of your setup/assembly work (specific details): /ii,004feeil ipsss 44,10Z crt�r 45 i tiro „ f/%,ifr. rede40s5: .4'/41 �-�c7 L4/i4 ,,de"i„,44;4..rev'/9i-i?.l5. Dismantle Date: A / 4,..waCompletion Time: fp. ' arm,tID S 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: Chief Officer of Organization (Name) Applicant (Name): !74/AGr�/ roe /l�C,✓rz^5s Address: 7,72/1/�i` t* / ry.r� /1Gc'/ -' , 64, ',Add? d? Daytime Phone: /d0,,Q�-Ail, Evening Phone: ( ) Fax: C LSO-G E-Mail: /�!!/� � ®cie4X- . earry Contact Person "on site" day of the event: 0l4u./, ellular:.0y ,A1,- /79. NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Nipt--5-e)z-fA g s your organization a "Tax Exempt, nonprofit" organization? _ YES Are admission, entry, vendor or participant fees required? _ YES If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. / / YES NO 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 NO •oes the event involve the sale or use of alcoholic beverages? YE) NO Will items or services be sold at the event? if yes, please describe: YES oes 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. 7 YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. NO Do he event involve the use of tents or canopies? If YES: Number of anopies l Sizes X / ".? s %3� NOTE: A arate Fire Department permit is required for tents or canopies. _ YES NO Will the event involve the use of the CM 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): 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 Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: _ YES Have you hired any Professional Security organization to handle security arrangem - - for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of. the participants and spectators: /•s//, ��sss Mixs /},ae 9'0 ✓D- mod.,, A+e d 4)2/% / / Z1,6 /fs 4✓2 5 cZo re— / 711 Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. S/� Please desrie yo2Az.cceszjyl,tan for access at our a ent by in ivid als with disabilities: ,/4 -.✓ 40a0-fs Wi// lerfc s%s//s ,Ai 141d,O ‘6°'_5 s',4)�>s . Please prpvide a detail d,description of your PARKING I n: shin i,, / rds 1 / 4// Please describe your plan for DISABLED PARKIN : �-f6� '� P1t'1S ob i S'.11i/LO ,h4 rdtet/t Please describe your plans to notify all residents, bu,5ine,sses and churches impacted by the event: Op , M i/fir 41/i7/ 7C NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES 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: _ YES O ill sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO llil ill 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 --F NOf'reworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 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 thisispermit. Organization �%�at�l�w ,✓',gee-�� `"'�-4r"'L'-€-/ sis-s Person in Charge of Activity 79/41E-Af Address 7j�Z�i/e77i.C-5.79-4✓, iS, l's9, 7.-2ez9 Telephone 0leg-Jig? Date(s) of Use /;e- 2/syvf _2,0/3 .1:44- — LY- 3W- WI 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 per • - 41likpermittee or its agents, employees or contractors. Signature pplicant Official Title Da For Office Use Only Certificate of Insurance Approved Date Westfield Plaza Bonita May 2, 2013 City of National City Building and Safety Department 1243 National City Boulevard National City, California 91950-4301 Re; TUP — Halloween Tyme LLC dba — Halloween Express @ Westfield Plaza Bonita To Whom It May Concern: 3030 Plaza Bonita Road #2075 National City, CA 91950 T 619.267.2850 F 619.472.5652 I hereby authorize Matthew Fahr, acting as representative of Halloween Tyme LLC, to operate a business known as Halloween Express In parking lot two (2) at Westfield Plaza Bonita during the dates of August 25, 2013 through November 8, 2013. Matthew Fahr has permission to install temporary power to poles in parking lot two (2) to provide power during Halloween Express's occupancy if adequate power is not already in place. Matthew Fahr will obtain all necessary permits from the City of National City for occupancy at Westfield Plaza Bonita. Please feel free to give me a call if you have any questions @ 619.267.2850. Respectfully, Sherry Jones, CSM, CMD General Manager Westfield Plaza Bonita Cc: Retailers File 441,19WFFN P';!;13Fg Halloween Tyme LLC. dba Halloween Express 784 Avenida Codorniz San Marcos, CA 92069 T. 414-803-8989 F. 866-568-6655 Email. mmfahr@,gmail.com Date: May 2, 2013 To: City of National City From: Halloween Tyme LLC Subject: Halloween Express Plan of Operation Halloween Express is excited to have the opportunity to enter into a tentative lease agreement with Westfield to set up a 50ft.by 125ft. tent at their Plaza Bonita Mall, in the City of National City. This agreement is contingent on permitting. We are requesting that the City of National City, grant us a temporary use permit to allow the tent to be set-up from August 25th to November 8th, 2013. Halloween Express's initial set up is a two week process. It includes permitting and inspection, hiring and training, coordination with tent delivery & set up team, fixture building, product inventory set up and new inventory delivery. These steps are all subject to a domino effect that requires each part of the process to start and complete before the next steps can be taken. At the end of the season, starting November 1st, Halloween Express has a three day 50 percent liquidation sale as well as three days of product inventory, fixture tear down and clean up. The final step is a two day tent tear down, therefore it is a eight day closing process. In order to ensure the tent is successful and presents a wonderful seasonal attraction to the community, Halloween Express is committed to have great product selection and great customer service. We employ about 20 to 25 part time and full time employees that will be working to complete and run the tent throughout the season. We will be open daily in September from 10:00 a.m. to 9:00 p.m. and in October from 9:00 a.m. to 10:00 p.m.. Halloween Express will have significant product cost, fix cost and set up expenses. In order to retrieve our costs and be competitive in the area, we will need to be open throughout September and October. We would appreciate for the city to consider our application for Temporary use permit to set up a tent from August 25th to Nov 8th 2013. Sincerely Yours, Mathew Fahr Halloween Tyme LLC fl f6'-f TENT STRUCTURE GRID WALL 4'- 0" 1 "1— J 1 1 1 11 7❑ 1 1 ❑ G. 6' 2' i. s_ 1—❑ 1 1 1 170 1 1 ❑ 1 1 n -i- 9'-11" F 16'-1" 6' 1 1—❑ 1 �7r-I 1 6�� 7'1- I 7'� 1 PON EIT11NG ROOMS " --{-12'-11 "� ,1, n kJI--❑ I t I ;err 1 24' LT, 7'-7It MACYS 147'-8" BARRICADE (NO PARKING WITHIN 20FT OF TENT) T1 7'-9" 18' IT SIGN (BACKLIT W/ BATTERY BACK-UP) FIRE EXTINGUISHER I I El 9'-8" 1 HALLOWEEN EXPRESS 15M X 45M CLEARSPAN STRUCTURE WESTFIELD PLAZA BONITA MALL DRAWN BY: M.Mc DATE: 2 MAY 2013 HALLOWEEN EXPRES 372 MISSION VALLEY TENT - OUTSIDE LAYOUT front side back side YF' �•ip"r`rT highway side parking ramp side HALLOWEEN EXPRES 372 MISSION VALLEY TENT - OUTSIDE LAYOUT TOP OF TENT Halloween `Ex Location 150`.: :/25/13-`1.1;/$ CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Halloween Tyme LLC EVENT: Halloween Retail Tent DATE OF EVENT: August 26 to November 8, 2013 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 I need to update you on this TUP that you sent to me. Some of the items required are shown below: • Temporary structures that cover an area in excess of 120 square feet for the gathering of 10 or more persons shall not be erected, operated or maintained for any purpose without obtaining a permit from the Building Official. • A permit application and construction documents shall be submitted for each installation of a temporary structure. The construction documents shall include a site plan indicating the location of the temporary structure and information delineating the means of egress and occupant load. • Temporary structures shall be located in accordance with the requirements of Table 602 base on the fire -resistance rating of the exterior walls for the propped type of construction. • Temporary structures shall conform to the means of egress requirements of Chapter 10 and shall have a maximum exit access travel distance of 100 feet. • Tents and other membrane structures erected for a period of less than 180 days shall comply with the 2010 California Fire Code. The comments listed above outline some of the basic requirements for this proposed temporary structure. A full set of plans and a complete plan review may determine that other requirements may also be necessary. The list only serves as a guide to the applicant. if anyone has any questions regarding this proposed project please contact me directly, thank you. 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 They have already applied for a business license. FIRE (619) 336-4550 (See attached) 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 Fire Department Phone (619) 336-4550 ee szA ram Iktrawitgago TEMPORARY USE PERMIT - STIPULATIONS DATE: June 6, 2013 TO: Vianey Rivera, Neighborhood Services FROM: Robert Hernandez /Fire Marshal SUBJECT: Halloween Retail Tent Note: Event set-up will begin 8-27-13. REQUEST MEETING WITH ORGANIZATION $400.00 TENT FEE Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through event 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 Tess 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) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. 7) A tent shall not be located within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy. 8) Provide a minimum of 2A:10BC fire extinguishers inside tent area. Extinguisher to be mounted in a visible location between 31A to 5' from the floor to the top of the extinguisher (See Attached). Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. A sign describing location of extinguisher (Fire Extinguisher) shall be placed immediately above the fire extinguisher. 9) Exit openings from tents shall remain open unless covered by a flame — resistant curtain. The curtain shall comply with the following: • Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches above the floor level at the exit. Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit. • Curtains shall be of a color, or colors, that contrast with the color of the tent. 10) In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not less than 44 inches shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at all points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point. 11) The arrangement of aisles shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy. 12) All chairs used for seating inside tent shall be secured to one another using approved chair binding methods. 13) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more 14) Exit signs shall be of an approved self-lumination type or shall be internally or externally illuminated by luminaries supplied in the following manner: • Two separate circuits, one of which shall be separated from all other circuits, for occupant loads of 300 or less. 15) Means of egress shall be illuminated with light having an intensity of not Tess than 1 foot-candle at the floor level while the structure is occupied. Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power. 16) Exits, aisles and passageways shall not be blocked or have their minimum clear width obstructed in any manner by ticket offices, turnstiles, concessions, chairs, equipment, animal chutes, poles, or guy ropes, or anything whatsoever, not shall they be blocked by persons, for whom no seats are available. 17) Internal combustion power sources that may be used for emergency power shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted prior to start of the event. 18) 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 tent. 19) Internal combustion power sources that may be used shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 20) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements. 21) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies. 22) Every room or space that is an assembly occupancy shall have the occupant Toad of the tent or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy load shall posted by the Building Official based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded. 23) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. 24) Spot or effect lighting shall only be by electricity, and all combustibles construction located within 6 feet of such equipment shall be protected with approved noncombustible insulation not Tess than 9.25 inches thick. 25) There shall be a minimum clearance of at least 3 feet between the fabric envelope and all contents located inside the tent structure. 26) The floor surface inside tents and canopy structures and grounds outside and within a 30-foot perimeter shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from the premises. 27) First Aid will be provided by ORGANIZATION. 28) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. 29) Please contact the National City Fire Department to arrange a time for inspection. Periodic inspections will be conducted by the Fire Department for this event. 30) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. 31) Request a meeting with event organizers at City Hall prior to this event. 32) Fire Department fees can only be waived by City Council. FEE REQUIRED FOR THIS EVENT FOR AFTER HOURS INSPECTION. SEE FIRE DEPARTMENT FEES If you have any questions please feel free to contact me. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 29 ITEM TITLE: Continued from June 4, 2013 Request to use Martin Luther King Jr. Community Center (South Room) by National City Rotary Club, a service organization, for their weekly luncheon meetings on each and every Tuesday of the month for one year, from 12:00 noon to 1:30 pm for approximately 12-15 members. Applicant is requesting a waiver of $1,200.00 per council policy. PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: See attached Staff Report. DEPARTMENT: Pu APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees.. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: itaff Report . 'acility Use Application Letter from Applicant dated May 8, 2013 Certificate of Liability Insurance City Council Policy 803 STAFF REPORT: On June 4, 2013, the National City Rotary Club made a request to Council to use the Martin Luther King, Jr. Community Center (South Room) for their weekly meetings. These meetings are held every Tuesday of the month from 12:00 noon to 1:30 pm with approximately 12 to 15 members in attendance. The National City Rotary Club is not requesting the use of the kitchen. The National City Rotary Club is asking to reserve the South Room for 12 months and requesting a waiver of fees in the amount of $1,200. This request is consistent with policy 803 governing the use of the Martin Luther King Jr. Community Center and rental fees for National City service clubs. During the June 4, 2013 Council meeting, Councilmember Alejandra Sotelo-Solis asked that the agenda item be continued to the next scheduled Council meeting and directed staff to come back with availability and costs for alternative meeting locations within the City. The two sites available are the Casa De Salud and the Kimball Sr. Center. The availability and costs are as follows: Casa de Salud • Casa de Salud is not availably during the requested dates • The costs would be $145.43 per meeting Kimball Sr. Center • Kimball Sr. Center is not availably during the requested dates • The costs would be $215.79 per meeting Note: These costs do not include the refundable deposit of $260.00 per meeting. (Facility Use Permit Fee Worksheets are attached) It is my understanding the National City Rotary Club is working with our City Librarian, Minh Duong, exploring the possibility of using the National City Library meeting room to hold their weekly meetings. It is staffs recommendation to approve the use of the Martin Luther King Jr. Community Center (South Room) every Tuesday from 12:00 noon to 1:30 pm as originally requested and that there be no waiver of fees. FUP FEE WORKSHEET (MLK, RECS, KSC/CASA, NUTRITION) Event/Group Name: Rotary Club Resident? Yes Date(s) Rgst'd: Every Tuesday of the Month Facility: Kimball Sr. Center Time of Event: 12 Noon to 1:30 pm rours: 1 hr 30 min # People: 15 Frequency: One Time: ortTerm: On -Going: X Council Date: at 6:00pm in Council Chambers at City Hall RENTAL RATES Hourly Rates Total MLK (for dining) People South North Entire Q� ( Charge Notes 0-73 $23.45 n/a n/a $0.00 73-149 n/a $70.36 n/a $0.00 150-221 n/a $87.97 n/a $0.00 222-294 n/a, n/a $117.26 $0.00 MLK (dance/assembly) 0-100 $23.45 n/a n/a $0.00 101-157 $29.32 n/a n/a $0.00 158-300 n/a $70.36 n/a $0.00 301-472 n/a $87.95 n/a $0.00 472-630 n/a n/a $117.26 $0.00 Rec. Centers & Casa varies --- --- $23.45 $0.00 Kimball Senior Center 0-149 --- --- $70.36 1.5 $105.54 150-221 --- --- $87.97 $0.00 Service Clubs Only $100.00 per month Months: L $0.00 KITCHEN ($50 min) $10.00 per hour Hours: $0.00 FAC/BLDG USE FEE $50.00 1 $50.00 CUSTODIAL De./PW Rate Duration $22/hr reg, or $35/hr OT $0.00 Setup/Cleanup time $22/hr reg, or $35/hr OT $22.00 2 $44.00 1-100(2hr), 101-157(4hr), 158-300(6hr), 301-472(8hr), 473-630(10hr) CSD STAFF(Dep!CSf $11.00 per hour Hours: $0.00 EQUIP: chairs: $0.75 each Qty: 15 $11.25 tables: $1.00 each Qty: 5 $5.00 TOTAL FEES $215.79 DEPOSITS Kitchen: $60.00 Refundable $0.00 Cleaning $100.00 Refundable $0.00 Key Deposit $100.00 Refundable $0.00 Total Deposits: $0.00 1 ACCOUNTING: $171.79 001-41000-3572 $44.00 626-422-223-102 $0.00 001-441-000-100 $215.79 (without deposits Fees/Council Date reviewed/confirmed with: Date: Note: unavailable. La Rondalla Senior Singing Group meets from 12 noon to 3:30 pm every Tuesday. Kimball Senior Center is FUP FEE WORKSHEET (MLK, RECS, KSC/CASA, NUTRITION) Event/Group Name: Rotary Club Resident? Yes Date(s) Rgst'd: Every Tuesday of the Month Facility: Casa de Salud Time of Event: 12 Noon to 1:30 pm # Hours: 1 hr 30 min # People: 15 Frequency: One Time: _ ShortTerm: On -Going: X Council Date: at 6:00pm in Council Chambers at City Hall RENTAL RATES Hourly Rates Total MLK (for dining) People South North Entire (sty Charge Notes 0-73 $23.45 n/a n/a $0.00 73-149 n/a $70.36 n/a $0.00 150-221 n/a $87.97 n/a $0.00 222-294 n/a n/a $117.26 $0.00 MLK (dance/assembly) 0-100 $23.45 n/a n/a $0.00 101-157 $29.32 n/a n/a $0.00 158-300 n/a $70.36 n/a $0.00 301-472 n/a $87.95 n/a $0.00 472-630 n/a n/a $117.26 $0.00 Rec. Centers & Casa varies --- -- $23.45 1.5, $35.18 Kimball Senior Center 0-149 --- --- $70.36 $0.00 150-221 --- --- $87.97 $0.00 Service Clubs Only $100.00 per month Months: $0.00 KITCHEN ($50 min) $10.00 per hour Hours: $0.00 FAC/BLDG USE FEE $50.00 1 $50.00 CUSTODIAL De . /PW Rate Duration $22/hr reg, or $35/hr OT $0.00 Setup/Cleanup time $22/hr reg, or $35/hr OT $22.00 2 $44.00 1-100(2hr), 101-157(4hr), 158-300(6hr), 301-472(8hr), 473-630(10hr) CSD STAFF(Dep/CSD1 $11.00 per hour Hours: $0.00 EQUIP: chairs: $0.75 each Qty: 15 $11.25 tables: $1.00 each Qty: 5 $5.00 TOTAL FEES $145.43 DEPOSITS Kitchen: $60.00 Refundable $0.00 Cleaning $100.00 Refundable $0.00 Key Deposit $100.00 Refundable $0.00 Total Deposits: 1 $0.00 ACCOUNTING: $101.43 001-41000-3572 $44.00 626-422-223-102 $0.00 001-441-000-100 $145.43 without deposits Fees/Council Date reviewed/confirmed with: Date: Note: Casa de Salud is unavailable. Ceramic classes are held throughout the day from 9:00 am to 8:30 pm every Tuesday City of National City Facility Use Application Rev.6/28/11 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-4594 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer anypsuestions from the City Council. Facility Requested: please circle Martin Luther i J B ' ding North Room • uth Room Entire Facility rn 0 t v - Date(s) of Use: c`U Day(s) of Use: !J (-t .6 S Time of Use: From: I tit / s- OM To: 9 1 3c INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: UJ ee J3 m�Criin Is the event open to the public? »/ A or) Lj nn � P-- o Ce-6e) Name & Address of Organization/Group: 1J pW.. cal40 air1 i77 .) 44 5',9 e� Non- profit organization No 'Tax ID # Anticipated Maximum Attendance: 20 -2..a '1`Percentage of National City Residents 3.3X Will Admission be charged? 1U 0 Amount $ Will this be a Fund Raising Event? AJ0 Equipment Requested: 3 e # of chairs 6 # of banquet tables /So Stage Podi Microphone **PLEASE ATTACH SEATING DIAGRAM k f ca jh� Audio & Visual Equipment Required? (Please Specify) crILJ 34'1".-149Cor Use of Kitchen: Yes No Use of Gas for Range and Oven: Yes )C No Is the Use of Alcohol Requested? /vo Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? / Yes No Name: ktili+.1ry 1 e Name: Phone: 64.9 — 6/29- 9767 Phone: How many times in the last twelve months haveyou requested to use a City Facility? 1 '�m6,atc It is expicssly understood and agreed that the applicant assumesall risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during -the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: q — 13 PRINT NAME: SIGNATURE: ADDRESS OF APPLIC: G l $ ZCB a ti/gw CITY, STATE, AND ZIP CODE: .,n Dcv ee C4- f Z/.3''/ PHONE: DAYP6067f—q/ 'FAX NUMBER:PL4D47/-q>2 Sr CONTACT PERSON ON THE DAY OF THE EVENT: CCL c 7.7— It PHONE: 612 6 7/—'1Z CELL: ?r 87 oS HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event Public Works Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: l v Z0-AJ ., ec c- Person in charge of activity: V-a Address: 1,1 gz Cave (.17+-) L' Sari £»74, g2JJ Y Telephone: k, Lc") 4/7-c7as— E-Mail: C?ce:r5on .cdongL.et7 A'lx°•4+ City Facilities and/ or property requested: MG t C' v,2w G Date(s) of use:____Eck-rjfrUP flax) /awl" /.-getsT HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Date ji Certificate of Insurance Approved by Safety/ Security Please describe your procedures for crowd control and internal security: " IS !Z i c.e__ cut_ ci-r-t— YES )(NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your producers for onitoring alcohol consumption: lc-4dl c.�n,[,.l 114- �r GtAcr, , A-ki.AeL t3 hkl-" p ` rY)c4t Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: IJ je Contact phone number the day of event: YES NO Have you hired any Professional Security orpni7ation to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: NATIONAL CITY ROTARY CLUB 8 May 2013 Director of Public Works Public Works Department 2100 Hoover Avenue National City, CA 91950 Mr. Joe Smith. id3;0 SM IOM 3118fld The National City Rotary Club is requesting the use of the South Hall in the Martin Luther King Community Center, for our weekly luncheon meetings. We were using the South Hall when I joined the Rotary Club in 1999, and I believe we left in 2010. Except for holidays, the Club will meet every Tuesday, from noon till 1:30pm. The average number of members that meet on any given Tuesday is approximately 12-15. As you know we are a service organization that raises money to give back to the community. The following is a synopsis of our projects during the past Rotary year. - Provide $4000 to the National City Police Department for their Back to School Supplies Program for the ten Elementary Schools in National City. ▪ Provided $560 for Miss National City to compete in the Miss San Diego Pageant. - Provided $600 for Sponsorship of the Miss National City Educational Pageant. -Provided $150 to an adopted family for Thanksgiving. Provided $500 to the Boy Scouts participating in our American Flag Project with the Mile of Cars. -Provided $140 for the purchase of Christmas trees for the Wounded Warriors Program. -Provided twelve bikes and helmets far the National City Middle School Awards Ceremony. -Provided a $1000 scholarship to Sweetwater High School MCJROTC Program. The Rotary Club also participated in Christmas in July Program, and supported the Annual National City American Cancer Society Relay for Life event. The Rotary Club, also requests a waiver of funds to use the South Hall. The annual savings of $1200 would be used to enhance our community outreach programs. Favorable consideration of the use of the Martin Luther King Community. Center, South Hall, and the waiver of rental fees would be appreciated. Best regajds, Bob Jacon Preside , National City Rotary Club National City, CA (619) 997-8705 1551-.121 CERTIFICATE OF LIABILITY INSURANCE. SATE vesDcwrrl 05/08/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTFTCATE HOLDER. BIPORTANT: If the celltflcats holder M an ADOMONAL INSURED, the policy(I.$) must be endorsed. If SUBROGATION IS WANED, suhlect to Um Mims ant wndltlons of fhi policy, certsln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such sndorsanr s). PROMISOR LOCKTON COMPANIES,LLC-K CHICAGO 525 W. Monroe, Suite 600 CHICAGO IL 60661 (312) 669-6900 INSURED All Active US Rotary Clubs & Districts Attn: Risk Management Division 1560 Sherman Ave. Evanston, IL 60201-3698 Lockton Companies, LLC 1-800-921-3172 gbh., I-312-681-6769 Rotary@lockton.com e a)Al O I*3OOV I RE" ACE American Insurance Cmnnanv II 5 :ACE Property & Casualty Insurance Co I I O: OM 22667 20699 COVERAGES CERTIFICATE NUMBER.. 11NatBR Ei INIEUEEPS na y.mmn l U DCK: THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE USTED BELOW HAVE BEEN ISSUE) TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOIARE AENr, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH mis CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREN 1S SUajecr TO AU. THE TERMS, EXCLUSIONS AND COND ONS OF SUCH POUC$ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID.0 .A MS. "at Trim OF INSURANCE �SFJeRM. POJ.acYNUMBER AaHsXml7vgy� ye�ryoD LIIRi. A ,AIIMALLLA ILITr N PMI G23861355 004 7/1/2012 7/1/2013 M ICE s 2 nniki = PREMISED la. wownnw) . _ $ 500.000 MEDEXP(Aryone eeo.n) a XXXXXXX X Liquor Liability • essorrALaenvINJURY i 2,000,000 —ENLAOOI Inc GENERAL AGGREGATE a TE M*7A� PEN: PA OOucrs•OOW/0Phao 10.000.900 a 4.000.000 X X POLICY P j ) Lon i `, IutTW Oaa.ELuaILIW N PMI G23861355 004 7/1/2012 7/1/2013 i 1.000.0Q0 — ANY AUTO -BOOLYSWURVEWimma) a NoaccuCK AUTOS BOOZY euunvorrecoure S = HREDAUT09 X ADROB aserao:YfYRAU `" i XXXXXXX r XX XXXX B ii UTASIVELIA UM EXCESS OCCUR N M00534092 004 7/1/2012 7/1/2013 Ensioccumumen $ 5,000,000 UM ctald&MACE ABOREGATl i 10.000.000 j I RETarraNS• i wo.DED OQBas AUAa M NOT APPLICABLE wvi�il T ArDmwLdA• ANY P Rl YJN l7 a� I tNCHEVE =LUND? Ei MIA El. EACH ACCIDENT $ MOOD XX �LA ono yy��,,dd�e.yeIie�e E.L.I" DIsEmE-EAIMPLOYEE $ JJQQQQ( DatigisPEi0N OF OFERATIONS Wag - E.L. DISEASE- POW LaaT i XXXiCCKX DIMIORPTiam oraPERMIO i. fLOCATIONS IV9$CLEa µmob AOORD 909, AddleotW Remarks eehedule. Rmre %moo le resulted) The Certificate Holder is included as Additional Insured where required by written and signed contract or permit subject to the terms and conditions of the General Liability policy, but only to the extent bodily injury or property damage is caused in whole or in part by the acts or omissions of the insured. BCpTICb•ATCYA,.1Cd _____ The City of National City, its officials, agents, and employees Public Works Department 2100 Hoover Avenue National City, CA 91950 Rotary Club District 5340/National City Rotary Club For use of the Martin Luther King Community Center for weekly luncheon meetings. SHOULD ANY OF THE ABOVE DESCRIBED POUE7ES HE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED $l ACCORDANCE WITH THEPOLIGY PROVISIONS. AUTHORIZED REPRESaNTATYE ACORD 25 j2010105) Th. *CORD rame and ago ere registered woke of ACORD 1 t8'I 98 ACOFORPOR7lW1ON. All rights reserved C:ITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF POLICY 803 THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER NUMBER ADOPTED: August 10, 1993 AMENDED OR September 16, 2008 REVISED Purpose Page 1 of 3 To establish a.policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. Policy Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services. to Na- tional City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which ' routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center,140 E. 12th Street Granger Music Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility Use Guidelines and Regulations for Senior and Recreation Centers" CITY OF NATIONAL CITY FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL The Martin Luther King, Jr. Community Center and Granger Music Hall are public facilities, owned by the citizenry of National City and administered for them by the City Council and the staff of the City of National City, for public use. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established .to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL City of National City The Facility Use Guidelines and Regulations cover the use of the Martin Luther King, Jr. Community Center, and Granger Music Hall. If you are unable to locate the information you need in this document, please call us at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E. 12`h Street 2. Granger Music Hall City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. 3 GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits 8 Exclusions 8 Applicant Eligibility 9 FACILITY RESERVATIONS 9 Termination of Approved Use 9 RATES 10 SPECIAL RATES 10 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS 10 Kitchen Deposit Cleaning Deposit Key Deposit 11 FEES Facility Use Fee 11 PAYMENT 11 General Kitchen Cleaning Facility Use 12 KEYS 12 SET-UP DIAGRAM .12 DECORATING .12 RESTROOMS ..13 INDEMNIFICATION .13 4 INSURANCE 13 ALCOHOL REGULATIONS 13 SECURITY 14 SMOIUNG 14 FINANCIAL STATEMENT 14 LOAN OF FACILITY EQUIPMENT 15 NON-DISCRIMINATION 15 5 CATEGORIES OF USE — BY PRIORITY Category Use Fees Required Approval I. II. In. City Events. organized or sponsored by the City. City employee groups for official meetings. For other than official meetings, functions will be classified by. use. Educational Groups. Educational activities organized by any school located in National City. No Fees Custodial Fees Council Approved Rate Community Services Director Community Services Director City Council IV. Governmental Agencies Council Approved Rate City Council V. VI. Civic Groups/Service Groups Advocacy. An individual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s) forum. Council Approved Rate Council Approved Rate City Council City Council VII. 6 Social Groups. National City Non-profit organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: A National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 70% of its active membership comprised of residents of the City of National City. A non- profit organization is one whose articles of incorporation as non- profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for Council Approved Rate City Council the payment of these taxes by the State Franchise Tax Board. VIII. Other. Proposed use not falling readily into one of the above use categories will require City Council approval. Council Approved Rate City Council XI. Private. National City residents who would like to use Granger Hall for weddings, parties, and special events. Council Approved Rate _ City Council Note: National City Resident Groups shall have priority over non-resident groups. Groups with •70% or more group members who reside in National City will be considered Resident Groups. 7 CATEGORIES OF USE — FEES AND DEPOSITS Type Fees Council Action Kitchen Deposit Key Deposit Cleaning Deposit Facility Use Fee I. City Event No Fees None None None None None II. Employee Group Custodial fees None None None None None III. Educational Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable IV. Government Agencies Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable V. Civic/Service Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VI. Advocacy Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VII. Social Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable VIII Other Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable XI. Private Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Exclusions City facilities are not available for the following purposes: A) Private functions. (Except Granger Hall) B) Commercial purposes, for personal financial gain C) Fundraisers or `for -profit' events. `For -profit examples include charging for attendance to an event, marketing "parties", and retail sales. D) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a members wedding). (Except Granger Hall) E) Dances (unless sponsored by any City Department). (Except Granger Hall) F) Although a special event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and /or legal action. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time Reservations will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At any time prior to 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. The use of City facilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's of Fire Department's assistance as necessary to clear the premises. If this action is necessary, the using organization will have to explain its actions to the City Council, and obtain City Council authority to schedule any future events. 9 RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National City' SPECIAL RATES: Non -Profit Organizations- Upon the recommendation of the Community Services Director, local non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. National City Senior Citizens' Organizations -.A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate charged for a City facility. FEES AND DEPOSITS Deposits must be made with a separate check, Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or.a portion of the deposit, will be forfeited and additional charges may be incurred. REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) (MLK only) Cleaning Deposit in the amount of $100.00 is required; non waivable and refundable upon city staff approval (See Item #3 below) 10 Key Deposit in the amount of $100 is required; non waivable and refundable upon city staff approval (See "Keys" below) NON-REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required, non-waivable and non-refundable (See Item #4 below) PAYMENT 1 General At no time may the applicant extend the hours of the function. Failure to comply with this directive shall be grounds for denial of any future requests by the applicant.. Kitchen (MLK only) A non-waivable, non-refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens tumed on/off, Please give Public Works one -day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. 11 The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility Use Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $100.00. Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. • Also See "Key Deposit" Duplication of keys is not permitted! SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event to allow proper setup by Public Works. Please call (619) 336-4290 if you require clarification. DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own U.L approved extension cords. Decorating for an event is not permitted outside of the facility. 12 RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant mustcomplete the release, hold harmless and indemnity agreement which releases the City and its Council, agents, servants, and/or employees, from any damages, claims, causes of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. Insurance shall be written with only California admitted companies, which hold a current policy holder's alphabetic and financial size category rating of not less than "A VIII" according to the current Best's Key Rating Guide, or a company with equal financial stability that is approved by the City's Risk Manager. For Meetings, Dances or Dinners, Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence is required. The City of National City must be named as an additional insured pursuant to a separate endorsement, which must be provided with the certificate of insurance prior to the event. A "Hold Harmless" agreement must be executed by the organizer or sponsor of the event. Other activities will be considered on an individual basis. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. Insurance coverage may be obtainedthrough the City under terms, conditions and rates applicable at the time. ALCOHOL REGULATIONS The specific approval of the City Council is required for the consumption of alcohol at a City facility. If required by the Department of Alcoholic Beverage Control, a permit from the Department of Alcoholic Beverage Control must also be obtained. Any such request must be presented in sufficient time to be processed by both agencies. If alcohol is sold or served, Host Liquor or Liqubr Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this 13 coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. If alcohol is going to be served a security guard may be required to be present, at a rate of one (1) security guard for every 200 attendees after consultation with the Police Department. Users must designate a person to ensure that alcohol is being served to persons 21 years of age and older. The designated alcohol server must also be 21 years of age or older. Users must specify in detail the monitoring of alcohol consumption. • Also See "Security" Clause SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. • Also See "Alcohol" Clause SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. 14 LOAN OF FACILITY EQUIPMENT (Tables, Chairs, Electronic, Musical, or Kitchen Equipment) Normally, this type of equipment supporting a City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. NON-DISCRIMINATION The applicant hereby assures that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 15 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 30 ITEM TITLE: Request for City Council Member Appointment to City of National City Anti -Smoking / Tobacco (Smoke -Free) Ad -Hoc Committee PREPARED BY: Leslie Deese, City Manager PHONE: 619 336-4240 EXPLANATION: See attached DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Council Action Requested: Appoint one City Councilmember to replace former Councilmember Rosalie Zarate.' BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation Staff Report: The City of National City has seven (7) established Boards and Commissions whose members are appointed by the Mayor and City Council. The City also has a number of ad -hoc committees which are short-term in nature and for a specific purpose, and are comprised of city staff, community members, and city councilmembers. The Anti-Smoking/Tobacco (Smoke -Free) ad hoc committee was formed in 2009 with the purpose of improving the quality of life for all residents, specifically those in multi -family housing units where there may be issues associated with second hand smoke and to consider a smoking ordinance to address these concerns. The ad -hoc committee is comprised of the following members: • Mayor • Councilmember (vacant) • City Attorney • Emergency Services Director • Community Services Director (vacant) • Senor Code Enforcement Officer • Housing Manager • Neighborhood Council Specialist/Management Analyst • American Lung Association Representative • Environmental Health Coalition Representative • American Cancer Society Representative • San Diego County Apartment Association Representative Council Action Requested: Given that Councilmember Rosalie Zarate is no longer on the City Council, it would be appropriate at this time for the City Council to appoint another City Councilmember to replace former Councilmember Zarate. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 31 ITEM TITLE: Report — City Council Summer Legislative Recess PREPARED BY: Leslie Deese, City Manager PHONE: 619-336-4240 EXPLANATION: See attached Staff Report. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Request Council direction. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Staff Report: At the June 4, 2013 City Council meeting, Councilmember Sotelo-Solis asked that the City Council consider a summer legislative recess from their regular Council Meeting schedule to realize cost savings and to allow an opportunity for city staff and elected officials to catch up on work and reenergize after the long budget and strategic planning process. As shown in the attached survey of the 18 cities in the County, the majority of the cities take a recess both in the summer and winter, and some cities recess over an entire month, generally in the summer. National City does not take a recess in the summer or winter, however due to the Holiday/Furlough closure, we have adjusted the meeting schedule in January to either dispense with or move the first Tuesday meeting. The National City Council /Successor Agency meeting schedule for the months of July, August and September is as follows: July 2 & 16 August 6 & 20 September 3 & 17 Provided for Council's reference is upcoming time sensitive, noticed meetings and hearings, city events and observed holidays: Noticed Meetings/Hearings: Landscape Maintenance District Hearing — Tuesday, July 2 Annual Parking Authority Meeting — Tuesday, July 16* Collection of Sewer Charges on Tax Roll Hearing — Tuesday, August 6 City Events: National Night Out Against Crime — Tuesday, August 6 (5:00-8:00pm)** Observed Holiday: Independence Day - Thursday, July 4 Labor Day — Monday, September 2 *Note: Council may dispense with the meeting and call a special meeting for another date. ** Note: Council meeting begins at 5:00 pm. Staff attempts to keep agenda light to allow the elected officials and staff to attend the National Night Out event. There are five Tuesday's in the month of July. Council may wish to recess during this month to maximize the time between meetings. For example, scheduling a recess on July 16 would allow an additional week between meetings. National City Municipal Code Section 2.,04.020 states, in part, that "Any regular meeting may be dispensed with by vote of the City Council." If the Council desires to dispense with a regular meeting(s), you may do so by minute action which would provide all interested parties with advanced notice for planning purposes. Carlsbad Meets: 4x month (1st four Tuesday's of every month) Summer: recess for the week of August 5th and August 12th Winter: regular meetings Chula Vista Meets: Every Tuesday (?) Summer: do not have summer recess Winter break: week of Christmas and New Years' week Coronado Meets: 2x month (1st& 3rd Tuesday) Summer: only one Council meeting in July and one in August Winter: one meeting on December Del Mar Meets: 2x month (1st& 3rd Monday) Summer: recess for the whole month of August Winter: one meeting in December El Cajon Meets: 2x month (2"d& 4th Tuesday) Summer: do not have summer recess Winter break: only one meeting in December Encinitas Meets: 3x month (2"d, 3rd, and 4th Wednesday) Summer: TENT recess from July 24th — August 21st Winter: cancelled the last meeting in December Escondido Meets: 4x month (1st four Wednesday) Summer: recess for the whole month of July Winter: Dec 15th — January 7th ImDerial Beach Meets: 2x month (1st& 3rd Wednesday) Does not have summer or winter recess La Mesa Meets: 2x month (2"d& 4th Tuesday) Summer: recess from August 27th — September 23rd Winter: December 24th - January 27th Lemon Grove Meets: 2x month (1st& 3rd Tuesday) Does not have summer or winter recess National City Meets: 2x month (1st and 3rd Tuesday) Does not have summer or winter recess. Holiday/furlough closure between Christmas and New Year's Day Oceanside Meets: 2x month (1st& 3rd Wednesday) Summer: recess for the whole month of July Winter: regular meetings Poway Meets: 2x month (1st& 3rd Tuesday) Does not have summer or winter recess San Diego Meets: 2x/week (Monday & Tuesday) of every week Summer: off the first week of July, the whole month of August and the week of September 2nd Winter: off Novemberl lth and November25th / off the week of the December 2nd, 16th, 23rd and 30th San Marcos Meets: 2x month (2nd& 4th Tuesday) Does not have summer or winter recess Santee Meets: 2x month (2nd& 4th Wednesday) Summer: first meeting off on August 14th Winter: one Council meeting on November and one on December Solana Beach Meets: 2x month (2nd& 4th Wednesday) Summer: only one Council meeting in July and one in August Winter: one Council meeting in November and one in December Vista Meets: 2x month (2nd& 4th Tuesday) Summer: off for the whole month of July Winter: off for the last council meet in December 24th COMMUNITY DEVELOPMENT COMMISSION HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 32 ITEM TITLE: Resolutionof the Community Development Commission Housing Authority of the City of National City adopting the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2013-2014 (Housing and Grants) PREPARED BY: Alfredo Ybarra DEPARTMENT: Housing and Grant APPROVED BY: PHONE: 619 336-4279 EXPLANATION: This is a request to approve the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2013-14. The Community Development Commission Housing Authority of the City of National City operates housing programs that benefit very low, low and moderate -income households in the City of National City. All costs of operating these programs are revenue offset. There is no cost to the City General Fund. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The funding source is Morgan Tower and Kimball Tower rental revenues and Section 8 rental subsidies from the U.S. Department of Housing and Urban Development. There is no cost to the City General Fund. ENVIRONMENTAL REVIEW: N/A� OR INANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve resolution. BOARD / COMMISSION RECOMMENDATION: 4TTACHMENTS: 1. Background 2. Morgan Budget 3. Kimball Budget Attachment 1 Background Falkenberg, Gilliam and Associates, Inc. (FGA) has been the property management company for the Morgan and Kimball Towers since 1995. Each year, an operating budget for each building is prepared by FGA and is reviewed and approved by the Community Development Commission, Housing Authority of the City of National City. Kimball Tower Kimball Tower is a 151 unit complex located at 1317 D Avenue owned free and clear by the Community Development Commission. Of the 151 total units, two (2) are reserved for property management staff and 149 are rented to qualified households. Of the 149 rental units, 142 units receive rental subsidies from the U.S. Department of Housing and Urban Development (HUD) through the City of National City's Section 8 program. Seven units are market (unsubsidized) rate and do not receive HUD rental subsidies. For the fiscal year ending June 30, 2014, the projected annual income is $1,094,267 and the total cost of operations total $990,743. Although this presents an income of $103,524, the property management company is required by the CDC -HA to place $84,000 in the replacement reserve account ($7,000 per month). Replacement reserves are funds that are restricted for the replacement of appliances, carpeting, or other unbudgeted building maintenance charges. As of March 31, 2013, the balance of the replacement reserve fund is $1,281,990. After funding the reserve account with the additional $84,000, the net income of the Kimball Tower is estimated to be $19,524. Attached to the operating budget is a FY 2014 capital improvement budget for Kimball Tower that includes: • Replacement of Kimball Tower boilers with a projected estimate of $205,000. • Up -grade Kimball Tower hot water supply piping with a projected estimate of $35,000. • Modernize Kimball Tower elevators with a projected estimate of $225,000. • Up -grade fire suppression system at Kimball Tower with a projected estimate of $175,000 • Installation of Nutrition Center grease interceptor and renovation of employee bathroom drain system with a projected estimate of $90,000. Due to a low Morgan Tower replacement reserve balance, funds will be to be borrowed from Kimball Tower replacement reserves. • Up -grade fire suppression system at Morgan Tower including underground fire line and auxiliary pump system estimated at $200,000. Due to a low Morgan Tower replacement reserve balance, funds will be to be borrowed from Kimball Tower replacement reserves. 1 All capital improvements will be paid from the Kimball Tower replacement reserve account. Due to overall increases in projected expenditures, FGA is recommending an increase of $12 (2%) per month/per unit from $598 to 610. Households receiving a Section 8 subsidy will not feel the impact of this rental increase, since the proposed rental increase will be covered by the rent subsidy. The seven market rate units will receive an increase to their rent payment, unless the rent increase causes their housing costs to exceed 30% of the household's monthly income. In this case, the City's Section 8 program staff may evaluate the household's eligibility to receive Section 8 rental assistance. Highlights of Kimball Tower Budget are: • Rent increase (GL#5120) of twelve ($12) dollars (2%) per month from $598 to $610. Federal rent subsidies will pick up rent increase for those families being subsidized. • Capital Improvement Budget totaling $640,000 to replace boilers, hot water supply lines, modernize elevators, and up -grade fire suppression system. In addition, $290,000 will be borrowed from Kimball Tower replacement reserves to pay for Morgan Tower fire suppression system, grease interceptor/bathroom improvements. Morgan Tower Morgan Tower is a 152-unit complex located at 1415 D Avenue. Of the 152- units, one unit is reserved for property management staff and 151 are rented to qualified households. Of the 151 rental units, 150 receive Section 231 rental assistance from HUD. One unit is market (unsubsidized) rate and does not receive a rental subsidy. For the fiscal year ending June 30, 2014, the projected annual income is $1,234,189 and total cost of operations total $946,878 which includes loan principal and interest payments of $360,737. After a HUD required deposit of $37,524 into a replacement reserve fund, the net income of Morgan Tower is estimated to be $7,962. As of June 2013, Morgan Tower has a mortgage loan balance of $1,825,268 with a mortgage maturity date of August 1, 2019. As of March 31, 2013, the balance of the replacement reserve fund is $373,854. Attached to the operating budget is a FY 2014 capital improvement budget for Morgan Tower that includes: • Replacement of the Morgan Tower roof and ventilation units with a projected estimate of $225,000. • Installation of Nutrition Center grease interceptor and renovation of employee bathroom drain system with a projected estimate of $90,000. Due to a low Morgan Tower replacement reserve balance, funds will be to be borrowed from Kimball Tower replacement reserves. • Up -grade fire suppression system at Morgan Tower including underground fire line and auxiliary pump system estimated at $200,000. Due to a low 2 Morgan Tower replacement reserve balance, funds will be to be borrowed from Kimball Tower replacement reserves. All capital improvements ($225,000), except for fire suppression system and grease interceptor/bathroom improvements, - will be paid from the Morgan Tower replacement reserve account. Notable items of the Morgan Tower budget are: • Rent increase (GL#5120) of one ($1) dollar (.15%) per month from $687 to $688. Federal rent subsidies will pick up rent increase for those families being subsidized. • Capital Improvement Budget, totaling $225,000, includes the removal and replacement of roof and ventilation units to be paid from replacement reserves. Staff recommends adopting the Morgan Tower and Kimball Tower operating and capital improvement budgets for the FY 2013-2014. 3 MORGAN TOWERS 2013 Budget Narrative Attachment 2 SUMMARY Morgan Towers is entitled to annual rent increases based on HUD's automatic Annual Adjustment Factors (AAF). Last years' AAF was low and Morgan Towers was unable to obtain a rental increase. We will submit this rent adjustment request and anticipate the new rents to be effective September 1, 2013. ACCT. DESCRIPTION 5120 Rental Revenue 5220 Vacancy Factor 5410 Financial Revenue -Project Operations 5430 Revenue from Investments - Residual Receipts 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending 6203 Conventions and Meetings 6210 Advertising and Marketing 6250 Other Renting Expenses 6310 Office Salaries 6311 6320 6330 Office Expenses Management Fee Manager's Salaries 6340 Legal Expenses 6350 Auditing Expenses 6351 Bookkeeping Fees / Accounting Services EXPLANATION The proposed rents are as follows: Unit Type # of Units Current Rents Proposed Increase Proposed Rents One -Bedroom 151 $687 $1 $688 One -Bedroom 1 Staff Budgeted at 1 % of rental income. Budgeted per audit. Budgeted at $0. The amount remains in the residual receipts account and may not be used for operations. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit for laundry and vending machine income. Laundry facilities are leased. Budgeted for annual occupancy training at $2,000, which includes professional training, food, lodging and mileage for office staff, 2 annual occupancy -related classes at $200 total for office staff, for subtotal of $2,400. In addition, budgeted for annual maintenance seminar at $500 for maintenance staff. Budgeted at $500 for classified advertising of rental units. Budgeted per audit plus $500 for background screening fees of potential tenants. Budgeted per current plus 5% for assistance in processing HUD paperwork at $630 per month plus $1,250 for additional work related to front-line assistance. Budgeted per audit plus $500 for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, etc. Budgeted at 6.25% of net rental, vending machine and laundry revenue. Management fee has not increased since October 2011. Budgeted per current expense plus 5% for Patricia Estanciero, Resident Manager, working 32 hours per week, earning $1,872 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Rosa Flores, Assistant Manager, working 32 hours per week, earning $2,773 per month. Budgeted additional amount for overtime, sick time and salary increases. Itt addition, budgeted for 5% year- end bonuses, in lieu of pension contributions. Budgeted at $500 for project related legal expenses. Budgeted per current plus $500 for annual audit, electronic submission and filing fees. Budgeted for project computer software updates at $116, project computer maintenance at $1,292 and web -based occupancy software at $1,819. Also added allowable bookkeeping fees of $3 PUPM for centralized services. Prepared by Falkenberg/Galliam & Associates, Inc. 1[ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 9110?-7070 ■ (323) 256-3512 Morgan Towers ACCT. DESCRIPTION 6390 Misc. Administrative Expenses 6450 Electricity 6451 Water 6452 Gas 6453 Sewer 6510 Payroll 6515 6520 Supplies Contracts 6525 Trash Removal 6530 Security Payroll/ Contract 6546 Heating/Cooling Repairs 6590 Misc. Operating Expense 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits 6820 Interest on Mortgage Payable 6850 Mortgage Insurance Premium Reserve for Replacement Deposits Principal Payments Required 2013 Budget Narrative Page 2 EXPLANATION Budgeted per current for Resident Council at $100 per month. Resident Council is a tenant association that represents the tenants. They are elected by the tenants and provide support, activities and refreshments to all residents. Also budgeted for a service coordinator at $1,025 per month and her monthly interne usage at $79 per month. Also added an allowable 10% fee (of service coordinator costs) at $1,230 for quality assurance services. The service coordinator helps the elderly residents obtain supportive services from the community to help them live independently and in their home. Budgeted per audit plus 5%. Budgeted 12-month current total of $36,188 plus 5%. Budgeted per audit plus 5%. Budgeted per audit plus 5%. Current is low since expense hasn't been paid. Budgeted per current expense plus 5% for Roberto Estanciero, Superintendent, working 40 hours a week earning $2,340 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Philip Flores, Assistant Superintendent, working 40 hours a week earning $3,467 per month and for Keyanue McCallon, Maintenance working 40 hours a week earning $3,813. Budgeted additional amount for overtime, sick time and salary increases. In addition, budgeted for 5% year- end bonuses, in lieu of pension contributions. Budgeted per audit plus 5% for cleaning and plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools, etc. Budgeted per audit (less $10,898 for capital needs items such as flooring and cabinets/countertops) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, exterminating, generator service, etc. Budgeted per audit plus 5%. Budgeted per audit plus 5% for guard service, fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Current is high due to fire sprinkler repair at $16,314. Budgeted per audit plus 5% for heating and cooling repairs. Budgeted per current plus $500 for nutrition center expenses. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUI/ETT taxes. Budgeted per current premium of $36,785 for property and liability insurance. Budgeted per current plus 5%. Budgeted per current plus 5% for four employees at $833.97 each per month for health insurance, $5.90 each per month for life insurance, and $15.05 each per month for dental insurance. Budgeted per audit plus $500 for elevator inspection fees, generator permit fees, etc. Budgeted per amortization schedule. Budgeted per amortization schedule. Budgeted per current monthly deposit amount of $3,127. Budgeted per amortization schedule. May 28, 2013 Prepared by Fallcenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 R (323) 258-3512 Budget Worksheet Income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner OMB Approval No. 2502-0924 (exp. 12/91/2014) Public reporting burden for this collection of Infomnatlon is estimated to average 1.6 hours per response, including the time for reviewing instructions, searching (Waling date sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. This agency may not co/Watt% Information, and you are not required 10 complete this foram, unlessit displays a currently valid OMB control number. This information is collected in accordance with Tide 11 of the National Housing Act wNch requires that HUD regulate rents for certain cooperative and subsidized rental projects. The Deparlmentfomiulated the processes by which owners could request increases. The requirements for tenant partieipatlon In the rent increase process, which Is included In Section 202 (b) of the HOD Amendments of 1978, necessitated that the Department design procedures to give consideration for tenant comments. The information gathered Is not of a confidential nature. The information is required In order to obtain benefits. Protect Number 129-38013 Name of Protect MORGAN TOWERS Description of Account Acct. No. Audit (FYE 8/30/2012) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/13-8/31/14 PUPM 151/12 Rental Rent Revenue - Gross Potential 5120 475,881 262.63 359,863 264.80 478,461 264.05 Income Tenant Assistance Payments 5121 764,052 421.66 573,035 421.66 768,195 423.95 5100 Rent Revenue - Stores & Commercial 5140 - - - Garage & Parking Spaces 5170 - - - Flexible Subsidy Revenue 5180 - - - Miscellaneous Rent Revenue 6190 - - - Excess Rent 5191 - - - Rent Revenue/Insurance 5192 - - - Spectal Claims Revenue 5193 - - - Retained Excess Income 5194 - - - Total Rent Revenue Potential at 100% Occupancy 51007 1,239,833 684.29 932,898 686.46 1,246,655 688.00 Vacancies Apartments 5220 1,435 0.79 2,726 2.01 12,467 6.88 5200 Stores and Commercial 5240 - - - Rental Concessions 5250 68 0.04 - - Garage & Parking Spaces 5270 - - - Miscellaneous 5290 - - Total Vacancies 52007 1,603 0.83 2,726 2.01 12,467 6.88 Net Rental Revenue (Rent Revenue less Vacancies) 6152N 1,238,430 683.46 930,172 684A5 1,234,189 681.12 Income Nursing Homes/Assisted LWInglBoard & Care/ Other 6300 Elderly Care/ Coop/ Other Revenues 6300 Financial Financial Revenue - Protect Operations 5410 14 0.01 14 0.01 14 0.01 Revenue Revenue from Investments - Res. Rec. 6430 - - .. - 5400 Revenue from Investments - Repl. Res 5440 376 0.21 - _ Revenue from Investments - Miscellaneous 5490 - - - - Total Financial Revenue 5400T 390 0.22 14 0.01 14 0.01 Other Laundry and Vending Revenue 5910 6,898 3.81 5,166 3.80 6,898 3.81 Revenue Tenant Charges 5920 - - - 5900 Interest Reduction Payments Revenue 5945 a - - - Gifts (nonprofits) 5970 - - - Miscellaneous Revenue 5990 2,258 1.25 240 0.18 - Total Other Revenue 6900T 9,156 5.05 6,406 3.98 6,898 3.81 Total Revenue S000T 1,247,976 688.73 935,592 688.44 1,241,101 684.93 Admin. Conventions and Meetings 6203 2,660 1.47 2,211 1.63 2,900 1.60 Expenses Management Consultants 6204 - 6200/ Advertising and Marketing 6300 8210 180 0.10 - 500 0.28 Other Renting Expense 6250 838 0.46 1,176 0.87 1,338 0.74 Office Salaries 6310 7,935 4.38 5,740 4.22 9,188 5.07 Office Expenses 6311 9,632 5.32 6,369 6.16 10,132 5.59 Office or Model Apartment Rent 6312 - - - - Management Fee 6320 61,518 33.95 46,882 34.50 77,568 42.81 Manager or Superintendent Salaries 6330 59,037 32.58 39,921 29.38 66,458 36.68 Administrative Rent Free Unit 6331 Legal Expenses - Project 8340 - - 350 0.26 500 0.28 Audit Expenses 6350 8,500 3.59 7,500 5.52 8,000 4.42 Bookkeeping Fees/Accounting Services 6351 2,446 1.35 4,589 3.38 8,698 4.80 Miscellaneous Administrative Expenses 6390 13,990 7.72 10,736 7.90 15,678 8.65 Total Administrative Expenses 6263 T 164,736 90.91 127,474 93.80 200,960 110.91 rev us edllions are obaclete page 1 of 2 ref. Handbook 4860.1 form HUD-92647-A (8/2000) Project Number 129-38013 Name of Project MOROAN TOWERS Description of Account Acct. No. Audit (FYE 6/30/2012) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/13-8/31/14 PUPM 151112 Utilities Fuel 011/Coal . 6420 6400 Electricity 6450 39,800 21.96 30,032 22.10 41,790 23.06 Water 6451 34,802 19.21 27,493 20.23 37,997 20.97 Gas 6452 33,082 18.25 21,666 18.09 34,715 19.16 Sewer 6453 45,600 25.17 - 47,880 26.42 Total UUlitles Expense 6400 T 163,264 84.68 79,391 68.42 162,382 89.61 Operating& Payroll 6510 120,361 66.42 84,141 61.91 134,773 74.38 Maint. Supplies 6515 31,378 17.32 24,117 17.75 32,947 18.18 Expense$ Contracts 6520 102,322 56.47 93,600 68.87 95,995 52.98 8600 Operating and Maintenance Rent Free Unit 8521 - - - Garbage and Trash Removal 6525 12,290 6.78 9,120 6.71 12,905 7.12 Security Payroll/Contract 8530 39,416 21.75 54,126 39.83 41,387 22.84 Security Rent Free Unit 6531 - - - Heating/Cooling Repairs and Maintenance 6546 26,606 14.68 13,195 9.71 27,936 15.42 Snow Removal 6548 - - - Vehicle & Maint. Equip. Oper. and Repair 6570 - - - Misc. Operating & Maintenance Expenses 6590 2,506 1.38 5,421 3.99 5,921 3.27 Total Operating & Maintenance Expenses 8500 7 334,878 184.81 283,720 208.77 361,864 194.19 Taxes & Real Estate Taxes 6710 - - Insurance Payroll Taxes (Projects share) 6711 15,323 8.46 10,780 7.93 16,514 9.11 6700 Property and Liability Insurance (Hazard) 6720 32,989 18.21 25,325 18.64 36,785 20.30 Fidelity Bond Insurance 6721 - - - Workmen's Compensation 6722 11,286 6.23 13,137 9.67 13,794 7.61 Health Insurance & Other Employee Benefits 6723 31,944 17.63 25,755 18.95 43,088 23.78 Misc. Taxes, Licen., Permits, & Insurance 6790 1,218 0.67 1,890 1.39 1,718 0.95 Total Taxes & Insurance 67007 92,760 51.19 76,687 66.68 111,899 61.75 Financial Interest on Mortgage Payable 6820 152,714 84.28 96,623 71.10 111,319 61.43 Expenses Interest on Notes Payable, (Long Term) ` 6830 6800 Interest on Notes Payable (Short -Term)" 6840 Mortgage Insurance Premium/Service Charge 6850 10,794 5.96 9,471 6.97 8,454 4.67 Miscellaneous Financial Expenses 8890 Total Financial Expenses 6800 T 163,508 90.24 106,094 76.07 119,773 66.10 Expenses Nursing Homes/Assisted Living/Board & 6800 Care/Other EId. Care/ Coop/ Other 6900 Total Cost of Operations 6000T 909,147 601.74 673,566 496.63 946,878 522.66 Reserve for Replacements Dep. Required 37,524 20.71 28,143 20.71 37,524 20.71 Principal Payments Required 218,492 120.58 173,419 127.61 248,737 137.27 Debt Service for other approved loans , Debt Service Reserve (if required) General Operating Reserve (Coops) Total Cash Requirements 1,165,163 643.03 875,128 643.95 1,233,139 680.64 Less Total Revenue 1,247,976 688.73 935,692 688.44 1,241,101 684.93 Net Cash Surplus (Deficiency) 82,813 46.70 60,464 44.49 7,962 4.39 5/28/2013 I hereby certify that all the Information stated herein, es wet as any information provided In the accompaniment herewith, Is true end accurate. Warning: HUD will prosecute false claims end statements. Conviction may result In criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) (igneture) Date (mmiddlyyyy) editions are obsolete 'HUD Approved Secondary Financing page 2 of 2 ref. Handbook 4360.1 form HUD-92647-A (8/2000) Only for Budget ProJedbns. CAPITAL IMPROVEMENT BUDGET MORGAN TOWER • Replace roofing and roof -top ventilation units. Estimate: $225,000/Paid by Morgan Tower replacement reserves • Install Grease Interceptor and renovate employee bathroom drain system. Estimate: $90,000/ Paid by Kimball Tower replacement reserves • Up -grade Fire Suppression system including underground fire line and auxiliary pump system. Estimate: $200,000/ Paid by Kimball Tower replacement reserves KJ BALL TOWERS 2013 Budget Narrative Attachment 3 SUMMARY The 2013 Budget for Kimball Towers propose a rent increase based on increases in administration, utilities and insurance costs. We will submit for this rental increase and anticipate new rents to be effective September 1, 2013. Currently residents pay 30% of income up to a maximum of $598. ACCT. DESCRIPTION EXPLANATION 5120 Rental Revenue The proposed rents are as follows: 5220 Vacancy Factor 5410 Financial Revenue -Project Operations 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending 5990 Misc. Revenue 6203 Conventions and Meetings 6204 Management Consultants 6210 Advertising/Marketing 6310 Office Salaries 6311 6320 6330 6331 6340 6350 Office Expenses Management Fee Manager's Salaries Admin. Rent -Free Units Legal Expenses Auditing Expenses 6351 Bookkeeping Fees / Accounting Services Unit Type # of Units Current Rent Proposed Increase Proposed Rents One -Bedroom 15I $598 $12 $610 Budgeted at 1% of rents. Budgeted per audit. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit for laundry and water vending income. Budgeted per current for key income and other miscellaneous revenue. Budgeted for annual occupancy training at $2,700, which includes professional training, food, lodging and mileage for office staff, 2 annual occupancy -related classes at $300 total for office staff, for subtotal of $3,000. In addition, budgeted for annual maintenance seminar at $1,000 for maintenance staff. Budgeted at $25,000 for an asset management fee. Budgeted at $500 for classified advertising of rental units. Budgeted per current plus 5% for assistance in processing rents at $628 per month plus $1,500 for additional work related to front-line assistance. Also budgeted for Irma Garcia, office assistant, working 40 hours per week at $3,293 per month plus additional amount for sick, overtime and salary increase. In addition, budgeted for a 5% year-end bonus for office assistant, in lieu of a pension contribution. Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, etc. Budgeted at current rate of 7.50% of net rental, vending machine and laundry revenue. Budgeted per current plus 5% for Patricia Estanciero, Resident Manager, working 32 hours per week, earning $1,872 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Flora Gouleva, Assistant Manager, working 32 hours per week, earning $2,635 per month. Budgeted additional amount for overtime, sick and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted at $610 eacb per month for the manager's unit and assistant manager's unit. Budgeted at $500 for project related legal expenses. Budgeted per current expense of $8,000 plus 5% for annual audit, electronic submission and filing fees. Budgeted for project computer software updates at $116, project computer maintenance at $1,292 and web -based occupancy software at $1,433. Also added allowable bookkeeping fees of $3 PUPM for centralized services. Prepared by Falkenberg/G lliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Kimball Towers ACCT. DESCRIPTION 6390 Misc. Administrative Expenses 6450 Electricity 6451 Water 6452 Gas 6453 Sewer 6510 Payroll 6515 Supplies 6520 Contracts 6525 Trash Removal 6530 Security Payroll/ Contract 6546 Heating/Cooling Repairs 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits Reserve for Replacement Deposits 2013 Budget Narrative Page 2 EXPLANATION Budgeted per current for Resident Council at $100 per month. Resident Council is a tenant association that represents the tenants. They are elected by the tenants and provide support, activities and refreshments to all residents. Mso budgeted for a service coordinator at $1,025 per month plus an allowable 10% fee (of service coordinator costs) at $1,230 for quality assurance services. The service coordinator helps the elderly residents obtain supportive services from the community in order to help them live independently and in their home. Budgeted per 12-month total of $44,683 plus 5%. Budgeted per audit plus 5%. Budgeted per audit plus 5%. Budgeted per audit plus 5%. Current is low since the amount hasn't been expensed. Budgeted per current plus 5% for Roberto Estanciero, Superintendent, working 40 hours a week earning $1,872 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Iordan Gouleva, Assistant Superintendent, working 40 hours a week earning $3,293 per month and for Charles Ray, Maintenance working 40 hours a week earning $3,467 per month. Budgeted additional amount for sick, overtime and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted per audit plus 5% for cleaning supplies, plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools, etc. Budgeted per audit plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, exterminating, generator service, etc. Budgeted per audit plus 5%. Budgeted per current plus 5% for guard service, quarterly fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Current is high due to false alarm charges at $9,656. Budgeted per audit plus 5% for heating and cooling repairs. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUI/ETT taxes. Budgeted per current premium of $36,196 plus 5% for property and liability insurance. Budgeted per current premium of$15,580 plus 5% for worker's compensation insurance. Budgeted per current plus 5% for four employees at monthly cost of $833.97 each for health insurance, $5.90 each for life insurance, and $15.05 each for dental insurance. Audit was low since three employees were participating. However, now there are currently four participants. Budgeted per current plus 5% for elevator permit and inspection fees at $850, annual emissions fee at $360, and Hazmat materials fee at $317. Budgeted per monthly deposit of $7,000. Rev-May23, 2013 Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 (323) 258-3512 Budget Worksheet Income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner Public reporting burden for this collection of Information Is estimated to average 1.5 hours per response, including the Ume for reviewing Instructions, searching erdstIrg data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not nailed this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. OMB Approval No. 2502-0324 (exp. 12/31/2014) This information is collected In accordance with The II of the National Housing Mt which requires that HUD regulate rents for certain cooperative and subsidised rental projects. The Depadment formulated the processes by which owners could request increases. The requirements for tenant parUcipallon in the rent increase process, which is Included in Section 202 (b) of the HCO Amendments of 1978, necessitated that the Department design procedures to give consideration for tenant comments. The Information gathered is not of a confidential nature. The Information k reeuired in order to obtain bane its. Protect Number Name of Project KIMBALL TOWER Description of Account Acct. No. Audit (EYE 6/30/2012) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/13-8/31/14 PUPM 951/12 Rental Rent Revenue - Gross Potential 5120 604,483 278.41 387,758 285.33 528,975 291.93 Income Tenant Assistance Payments 5121 549,659 303.34 419,337 308.56 576,345 318.07 5100 Rent Revenue - Stores & Commercial 5140 - - - Garage & Parking Spaces 5170 - - - Flexible Subsidy Revenue 5160 - - - Mlscellaneous Rent Revenue 5190 - - - Excess Rent 5191 - - - Rent Revenue/insurance 5192 - - - Special Claims Revenue 5193 - - - Retained Excess Income 6194 - - - Total Rent Revenue Potercletet100% Occupancy 5100T 1,054,142 581.76 807,095 593.89 1,106,320 610.00 Vacancies Apartments 6220 1,157 0.64 3,737 2.75 11,053 6.10 6200 Stores and Commercial 5240 - - - Rental Concessions 5250 - - - Garage & Parking Spaces 5270 - - - Miscellaneous 5290 - - Total Vacancies 6200T 1,157 0.64 3,737 2.75 11,053 6.10 Net Rental Revenue (Rent Revenue less Vacancies) 5162N 1,052,985 681.12 803,358 591.14 1,094,267 603.90 Income Nursing Homes/AssIsted LHhrgBoard 8 Care/ Other 6300 Elderly Care/ Coop/ Other Revenues 6300 Financial Financial Revenue - Project Operations 5410 19 0.01 18 0.01 19 0.01 Revenue Revenue from investments - Res. Rec. 5430 - - - 5400 Revenue from Investments - Repl. Res 5440 2,784 1.54 - - Revenue from investments - Miscellaneous 5490 - - - - Total Financial Revenue 6400T 2,803 1.55 18 0.01 19 0.01 Other Laundry and Vending Revenue 5910 6,703 3.70, 5,218 3.84 6,703 3.70 Revenue Tenant Charges 5920 - - - 6900 Interest Reduction Payments Revenue 5945 - - - Gifts (nonprofits) 5970 - - - Miscellaneous Revenue 5990 586 0.32 120 0.09 120 0.07 Total Other Revenue 6900T 7,289 4.02 5,338 3.93 6,823 3.77 Total Revenue 6000T 1,063,077 686.69 808,714 696.08 1,101,109 607.68 Admin. Conventions and Meetings 6203 3,358 1.85 3,367 2.48 4,000 2.21 Expenses Management Consultants 6204 20,000 11.04 - 25,000 13.80 6200/ Advertising and Marketing 6210 262 0.14 ' - - 500 0.28 Other Renting Expense 6250 18 0.01 - - - Office Salaries 6310 32,038 17.68 31,806 23.40 55,379 30.56 Office Expenses 6311 20,136 11.11 15,277 11.24 21,143 11.67 Office or Model Apartment Rent 6312 - - . - - Management Fee 6320 77,850 42.96 59,987 44.14 82,573 45.57 Manager or Superintendent Salaries 6330 56,281 31.06 45,167 33.24 64,488 35.59 Administrative Rent Free Unit 6331 13,892 7.67 10,712 7.88 14,640 8.08 Legal Expenses - Project 6340 - - - - 500 0.28 Audit Expenses 6350 - - - - 8,400 4.64 Bookkeeping Fees/Accounting Services 6351 1,879 1.04 4,512 3.32 8,276 4.57 Miscellaneous Administrative Expenses 6390 13,200 7.28 10,000 7.36 14,730 8.13 Total Administrative Expenses 6263 T 238,914 131.85 180,828 133.06 299,629 165.38 Previous editions are obsolete page 1 of 2 ref. Handbook 49501 form HUD-82547-A (8/2000) Project Number Name of Project KIMBALL TOWER Description of Account Acct. No. Audit (FYE 6/30/2012) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/13-8/31/14 PUPM 151/12 Utilities FuelOil/Coal 6420 6400 . Electricity 6450 44,384 24.49 34,032 25.04 46,917 25.89 Water 6451 35,780 19.75 24,198 17.81 37,569 20.73 Gas 6452 47,249 26.08 32,798 24.13 49,611 27.36 Sewer 6453 45,300 25.00 - 47,565 28.25 Total Utilities Expense 6400 T 172,713 95.32 91,028 66.98 181,662 100.25 Operating & Payroll 6510 111,757 61.68 77,906 57.33 127,620 70.43 Maint. Supplies 8515 35,203 19.43 22,857 16.62 36,963 20.40 Expenses Contracts 6520 137,778 76.04 95,177 70.03 144,667 79.84 6600 Operating and Maintenance Rent Free Unit 6521 - - - Garbage and Trash Removal 6525 12,290 6.78 9,120 6.71 12,905 7.12 Security Payroll/Contract 6530 30,340 16.74 31,237 22.99 32,799 18.10 Security Rent Free Unit 6531 - - Heating/Cooling Repairs and Maintenance 6546 34,106 18.82 12,526 9.22 35,811 19.76 Snow Removal 6548 - - - Vehide & Maint. Equip. Oper. and Repair 6570 - - - Misc. Operating & Maintenance Expenses 659D - - - Total Operating & Maintenance Expenses 6600 T 361,474 199.49 248,825 183.09 390,765 216.65 Taxes & Real Estate Taxes • 6710 - - Insurance Payroll Taxes(Project's share) 6711 17,070 9.42 15,204 11.19 19,557 10.79 6700 Property and Liability Insurance (Hazard) 6720 32,469 17.92 24,923 18.34 36,006 20.97 Fidelity Bond Insurance 6721 - - - Workmen's Compensation 6722 13,053 7.20 15,580 11.46 16,359 9.03 Health Insurance & Other Employee Benefits 6723 22,572 12.46 20,615 15.17 43,162 23.82 Misc. Taxes, Licen., Permits, & Insurance 6790 940 0.52 860 0.63 1,603 0.68 Total Taxes & Insurance 6700T 86,104 47.62 77,182 56.79 118,687 65.50 Financial Interest on Mortgage Payable 8820 - - - - - Expenses Interest on Notes Payable (Long -Term)" 6830 6600 Interest on Notes Payable (Short -Term) * 6840 Mortgage Insurance Premium/Service Charge 6850 - Miscellaneous Financial Expenses 8890 Total Financial Expenses 6800 T - - - - - - Expenaea Nursing Homes/Assisted Living/Board & 6900 Care/Other EId. Care/ Coop/ Other 8900 Total Cost of Operations. 6000T 859,205 474.17 697,863 439.93 990,743 646.77 Reserve for Replacements Dep. Required 64,000 46.36 63,000 46.36 84,000 46.36 Principal Payments Required - - - - - - Debt Service for other approved loans Debt Service Reserve (if required) General Operating Reserve (Coops) Total Cash Requirements 943,206 620.63 660,663 486.29 1,074,743 693.13 Less Total Revenue 1,063,077 686.69 808,714 595.08 1,101,109 607.68 Net Cash Surplus (Deficiency) 119,872 66.15 147,1351 108.79 26,366 14.56 Rev-5/23/2013 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal andlor civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) ature) Date (mm/dd/yyyy) Previ ions are obsolete 'HUD Approved Secondary Financing page 2 of 2 Only for Budget Projections. ret. Handbook 43501 torm HUD-92547-A (82000) CAPITAL IMPROVEMENT BUDGET KIMBALL TOWER • Replace boilers and ancillary equipment: Estimate: $205,000/Paid by Kimball Tower replacement reserves. • Up -grade hot water supply piping: Estimate: $35,000/Paid by Kimball Tower replacement reserves. • Modernize elevators: Estimate $225,000/Paid by Kimball Tower replacement reserves. • Up -grade Fire Suppression system: Estimate: $175,000/ Paid by Kimball Tower replacement reserves. Morgan Tower CIP paid by Kimball Tower Replacement Reserves • Installation of Nutrition Center grease interceptor and renovation of employee bathroom drain system with a projected estimate of $90,000. Due to a low Morgan Tower replacement reserve balance, funds will be to be borrowed from Kimball Tower replacement reserves. • Up -grade fire suppression system at Morgan Tower including underground fire line and auxiliary pump system estimated at $200,000. Due to a low Morgan Tower replacement reserve balance, funds will be to be borrowed from Kimball Tower replacement reserves. RESOLUTION NO. 2013 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ADOPTING THE MORGAN TOWER AND KIMBALL TOWER BUDGETS FOR FISCAL YEAR 2013-2014 WHEREAS, the Community Development Commission — Housing Authority of the City of City of National City ("CDC -HA") operates the Kimball and Morgan Towers; and WHEREAS, Falkenberg, Gilliam and Associates has been the property management company for said Towers since 1995; and WHEREAS, an operating budget for each building is prepared by the management company, and is reviewed and approved by the CDC -HA Board; and WHEREAS, the Kimball and Morgan Towers' operations do not have a direct financial impact on CDC -HA operations, and should be presented and approved independently of the CDC-HA's annual budget; and WHEREAS, a rent increase of twelve dollars ($12) from $598 to $610 per month for the Kimball Tower is recommended to cover increases in general operating costs; and WHEREAS, a rent increase of one dollar ($1) from $687 to $688 per month for the Morgan Tower is recommended to cover increases in general operating costs; and WHEREAS, the budgets for the Kimball and Morgan Towers for fiscal year 2013- 2014 have been prepared and presented for approval. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission - Housing Authority of the City of City of National City hereby approves the Kimball and Morgan Towers budgets for the fiscal year 2013-2014. PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 18, 2013 AGENDA ITEM NO. 33 ITEM TITLE: REPORT — Ballot Measures: Proper and Improper Expenditures of Public Funds PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: Please see attached staff report. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: File report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Memo: "Restricted and Allowable Political Activities" dated August 14, 2012 Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano Office of the City Attorney MEMORANDUM TO: Mayor and City Council Members of City Boards and Commissions All City Employees FROM: City Attorney SUBJECT: Ballot Measures — What are Proper and Improper Expenditures of Public Funds City Attorney Claudia Gacitua Silva Elisa Cusato Senior Assistant City Attorney Deputy City Attorney Jennifer Knight DATE: June 18, 2013 Recently, this Office issued a Memorandum titled "Restricted and Allowable Political Activities" dated August 14, 2012. The City of National City's Sales and Use Taxi is set to expire in 2016. The City is assessing its fiscal condition in light of the sunset of the sales tax which includes analyzing whether its fiscal conditions warrant a ballot measure to extend the one percent sales tax. As part of the City's consideration of a potential ballot measure, the City Council requested the City Attorney to prepare a memorandum explaining the parameters of allowable political activities. The prior memorandum, dated August 14, 2012, is attached for reference and remains applicable. The purpose of this memorandum is to elaborate upon the prior memorandum in regard to the restrictions of City officers and employees in their use of public funds with regard to a proposed ballot measure. I. THE DEVELOPMENT AND DRAFTING OF A PROPOSED BALLOT MEASURE IS AN EXERCISE OF LEGISLATIVE AUTHORITY AND, THEREFORE, PUBLIC FUNDS MAY BE USED. Developing and drafting an initiative is not inherently partisan in nature so it is not subject to the prohibitions of advocating in support of, or in opposition to, an initiative already drafted and placed on the ballot. Thus, this discussion applies to the development and drafting stage of a potential ballot measure. National City Municipal Code sections 4.24.010 — 4.24.180. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.42201 Fax: (619) 336.4327 A. Courts have found the certain expenditures proper before a ballot measure is placed on the ballot. Expenditures for the development and drafting of a proposed ballot measure, including research and gathering statistical information are permissable. (League of Women Voters of California v. Countywide Criminal Justice Coordination Committee, 203 Cal. App. 3d 529 (1988)). B. Case Law In the League of Women Voters case, the Los Angeles County Board of Supervisors established the Countywide Criminal Justice Coordination Committee (CCJCC) which included, among many others, the chairman of the board of supervisors, the Los Angeles County sheriff, the district attorney, the mayor, the city attorney, and the president of the city council. The CCJCC formed a standing legislative subcommittee to study a proposal to implement certain procedural changes in the criminal justice system. The members of the subcommittee decided, among other things, to pursue an initiative to reduce the requirement for conviction or acquittal in all felony cases, except capital crimes, to ten votes rather than twelve. The subcommittee worked on the proposed initiative using county employees, in lieu of the performance of other duties, county supplies, and county support services in formulating, drafting, and typing drafts of the proposed initiative that would be submitted to the Secretary of State for qualification as a ballot measure. The district attorney assigned an employee to gather statistics relating to the non -unanimous jury verdict provision under consideration. The county sheriff drafted a letter to Paul Gann informing him of the proposed initiative. The district attorney sent a letter to a private citizen, responding to an inquiry concerning the proposed initiative, utilizing county stationery and the services of a county typist. The subcommittee discussed a proposal from a consulting firm concerning direct mail solicitation of popular and financial support for the draft proposed initiative and the signature gathering effort, but the consultant was not engaged. The subcommittee discussed potential proponents for the initiative. The county sheriff and the district attorney joined a citizens committee which supported the proposed initiative. They identified themselves as individuals personally supporting the qualification of the proposed initiative. The county board of supervisors officially recorded its position supporting the proposed initiative. The court in League of Women Voters held that the expenditure of public funds for these activities was proper. The court said that "the development and drafting of a proposed initiative is not akin to partisan campaign activity, but is more closely akin to the proper exercise of legislative authority." The court also said that "one of the primary functions of the elected and appointed executive officials is, of course, to devise legislative proposals to attempt to 2 implement the current administration's policies." Therefore, "[i]t is logical to conclude the power to devise legislative proposals to serve a local entity's perceived interests implies the power to draft proposed legislation." The court went on to say that prior to and through the drafting stage of a proposed initiative, the action is not taken to attempt to influence voters either to qualify or to pass an initiative measure. The audience at which these activities are directed is not the electorate per se; there is not attempt to persuade or influence any vote. Finally, the court said that "the power to draft the proposed initiative necessarily implies the power to seek out a willing proponent. We do not perceive the activities of identifying and securing such a proponent for a draft initiative as entailing any degree of public advocacy or promotion, directed at the electorate, of the single viewpoint embodied in the measure." While the League of Women Voters case clearly does state that the expenditure of public funds is proper to secure a proponent of a proposed initiative, case law is not clear whether this includes the expenditure of public funds to expressly advocate for the qualification of a proposed initiative on the ballot. In conjunction with the limitations of advocacy, discussed below, City officers and employees should be careful not to expend public funds to expressly advocate for the qualification of a proposed initiative on the ballot. II. PROVIDING THE PUBLIC ACCURATE, FAIR, AND IMPARTIAL FACTS IS PERMISSABLE, HOWEVER, PUBLIC FUNDS CANNOT BE USED TO SUPPORT OR OPPOSE THE APPROVAL OR REJECTION OF A BALLOT MEASURE ON THE BALLOT. An officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure by the voters. California Government Code section 54964(a). "Expenditure" means a payment of local agency funds that is used for communications that expressly advocate the approval or rejection of a clearly identified ballot measure by the voters. California Government Code section 54964(b)(3). "Ballot measure" means an initiative, referendum, or recall measure certified to appear on a regular or special election ballot of the local agency, or other measure submitted to the voters by the governing body at a regular or special election of the local agency. California Government Code section 54964(b)(1). However, public funds may be used to provide information to the public about ballot measures. [Section 54964(a)] does not prohibit the expenditure of local agency funds to provide information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the local agency, if both of the following conditions are met: (1) The informational activities are not otherwise prohibited by the Constitution or laws of this state. 3 (2) The information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure. California Government Code section 54964(c). The line between what expenditures support or oppose a ballot measure and what expenditures provide information is not always clear. Therefore, we look to case law as a guide. Courts have looked at the facts of each case to determine whether the expenditure is proper. "The determination of the propriety or impropriety of the expenditure depends upon a careful consideration of such factors as the style, tenor, and timing of the publication; no hard and fast rule governs every case." Stanson v. Mott, 17 Ca1. 3d 206, 222 (1978). A. Courts have found the following expenditures proper after a ballot measure is placed on the ballot. 1. Expenditures for the preparation of materials such as a report by the City Manager or staff that includes past and present facts such as how an initiative is enacted. (Vargas v. City of Salinas 46 Cal. 4th 1 (2009)). 2. Expenditures to prepare written reports describing the potential service cuts, reductions in facilities, and reduction in programs resulting from a proposed ballot measure, as long as the reports are moderate in tone and do not contain emotional or inflammatory warnings about the negative consequences for the residents of the city if the ballot measure does not pass. (Vargas; Peninsula Guardians, Inc. V. Peninsula Health Care District, 200 Cal. App 4th 1108 (2011)). 3. Expenditures to present these reports at City Council meetings. (Vargas). 4. Expenditures to present the city's view on a measure at a meeting of a public or private organization, when requested by such organization. (Stanson). 5. Expenditures to make information about potential service cuts resulting from a proposed ballot measure available on the city's website and at the city clerk's office and public libraries, as long as the information is presented in a moderate tone and does not expressly urge voters to vote for or support the proposed ballot measure. (Vargas; Peninsula Guardians). 6. Expenditures to conduct a public forum at which all may appear and freely express their views pro and con concerning a proposed ballot measure. (Choice -in -Education League v. Los Angeles Unified School District, 17 Ca1. App. 4th 415 (1993)). 7. Expenditures to organize and conduct a debate between proponents of different sides of a ballot measure. (Choice -in -Education). 4 8. Expenditures to televise a public meeting when such televising serves primary purposes unrelated to the agency's advocacy of a partisan position. (Choice -in - Education). 9. Expenditures to pass a resolution officially supporting or opposing a ballot measure if the issue is properly noticed pursuant to the Brown Act and the expression of support or opposition is done at a public meeting at which there is an opportunity for differing viewpoints to be heard. (Choice -in -Education). 10. Elected and appointed officials may join, as individuals, a citizen's group advocating a position on a measure, but may not expend public funds in doing so? (League of Women Voters). 11. Expenditures for the preparation of and distribution of an objective statement of facts about a measure in response to a citizen's request. (Stanson). 12. Expenditures to prepare and send a letter to a private citizen responding to an inquiry concerning the proposed ballot measure if the letter is neutral in tone. (League of Women Voters). 13. Expenditures to mail to city residents a newsletter containing articles describing the ballot measure if the newsletter is regularly published by the city and the articles are moderate in tone and do not exhort voters with regard to how they should vote. (Vargas; Peninsula Guardians). 14. Expenditures to support an effort to increase voter registration and voter participation if the effort does not include communications either expressly advocating, or taken as a whole unambiguously urging, passage or defeat of a ballot measure. (Schroeder v. Irvine City Council, 97 Cal. App. 4th 174 (2002)). B. Courts have found the following expenditures improper after a ballot measure is placed on the ballot. Generally, any use of public funds by a City official or employee to promote or oppose a ballot measure is improper. Specifically, the courts have found the following expenditures improper. 1. Expenditures to purchase items such as bumper stickers, posters, or television and radio spots. (Stanson). 2 While the law does allow officials to participate as individuals in such groups, we urge caution in this regard. Should one undertake such involvement, it should be made abundantly clear that it is done in the individual capacity and not as an official. 5 2. Expenditures involving the use of public employees during working hours, city supplies and other city resources to engage in promotional activities. (League of Women Voters). 3. Expenditures to disseminate literature prepared by private proponents or opponents of a ballot measure. (Vargas; Stanson) 4. Expenditures to place an advertisement in a newspaper of general circulation in the city a day prior to the scheduled vote on a ballot measure that is designed to influence the voters, even though the words "Vote Yes" were not included in the advertisement. (35 Ops.Atty.Gen 112). D. Case Law In the Vargas case, Measure 0 proposed the adoption of an ordinance that immediately would cut in half, and over a few years, totally repeal, the city's Utility Users Tax (UUT). The UUT was a local tax that had been in place for more than 30 years and had generated approximately $8 million in annual revenue for the city; a figure that represented 13 percent of the city's general fund budget. After Measure 0 had been placed on the ballot, the city manager prepared a lengthy report and specifically identified the individual programs and service reductions recommended by the city staff should Measure 0 be adopted. The report discussed in detail the financial implications of the passage of the Measure, including recommended program and service reduction in each city department. The report was formally presented to the city council where both supporters and opponents of Measure expressed their opinions. Thereafter, at four weekly meetings of the city council, each of the city departments made an extensive slide presentation to the public describing the reductions in services and programs that would be implemented in the event UUT revenues were reduced and ultimately eliminated through the passage of Measure O. Pursuant to the city's normal practice, detailed minutes of each city council meeting — summarizing the statements of each speaker — were posted on the official city website. The city also posted on its website the report of the city manager setting forth the financial impact of Measure 0 and describing in detail the service and program reductions recommended for each department, the slide presentations that had been made by each of the city departments, and city staffs report responding to an alternative implementation plan advanced by the proponents of Measure O. After the city council formally voted to specify the particular city facilities, services, and programs that the council would eliminate or reduce if the UUT were repealed, the city produced a one -page document that briefly described the initiative measure and the background of the UUT. The document listed, in separate categories, the "Facilities To Be Closed," "Programs/Services To Be Eliminated," "Community Funding To Be Eliminated," and 6 "Programs/Services To Be Reduced." Copies of the one -page document were made available to the public in the city clerk's office at city hall and in all city libraries. In addition, the city identified the services and programs that would be eliminated or reduced if the UUT were repealed through a number of articles published in the city's regular quarterly newsletter. The newsletter included, among other things, an article that contained the same text as the one -page document described above and additional articles that described the proposed cuts to police, fire, and recreation/park services that would be implemented should the UUT be repealed. The court in Vargas held that the city council had the authority to decide, in advance of the election on Measure 0, which services would be cut should the Measure be adopted, and then to inform the city residents of the council's decision. The court also held that in posting on the city's website the detailed minutes of all the city council meetings relating to the council's action, along with the detailed and analytical reports prepared by the various municipal departments and presented by department officials at city council meetings, the city engaged in permissible informational rather than campaign activity. With regard to the one -page document and making copies of the document available to the public at the city clerk's office and at public libraries, the Vargas court held that the one -page document was clearly an informational document that did not advocate or recommend how the electorate should vote on the ballot measure and its style and tenor was not at all comparable to traditional campaign material. Finally, the court held that the city did not expend public funds for impermissible campaign activity by mailing to city residents the newsletter shortly before the election. The court said that the newsletter was a regular edition of the city's quarterly newsletter that, as a practice, was mailed to all city residents, rather than a special edition created and sent to would-be voters. Further, the court said that the style and tenor of the newsletter was distinguishable from traditional campaign material in that it was moderate in tone and did not exhort voters with regard to how they should vote. In the Peninsula Guardians case, the Peninsula Health Care District (District) leased an acute care hospital facility to Mills -Peninsula Health Service (MPHS). During the term of the lease, the State of California adopted strict seismic standards for acute care hospitals, which meant that the hospital would require substantial modifications. District and MPHS determined that compliance with the seismic standards would be better achieved with the construction of new hospital facility rather than a retrofit of the existing facility. Therefore, District and MPHS entered into a set of agreements, which included a Master Agreement, which provided for MPHS to develop, construct, and operate a new acute care hospital. Under the agreements, District was obligated to hold an election on a ballot measure asking voters to approve District's entry into the Master Agreement with MPHS. Measure V was placed on a mail -in ballot for this purpose. 7 Prior to Measure V being placed on the ballot, District communicated with District residents about the need for a new hospital. The first edition of a newsletter included a letter from the Board of Directors of District (Board) explaining that the existing hospital did not meet new seismic safety standards and that a new hospital would be a better approach than retrofitting the old one. In the second edition of the newsletter, the Board outlined reports and presentations it had received from its architectural, health care, financial, and economic consultants addressing different aspects of the proposal for a new hospital. These consultants made presentations at public Board meetings and the presentations were available on the Board's website. The third edition of the newsletter summarized a tentative agreement negotiated with MPHS. After Measure V was placed on the ballot and prior to the election, District sent a newsletter to District residents which devoted sections to various aspects of Measure V, including the details of the Master Agreement, the construction timeline, the reason District needed a new hospital, how the mail -in ballot worked, and the "new hospital for the next century," which set out the features and facilities included in the new hospital. In this newsletter, it stated that the Board was "proud of the final terms of the agreement" and described it as a "fair deal". District also sent three postcard mailers to voters concerning Measure V before the election. The first mailer was headed "What is Measure V?" and it explained that District and MPHS had reached an agreement for the construction of new hospital. Under the subheading "Measure V Will Ensure," the mailer listed four bullet points on the key terms of the Master Agreement. The second mailer was headed "How the Mail -In Ballot Works." It told voters that there will be no polling places and restated the four bullet points listed in the first mailer. A third mailer headed "Don't Forget to Vote," reminded voters to vote and restated the four bullet points. District spent District funds in connection with the preparation and mailing of the newsletters and postcard mailers. The court in Peninsula Guardians, relying heavily on Vargas, held that District's materials, like those in Vargas, were primarily factual and informative, moderate in tone, and did not include emotional or inflammatory warnings about the negative consequences for District residents if the hospital was not approved. Further, the court said that the language in the newsletter and postcard mailers was consistent with the District's ongoing style of communication with residents noting that the District's newsletters prior to Measure V being put on the ballot used similar language. The court also noted that District did not suddenly begin communicating about the proposed hospital on the eve of the election. As stated earlier in this memorandum, a court will look at the facts of each case to determine whether an expenditure of public funds is proper. The determination will depend upon a careful consideration of the style, tenor, and timing of a communication. City officers and employees should ensure that any communication regarding a ballot measure already on the ballot is factual and informative, moderate in tone, and does not advocate or recommend how the electorate should vote on the ballot measure. 8 V. CONCLUSION The improper use of public funds to promote or oppose a ballot measure already on the ballot can lead to serious consequences. If any City officers or employees engage in inappropriate spending of public funds to promote or oppose a ballot measure already on the ballot, the penalties can include civil suits for declaratory and injunctive relief, for violation of the campaign reporting requirements of the Political Reform Act, for violation of due process rights protected by the Fourteenth Amendment, and for reimbursement of public funds. Penalties can also include the invalidation of the ballot measure. Further, such impermissible expenditures may be the basis for criminal prosecutions for misuse of public funds or for embezzlement by a public officer. Specific inquiries on the proper and improper expenditure of public f ds regarding a ballot measure should be directed to the City Attorney's Office. 9 audi. Ga•'tua Silva City At Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate i. C. Office of the City Attorney MEMORANDUM TO: Mayor and City Council Members of City Boards and Commissions All City Employees FROM: Claudia G. Silva, City Attorney DATE: August 14, 2012 SUBJECT: Restricted and Allowable Political Activities City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight As the November election approaches, the City Attorney's Office would like to take this opportunity to remind City officers, employees, and candidates of the laws that restrict their use of City resources and positions for political activities. This memorandum provides a summary of the restrictions and allowable activities during the election. The information provided below is described as set forth in the Government Code, the Penal Code, the National City Municipal Code, and relevant Case Law. I. Government Restrictions On Political Activities. Statutory restrictions on political activities of public officers, employees, and candidates are found in the Government Code Sections 3201-3209. Please note the following sections: A. Use of office, authority, or influence to gain unfair advantage is prohibited. Section 3204 regulates the conduct of public officers and candidates for office, prohibiting the use of office, authority or influence to gain advantage for any person, or to obstruct any person from gaining advantage. Specifically, No one who holds, or who is seeking election or appointment to, any office or employment in a state or local agency shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority, or influence, whether then possessed or merely anticipated, to confer upon or secure for any individual person, or to aid or obstruct any individual person in securing, or to prevent any individual person from securing, any position, nomination, confirmation, promotion, or change in compensation or position, within the state or local agency, upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee 's action. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 B. Limits on requests for political contributions. Section 3205 prohibits a public officer or employee from soliciting political contributions from other officers or employees of the same local agency, with certain exceptions. 1. Solicitation. An officer, employee, or candidate for elected office of a local agency shall not directly or indirectly solicit for political contributions from an officer or an employee of that agency. For example, a political candidate that hosts an election fundraiser for city employees or a particular city department would be in violation of this section. (a) An officer or employee of a local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency or from a person on an employment list of that officer at agency, with knowledge that the person from whom the contribution is solicited is an officer or employee of that agency. (b) A candidate for elective office of a local agency shall not, directly or indirectly, solicit a political contribution from an officer of that agency, or from a person on an employment list of that agency, with knowledge that the person from whom the contribution is solicited is an officer or employee of that agency. 2. Allowable request for contributions. It is allowable to request political contributions from officers or employees of that agency if the solicitation is made as a part of a global solicitation. For example, a political candidate would not be in violation of this section if a city employee received campaign material at their home if the same materials were delivered to all National City homes. (a) This section shall not prohibit an officer or employee of a local agency, or a candidate for elective office in a local agency, from requesting political contributions from officers or employees of that agency if the solicitation is part of a solicitation made to a significant segment of the public, which may include officers or employees of that local agency. 3. Violation of this section can be punishable by a misdemeanor. (a) Violation of this section is punishable as a misdemeanor. The district attorney shall have all authority to prosecute under this section. C. Promises of compensation are prohibited. Section 3205.5 provides that a person seeking election or appointment shall not make promises or arrange for an employee's compensation in exchange for personal gain. Violation of this section is punishable by imprisonment in county jail for up to one year, a fine of up to $5,000 or both such fine and imprisonment. 2 Restrictions and Allowable Political Activities August 14, 2012 No one who holds, or who is seeking election or appointment to, any office shall, directly or indirectly, offer or arrange for any increase in compensation or salary for an employee of a local agency in exchange for, or a promise of a contribution or loan to any committee controlled directly or indirectly by the person who holds, or is seeking appointment or election to, an office. D. Political activities while in uniform are prohibited. Section 3206 provides the following: No officer or employee of a local agency shall participate in political activities of any kind while in uniform. E. Political activities during the workday are prohibited. Section 3207 provides that a local agency may prohibit officers and employees from engaging in political activity during working hours, and to prohibit political activities on the premises of the local agency. 1. Section 802(f) of the Civil Service Rules prohibits unauthorized possession or use of City equipment, facilities, or property, which would include such possession or use for political activities. Generally, City employees may engage in political activities during their off -duty hours, as long as work performance is not affected. 2. Officers or employees are permitted to solicit and receive contributions related to ballot measures affecting working conditions if not prohibited by the City. Section 3209 provides that a local agency may prohibit such activities during working hours, and may prohibit entry into government offices for such activities. Nothing in this chapter prevents an officer or employee of a state or local agency from soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of officers or employees of such state or local agency, except that a state or local agency may prohibit or limit such activities by its employees during their working hours and may prohibit or limit entry into governmental offices for such purposes during working hours. Please see National City Municipal Code Section 3.32.030 for further limitations and restrictions placed by the City. F. Public moneys cannot be spent on elections. Section 85300, The Political Reform Act, provides that "no public officer shall expend and no candidate shall accept public moneys for the purpose of seeking elective office." Violation of Section 85300 is punishable as a misdemeanor. 3 Restrictions and Allowable Political Activities August 14, 2012 G. Use of public resources cannot be used for campaign activities. Section 8314 provides the following: ... it is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law. II. Criminal Sanctions for Certain Political Activities A. Seeking reimbursement with City funds for political activities is a crime. Penal Code Section 72.5 (b) provides the following: Every person who, knowing a claim seeks public funds for reimbursement of costs incurred to gain admittance to a political function expressly organized to support or oppose any ballot measure, presents such a claim for allowance or for payment to any state board or officer, or to any county, city or district board or officer authorized to allow or pay such claims is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. B. Misappropriation of public funds is prohibited. Penal Code Sections 424 and 504 provide that it is a crime to misappropriate public funds and property, respectively. Depending on the amount of funds or value of property which has been misappropriated, violation of these sections may be punishable as a misdemeanor or as a felony. III. National City Municipal Code Contribution Solicitation. Section 3.32.030 provides the following: No officer, agent, clerk or employee under the government of the city and no candidate for any city office shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription, contribution or political service whether voluntary or involuntary for any political purpose whatsoever from anyone on an employment list or holding any position under the provisions of this title. No officer or employee in the competitive service shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription or contribution whether voluntary or involuntary for any purpose affecting his working conditions from any person other than an officer or employee in the competitive service. (Emphasis added.) 4 Restrictions and Allowable Political Activities August 14, 2012 IV. Case Law A body of case Law has developed in the area of the use of public funds, facilities and employees for political purposes. From this case law, we can better understand permitted and restricted activities. It is now clear that a city and its officials may engage in "lobbying" activities. "Lobbying" activities mean contacting or meeting with members of another legislative body or administrative agency, to urge passage or defeat of particular legislation or administrative regulation that is being considered by that other body or agency. A. Promotional campaign activities are prohibited while on duty and public funds cannot be expended. A city and its officials may not, during on -duty time, engage in, nor expend public funds on, "promotional" campaign activities. "Promotional" activities mean directly urging the voters to vote for or against a particular candidate or ballot measure. (Stanson v. Mott (1978) 17 Cal. 3d 206, 130 Ca1.Rptr. 697). Similarly, it has been held that use of public funds to urge members of the public to contact their legislators concerning a matter within the legislators' jurisdiction is impermissible. (Miller v. Miller (1978) 87 Ca1.App. 3d 762, 151 Cal.Rptr. 197). B. Promotional Activities. Challenges to use of public funds for promotional campaign activities have generally been on the basis that they are not authorized by law, and that such activities are violate of the First Amendment. As stated in Stanson v. Mott: A fundamental precept of this nation's democratic electoral process is that the government may not "take sides" in election contests or bestow an unfair advantage on one of several competing factions. A principal danger feared by our country's founders lay in the possibility that the holders of governmental authority would use official power improperly to perpetuate themselves, or their allies, in office (citation omitted); the selective use of public funds in election campaigns, of course, raises the specter of just such an improper distortion of the democratic electoral process. This concept is codified in Subsection (a) of Government Code Section 54964, which provides that an officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters. Such activities are considered "promotional" in nature. C. Informational Activities. In contrast to prohibited campaign promotional activities, use of public funds for objective informational activities is permitted. Subsection (c) of Government Code Section 54964 provides: This section does not prohibit the expenditure of local agency funds to provide information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the local agency, if both of the following conditions are met: 5 Restrictions and Allowable Political Activities August 14, 2012 (1) The informational activities are not otherwise prohibited by the Constitution or laws of this state. (2) The information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure. The line between promotional activities and informational activities is not always clear. In Stanson v. Mott, cited above, the court stated that "the determination of the propriety or impropriety of the expenditure depends upon a careful consideration of such factors as the style, tenor, and timing of the publication; no hard and fast rule governs every case". D. Examples of promotional activities: 1. Any act of advocacy by the public entity or a public official acting in his or her official capacity. (League of Women Voters v. Countywide Criminal Justice Coordinating Comm. (1988) 203 Ca1.App. 3d 529, 250 Ca1.Rptr. 161.) 2. Use of public funds to purchase items such as bumper stickers, posters, or television and radio spots. (Stanson v. Mott, above). 3. Dissemination of city publications, which are not merely informational but promotional (Stanson v. Mott, above). 4. Dissemination at public expense of campaign literature prepared by private proponents or opponents of a measure. (Stanson v. Mott, above). 5. Use of public employees during working hours to engage in promotional activities. (Stanson v. Mott, above). 6. Use of public employees by a public official to solicit contributions, plan campaign strategy, coordinate volunteers, or prepare a campaign budget. (FPPC v. Suitt (1979) 90 Ca1.App. 3d 125, 153 Ca1.Rptr. 311). 7. Use of public employees and funds to distribute postcards to citizens. (California Common Cause v. Duffy (1987) 200 Ca1.App. 3d 730, 246 Ca1.Rptr. 285). E. Examples of informational activities: 1. Written report by city manager, presentation of staff reports at public meetings, distribution of one -page leaflets, article in city newsletter and posting on city's website, all describing reductions in facilities, services, and programs which would result from passage of measure repealing utility user's tax. (Vargas v. City of Salinas (2009) 46 Cal. 4th 1, 92 Ca1.Rptr. 3d 286.) 2. Stating a position on a measure at a public meeting. (Choice -in -Education League v. Los Angeles Unified School District (1993) 17 Ca1.App. 4th 415, 21 Ca1.Rptr. 2d 303). 6 Restrictions and Allowable Political Activities August 14, 2012 4. Preparation of and sending a neutral, informational letter to other public officials about a measure. (League of Women Voters, above). 3. Elected and appointed officials joining as individuals in a citizen's group advocating a position on a measure. (League of Women Voters, above). 5. Preparation of and distribution of an objective statement of facts about a measure in response to a citizen's request (Stanson v. Mott, above). 6. Authorization of a city employee to present the city's view on a measure at a meeting of a public or private organization, when requested by such organization. (Stanson v. Mott, above). V. CONCLUSION Please be advised that engaging in impermissible activities can lead to serious consequences. If any City officers, employees, or candidates engage in inappropriate spending of public funds for political activities the penalties can include civil suits for declaratory and injunctive relief, for violation of the campaign reporting requirements of the Political Reform Act, for violation of civil rights protected by the First Amendment, and for reimbursement for the expenditure of public funds. Further, such impermissible expenditures may be the basis for criminal prosecutions for misuse of public funds or for embezzlement by a public officer. Specific in. - s on the above issues should be directed to the City Attorney's Office. 1 1 �, -,Ii 11. pm;'a Gac' —a City Atto 7 Restrictions and Allowable Political Activities August 14, 2012 ITEM # 34 6/18/13 STAFF REPORT - CAMP WINGS UPDATE (LIBRARY) ITEM # 35 6/18/13 CDBG HOME ALLOCATION UPDATE (ALFREDO YBARRA, HOUSING & GRANTS)