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HomeMy WebLinkAbout2013 07-02 CC HA AGENDA PKTRON MORRISON 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. NA TIONALCITYCA. GO V 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, JULY 02, 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 less 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 7/2/2013 — 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 audibfonos 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 7/2/2013 — 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. A Certificate of Appreciation presented to Corporal Steve Villariasa for his outstanding service to our community (Police) 2. Overview of "San Diego Forward: The Regional Plan" (San Diego Association of Governments) 3. 2nd Annual "Career Pathways to Success" Job Fair - Presented by Jacqueline Reynoso, National City Chamber of Commerce and Diane Rose, South County Career Center INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 4. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of June 4, 2013. (City Clerk) 5. Resolution of the City Council of the City of National City accepting a temporary encroachment permit agreement between the City of National City and Alturas Imperial, LLC, granting an easement for the installation and maintenance of a portion of a private parking lot on a City -owned parcel created by the street vacation of a portion of G Avenue south of E. 24th Street. (Engineering) 6. Resolution of the City Council of the City of National City authorizing installation of 72 feet of red curb "No Parking" on the south side of E. Plaza Boulevard east of "B" Avenue to enhance safety and access at the existing MTS Bus Stop. (TSC-2013-12). (Engineering) CC/CDC Agenda 7/2/2013 — Page 4 7. Resolution of the City Council of the City of National City authorizing installation of approximately 80 feet of red curb "No Parking" between the driveway aprons of 1339 and 1401 E. Division Street to enhance safety and access at the existing MTS Bus Stop. (TSC-2013-11) (Engineering) 8. Resolution of the City Council of the City of National City authorizing changes to curbside parking and passenger loading on E. Division Street adjacent to El Toyon Elementary School to enhance safety and access. (TSC-2013-13). (Engineering) 9. Resolution of the City Council of the City of National City authorizing the donation of a 1991 Beck fire engine, firefighting gear, and miscellaneous surplus equipment to assist the City of Tecate, Baja California, Mexico, in accordance with Municipal Code Chapter 2.42 - Disposal of Surplus City Property, Section 2.42.040B. (Finance/Fire) 10. Resolution of the City Council of the City of National City confirming the account of costs of Weed Abatement. (Fire) 11. Resolution of the City Council of the City of National City authorizing termination of Joint Exercise of Powers Agreement Creating the San Diego Area Housing and Finance Agency, a Joint Powers Authority, and granting authority to the President and Secretary of the agency to execute documents for purposes of closing out the affairs of the agency. (Housing, Grants, and Asset Management) 12. Resolution of the City Council of the City of National City authorizing a Fiscal Year 2013 budget adjustment by ratifying an increase of $177,500 to the Liability Insurance Fund Workers Compensation Claim Costs appropriation and a reduction of $177,500 to the fund balance of the Liability Insurance Fund to meet time -sensitive Workers' Compensation obligations. (Finance) 13. Resolution of the City Council of the City of National City authorizing a Fiscal Year 2013 budget adjustment by ratifying the establishment of a General Fund revenue budget of $2,711,363.80 and an increase of $2,711,363.80 to the Capital Improvement Program appropriation to account for funds received from the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") for the City of National City to carry out obligations of Recognized Obligation Payment Schedule III. (Finance) 14. Warrant Register #48 for the period of 05/22/13 through 05/28/13 in the amount of $2,739,423.14. (Finance) 15. Warrant Register #49 for the period of 05/29/13 through 06/04/13 in the amount of $1,455,513.60. (Finance) CC/CDC Agenda 7/2/2013 — Page 5 16. Temporary Use Permit - 22nd Annual Automobile Heritage Day & Parade hosted by the National City Chamber of Commerce at Kimball Park on August 4, 2013 from 8 a.m. to 4 p.m. This is a National City co -sponsored event per City Council Policy No. 804 (Neighborhood Services) 17. Request to use the Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for the "Salute to Navy" luncheon on Wednesday, October 2, 2013, from 8:00 am to 3:00 pm. This event is co -sponsored by the City. (Public Works) PUBLIC HEARINGS 18. Public Hearing confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2013/14. **Companion Item #19** (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 19. Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2013/2014. **Companion Item #18** (Planning) 20. Resolution of the City Council of the City of National City to award independent auditing services of the City of National City to Pun & McGeady, LLP for the fiscal years ending June 30, 2013 to June 30, 2015 in an amount not to exceed $60,000 with the option to extend the contract for each of the two (2) subsequent fiscal years. (Finance) NEW BUSINESS 21. Request to use the Multi -Use Field at El Toyon Park by NFL Play 60 Character Camp on July 17 and July 18, 2013, from 8:00 am to 2:00 pm each day, for approximately 300 youths. Applicant is requesting a waiver of fees. (Public Works) 22. Authorizing the Mayor to sign a letter supporting the June 7, 2013 letter from the Environmental Health Coalition to the San Diego Unified Port District. (City Manager) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CC/CDC Agenda 7/2/2013 — Page 6 NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 23. Update on Boys & Girls Club and Tiny Tots Program. (Community Services) 24. "National Night Out" Update (Police) 25. Report on the Procedures to be followed for the Adjournment of the City Council and Parking Authority Meetings of July 16, 2013. (City Clerk) MAYOR AND CITY COUNCIL 26. Request Council to go on record in support of the goal to create regional water reuse plan so that both new, local, diversified water supply is created and maximum offload at Point Loma is achieved to support federal legislation for "permanent" acceptance of advanced primary at Point Loma, minimize ultimate Point Loma treatment costs and most effectively spend ratepayer dollars due to successful coordination between water and wastewater agencies. (Council initiated) CLOSED SESSION REPORT ADJOURNMENT Dispensing with the July 16, 2013 Regular Meeting of the City Council/Community Development Commission - Housing Authority of the City of National City and adjourning to the Adjourned Regular Meeting of the City Council/Community Development Commission - Housing Authority of the City of National City - Tuesday - August 6, 2013 - 5:00 p.m. - Council Chambers - National City, California. ITEM # 1 7/2/13 A CERTIFICATE OF APPRECIATION PRESENTED TO "CORPORAL STEVE VILLARIASA FOR HIS OUTSTANDING SERVICE TO OUR COMMUNITY" (POLICE) ITEM # 2 7/2/13 OVERVIEW OF "SAN DIEGO FORWARD: THE REGIONAL PLAN" (SAN DIEGO ASSOCIATION OF GOVERNMENTS) ITEM #3 7/2/13 REPORT TO CITY COUNCIL NATIONAL CITY, CA 2nd Annual "Career Pathways to Success" Job Fair Presented by the National City Chamber of Commerce and South County Career Center Report prepared by Jacqueline L. Reynoso, President/ CEO National City Chamber of Commerce 7/2/2013 7/2/2013 Report to City Council National City, CA 2n.d Annual "Career Pathways to Success" Job Fair SUMMARY The National City Chamber of Commerce partnered with the City of National City and the South County Career Center, San Diego Business Services division to deliver the 2nd Annual "Career Pathways to Success" Job Fair. The job fair was held at the Martin Luther King Community Center located at 140 East 12th Street, National City, CA 91950. The event date was Wednesday, April 3, 2013. More than 800 job seekers attended the job fair, of which 21% were National City residents. National City currently has the highest unemployment rate in the county of San Diego. While the unemployment rate has decreased from 18% in 2012 to 15% in 2013, the statistics still warrant much attention. This job fair is organized annually to promote job creation and economic development in National City. "National City is taking a proactive approach to reducing the City's high unemployment rate. This job fair is a workforce development vehicle to get National City residents back to work, regain. their buying power, and contribute to our local economy. "— Jacqueline Reynosa, President/ CEO, National City Chamber of Commerce. Thirty -Eight (38) area employers from the healthcare services, hospitality sector, maritime industry, retail, as well as other key industry sectors participated in the job fair. Employers offered employment opportunities for 660 local jobs in addition to 1000 Homeland Security jobs. We welcomed 15 resource agencies to provide technical assistance, career development, on site resume review, one on one career training consultations, introductions to training programs, and volunteer opportunities. This year we also collaborated with the Small Business Development Center at Southwestern College to offer the new onsite Entrepreneurship Center (EC). The new EC featured representatives from eight (8) economic development agencies including the Foundation for Women; International Rescue Commission (IRC); City of National City Licensing Division; ACCION; SBDC Entrepreneur Library; SCORE; Youth Entrepreneurship Program; and the Virtual Empowerment Counselor. Mini workshops were held on the topic of How to Start Your Own Business. 1� 7/2/2013 2013 UNEMPLOYMENT PERCENTAGES FOR NATIONAL CITY, CALIFORNIA Month/Year National City% California% National % 1 / 2013 16.6% 10.4% 7.9% 2 / 2013 15.5% 9.7% 7.7% 3 / 2013 15% 9.4% 7.6% 2012 UNEMPLOYMENT PERCENTAGES FOR NATIONAL CITY, CALIFORNIA Month/Year National City% California% National % 1/2012 18.2% 11.4% 8.3% 2 / 2012 18% 11.3% 8.3% 3 / 2012 17.8% 11.1% 8.2% 4 / 2012 16.6% 10.3% 8.1% 5 / 2012 16.8% 10.3% 8.2% 6 / 2012 17.7% 10.7% 8.2% 7 / 2012 18.2% 11% 8.2% 8 / 2012 17.6% 10.5% 8.1% 9 / 2012 16.5% 9.8% 7.8% 10 / 2012 16.6% 9.8% 7.9% 11 / 2012 16.1% 9.6% 7.8% 12 / 2012 15.8% 9.8% 7.8% 20 7/2/2013 PARTNERSHIP This job fair was made possible through the generous support of numerous community partners and business leaders. Supporters include 8 organizing committee members, 3 community partners, 3 financials sponsors, 38 employers, 15 resource partners, 8 business development agencies, and 26 volunteers. Committee Members • Mona Rios, City of National City • Leslie Deese, City of National City • Diane Rose, South County Career Center • Leo Alarcon, South County Career Center • Jacqueline Reynoso, National City Chamber of Commerce • Michelle Luna, National City Chamber of Commerce • Carol Wiley, Small Business Development Center • Debbie Trujillo, Small Business Development Center Community Partners • National City Chamber of Commerce • City of National City • South County Career Center • SWC Small Business Development Center Sponsors To help cover event costs, the National City Chamber of Commerce secured financial support from the following chamber members. This job fair is unique in that we are able to provide both a hearty breakfast and lunch to our participating employers. • American Medical Response • Ethnic Deli Cafe • Roberto's Catering Services Employers National City employer Pasha Automotive Services and other regional employers including Rady Children's Hospital, Goodrich, and Sea World offered employment opportunities from high tech to manufacturing positions, to entry level retail and hospitality. Of the 38 participating employers, 19 (50%) were National City based companies. The list below includes all participating employers categorized under industry sectors. It was unbelievable the number of people who attended, I spoke to so many people who were interested in our services or new of someone who would be interested. Overall I think it was a huge success and look forward to continue to bring resources to the community. Thank you! - Maria T. Montano, Acci.on San Diego 30 Healthcare (7) Rady Children's Hospital Paradise Valley Hospital American Medical Response ResCare Home Care San Ysidro Health Centers Plaza Personnel La Maestra Health Center Maritime (6) BAE Industries PASHA Continental Maritime San Diego Unified Port District Homeland Security Goodrich/UTC Hospitalitv/Retail (9) SeaWorld/Aquatica Water Park Lowes Hotel Advantage Sales and Marketing Clarion Hotel Wal-Mart Goodwill New Car Dealers Association O'Reilly Auto Parts Five Star Tours Other Industries (17) Say San Diego National City Police Department National City Human Resources La Vista Memorial Park Point Loma Credit Union CINTAS South Bay Family YMCA ITT Technical Institute Social Security Administration San Diego Registrar of Voters The Hartford Universal Protection City of San Diego Advantage Employment Solutions YALLA, Inc. Filipino Press Western & Southern Life 7/2/2013 4© Resource Agencies • SWC Nursing Program • SWC Medical Laboratory Program • SWC Dental Program • SWC Paramedic Program • SWC Crown Cove CPR and First Aid • SWC Family Resources • MAAC Switch Program • Olive Woods Garden • San Diego District .Attorney Office • Turning the Hearts Center • San Diego Regional Enterprise Zone • Center for Employment Training • Maritime Training School • CACT Shipworks Institute • State of California Vet Assistance Economic Development Partners • Foundation for Women • International Rescue Commission (IRC) • City of National City Licensing Division • ACCION • SBDC Entrepreneur Library • SCORE • Youth Entrepreneurship Program • Virtual Empowerment Counselor Volunteers Our organizing committee engaged the assistance of 26 volunteers from the following agencies: • South County Career Center • National City Chamber of Commerce • Jobing.com • Imperial Beach Community Clinic • Public Consulting Group • Turning the Hearts Center • Employment Development Department Services 7/2/2013 Debbie Trujillo of the Small Business Development Center shared that "the SBDC is pleased to host the Entrepreneurship Center at this year's Job Fair because we know that there are many individuals in the community that have considered starting a business as a way to generate extra inane. We've designed the area for attendees to explore some fun and exciting business resources, information and mini - workshops.,, The job fair provided a host of services to job seekers including: • 154 resume reviews • A NEW Entrepreneurship Center • Free technical assistance 50 7/2/2013 • Career development • One on one career training consultations • Introduction to training programs • Volunteer opportunities MARKETING Job fair promotion included various strategic outreach methods to increase attendance from National City job seekers. The National City Chamber of Commerce printed and distributed 20,000 fliers, 200 posters, and reached over 25,000 people via our collective network of social media sites. Social Media • National City Chamber of Commerce Facebook, twitter, and website • South County Career Center Facebook, twitter, website, and database • City of National City Facebook and website Community Promotion • Jobing.com (Facebook) • South County Economic Development Council (Facebook) • Cox Communications (Facebook) Direct Outreach • Flier distribution to all 6,250 youth and their parents in the National School District • Emailed flier and notice to over 50 faith based organizations • Apostolic Assembly posted the job fair flier on their Sunday bulletin • Faith Community Church posted the job fair flier on their Sunday bulletin Publications • Chamber News • Filipino Press News Coverage • Onsite interview with Televisa Business Storefronts (100) • School House Plaza • Home Town Buffet • Chuze Fitness • Point Loma Credit Union • Food 4 Less • Sweetwater Town and Country Shopping Center • Carnival Supermarket • Valerio's Bakery • Living Room Cafe • City of National City • Ethnic Deli • National City Public Library 60 • Nutrition Center • Red Bird Market • Sweetwater High School • Sam's Beauty Supply • American Insurance • Rent A Center • Chuck E Cheeses • Royal Mandarin Restaurant • Chinese Canton Bakery • Ideal Nutrition • O'Reily Auto Parts • Jackson Hewitt • Lisa's Filipino Cuisine • Dentist • Tortas Oasis • Bens Wig & Beauty Supply • Everything Under $10 • Smart N Final • Supercuts • Adriana's Insurance Services • Dickies Store • Fast Signs • Pure Water • Payless • Price Breakers: D&A Jeweler • Xpression • City Wok Buffet • Tutti Frutti • The BBQ Pit • Papa Johns • Fiesta Pet Shop • Xenia Fashion • Optometrist • Gamestop • Hawaian Island BBQ • Ecosway • Iko Party Supply • Laitai • Goldy Locks • Seafood City • Casa De Oro • Staples • Frazee Paint 7/2/2013 70 • Pet Market • Town & Country Dental • AVIS • Continental Cleaners • Mor Furniture • Mail Plus • Verizon Wireless • More Style • One Main • Sally Beauty • CVS • LA Fitness • Pacific Health Systems • Denny's • Pizza Hut • Subway • L&L Hawaiian Food • Starbucks • California coast • Ginza Sushi • Chic Boy • Tapioca Express • Filipino Desserts • T Mobile • Sari -Sari • BPI Remittance • Plaza Pharmacy • Oriental Market • Valerio's Bakery • HOA Barber • Red Robin Bakery • PNB Global Remittance • Samsung PCS • Karihan Filipino • Subway • Goody's Sushi • In-N-Out • Denny's 7/2/2013 8 TOTAL JOB SEEKER STATISTICS Job Fair Year 2013 2012 Partici • ants 800 593 Residence South County National City Unemployed 59.79% 21% 64.5% 43.2% 13.4% 80% Job Fair Year Unemployed 2013 64.48% Unemployed > 6 months 32.15% H.S. Diploma 60.28% B.A. or Associates 31.22% Household Income < $15,000 50.39% Career Center Marketing 36.48% NATIONAL CITY JOB SEEKER STATISTICS 21% of all job seekers were from the City of National City • 58.3% of National City job seekers reported that they were currently unemployed Age and Household Income of National City Job Seekers Age 15 - 25 yrs 26.5% 26-40 yrs 28.8% 40-55 yrs 32.6% 7/2/2013 55+ yrs 11.4% Household Income $0 - $15,000 $15,000 - $30,000 $30,000 - $45,000 Over $45,000 46.2% 28.0 13.6% 4% 9© 7/2/2013 Recommendations for Next Year Based on a wrap up meeting conducted with the job fair organizing committee, the following recommendations were suggested to improve next year's job fair. Entrepreneurship Center • The Entrepreneurship Center should be more integrated into the main room to attract more participants or placed in the hallway of MLK Community Center • Prize Drawings were successful and engaged job seekers to interact with booths Sound • Ensure that the PA System is loud enough to make important announcements • Rent radios to communicate among organizers Overall • Incorporate more prize drawings • Work with City of National City to Designate event parking on the street • Require employers to sign a disclosure form to prohibit sale of products or services at the job fair. This is a free event. Ernployer Follow up • Request follow up report to assess the number of hires resulting from the job fair • Create a job fair video that includes past year's event, testimonials, photos, etc. • Provide referral sheet to job seekers as they exit the job fair. The referral sheet should include workforce development resources and contact information as well as tips on how to follow up with employers. "My sincere thanks to all of you for the excellent job and outstanding work put into making the Job Fair the success it was! Thank you!!" - Leslie Deese, City Manager, City of National City to Item # 4 07/02/13 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JUNE 4, 2013. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: July 2, 2013 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a temporary encroachment permit agreement between the City of National City and Alturas Imperial, LLC, granting an easement for the installation and maintenance of a portion of a private parking lot on a City -owned parcel created by the street vacation of a portion of "G" Avenue, south of East 24" Street. PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Engineering 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 kTTACHMENTS: 1. Explanation 2. Encroachment Agreement 3. Resolution EXPLANATION On December 18, 2012, the City Council passed Resolution 2012-246 authorizing the vacation of a portion of G Avenue south of E. 24th Street and authorized the execution of an order to vacate said portion of E. 24th Street. The underlying fee title of the street ordered to be vacated was held by the City of National City, thereby creating a separate city owned parcel. Alturas Imperial LLC is currently developing the adjacent parcel located at 700 E. 24th Street into an office building for use by the Social Security Administration. The developer has offered to purchase the land from the City of National City to accommodate additional off-street parking for the office building. Currently the purchase of the city owned parcel has not been completed and will be delayed until an Assessor's Parcel Number is assigned to the new lot. To prevent delays with the site development, Alturas Imperial LLC has requested that the City of National City grant a temporary Encroachment Permit Agreement for the construction and maintenance of that portion of the parking lot that will be on city property. This temporary agreement expires on the 2nd day of November, or upon purchase of the property from the City, whichever occurs first. FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, Alturas Imperial, LLC ( hereinafter referred to as "OWNER"), in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right-of-way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility, or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in Exhibit'B", attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of OWNER's land or property described above, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. A copy of this Encroachment Agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 4. OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, clpims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance, and use of the owner's encroachment. 5. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Encroachment Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) clays prior written notice to CITY of cancellation or material change. Prior to commencement of this Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement. 6. The full terms and conditions under which this Encroachment Permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. This Encroachment Permit is temporary in nature and expires on the 2nd day of November, 2013, or upon purchase of the property by the OWNER from the CITY, whichever happens first. b. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment. c. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense, 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: CITY OF NATIONAL CITY PERMITTEE (OWNER): 4G % /J24-S / rn%3e/7/-e.-L C Ron Morrison, Mayor Entity/Company Signature Cr SFr Zi Name & Title f litane yer Signature Name & Title ATTACH NOTARY CERTIFICATION FOR 1HE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. 2 Encroachment Permit and Agreement (Commercial)) PERMITTEE/APPLICANT INFORMATION: �. ,�rJ6/404-), Person in Responsible Charge 2/ 954/- 9z8'0 24/7 Phone Number G>2 c) Firm Name Mailing Address: /Zb7s ZQy gu,' )7e i4 Ge/79 920&4‘ PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 3 Encroachment Permit and Agreement (Commercial)) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of C �) Ori °J L tp ('? before me, Here Insert Name and Title of the Officer personally appeared C! c4,-i J • } Anne Mangour; Notary Public Name(s) of Signer(s) ANNE MANSOUR Commission # 1940873 z Notary Public - California zD Orange County My Comm. Expires Jul 11, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name(d'.= - subscribed to the within instrument and acknoWledged to me tha WA • - executed the same in sr,Rkieiir- authorized capacityfies), and that by signature() on the instrument the person( or the entity upon behalf of which the person • 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 Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document C� Ob .� �z Title or Type of Document:—Ek_PA.Qa . �„ • R e i it`, Number of ages: land and official seal. Signature of NotIi Public Document Date: J "` (5 i ✓-o t 3 • Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s)) Signer's Name: CM -Lb- ' U l ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ limited 0 General O Attorney in Fact ❑ Trustee O Guardian or Conservator O Other: Signer, Is Representing: IN Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual 0 Partner - 0 Limited ❑ General 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: ner Is Representing: B 2012 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A PORTIONS OF A PARKING LOT TO INCLUDE TYPE G-1 CURB, LANDSCAPING, DEPRESSED LANDSCAPE BASIN, NEW ASPHALT CONCRETE PAVEMENT OF 2.5 INCHES OF ASPHALT OVER 6 INCHES OF BASE MATERIAL, DRAINAGE RIP -RAP, VERTICAL PARKING STRIPES AND OTHER APPURTENANCES NECESSARY FOR THE COMPLETE INSTALLATION AND MAINTENANCE OF THE PARKING LOT. EXHIE..IT % LEGAL DESCRIPTION THE WESTERLY 15.00 FEET OF THE EASTERLY 25.00 FEET OF "G' AVENUE, SAID "G' AVENUE BEING FORMERLY AN UNNAMED STREET (80.00 FEET WIDE) WITHIN FLORA M. KIMBALL'S SUBDIVISION OF A PORTION OF QUARTER SECTION 152 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 44, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 30,1888. EXCEPTING THEREFROM ANY PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF 24TH STREET (80.00 FEET WIDE). ALSO, EXCEPTING THEREFROM ANY PORTION LYING SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND 194.00 FEET SOUTHERLY OF SAID SOUTHERLY RIGHT-OF-WAY LINE OF 24TH STREET. FOR ILLUSTRATION PURPOSES A PLAT, LABELLED EXHIBIT "B", IS ATTACHED HERETO AND BY THS REFERENCE MADE A PART HEREOF. Page 1of1 I 30' 30' I 241H NOT TO SCALE - - APN 562-071-07 MU M. MB=It I ,og�) Y� J 25TH Proposed Encroachment EXHIBIT "B'• APN 582-072-01 ALLEY (cLosED) SEIROBVISDNII dOTT9Qo20 $ STREET (C ) PLANS PREPARED aYY: SPEAR. & SSO�TE�C. CIVIL EN0INE Nip D iN N POS PROMOTION 920711 liDNE 0 �� SANM AO 7Eb-4S66 t� ` _ _ i Se NI 12-2t7 R A D CERTIFICATE OF LIABILITY INSURANCE DATENIAID0"""' oaro32013 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, TIME BY THE POLICIES AUTHORIZED A CONTRACT BETWEEN THE ISSUING INSURER(S), IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(fes) must be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MICHAEL EHRENFELD COMPANY ATTENTION; FRED LIEBEL 2855 CAMINO DEL RIO N #200 SAN DIEGO CA 92108 CONTACT FRED LIEBEL NAME: alIA�r. 519-398.2013I FIVIZ.Nel: 619 ti89 9999 ADDRESS: fmeehrenfeldinsurance.com INSURERIB) AFFORDING COVERAGE NAIL e INSURER A: GREAT AMERICAN INSURANCE COMPANY IRRVRMO THE CITY OF NATIONAL CITY CITY HALL 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 INSURERS : INSURER C: INSURERD: INSURER E: INSURER F: • W V CROW.G. v..•• • ,• .v.,. r •.v..,�••- THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DER TYPE OF INSURANCE PIADDL MR SUBR Wu POUCT NUMBER PCO �/YYYYI CDIYYYY EXPY I LIMRS GENERAL — LIABILITY COMMERCIAL GENERAL LIABILITY BIND R01115-032913.25070A 04/03/2013 04/03/2014 EACH NCE f 1,000,000 (O�C PREMISESD fE f X°°°( LED EXP (Any sn. Per 00 f XX0000000 XX 1 OLAIM6•MADE OCCUR PERSOw1l a ADV INJURY f A X OWNERS & CONTRACTORS GENERAL AGGREGATE f 2.000.000 CG 00 0912 07 POLICY FORM PRODUCTS - COMP/OP AGG $ XXXXXXXX ' GENL AGGREGATE LINT APPLIES PER J� POLICY [T I'M El Loc $ AUTOMOBILE — — — UA!ILMf ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED NON-OWNEDAUTOS AUTOS COMBINED LIMB f BODILY INJURY (Per person) $ BODILY INJURY per accident) f Pr0PERWAMAOE $ $ UMBRELLA LIAR EXCESS UAB _ OCCUR C JMS.MAOE EACH OCCURRENCE $ AGGREGATE $ $ RETENTION $ DEO WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DER CWDRE/DIXECUTNE Y❑ @ OFFICER/MEMBER datery In MO demote under N 1 A I T� uMTTS FR E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE f EA. DISEASE • POLICY LIMIT $ DESCRIPTION DESCRIPTION RE OF OPERATIONS/ LOCATIONS N VEHICLES (AMA ACORD 101, Additional Remedu Beheduk. II men spa Is nqulnd) ALTURAS IMPERIAL LLC ENCROCHMENT PERMIT FOR 700 E 24TH STREET NATIONAL CITY CA 91950 CERTIFICATE HOLDER PROOF OF INSURANCE ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, •' - WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY )1988 2010 AC • ' D CORPORATION. All rights reserved. The ACORD name and logo ere registered marks of ACORD 0 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY ENCROACHMENT PERMIT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ALTURAS IMPERIAL, LLC, GRANTING AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A PORTION OF A PRIVATE PARKING LOT ON A CITY -OWNED PARCEL CREATED BY THE STREET VACATION OF A PORTION OF "G" AVENUE, SOUTH OF EAST 24TH STREET WHEREAS, on December 18, 2012, the City Council adopted Resolution No. 2012-246 authorizing the vacation of a portion of "G" Avenue south of East 24th Street and authorized the execution of an order to vacate said portion of East 24th Street; and WHEREAS, the underlying fee title of the street ordered to be vacated was held by the City of National City, thereby creating a separate city -owned parcel; and WHEREAS, Alturas Imperial, LLC, is currently developing the adjacent parcel located at 700 East 24th Street into an office building for use by the Social Security Administration; and WHEREAS, the developer offered to purchase the land from the City to accommodate additional off-street parking for the office building, but the transaction has not been completed and will be delayed until an Assessor's Parcel Number is assigned to the new parcel; and WHEREAS, to prevent delays with the site development, the developer has requested that the City enter into a temporary Encroachment Permit Agreement granting an encroachment for the construction and maintenance of that portion of the parking lot that will be on city -owned property; and WHEREAS, the temporary Encroachment Permit Agreement will expire on November 2, 2013, or upon the purchase of the property from the City, whichever occurs first. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a temporary Encroachment Permit Agreement granting an easement to Alturas Imperial, LLC, for the construction and maintenance of a private parking lot on a currently City -owned parcel created by the street vacation of a portion of "G" Avenue, south of East 24th Street, which expires on November 2, 2013, or upon the purchase of the property from the City, whichever occurs first. Said Encroachment Permit Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of July, 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: July 2, 2013 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of 72 feet of red curb "No Parking" on the south side of E. Plaza Boulevard east of "B" Avenue to enhance safety and access at the existing MTS Bus Stop. (TSC-2013-12) PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: 7 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: At their meeting on June 12, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to install 72 feet of red curb "No Parking" in front of 200 E. Plaza Boulevard. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on June 12, 2013 (TSC 2013-12) 3. Resolution EXPLANATION Mr. Matt Slotman, Transit Operations Technician for the San Diego Metropolitan Transit System (MTS), has requested red curb "No Parking" at the eastbound bus stop located in front of 200 E. Plaza Boulevard, just east of"B" Avenue, to enhance safety and access for passengers. Staff performed a site evaluation. The posted speed limit is 35 mph. Currently, red curb is not provided at the bus stop. As a result, when vehicles park at the bus stop, buses are forced to stop in the travel lane which causes traffic congestion, safety concerns and access issues for persons with disabilities. The length of the curb for the bus stop between "B" Avenue and the driveway apron of 222 E. Plaza Boulevard is approximately 72 feet. Staff recommends painting this entire section of curb red for "No Parking" to allow buses to pull adjacent to the curb to safely load/unload passengers. This would result in the loss of three parallel parking spaces. Staff confirmed that the nearby residential and commercial properties on the south side of Plaza Boulevard have available off-street parking. Staff sent letters with color exhibits to area residents and businesses inviting them to attend the Traffic Safety Committee Meeting held on June 12, 2013. Mr. Slotman was present at the meeting and spoke on behalf of the item. Mr. Harry Ross, resident of National City and Treasurer of the Knights of Pythias located at 200 E. Plaza Boulevard spoke in opposition of the staff recommendation. Mr. Ross stated that he and the club members, many of which are seniors, do not wish to lose parking in front of their building as it will create a hardship. The Committee asked Mr. Ross how often the club is used for meetings and events. Mr. Ross stated that members meet in the evenings approximately four times a month, and hold dinner functions once a month. He also stated that the club is rented out periodically on the weekends. He further stated that this bus stop is not used frequently and that there are nearby bus stops at Plaza Boulevard & D Avenue and Plaza Boulevard & National City Boulevard. Mr. Slotman of MTS responded that there are several bus lines that use this route and if the stop was removed, the spacing between stops would exceed MTS design guidelines. Committee members inquired as to whether or not the parking lot at the rear of the Knights of Pythias building is made available for club members during events. Mr. Ross stated that the lot is kept closed during events via a chain at the entrance. Committee members suggested to Mr. Ross that he consider opening the lot for club member parking during events. This would more than offset the loss of on -street parking at the bus stop. The Traffic Safety Committee voted unanimously to approve the staff recommendation to install 72 feet of red curb "No Parking" in front of 200 E. Plaza Boulevard, just east of "B" Avenue, to enhance safety, and access for passengers at the existing eastbound MTS bus stop. If approved by City Council, all work will be performed by City Public Works. 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 12, 2013 ITEM TITLE: ITEM N. 2013-12 REQUEST FOR RED CURB "NO PARKING" ON THE SOUTH SIDE OF E. PLAZA BOULEVARD EAST OF "B" AVENUE TO ENHANCE SAFETY AND ACCESS AT THE EXISTING MTS BUS STOP (BY M. SLOTMAN, MTS) PREPARED BY: Kenneth Fernandez, P.E., Engineering Division DISCUSSION: Mr. Matt Slotman, Transit Operations Technician for the San Diego Metropolitan Transit System (MTS), has requested red curb "No Parking" at the eastbound bus stop located in front of 200 E. Plaza Boulevard, just east of "B" Avenue. Staff performed a site evaluation. The posted speed limit is 35 mph. Currently, red curb is not provided at the bus stop. As a result, when vehicles park at the bus stop, buses are forced to stop in the travel lane which causes traffic congestion, safety concerns and access issues for persons with disabilities. The length of the curb for the bus stop between "B" Avenue and the driveway apron of 222 E. Plaza Boulevard is approximately 72 feet. Staff recommends painting this entire section of curb red for "No Parking" to allow buses to pull adjacent to the curb to safely load/unload passengers. This would result in the loss of three parallel parking spaces. The nearby residential and commercial properties on the south side of Plaza Boulevard have available off-street parking. Staff sent letters to area residents inviting them to attend the Traffic Safety Committee Meeting. STAFF RECOMMENDATION: Staff recommends installation of 72 feet of red curb "No Parking" to enhance safety and access at the eastbound bus stop located on the south side of E. Plaza Boulevard east of "B" Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2013-12 2 Stephen Manganiello From: Sent: To: Cc: Subject: Attachments: Hi Steve, Matt Slotman <Matt.Slotman@sdmts.com> Tuesday, April 30, 2013 9:22 AM Stephen Manganiello Jeff Codling RE: Bus Stop - Red Curb Plaza-B.JPG One of our operations managers requested red curb at another National City bus stop, this one serves routes 962 and 963; it's located on eastbound Plaza BI just past B Av (see attached picture, parked car is preventing the bus from accessing the sidewalk). Let me know if this seems like a good place to add red curb. Is it too late to add this request to next week's Traffic Safety Committee meeting agenda? Thanks, Matt Slotman Transit Operations Technician San Diego Metropolitan Transit System 1.00 16`h Street ian Diego, CA 92101 Matt.Slotman(cilsdmts.com p 619.238.0100 x6418 j f 619.398.9502 1 Location Map Existing MTS bus stop at 200 E. Plaza Boulevard (looking southeast) Existing MTS bus stop at 200 E. Plaza Boulevard (looking southwest) 5 Bus unable to pull curbside at existing MTS bus stop at 200 E. Plaza Boulevard due to parked vehicle (looking east) 6 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 72 FEET OF RED CURB "NO PARKING" ON THE SOUTH SIDE OF PLAZA BOULEVARD, EAST OF "B" AVENUE, TO ENHANCE SAFETY FOR AND ACCESS TO THE EXISTING SAN DIEGO METROPOLITAN TRANSIT SYSTEM BUS STOP WHEREAS, a transit operations technician for the San Diego Metropolitan Transit System ("MTS") has requested red curb "No Parking" at the eastbound MTS bus stop located in front of 200 East Plaza Boulevard to enhance safety of and access to the bus stop; and WHEREAS, after a site evaluation, staff recommends the installation of 72 feet of red curb "No Parking" on the south side of Plaza Boulevard, east of "B" Avenue, to enhance safety; and WHEREAS, at its meeting on June 12, 2013, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 72 feet of red curb "No Parking" on the south side of Plaza Boulevard, east of "B" Avenue, to enhance the safety for and access to the existing MTS bus stop located in front of 200 East Plaza Boulevard. PASSED and ADOPTED this 2nd day of July, 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 FETING DATE: July 2, 2013 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of approximately 80 feet of red curb "No Parking" between the driveway aprons of 1339 and 1401 E. Division Street to enhance safety and access at the existing MTS Bus Stop. (TSC-2013-11) PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: 2 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: 1J FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: At their meeting on June 12, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to install approximately 80 feet of red curb "No Parking" in the vicinity of 1349 E. Division Street. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on June 12, 2013 (TSC 2013-11) 3. Resolution EXPLANATION Mr. Matt Slotman, Transit Operations Technician for the San Diego Metropolitan Transit System (MTS), has requested red curb "No Parking" at the westbound bus stop located in front of 1349 E. Division Street to enhance safety and access for passengers. Staff performed a site evaluation. The posted speed limit is 35 mph. Currently, red curb is not provided at the bus stop. As a result, when vehicles park at the bus stop, buses are forced to stop in the travel lane which causes traffic congestion, safety concerns, and access issues for persons with disabilities. The length of the curb between the driveway aprons of 1349 and 1401 E. Division Street is approximately 67 feet. Staff recommends painting this entire section of curb red for "No Parking" to allow buses to pull adjacent to the curb to safely load/unload passengers. This would result in the loss of three parallel parking spaces. Staff confirmed that the adjacent residential properties have available off-street parking. Staff also confirmed that just west of the bus stop there is only 12 feet of curb between the driveway aprons of 1339 and 1349 E. Division Street. City design standards require a minimum of 20 feet for on -street parallel parking. Staff recommends painting the curb red as to discourage drivers from parking at this location and blocking residential driveways. Furthermore, this action would allow for buses to have additional clearance when departing the bus stop and merging into the travel lane. Staff confirmed that the adjacent residential properties have available off-street parking. Staff sent letters with color exhibits to area residents inviting them to attend the Traffic Safety Committee Meeting held on June 12, 2013. Other than Mr. Slotman, there were no additional members of the public present at the meeting to speak on this item. The Traffic Safety Committee voted unanimously to approve the staff recommendation for the following improvements to enhance safety and access at the westbound bus stop located in front of 1349 E. Division Street: 1) Install 67 feet of red curb "No Parking" between the driveway aprons of 1349 and 1401 E. Division Street; 2) Install 12 feet of red curb "No Parking" between the driveway aprons of 1339 and 1349 E. Division Street. If approved by City Council, all work will be performed by City Public Works. NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 12, 2013 ITEM TITLE: ITEM NO. 2013-11 REQUEST FOR RED CURB "NO PARKING" IN THE VICINITY OF 1349 E. DIVISION STREET TO ENHANCE SAFETY AND ACCESS AT THE EXISTING MTS BUS STOP (BY M. SLOTMAN, MTS) PREPARED BY: Kenneth Fernandez, P.E., Engineering Division DISCUSSION: Mr. Matt Slotman, Transit Operations Technician for the San Diego Metropolitan Transit System (MTS), has requested red curb "No Parking" at the westbound bus stop located in front of 1349 E. Division Street to enhance safety and access for passengers. Staff performed a site evaluation. The posted speed limit is 35 mph. Currently, red curb is not provided at the bus stop. As a result, when vehicles park at the bus stop, buses are forced to stop in the travel lane which causes traffic congestion, safety concerns and access issues for persons with disabilities. The length of the curb between the driveway aprons of 1349 and 1401 E. Division Street is approximately 67 feet. Staff recommends painting this entire section of curb red for "No Parking" to allow buses to pull adjacent to the curb to safely load/unload passengers. This would result in the loss of three parallel parking spaces. Staff also confirmed that just west of the bus stop there is only 12 feet of curb between the driveway aprons of 1339 and 1349 E. Division Street. City design standards require a minimum of 20 feet for on -street parallel parking. Staff recommends painting the curb red as to discourage drivers from parking at this location and blocking residential driveways. The adjacent residential properties have available off-street parking. Staff sent letters to area residents inviting them to attend the Traffic Safety Committee Meeting. STAFF RECOMMENDATION: Staff recommends the following improvements to enhance safety westbound bus stop located in front of 1349 E. Division Street: 1) Install 67 feet of red curb "No Parking" between the driveway 1401 E. Division Street; 2) Install 12 feet of red curb "No Parking" between the driveway 1349 E. Division Street. and access at the aprons of 1349 and aprons of 1339 and 2 EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2013-11 3 Page 1 of 1 Kenneth Fernandez From: Matt Slotman [Matt.Slotman@sdmts.com] Sent: Thursday, March 28, 2013 10:34 AM To: Stephen Manganiello Cc: Jeff Codling; Beverly Neff Subject: Bus Stop - Red Curb Attachments: 50059.bmp; 50059(2).JPG Hi Steve, I don't think we've been introduced, but 1 was recently hired with MTS as a Transit Operations Technician to help Beverly manage our bus stops. We're hoping that the City would agree to allow us to paint 25-30 feet of red curb prior to our route 967 stop on westbound Division St at Laurel Av (see attached picture). Currently, cars are parking too close to this stop (see second attachment), which doesn't allow our drivers to pick up passengers from the. sidewalk in a safe manner. Please let me know, thanks, Matt Slotman Transit Operations Technician San Diego Metropolitan Transit System 100 16th Street San Diego, CA 92101 Matt.Slotman@sdmts.com p 619.238.0100 x6418 I f 619.398.9502 5!5/20l 3 4 Existing FATS Bus Stop sign and pole to remain Proposed Rod Curb "No Parking" (No loss of legal parking spaces) Location Map 1339 E Division Street 1349 E Division Street Proposed Red Curb No Parking" (Loss of three parking spaces) Existing MTS bus stop at 1349 E. Division Street (looking northeast) East of MTS bust stop at 1349 E. Division Street (looking northwest) Vehicles parked at existing MTS bust stop at 1349 E. Division Street (looking east) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT '1EETING DATE: July 2, 2013 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing changes to curbside parking and passenger loading on E. Division Street adjacent to El Toyon Elementary School to enhance safety and access. (TSC-2013-13) PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: yio 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: At their meeting on June 12, 2013, the Traffic Safety Committee unanimously approved the staff recommendation for changes to curbside parking and passenger loading on E. Division Street adjacent to El Toyon Elementary School. 4TTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on June 12, 2013 (TSC 2013-13) 3. Resolution EXPLANATION Ms. Veronica Silva, Principal of El Toyon Elementary School, located at 2000 E. Division Street, has requested changes to curbside parking and passenger loading on E. Divisio.n Street adjacent to the school to address issues related to student drop-off/pick-up, lack of handicap parking, traffic congestion, and safety. Ms. Silva's primary concern is regarding safety of the students. She stated that some parents illegally park in red curb "No Parking" zones at the signalized "T" intersection of E. Division Street and "T" Avenue, often blocking the primary school crosswalk, to pick-up/drop-off their children. She also stated that when school buses drop-off/pick-up students on the south side of the intersection it is difficult to see students in the crosswalk. In addition, Ms. Silva has requested handicap parking in front of the school. While handicap parking is provided in the staff parking lot, the lot is closed to the public for security reasons. Therefore, disabled persons visiting the school are in need of accessible parking. She has received complaints from parents about this issue. The City Council's Disabled Persons Parking Policy allows for provision of on -street handicap parking adjacent to schools. Staff evaluated conditions in front of the school during the AM and PM school peaks and confirmed the issues presented by Principal Silva. Following the site evaluations, staff met on - site with Principal Silva to discuss changes to curbside parking and passenger loading to address these safety concerns. Staffs recommendations, which are supported by Principal Silva, are summarized below. At the meeting on June 12, 2013, the Traffic Safety Committee voted unanimously to approve the staff recommendation for the following changes to curbside parking and passenger loading on E. Division Street adjacent to El Toyon Elementary School to address issues related to student drop-off/pick-up, lack of handicap parking, traffic congestion, and safety: 1) Convert 25 feet of unrestricted parallel parking to red curb "No Parking" just west of the intersection of E. Division Street and "T" Avenue to enhance visibility at the school crosswalk; 2) Convert 40 feet of "3-Minute Passenger Loading" to two blue curb handicap parking spaces, west of the proposed red curb; 3) Convert 70 feet of "3-Minute Passenger Loading" to red curb "No Parking, School Bus Only', west of the proposed blue curb handicap parking; 4) Convert 145 feet of unrestricted parallel parking to "3-Minute Passenger Loading" (restricted from 7:OOAM-9:OOAM and 1:OOPM-4:OOPM, Monday -Friday) just east of the intersection of E. Division Street and "T" Avenue. If approved by City Council, all work will be performed by City Public Works. 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 12, 2013 ITEM NO. 2013-13 ITEM TITLE: REQUEST FOR CHANGES TO CURBSIDE PARKING AND PASSENGER LOADING ON E. DIVISION STREET ADJACENT TO EL TOYON ELEMENTARY SCHOOL TO ENHANCE SAFETY AND ACCESS (BY PRINCIPAL V. SILVA) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Ms. Veronica Silva, Principal of El Toyon Elementary School, located at 2000 E. Division Street, has requested changes to curbside parking and passenger loading on E. Division Street adjacent to the school to address issues related to student drop-off/pick-up, lack of handicap parking, traffic congestion, and safety. Ms. Silva's primary concern is regarding safety of the students. She stated that some parents illegally park in red curb "No Parking" zones at the signalized "T" intersection of E. Division Street and "T" Avenue, often blocking the primary school crosswalk, to pick-up/drop-off their children. She also stated that when school buses drop-off/pick-up students on the south side of the intersection it is difficult to see students in the crosswalk. In addition, Ms. Silva has requested handicap parking in front of the school. While handicap parking is provided in the staff parking lot, the lot is closed to the public for security reasons. Therefore, disabled persons visiting the school are in need of accessible parking. She has received complaints from parents about this issue. The City Council's Disabled Persons Parking Policy allows for provision of on -street handicap parking adjacent to schools. Staff evaluated conditions in front of the school during the AM and PM school peaks and confirmed the issues presented by Principal Silva. Following the site evaluations, staff met on -site with Principal Silva to discuss changes to curbside parking and passenger loading to address these safety concerns. Staff's recommendations, which are supported by Principal Silva, are summarized below. STAFF RECOMMENDATION: Staff recommends the following changes to curbside parking and passenger loading on E. Division Street adjacent to El Toyon Elementary School to address issues related to student drop-off/pick-up, lack of handicap parking, traffic congestion, and safety: 1) Convert 25 feet of unrestricted parallel parking to red curb "No Parking" just west of the intersection of E. Division Street and "T" Avenue to enhance visibility at the school crosswalk; 2 2) Convert 40 feet of "3-Minute Passenger Loading" to two blue curb handicap parking spaces, west of the proposed red curb; 3) Convert 70 feet of "3-Minute Passenger Loading" to red curb "No Parking, School Bus Only", west of the proposed blue curb handicap parking; 4) Convert 145 feet of unrestricted parallel parking to "3-Minute Passenger Loading" (restricted from 7:OOAM-9:OOAM and 1:OOPM-4:OOPM, Monday -Friday) just east of the intersection of E. Division Street and "T" Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2013-13 Stephen Manganiello From: Veronica Silva <Veronica.Silva@national.k12.ca.us> Sent: Sunday, June 02, 2013 6:05 PM To: Stephen Manganiello Cc: Raul Chavez Subject: SPAM:EI Toyon parking Mr. Manganiello, Thank you for meeting with me on Tuesday May 28th to discuss El Toyon's parking situation. As mentioned at our meeting, I am very concerned for the safety of our students due to the current location of our pick up/drop off area. Currently, parents pick up/drop off their children right in front of our cross walk. This has resulted in cars almost hitting our students on more than one occasion as they pull out after dropping off their children. Therefore, I would like the pick up/drop off location to be moved to the area after the red light. This will allow our students to cross the street with our crossing guard without fear of cars pulling out of the drop off section and hitting them. Furthermore, our current bus pick up/drop off zone is right in the middle of the intersection. Again, this is a concern for our students safety. I do not feel it is safe for students to be picked up or dropped off between our cross walks. Please consider moving our bus zone to the area before our intersection and our cross walk. Additionally, we need handicap parking in front of our school. The only handicap parking that El Toyon currently has is located inside the staff parking lot. This is a problem because our staff parking lot is closed to the public. Therefore, families who visit our school and are in need of handicap parking do not have anywhere to park. I have had several complaints from family members about this issue. Thank you for your attention to these matters. Please contact me if you have any further questions. Veronica Silva El Toyon Principal (619)787-7158 1 e Rancho de la Nac16n school Location Map Existing 90' of red curb "No Parking" to remain Convert 40' of unrestricted parallel parking to two blue curb handicap parking spaces Convert 70' of "34ninute passenger loading zone" to red curb "No Parking" School Buses Exempt (loss of three parking spaces) Convert 25' of unrestricted parallel parking to red curb "No Parking" to enhance visibility at crosswalk (loss of one parking space) City contractor to remove easterly crosswalk as separate project; currently posted as "No Ped Xing" El Toyon School 2000 E Division Street East leg of intersection of E. Division St and N. "T" Ave in front of El Toyon School (looking southeast) Existing red curb at intersection of E. Division St and N. "T" Ave in front of El Toyon School (looking south) 6 West leg of intersection of E. Division St and N. "T" Ave in front of El Toyon School (looking southwest) DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4, Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more_ than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided ALL of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be. in front of the applicant's (or guardian's) place of residence. 0 Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. (3) Jha:p 10 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING CHANGES TO CURBSIDE PARKING AND PASSENGER LOADING ON EAST DIVISION STREET ADJACENT TO EL TOYON ELEMENTARY SCHOOL TO ENHANCE SAFETY WHEREAS, the Principal of El Toyon Elementary School, located at 2000 East Division Street, requested changes to curbside parking and passenger loading on East Division Street adjacent to the school to address issues related student drop-off and pick-up, lack of handicap parking, traffic congestion, and safety; and WHEREAS, after a site evaluation, staff recommends the following: 1. Convert 25 feet of unrestricted parallel parking to red curb "No Parking" just west of the intersection of East Division Street and "T" Avenue to enhance visibility at the school crosswalk; 2. Convert 40 feet of "3-Minute Passenger Loading" to two (2) blue curb handicap parking spaces, west of the proposed red curb; 3. Convert 70 feet of "3-Minute Passenger Loading" to red curb "No Parking, School Bus Only" west of the proposed blue curb handicap parking; and 4. Convert 145 feet of unrestricted parallel paring to "3-Minute Passenger Loading" (restricted from 7:00 a.m. — 9:00 p.m., Monday — Friday); and WHEREAS, at its meeting on June 12, 2013, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following actions to address issues at El Toyon Elementary School related student drop-off and pick-up, lack of handicap parking, traffic congestion, and safety: 1. Convert 25 feet of unrestricted parallel parking to red curb "No Parking" just west of the intersection of East Division Street and "T" Avenue to enhance visibility at the school crosswalk; 2. Convert 40 feet of "3-Minute Passenger Loading" to two (2) blue curb handicap parking spaces, west of the proposed red curb; 3. Convert 70 feet of "3-Minute Passenger Loading" to red curb "No Parking, School Bus Only" west of the proposed blue curb handicap parking; and 4. Convert 145 feet of unrestricted parallel paring to "3-Minute Passenger Loading" (restricted from 7:00 a.m. — 9:00 p.m., Monday — Friday). --- Signature Page to Follow --- Resolution No. 2013 — Page Two PASSED and ADOPTED this 2nd day of July, 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: July 2, 2013 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the donation of a 1991 Beck fire engine, firefighting gear, and miscellaneous surplus equipment to assist the City of Tecate, Baja California, Mexico, in accordance with Municipal Code Chapter 2.42 — Disposal of Surplus City Property, Section 2.42.040B. (Finance/Fire) PREPARED BY: Debbie Lunt / Walter Amedee PHONE: 619-336-4582 / 619-336-4556 EXPLANATION: See attached Staff Report. DEPARTMENT: Finances/Fire APPROVED BY: FINANCIAL STATEMENT: APPROVED: `0f7(�,btIC Finance ACCOUNT NO. APPROVED: MIS No cost to City; however, donating the fire engine and firefighting gear versus selling at auction impacts potential revenue of approximately $15,900 and value for miscellaneous surplus equipment. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the City Council approve the donation in order to assist the City of Tecate. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Municipal Code Chapter 2.42 — Disposal of Surplus City Property 3. Resolution Staff Report: The City of National City would like to donate a fire engine, firefighting gear, and miscellaneous surplus equipment that have been phased out of service to the City of Tecate. The surplus fire engine being recommended for donation is engine number 236, a 1991 Beck fire engine with approximately 128,442 miles with an estimated value of $10,900. The total estimated value for the fire engine and firefighting gear is $15,900. The City of National City and the National City Fire Department would not incur any liability related to the fire engine's or firefighting gear's ownership, operation, or use. The City of Tecate, as the owner of the fire engine and firefighting gear, would provide all maintenance and insurance surrounding its use. Policy Requirements: According to Municipal Code Chapter 2.42 — Disposal of Surplus City Property Section 2.42.040E "Manner of Disposal", if the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 1. Through the solicitation of sealed bids in a local newspaper; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment to a vendor to sell on the City's behalf; 4. Through a negotiated agreement with another public agency, public safety organization, government agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). The donation of a surplus fire engine, firefighting gear, and miscellaneous surplus equipment to the City of Tecate meets requirement No. 4 as described above. The items listed below have been designated for donation to the City of Tecate: ITEM SERIAL NUMBER (1) 1991 Beck fire engine N/A (12) Pair of firefighting Gloves N/A (7) Nomex Hoods N/A (9) Boots N/A (15) GLOBE COATS WITH LINERS SERIAL NUMBER 46x35 1408896 49x36 1700727 46x35 2150624 44x35 2497243 44x36 1517367 44x36 2394031 44x35 2497245 42x35 215069 48x35 2424631 46+2x35 2344032 44x35 1408890 44x35 2150620 40x32 2344030 46x35 218090 (15) GLOBE PANTS WITH LINERS SERIAL NUMBERS 36x28 2344039 36x30 2497246 36x28 1517376 29x32 no number 36x28 1701899 34x30 1351504 32x34 2188096 36x30 533483 No size 2188094 36x36 2344042 36x32 2344045 40x32 2344043 34x32 2924641 42x34 150378 34x30 ) 2188093 SHT DEPT DATE ITEM DESCRIPTION QTY REASON PROP TAG FROM REC'D Video Camera, Camera lens, 3 Camera 10 1 A2658 Police 02/23/10 Camera lens, Printer, Canon speed 4 light, Minolta Auto Winder 10 1 A1500 Police 02/23/10 5 Canon AE-1 Camera, Power Winder 3 1 Police 02/23/10 7 Wall Cabinet w/ Glass Door 1 4 Council 03/11/10 Gray Table, Divider, Green Bench 30 Chair 13 1,4,5 CSD 07/20/10 32 Chairs 18 4 Council 07/07/10 Wood desk, table, book shelf 34 cabinet 6 4 NSD 07/18/10 City 36 Chairs (1 rolling & 2 H Green) 3 4 Attorney 07/20/10 37 Brown Hi Back Chair 1 0426 Transit 07/20/10 39 Reach in refrigerator 1 3 CSD 08/10/10 42 Wooden red cloth chair 1 4 Council 09/02/10 43 Blue Caper Multipurpose Chairs 2 1 Library 09/09/10 44 Large Blue Rolling Chair 1 4 City Mgr 09/09/10 46 Date/Time Stamper -Simplex 1 3 Finance 10/12/10 47 Black Chair 1 2 City Mgr 10/12/10 48 Monitors, 15" Dell, 15" Hynda 2 5 PD 10/18/10 49 Panasonic, Sanyo, Dell, Cisco 9 5,2,1 927,092,901,980 PD 10/18/10 50 Mahogany Bookshelf 1 430 Council 10/21/10 52 Sanyo TV, Blue Chair 2 1,2 000227 PD 11/22/10 53 Bookshelf - Tan 1 4 Mayor 11/30/10 55 4 drawer desk 1 4 CSD 12/14/10 56 Flowered Couch -Casa de Salud 1 5 CSD 12/16/10 57 Desk Chair - Black 1 1 CSD 12/16/10 58 Brown Couches- Casa de Salud 2 5 CSD 12/16/10 59 Black Shelf, File Cabinet, Black Chair 4 5 PW 01/10/11 60 Vacuums, Buffers, Canister 11 3 A2265/A2621 Facility 01/19/11 61 Dell 15", Black Dell 15" 3 5 PD 01/20/11 62 Panasonic, HP Printer, Dell 10 5 PD 01/20/11 63 Dell 15" M770 Monitor 1 5 PD 02/01/11 64 Satellite Dish, Dell Optiplex 3 5 A2681 PD 02/01/11 65 Computer Chairs 4 1 Library 02/22/11 66 Lifecycle 9500R 1 1 Fire 03/07/11 67 Admiral Refrigerator 1 1 CSD 03/21/11 Cassette Recording, calculator, 68 stamp machine 7 4,3 HR 03/22/11 69 Corner Computer desk 1 4 PW 04/04/11 70 Ice Machine, Plastic cart, Metal cart 4 3,1 CSD 04/14/11 71 4 drawer desk 2 4 PW 04/25/11 Morgan 72 Konica full size copier 1 1 Towers 06/02/11 73 Football Goal Post 4 WH 06/07/11 74 VCR -VHS Sanyo 1 3 Library 06/14/11 75 Air Hockey/Foosball Table 2 1 CSD 06/29/11 TV, VCR Combo Unit, Camera, Camcorder Battery, Black Chair 76 Coat Hanger, Sony VCR 9 4 Eng 07/14/11 77 Oak L Shape Desk 1 4 PW 07/19/11 78 Vending Machines 2 6 CSD 08/16/11 79 Milk Dispenser 1 5 Nutrition 08/24/11 81 Rolling Chair 1 1 CSD 09/13/11 Ping Pong Table, Volleyball Bases, Basketball Hoop, Office Chairs, Soccer Goals/Nets, Computer 82 Modems, Refrigerator, Table, Chair 28 1,3,4,5,6 CSD 09/13/11 84 Freezer, Refrigerator, Mixer 3 3,1,5 CSD 09/27/11 Typewriter/Radio/Speakers/Coat 85 Hanger 13 6,4 CSD 09/29/11 86 Cooler/Heater/Stereo/Speaker 5 5,3,4 CSD 10/06/11 87 Knoll Black Chair/ Folder 2 3,4 CDC 10/10/11 88 Drawers Wood File Cabinet 1 1 Dev Svcs 10/19/11 89 Office chair, burgundy 1 4 City Clerk 11/07/11 90 Blue lounge chair 1 3 Library 11/07/11 Transit Surplus -Printers, Computer Desk, Book Case, Chairs, Misc Office Furniture, Overhead Projector, Printer, Monitor, Office Equipment, TV, Vault, Microwave, B400R Transmission ? 5 Transit 06/28/10 Snapper Edger/Toro Push 91 Mower/Turf Vac/Picnic tables 27 5 PW 10/26/11 3' X 6' Grey rect. Tables/60" round 92 white tables 24 5 PW 11/14/11 Electric Fan/Drawer/Lamp/Filing 93 trays/Adding Machine/File holders 11 1/4 Eng 12/01/11 Black Dell 15" & 17" Monitor, Black keyboard, White keyboard, White 94 typewriter 46 1/4 Library 01/05/12 Calculators, book ends, paper 95 shelves, keyboard rest pad 20 1,4,5 Finance 02/01/12 96 Deep fryer 1 1 Nutrition 02/24/12 97 Hardware 11 5 PD 02/23/12 98 Monitor 7 5 PD 02/23/12 99 Cabinet doors, metal rods, desk 27 4,5 Housing 04/05/12 100 Refrigerator, green w/ grey shelf 2 1 PD 07/30/41 101 Chairs, table 18 4 Fire 06/07/12 Comm 102 Laser Jet Printer 1 1 Dev 06/11/12 Paint containers, drafting tables, 103 exercise mats, shelving hardware 20 5,4,2 CSD 06/12/12 104 Lounge Chairs 3 1 Library 06/19/12 105 Low back chair 1 5,1 City Mgr 07/23/12 Treadmill, punching bags, 106 stationary bike, dumb bell, bench 43 3,4 Fire 08/06/12 Bench press, punching bag, bike, 107 stair climber, aquat machine 10 4,1 Fire 08/06/12 Curl bench, angled bench, leg extension TV & mount, punching 108 bag, sit up bench 10 3,4 Fire 08/16/12 109 Two drawer file cabinet 1 1 Eng 08/07/12 Office chair, cushion chair, electric 110 fan 3 5,2 CSD 08/13/12 111 Two drawer file cabinet 1 1 Eng 08/28/12 Hanging pockets, calculator, electric 112 stapler, typewriter 33 4,5,1,3 PD 09/04/12 Typewriter, Sony dictator, 113 transcriber, Sony cassette recorder, 85 3,4,5,1 PD 09/04/12 electric pencil sharpener 114 Wood desk, file cabinet 3 4,5 Fire 09/13/12 115 Dumbbell #66,65,70,75,80 10 2 Fire 09/17/12 Dumbbell 116 #10,15,20,25,30,35,40,45,50,55 20 2 Fire 09/17/12 File cabinet 4 drawer, metal grey 117 file cabinet 4 drawer 4 4 S8 10/15/12 Xerox DIGBKAS/with vend station, 118 Xerox work centre 24 5 4 Library 10/15/12 119 Brown leather chairs 14 5 City Mgr 11/05/12 120 Maytag Washer 1 3 Fire 11/08/12 2 Drawer desk, metal, brown wood grain, overhead storage cabinet, 121 black desk & return 3 4 Fire 11/15/12 122 Tea set 1 4 City Mgr 11/21/12 Brown computer desk, blue couch, 123 toaster oven, hockey table, pipes 14 1,4,5 CSD 11/29/12 124 Desk, 4 book shelf 2 4 CSD 12/04/12 Small -fridge, receipt printer, steel boxes, cash register drawer, paper 125 trays 7 1,5 Finance 12/05/12 Chairs, desk drawers shelf units, 126 cubicle panels, wood table 79 4 PD 01/30/13 127 Brown filing cabinet 1 5 1608 PD 02/04/13 128 Receive Board, remote control 2 CSD 02/04/13 129 Office chair, blue director's chair 1 4 HR 02/12/13 130 Quatet medal easel 7 4 HR 02/21/13 Pelican case, Panasonic video camera, camera with lenses, 131 charger 6 4 Fire 02/21/13 Binding combs, staple cartridge, 132 typing tape, toners 35 4 CSD 02/21/13 133 TV black, VCR black, TV bracket 3 1,4 HR 02/21/13 CPU Dell, monitors, keyboards, HP 134 printer, VHS player 12 1,4 PW 03/05/13 135 5' couch - Blue design 1 4 PD 04/02/13 HP photosmart, HP laser jet 136 calculator, box of folder & frames 5 1,2,3,5 S8 04/02/13 137 Copier toners/staples for copier 5 City Clerk 04/09/13 Computer tower, monitor & keyboard foot rest, adding machine 138 tape, copying machine 3 4,5 City Clerk 04/24/13 TVs, microwave, refrigerator, scrap 141 sheet metal, keyboard 19 1,4 201,002,203 PD 05/08/13 Binders, speakers, computer shelf, back rest, audio tapes, coin bank, 142 basket, extension cord 47 1,4,5 Housing 05/20/13 Book shelf, metal paper dividers, cubicle dividers, chair, money boxes, dictionary, pin board, walkie 143 talkie 22 4,5 Housing 05/20/13 Financial Statement: No cost to City; however, donating the fire engine and firefighting equipment versus selling at auction impacts potential revenue of approximately $15,900 and value for miscellaneous surplus equipment. Staff Recommendation: Staff recommends the City Council approve the donation in order to assist the City of Tecate. Municode http://library.nmicode.comiprintaspx?2�&client1D=16516&HTMReq... National City, California, Code of Ordinances » - SUPPLEMENT HISTORY TABLE» Title 2 - ADMINISTRATION » Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY » Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY Sections: 2.42.010 - Definitions. 2.42.020 - Duty to report surplus equipment and supplies. 2.42.030 - Disposal required. 2.42.040 - Manner of disposal. 2.42.050 - City personnel prohibited from purchasing. 2.42.010 - Definitions. A. "Surplus city property" means supplies or equipment belonging to the city which are no longer used or which have become obsolete or wom out or which are otherwise of no further use. B. "Immediate family" means the husband, wife, mother and father of both husband and wife, son, daughter, brother and sister of the employee, or any relative by blood or marriage residing in the same household. (Ord. 1673 § 1 (part), 1979) 2.42.020 - Duty to report surplus equipment and supplies. All using agencies shall submit to the purchasing agent, at such times and in such forms as prescribed, reports listing all available surplus city property. The purchasing agent shall have authority to exchange for, or trade in, such property on new supplies and equipment in accordance with this chapter. (Ord. 1673 § 1 (part), 1979) 2.42.030 - Disposal required. The purchasing agent shall determine if any surplus city property can be used by any agency of the city. If such supplies or equipment cannot be used or are unsuitable for city use, the purchasing agent shall, in the manner provided in this chapter, dispose of such supplies and equipment that cannot be exchanged for or traded in on new equipment or supplies. (Ord. 1673 § 1 (part), 1979) 2.42.040 Manner of disposal. A. If the surplus city property which is not required for city use has been assigned an estimated market value of Tess than one thousand dollars by the purchasing agent, he/she may dispose of such property on the open market without advertising for bids. B. lithe surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 1 of2 5/21/2013 11:43AM Municode littp://librarymunicode.com/printaspx?1&client.165168tHTMReq... 1. Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. All notices shall be published by the purchasing agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, In the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment of items to a vendor to sell on behalf of the city. The purchasing agent shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefor, the highest net proceeds for the city. The consignment vendor shall, at its expense, advertise the item(s) for sale, in accordance with subsection (B)(1) of this section, and shall accept offers on behalf of the city, with the city having final acceptance authority; 4. Through a negotiated agreement with another public agency, public safety organization, govemment agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). C. The purchasing agent shall have the authority to combine any surplus city property with lost and unclaimed property for the purpose of disposal by public auction in accordance with Chapter 2.44 of this title. D. The amount received for any property sold pursuant to this chapter shall be deposited in the city's general fund. (Ord. 2284, 2006: Ord. 2044, 1992; Ord. 1673 § 1 (part), 1979) 2.42.050 - City personnel prohibited from purchasing. No city officer or employee or any member of the Immediate family living in the same household of a city officer or employee shall purchase surplus city property sold in accordance with this chapter. (Ord. 1673 § 1 (part), 1979) 2 of2 5/21/2013 11:43 AM RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DONATION OF A BECK FIRE ENGINE, FIREFIGHTING GEAR, AND MISCELLANEOUS SURPLUS CITY PROPERTY TO ASSIST NATIONAL CITY'S SISTER CITY, TECATE, BAJA CALIFORNIA AS AUTHORIZED BY NATIONAL CITY MUNICIPAL CODE SECTION 2.42.040(B)(4) WHEREAS, a Beck fire engine, firefighting gear, and miscellaneous surplus City equipment, as listed on Exhibit "A" attached hereto, (collectively referred to as "Surplus Property") are surplus city property which is either obsolete, worn out, or otherwise of no further use to the City of National City within the meaning of Municipal Code section 2.42.010; and WHEREAS, National City's sister city, Tecate, Baja California, is a public agency with limited funds and has expressed a need for the Surplus Property; and WHEREAS, National City has negotiated a donation of the Surplus Property to the City of Tecate as authorized by Municipal Code Section 2.42.040(B)(4). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the donation of a Beck fire engine, firefighting gear, and miscellaneous surplus City property, as listed on Exhibit "A" attached hereto, to the City of Tecate, Baja California. PASSED and ADOPTED this 2nd day of July, 2013. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 70 Ice Machine, Plastic cart, Metal cart 4 3,1 CSD 04/14/11 71 4 drawer desk 2 4 PW 04/25/11 Morgan 72 Konica full size copier 1 1 Towers 06/02/11 73 Football Goal Post 4 WH 06/07/11 74 VCR -VHS Sanyo 1 3 Library 06/14/11 75 Air Hockey/Foosball Table 2 1 CSD 06/29/11 TV, VCR Combo Unit, Camera, Camcorder Battery, Black Chair 76 Coat Hanger, Sony VCR 9 4 Eng 07/14/11 77 Oak L Shape Desk 1 4 PW 07/19/11 78 Vending Machines 2 6 CSD 08/16/11 79 Milk Dispenser 1 5 Nutrition 08/24/11 81 Rolling Chair 1 1 CO 09/13/11 Ping Pong Table, Volleyball Bases, Basketball Hoop, Office Chairs, Soccer Goals/Nets, Computer 82 Modems, Refrigerator, Table, Chair 28 1,3,4,5,6 CSD 09/13/11 84 Freezer, Refrigerator, Mixer 3 3,1,5 CSD 09/27/11 Typewriter/Radio/Speakers/Coat 85 Hanger 13 6,4 CSD 09/29/11 86 Cooler/Heater/Stereo/Speaker 5 5,3,4 CSD 10/06/11 87 Knoll Black Chair/ Folder 2 3,4 CDC 10/10/11 88 Drawers Wood File Cabinet 1 1 Dev Svcs 10/19/11 89 Office chair, burgundy 1 4 City Clerk 11/07/11 90 Blue lounge chair 1 3 Library 11/07/11 Transit Surplus -Printers, Computer Desk, Book Case, Chairs, Misc Office Furniture, Overhead Projector, Printer, Monitor, Office Equipment, TV, Vault, Microwave, B400R Transmission ? 5 Transit 06/28/10 Snapper Edger/Toro Push 91 Mower/Turf Vac/Picnic tables 27 5 PW 10/26/11 3' X 6' Grey rect. Tables/60" round 92 white tables 24 5 PW 11/14/11 Electric Fan/Drawer/Lamp/Filing 93 trays/Adding Machine/File holders 11 1/4 Eng 12/01/11 Black Dell 15" & 17" Monitor, Black keyboard, White keyboard, White 94 typewriter 46 1/4 Library 01/05/12 Calculators, book ends, paper 95 shelves, keyboard rest pad 20 1,4,5 Finance 02/01/12 96 Deep fryer 1 1 Nutrition 02/24/12 97 Hardware 11 5 PD 02/23/12 98 Monitor 7 5 PD 02/23/12 3 99 Cabinet doors, metal rods, desk 27 4,5 Housing 04/05/12 100 Refrigerator, green w/ grey shelf 2 1 PD 07/30/41 101 Chairs, table 18 4 Fire 06/07/12 Comm 102 Laser Jet Printer 1 1 Dev 06/11/12 Paint containers, drafting tables, 103 exercise mats, shelving hardware 20 5,4,2 CSD 06/12/12 104 Lounge Chairs 3 1 Library 06/19/12 105 Low back chair 1 5,1 City Mgr 07/23/12 Treadmill, punching bags, 106 stationary bike, dumb bell, bench 43 3,4 Fire 08/06/12 Bench press, punching bag, bike, 107 stair climber, aquat machine 10 4,1 Fire 08/06/12 Curl bench, angled bench, leg extension TV & mount, punching 108 bag, sit up bench 10 3,4 Fire 08/16/12 109 Two drawer file cabinet 1 1 Eng 08/07/12 Office chair, cushion chair, electric 110 fan 3 5,2 CSD 08/13/12 111 Two drawer file cabinet 1 1 Eng 08/28/12 Hanging pockets, calculator, electric 112 stapler, typewriter 33 4,5,1,3 PD 09/04/12 Typewriter, Sony dictator, transcriber, Sony cassette recorder, 113 electric pencil sharpener 85 3,4,5,1 PD 09/04/12 114 Wood desk, file cabinet 3 4,5 Fire 09/13/12 115 Dumbbell #66,65,70,75,80 10 2 Fire 09/17/12 Dumbbell 116 #10,15,20,25,30,35,40,45,50,55 20 2 Fire 09/17/12 File cabinet 4 drawer, metal grey 117 file cabinet 4 drawer 4 4 S8 10/15/12 Xerox DIGBKAS/with vend station, 118 Xerox work centre 24 5 4 Library 10/15/12 119 Brown leather chairs 14 5 City Mgr 11/05/12 120 Maytag Washer 1 3 Fire 11/08/12 2 Drawer desk, metal, brown wood grain, overhead storage cabinet, 121 black desk & return 3 4 Fire 11/15/12 122 Tea set 1 4 City Mgr 11/21/12 Brown computer desk, blue couch, 123 toaster oven, hockey table, pipes 14 1,4,5 CSD 11/29/12 124 Desk, 4 book shelf 2 4 CSD 12/04/12 Small -fridge, receipt printer, steel boxes, cash register drawer, paper 125 trays 7 1,5 Finance 12/05/12 4 Chairs, desk drawers shelf units, 126 cubicle panels, wood table 79 4 PD 01/30/13 127 Brown filing cabinet 1 5 1608 PD 02/04/13 128 Receive Board, remote control 2 CSD 02/04/13 129 Office chair, blue director's chair 1 4 HR 02/12/13 130 Quatet medal easel 7 4 HR 02/21/13 Pelican case, Panasonic video camera, camera with lenses, 131 charger 6 4 Fire 02/21/13 Binding combs, staple cartridge, 132 typing tape, toners 35 4 CSD 02/21/13 133 TV black, VCR black, TV bracket 3 1,4 HR 02/21/13 CPU Dell, monitors, keyboards, HP 134 printer, VHS player 12 1,4 PW 03/05/13 135 5' couch - Blue design 1 4 PD 04/02/13 HP photosmart, HP laser jet 136 calculator, box of folder & frames 5 1,2,3,5 S8 04/02/13 137 Copier toners/staples for copier 5 City Clerk 04/09/13 Computer tower, monitor & keyboard foot rest, adding machine 138 tape, copying machine 3 4,5 City Clerk 04/24/13 TVs, microwave, refrigerator, scrap 141 sheet metal, keyboard 19 1,4 201,002,203 PD 05/08/13 Binders, speakers, computer shelf, back rest, audio tapes, coin bank, 142 basket, extension cord 47 1,4,5 Housing 05/20/13 Book shelf, metal paper dividers, cubicle dividers, chair, money boxes, dictionary, pin board, walkie 143 talkie 22 4,5 Housing 05/20/13 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ',METING DATE: July 2, 2013] AGENDA ITEM NO. 10 ITEM TITLE: (Resolution of the City Council of the City of National City Confirming the Account of Costs of Weed Abatement (Fire) PREPARED BY: (Robert Hernandez/Fire Marshal DEPARTMENT: Fir PHONE: 336-45521 APPROVED BY: EXPLANATION: On June 18, 2013, a public hearing was held as required pursuant to Chapter 1.36.100 of the Municipal Code, wherein the City Council considered the objectives and protests of the owners of parcels by interested parties. This resolution will approve the Report and Account as submitted. The approved costs of the abatements will be liens upon the respective Tots or premises. The proposed resolution incorporates all the parcels subject to weed abatement liens pursuant to NCMC Section 1.36.110. A copy of this resolution shall be served on the responsible person, pursuant to the procedures set forth in the NCMC Section 1.36.030, no later than fifteen days after the date of adoption. FINANCIAL STATEMENT: APPROVED: `t/gtf;� Finance ACCOUNT NO.1001-12124-3561 - $13,332.30 ENVIRONMENTAL REVIEW: N/I ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: MIS STAFF RECOMMENDATION: [Approve the Weed Abatement Public Hearing Findings and approve resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: [1. Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ACCOUNT OF COSTS OF WEED ABATEMENT WHEREAS, the Director of Emergency Services filed with the City Clerk an account of costs, attached hereto as Exhibit "A", for weed abatement work done under and pursuant to National City Municipal Code Chapter 1.36; and WHEREAS, as required by Ordinance No. 2081, the City Clerk has given notice of the filing of the report and account of costs and of the time for a hearing by the City Council, and an affidavit of posting such notice has been made and is on file in the office of the City Clerk; and WHEREAS, on June 18, 2013, a hearing was held by this City Council at which the report and account, and all written appeals, protests, or objections, if any, were duly presented, read, and considered, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Director of Emergency Services, or to any matter relating to said work or the account of costs or the proceedings, therefore; and WHEREAS, all such persons desiring to be heard have been heard by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, in accordance with National City Municipal Code section 1.36.100, does hereby find, resolve, determine, and order as follows: 1. That said hearing has been duly held; 2. That each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; 3. That the City Council is satisfied with the correctness of the account of costs as stated in Exhibit "A", the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied, and the City Council does hereby confirm said proceedings and said assessment; 4. That the City Council approve the report and account as submitted; and 5. That the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this Resolution. PASSED and ADOPTED this 2nd day of July, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attomey CITY OF NATIONAL CITY WEED ABATEMENT PROGRAM 2013/2014 ACCOUNT OF COSTS PARCEL ASSMED AMT SITE ADDRESS OWNER MAIL ADDRESS CITY ST ZIP 554 242 14 00 $ 1,211.48 2703 Melrose St, National City Delacruz, Albert A; Jocelyn R. 2703 Melrose St Natonal City CA 91950 557 091 22 00 $ 1,255.24 1207-1209 E. 7th St, National City Talpalatsky, Sam 1207 E. 7th St Natonal City CA 91950 557 410 26 00 $ 4,156.82 Palm Avenue, National City Palm Plaza Associates, LLC 915 Camino Del Mar #200 Del Mar CA 92014 559 034 14 00 $ 962.60 320 Civic Center Dr, National City 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 Natonal City CA 91950 563 122 1100 $ 891.26 911-913 E 30th St, National City Ramirez, Roxana 913 E. 30th St Natonal City CA 91950 TOTAL PARCELS: 6 TOTAL ASSESS: $ 13,332.38 „V„ 1I8IHX3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 1EETING DATE: July 2, 2013 AGENDA ITEM NO, 11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing termination of Joint Exercise of Powers Agreement Creating the San Diego Area Housing and Finance Agency, a Joint Powers Authority, and granting authority to the President and Secretary of the agency to execute documents for purposes of closing out the affairs of the agency. (Housing, Grants, and Asset Management) PREPARED BY: Alfredo Ybarra PHONE: 619 336-4279 EXPLANATION: DEPARTMENT: Housing, Grant, Asset Management APPROVED BY: It is recommended that the City Council of the City of National City approve a resolution authorizing the termination of the Joint Exercise of Powers Agreement ("Agreement") Creating the San Diego Area Housing and Finance Agency ("Agency") at the request of the Agency Board of Directors ("Board") pursuant to article 7, section 7.01 of the Agreement, and authorizing the President, Secretary, and the General Counsel of the Agency to execute documents necessary to the closing out of the affairs of the Agency. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The termination of the Agency will result in approximately $13,000 to be retumed to the City as its share of the remaining assets of the Agency. ENVIRONMENTAL REVIEW: NA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: A. Background B. Agreement Attachment A Background In June of 1999, the City of National City joined the County of San Diego along with the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Encinitas, Imperial Beach, La Mesa, Poway, San Marcos, Santee, and Vista to form the San Diego Area Housing and Finance Agency (SDAHFA), a Joint Powers Authority. The Agency was created to provide home mortgage loans to qualified persons and families, finance the construction, rehabilitation, acquisition, lease, and sale of housing, and to issue revenue bonds to provide the necessary funds for these housing programs. The Agency has served its stated purpose and is no longer necessary because all projects and programs have been completed. The Agency has no outstanding obligations or claims and all bonds and interests have been paid. The Board of the Agency has determined that as the Agency has served its purpose and is no longer necessary it is in the best interests of the Agency and its members to terminate the Agreement once all ongoing work is completed and audits received the fiscal year 2012. The Agency's final audit, for fiscal year 2012, was recently completed and approved by the Board. The Board of Directors of the Agency is requesting that each member city and county adopt a resolution authorizing the termination of the Agency. The Board of Directors is further requesting that the resolution include authorization for the President, the Secretary, and the General Counsel of the Agency to execute documents necessary to close out the affairs of the Agency. Attachment B JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN DIEGO AREA HOUSING & FINANCE AGENCY Dated as of March 1,1999 SP990700041 JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN DIEGO AREA HOUSING & FINANCE AGENCY This Joint Exercise of Powers Agreement (the "Agreement"), dated for convenience as March 1, 1999, is made and entered into by the signatories hereto, each a public entity duly organized and existing under the Constitution and laws of the State of California (each a "Member" or a "City" or "County" and, collectively, the "Members"). RECITALS WHEREAS, the Members are each authorized and empowered to provide home mortgage loans to qualified persons and families; finance the construction, rehabilitation, acquisition, lease,. and sale of housing; promote economic development; finance other capital improvements; and issue revenue bonds to provide the funds' therefor, and WHEREAS, Chapter 5 of Division. 7 of Title 1 of the California Government Code (commencing at Section 6500) (the "Act") provides that two or more public agencies may by agreement jointly exercise any powers common to the parties to the agreement and may by that agreement create an entity which is separate from the parties to the agreement; and 'WHEREAS, the parties to this agreement have each determined (1) that the public interest and economy will be served by, and require, the joint exercise of their common powers and.(2) that a separate agency shall be created which shall have and exercise those powers common to the Members; NOW, THEREFORE, for and in consideration of the mutual benefits and premises contained herein, the Members agree as follows: ARTICLE 1 DEFINITIONS AND INTERPRETATION Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section shall have the meanings herein specified for all purposes of this Agreement. Agency The term "Agency" shall mean the San Diego Area Housing & Finance Agency created by this Agreement Agreement The term "Agreement" shall mean this Joint Exercise of Powers Agreement as it now exists or as it may from time to time be amended, supplemented or modified by the addition of 5E490700041 • S.' signatory parties or by any supplemental agreement or amendment entered into pursuant to the provisions hereof. Associate Member The term "Associate Member" shall mean those Members identified as such in Section 3.03, and which shall not be entitled to appoint a representative to serve on the Board. Board The term "Board" shall mean the governing board of directors of the Agency as described in Article 8 hereof. Bonds The term `Bonds" shall mean revenue bonds, notes, certificates of participation, or other evidences of indebtedness of the Agency, authorized and issued pursuant to law. Members The term "Members" shall mean the governmental entities jointly exercising power through, and which are signatory to, this Agreement, and shall include both Voting Members and Associate Members. The Members may also be referred to as the "Cities" or "Counties".. Program The term "Program" Shall mean the Agency's activity of furthering home ownership in the geographical area of the Members signatory to this Agreement and of financing other capital improvements, through the sale of revenue bonds, the purchase, construction or rehabilitation of housing or other capital improvements, the entering into of leases, the_ sale of housing, the provision of low -down -payment mortgages for buyers, and the exercise of any other powers available to the Agency under Article 2 or Article 4 of the Act Voting Members The term "Voting Members" shall mean those Members identified in Section 3.02 as such, and which shall be entitled to appoint a representative to serve on the Board as a voting member. Section 1.02. Captions and Headings. Captions and headings used herein are for convenience of reference only, do not define or limit the scope of any provision hereof, and are not to be considered in construing this Agreement _2- ARTICLE 2 PURPOSE Section 2.01. Purposes of Agreement and Agency. This Agreement is made pursuant to the Act for the joint exercise of certain powers common to the. Members. The Members are empowered by the laws of the State of California to exercise powers as specified in the Recitals. It is also the purpose of this Agreement to provide for the inclusion at a subsequent date of such additional Members as may desire to become signatories to this Agreement and members of the Agency. The purpose of the Agency is to carry out the Program for the public good and for the residents who will benefit from the increased availability of housing affordable for purchase by them. ARTICLE 3 MEMBERSHIP; WITHDRAWAL Section 3.01. Contract With All Other Members. Each Member certifies that it intends to and does contract with all other Members which are signatories to this Agreement and with such other Members as may later be added as signatories to this Agreement Each Member also certifies that the deletion of any Member as a party to this Agreement, except as a joint effort to terminate the Agreement pursuant to Section 7, shall affect neither this Agreement nor its intent to contract with the remaining Members to carry out the purpose of this Agreement. - All Members to this Agreement acknowledge and agree that additional parties may become Members to this Agreement without formal amendment hereof, by the execution of a counterpart signature page. Section 3.02. Voting Members. The Voting Members of the Agency are .listed on Exhibit A, attached hereto, and al -mil be entitled to appoint a City Councilmember, a member of - the Board of Supervisors or a staff member to serve on the Board. Section 3.03. • Associate Members. The Associate Members of the Agency are listed on Exhibit B, attached hereto, and shallot be entitled to appoint a City Councilmember, a member . of the Board of Supervisors or a staff member to serve on the Board, and shall not have voting • power on such Board. Section 3.04. Withdrawal. Members of the Agency may withdraw from membership in the Agency at any time upon thirty (30) days' advance written notice, subject to the following exceptions: (a) the restriction on withdrawal contained in Section 7.01 hereof; and (b) a Member may not withdraw for so Iong as bonds or other obligations of the Authority issued pursuant to and under the Program are outstanding, but only if the proceeds of such bonds or other obligations were used to make Icons or finance a project within the jurisdiction of such Member. ARTICLE 4 CREATION OF THE AGENCY Section 4.01. Creation of the Agency. There is hereby created a joint exercise of powers authority to be known as the San Diego Area Housing & Finance Agency. The Agency shall be a public entity separate from the Members. The debts, liabilities, and obligations of the Agency shall not constitute debts, liabilities, or obligations of any Member. ARTICLE 5 POWERS OF rut, AGENCY; RESTRICTION UPON EXERCISE Section 5.01. powers of the Azencv. The Agency shall have all powers common to the Members and is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, the following: (a) the power to make and enter into contracts; (b) the power to accept the assignment of contracts which relate to the purposes of the Agency and which were entered into by the Members_prior to formation of the Agency; (c) the power to incur debts, liabilities, or other obligations which are not debts, liabilities or obligations of the Members, or any of them; (d) the power to employ agents and employees; (e) the power to acquire, construct, manage, maintain, and operate any building, works or improvements; _ • (f) the power to acquire, hold, lease (as lessor or lessee), or dispose of property, including property subject to home mortgages; (g) the power to sue and be sued in its own name; (h) the power to incur debts, liabilities or other obligations to finance the Program and any other powers available to the Agency under Article 2 or Article 4 of the Act; and • (i) all powers necessary and proper to carry out the terms and provisions of this Agreement, or otherwise authorized by law. .4. Section 5.02. Membership Agreements. The Agency shall have the power to enter into membership agreements with any public agency upon the approval of the Board. Section 5.03. Other Powers. Each Member agrees that: • (a) all of its powers to acquire, construct, rehabilitate, finance, lease, or dispose of property may be exercised by the Agency; (b) the Agency may originate or acquire home mortgages with respect to properties within its geographical boundaries to further the Agency's Program; and (c) its grant of power to the Agency is to further the purposes of the Agency and this Agreement and shall not be deemed to limit its power to act independently of the Agency. Section 5.04. Restrictions. The powers of the Agency shall be exercised subject only to the restrictions upon the manner of exercising such powers as are imposed upon the City of California, as provided in Section 6509 of the Act. Section 5.05, Investments. Subject to the applicable provisions of any indenture or resolution providing for the investment of moneys held thereunder, the Agency shall have the power to invest any money in the treasury that is not required for the immediate necessities of the Agency, as the Agency determines is advisable, in the same manner as local agencies pursuant to California Government Code Sections 53601 et seq. ARTICLE 6 . COOPERATION Section 6.01. Additional Proceedings and Actions. Each Member agrees to undertake such additional proceedings or actions as may be necessary in order to carry out the terns and the intent of this Agreement. - Section 6.02. Actions Affecting Ratings. Each Member further agrees to refrain from taking any actions which would, to its knowledge, tend to adversely affect the rating on any Bonds sold or to be sold to further the Program of the Agency. The exercise by any Member of its independent power to issue bonds or other indebtedness shall not be within the restrictions of the preceding sentence. ARTICLE 7 TERMINATION OF POWERS; DISTRIBUTION OF ASSETS Section 7.01. Termination. The Agency shall continue to exercise the powers herein conferred upon it until the earlier of March 1, 2049 or such time as all Members shall have .5. mutually agreed to terminate this Agreement. However, if any Bonds shall have been issued and are outstanding, then neither this Agreement nor the powers granted hereunder shall terminate, and Members benefiting from such Bonds, directly or indirectly, shall not withdraw from the Agency, until all such Bonds and the interest thereon shall have been paid or provision for such payment shall have been made. Section 7.02. Distribution of Assets. (a) In the event that Bonds are not issued, upon termination of this Agreement, "all assets of the Agency shall be distributed to the respective grantors or assignors in proportion to their respective contributions. (b) In the event that Bonds are issued and following payment of all principal and interest on the Bonds, or following the provision therefor, upon termination of this Agreement, one half of all assets of the Agency shall be divided equally among the Voting Members, and the other half of the Agency's assets shall be divided pro rata among ail Members, based on participation in the Program. • Section 7.03. Continued Existence of Agency. Upon termination, this Agreement and the Agency shall continue to exist for the limited purpose of distributing the assets of the Agency and all other functions necessary to close out the affairs of the Agency. ARTICLE 8 GOVERNING BOARD Section 8.01. Board of Directors. The Agency shall be governed by a Board of Directors consisting of one City Council member, member of the Board of Supervisors or staff member (each, a "Director," and collectively, the "Board") from each of the Voting Members. _ Each of the initial Directors shall be approved by their respective city councils forthwith upon approval of this Agreement, and each shall serve at the pleasure of his or her respective city council or board of supervisors. - Section 8.02. Alternates. The city council or board of supervisors of each Voting Member shall appoint one alternate to the Board of Directors, who shall be a member of the city council or the board of supervisors or of the staff of such city or county. When the Director from any Voting Member is not present at a Board meeting, the alternate director appointed by such Voting Member may serve in his place with the same authority as a Director. Section 8.03. Compensation and Expenses. Directors may receive compensation for their services pursuant to an authorizing resolution of the Board providing therefor. Each member may be reimbursed for actual expenses, including travel incident to service as a Director, pursuant to an authorizing resolution of the Board. . 6 - ARTICLE 9 MEETINGS OF THE BOARD Section 9.01. Regular Meetings. The Board shall hold at least one regular meeting each fiscal year and, by resolution, may provide for the holding of regular meetings at more frequent intervals. The regular meetings of the Board shall be held in the offices of one of the Voting Members or at such other place and upon a date and hour as may be fixed from time to time by resolution of the Board. Section 9.02. Special Meetings, Special meetings of the Board may be called in accordance with the provisions of -California Government Code Sections 54950 et sea: All meetings of the Board shall be called, noticed, held and conducted subject to the provisions of the Ralph M. Brown Act, being Sections 54950 et sea. of the California Government Code. Section 9.03. Minutes. The Secretary of the Agency shall cause minutes of all meetings of the Board of Directors to be kept and shall, as soon as practicable after each meeting, cause a copy of the minutes to be distributed to each member of the Board and to each Member. Section 9.04. Ouorum. The attendance of a majority of the Board shall constitute a quorum for the transaction of business. A majority vote of those in attendance shall be necessary to take Board action, except that less than a quorum may adjourn a meeting from time to time. Section 9.05. Voting. Each member of the Board shall have one vote. ARTICLE 10 OFFICERS; DUTIES Section 10.01. Chairperson. Vice-Cliairaerson and Secretary. The Board shall elect a Chairperson, a Vice Chairperson, and a Secretary of the Agency from among its members, who shall each serve a term of two years. . (a) The Chairperson shall preside at all meetings, sign documents as may be necessary for the proper functioning of the Agency, and perform such other duties as may be imposed by the Board of Directors. (b) The Vice Chairperson shall take the place of the Chairperson in the absence of the Chairperson and perform such other duties as may be imposed by the Board of Directors. (c) The Secretary shall cause minutes to be kept of all meetings and to be distributed to the Members and each of the members of the Board of Directors and perform such other duties as may be imposed by the Board of Directors. .7. Section 10.02. Treasurer -Controller. The Treasurer -Controller of the Agency shall be the Treasurer of the of , California, or such other person or entity designated by the Board (a) Subject to the applicable provisions of any Bond indenture or resolution providing for a trustee or other fiscal agent, the Treasurer -Controller shall have custody of all the money of the Agency, from whatever source, and, as such, shall have the powers, duties and responsibilities specified in Section 6505.5 of the California Government Code. (b) The Treasurer -Controller of the Agency is designated as the public officer or person who has charge of, handles, or has access to any property of the Agency, and as such, shall file a fidelity bond with the Secretary of the Agency in an amount to be fixed by the Board. The cost of such bond shall be a proper charge against the Agency. To the extent permitted by an existing fidelity bond, the Treasurer -Controller may satisfy this requirement by filing a fidelity bond obtained in connection with another public office, if the amount of that bond equals or exceeds the bond amount established by the Board of Directors. ARTICLE 11 FISCAL YEAR The fiscal year of the Agency shall be the period from July 1 of each year through and including the following June 30; provided, however, that if the date of this Agreement is other than any July 1, the fast fiscal year shall be the period from the date of this Agreement through and including the following June 30. ARTICLE 12 ADMINISTRATION Section 12.01. Administrative Entity. In accord with Section 6506 of the California Government Code, the initial administrative entity of the Agency shall a California 'nonprofit corporation established or selected for such purpose. Section 12.02. Duties of Administrative Entity: Delegation. The administrative entity shall be responsible for implementation of the Program of the Agency. In carrying out its responsibilities for administration of the Program, the administrative entity may contract with others, deemed by it to be qualified, to perform some or all of the administrative functions required for implementation of the program. Section 12.03. Replacement of Administrative Entity. The Board may change the ' administrative entity at its discretion. ,8. Section 12.04. Appointment of Underwriter. J. K. Chilton & Associates, Inc. is hereby appointed as underwriter of the Bonds issued by the Agency. ARTICLE 13 BONDS • Section 13.01. Issuance of Bonds. The Agency shall have the power to issue Bonds or other forms of indebtedness authorized by law, at any time, for the purpose of raising funds necessary to carry out its powers and purpose under this Agreement. ARTICLE 14 AGREEMENT NOT EXCLUSIVE Section 14.01. Agreement Not Exclusive. This Agreement is not the exclusive means by which the Members may perform duties relating to housing imposed by law. Each of the Members reserves the right to carry out other housing financing programs, to issue other obligations, and to form other joint powers authorities to perform such duties. Section 14.02. Affect On Other Aereements. This Agreement does not alter or modify the terms of other agreements which may exist between the Members except as expressly provided herein. ARTICLE 15 . - CONTRIBUTIONS, ADVANCES, PRIOR EXPENSES Section 15.01. Contributions and Advances. Contributions or advances of public funds and of personnel, services, equipment or property may be made to the Agency by any Member for any of the purposes of this Agreement. Funds collected from participating developers, lenders, or others may be used to defray the cost of any such contribution. An advance may be made subject to repayment and in such case shall be repaid if subsequently approved by the Agency. If the repayment is approved. by the Agency, the manner of repayment shall be as agreed upon by the contributing Member and the Agency at the time of the advance.' Notwithstanding any other contrary provision of this Agreement, no Member shall be obligated to make contributions to the Agency, except as may be required pursuant to Section 16.02 or Section 18.02 hereof. Section 15.02. Expenses. Expenses incurred prior to a Bond sale, such as the costs of a Bond rating, printing an official statement and a preliminary official statement, a market study, a feasibility study, attomeys' fees, or other prior expense, shall be charged as costs of issuance of the bonds, payable from the proceeds of the sale of such Bonds. • 9 - ARTICLE 16 ACCOUNTING AND REPORTING Section 16.01. .ccountin2: Inspection by Members. The Agency shall establish and maintain such funds and accounts as may be required by generally accepted accounting practice and by any provision of any resolution or indenture securing the Bonds of the Agency. The books and records of the Agency shall be open to inspection by the Members at a reasonable times. Section 16.02. Annual Audit. The Agency shall be responsible for the strict accountability of all funds and the reporting of all receipts and disbursements. Pursuant to Section 6506 of the Act, the Agency shall cause an independent audit by a certified public accountant to be made of its books and accounts each year. The minimum requirement of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the California Government Code or its successor statute and shall conform to generally accepted auditing standards. The audit shall be provided to the Members within five months after the close of each fiscal year. Any cost of the audit, including contracts with certified public accountant, shell be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for such purpose. To the extent that the Agency does not have adequate funds to pay the cost of the audit, the Members shall bear the cost of any such deficiency equally. Section 16.03. Inspection bv'Bondholders. All the books, records, accounts and files referred to in this Section shall be open to the inspection of holders of the Bonds to the extent and inthe manner provided in any resolution or indenture providing for the issuance of Bonds. ARTICLE 17 DEFAULT AND REMEDIES Section 17.01. Default. If any Member shall default on any covenant contained in this Agreement, such default shall not excuse the defaulting Member from fulfilling its obligations under this Agreement and all Members shall continue to be liable for the performance of all conditions and covenants of the Agreement. Section 17.02. Enforcement of Agreement. The Members declare that this Agreement is entered into for the benefit of the San Diego Area Housing & Finance Agency and grant to the Agency the right to enforce, by whatever lawful means the Agency deems appropriate, all of the obligations of each of the Members. Section 17.03. .Remedies Cumulative. Each and all of the remedies given to the Agency by this Agreement or by any law now or hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right of the Agency to exercise any or all other remedies. .10. ARTICLE 18 DEBTS AND LIABILITIES, INSURANCE AND INDEMNIFICATION Section 18.01. Debts and Liabilities. No Member shall be liable for any indebtedness of the Agency except that which is consented to by his or her City Council or Board of Supervisors. All persons dealing with or baying a claim against the Agency are hereby notified that no Member is liable for the debts of the Agency. Section 18.02. Insurance. The Board shall maintain appropriate insurance to protect the Members from such liabilities and obligations. The cost of such insurance shall be paid by the Agency to the extent sufficient funds are available therefor. To the extent that the Agency does not have sufficient funds available to maintain such insurance, the cost thereof shall be borne equally by the Members. Section 18.03. Indemnification. Each of the Members shall defend, indemnify and hold each of the other Members and the Agency harmless from any and all claims, losses, suits, injuries, deaths, damages, costs and expenses (each, a "Claim"), including reasonable attorney fees, arising from or as a result of (in whole or in part), any acts, errors or omission of the indemnifying Member or its officers, agents, servants, employees or contractors during the course of carrying out this Agreement, to the extent of such indemnifying Member's negligence or willful misconduct. The. Agency shall defend, indemnify and hold harmless each of the Members from any and all Claims, including reasonable attomey•fees, arising from or as a result of (in whole or in part), any acts, errors or omissions of the Agency or its officers, agents, servants, employees or contractors, to' the extent of the Agency's, negligence or willful misconduct. The indemnities granted under this Section shall extend to the officers, agents, servants, employees and contractors of each indemnified party. ARTICLE 19 MISCELLANEOUS PROVISIONS Section 19.01. $everabilitw. If any part, term, or provision of this Agreement is ' - determined by a court of law to be illegal or in conflict with any law of the State of California or otherwise unenforceable, the validity of the remaining parts, terms or provisions shall not be affected. Section 19.02. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Section 19.03. Assignment and Delegation. Except to the extent expressly provided in this Agreement, a Member may not assign any right or delegate any obligation hereunder without. the consent of the Board. Section 19.04. Amendment and Modification of the Agreement. ' This Agreement may be amended by a supplemental agreement executed by all Members at any time (1) prior to the - 11 - issuance of Bonds, or (2) after the issuance of Bonds but subject to the conditions and restrictions set forth in the resolution or resolutions authorizing the issuance of Bonds and in any indenture. Additional Members may be added as parties to this Agreement by the appropriate execution of a signature page, and no formal amendment or modification of this Agreement shall be required to accomplish such purpose. Section 19.05. Approvals. Whenever an approval is required by this Agreement, unless the context specifies otherwise, it shall be given by resolution duly and regularly adopted by the City or County whose consent is required.. Whenever an approval is required by the Agency, it shall be by resolution duly and regularly adopted by the Board unless such approval can be given by the administrative entity. Section -19.06. Governing Law. This Agreement shall be governed by, and construed under and in accordance with, the laws of the State of California. Section 19.07. Counterparts. This Agreement may be executed in one or more counterparts, and such counterparts, taken together, shall constitute but one and the same Agreement. - 12 - IN WITNESS WHEREOF, the Members identified in Section 3,02 have caused this Agreement to be executed as of the date set forth below by the signatures of their respective authorized officers. Dated: June 1, 1999 CITY OF National City, California Approved as to form: City Attorney • •13- Mayor RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TERMINATION OF JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN DIEGO AREA HOUSING AND FINANCE AGENCY, AND GRANTING AUTHORITY TO THE PRESIDENT AND SECRETARY OF THE AGENCY TO EXECUTE DOCUMENTS FOR PURPOSES OF CLOSING OUT THE AFFAIRS OF THE AGENCY WHEREAS, the San Diego Area Housing and Finance Agency ("Agency") was originally created by a Joint Exercise of Powers Agreement (the "Agreement") in 1999; and WHEREAS, the current Agency membership consists of the Cities of Carlsbad, El Cajon, Encinitas, Escondido, National City, San Marcos, Santee, Vista, and the County of San Diego; and WHEREAS, the Agency was created to provide home mortgage loans to qualified persons and families, finance the construction, rehabilitation, acquisition, lease, and sale of housing, promote economic development, finance other capital improvements, and issue revenue bonds to provide the funds therefore; and WHEREAS, the Agency has served its stated purpose in providing such loans and financing, and is no longer necessary because all projects and programs have been completed; and WHEREAS, the Agency currently has no outstanding obligations or claims and all bonds and interest have been paid (as required prior to termination in the Agency's JPA Agreement); and WHEREAS, the Agency has received and approved audits for each of the fiscal years concluding with fiscal year 2012; and WHEREAS, the Agency's Board of Directors approved a recommendation for each of its member agencies that the Agency should be terminated, and that each member city council be asked to vote for such termination. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the termination of the San Diego Area Housing & Finance Agency Joint Exercise of Powers Agreement in accordance with article 7, section 7.01 of the Agreement, and to the extent possible, any remaining assets of the Agency are to be divided among the Agency's current member cities and county in accordance with article 7, section 7.02 of the Agreement. Upon termination, the Agency shall continue to exist for the limited purposes of closing out the affairs of the Agency in accordance with article 7, section 7.03 of the Agreement. BE IT FURTHER RESOLVED that the President or any Vice -President, the Secretary, and the general counsel for the Agency, are each of them hereby authorized to execute such documents and approve any releases, terminations, certifications, or other such documents, necessary to file with all appropriate state and federal agencies to effect the termination of the Agency; and further, to execute such documents, issue such negotiable instruments, and otherwise conduct such post -termination business required from time -to -time to close out and wind up the affairs of the Agency, all in accordance with article 7, section 7.03 of the Agreement. --- Signature Page to Follow --- Resolution No. 2013 — Page Two PASSED and ADOPTED this 2nd day of July, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TERMINATION OF JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN DIEGO AREA HOUSING AND FINANCE AGENCY, AND GRANTING AUTHORITY TO THE PRESIDENT AND SECRETARY OF THE AGENCY TO EXECUTE DOCUMENTS FOR PURPOSES OF CLOSING OUT THE AFFAIRS OF THE AGENCY WHEREAS, the San Diego Area Housing and Finance Agency ("Agency") was originally created by a Joint Exercise of Powers Agreement (the "Agreement") in 1999; and WHEREAS, the current Agency membership consists of the Cities of Carlsbad, El Cajon, Encinitas, Escondido, National City, San Marcos, Santee, Vista, and the County of San Diego; and WHEREAS, the Agency was created to provide home mortgage loans to qualified persons and families, finance the construction, rehabilitation, acquisition, lease, and sale of housing, promote economic development, finance other capital improvements, and issue revenue bonds to provide the funds therefore; and WHEREAS, the Agency has served its stated purpose in providing such loans and financing, and is no longer necessary because all projects and programs have been completed; and WHEREAS, the Agency currently has no outstanding obligations or claims and all bonds and interest have been paid (as required prior to termination in the Agency's JPA Agreement); and WHEREAS, the Agency has received and approved audits for each of the fiscal years concluding with fiscal year 2012; and WHEREAS, the Agency's Board of Directors approved a recommendation for each of its member agencies that the Agency should be terminated, and that each member city council be asked to vote for such termination. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the termination of the San Diego Area Housing & Finance Agency Joint Exercise of Powers Agreement in accordance with article 7, section 7.01 of the Agreement, and to the extent possible, any remaining assets of the Agency are to be divided among the Agency's current member cities and county in accordance with article 7, section 7.02 of the Agreement. Upon termination, the Agency shall continue to exist for the limited purposes of closing out the affairs of the Agency in accordance with article 7, section 7.03 of the Agreement. BE IT FURTHER RESOLVED that the President or any Vice -President, the Secretary, and the general counsel for the Agency, are each of them hereby authorized to execute such documents and approve any releases, terminations, certifications, or other such documents, necessary to file with all appropriate state and federal agencies to effect the termination of the Agency; and further, to execute such documents, issue such negotiable instruments, and otherwise conduct such post -termination business required from time -to -time to close out and wind up the affairs of the Agency, all in accordance with article 7, section 7.03 of the Agreement. --- Signature Page to Follow --- Resolution No. 2013 — Page Two PASSED and ADOPTED this 2nd day of July, 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: July 2, 2013 AGENDA ITEM NO, 12 ITEM TITLE: Resolution of the City Council of the City of National City authorizing a Fiscal Year 2013 budget adjustment by ratifying an increase of $177,500 to the Liability Insurance Fund WC Claim Costs appropriation and a reduction of $177,500 to the fund balance of the Liability Insurance Fund to meet time -sensitive Workers' Compensation obligations. PREPARED BY: Mark Roberts DEPARTMENT: Fina c PHONE: 619-336-4265 APPROVED BY: ` EXPLANATION: On June 19, 2013, the Liability Insurance Fund WC Claim Costs Fiscal Year 2013 budget appropriation was increased by $177,500 to meet time -sensitive Workers' Compensation obligations. Since fund balance was used to fund an increase of the budget appropriation, staff seeks ratification of this action by City Council. FINANCIAL STATEMENT: ACCOUNT NO. 627-2111 627-407-000-433-0000 APPROVED: /d Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A FISCAL YEAR 2013 BUDGET ADJUSTMENT BY RATIFYING AN INCREASE OF $177,500 TO THE LIABILITY INSURANCE FUND WORKERS' COMPENSATION CLAIM COSTS APPROPRIATION AND A REDUCTION OF $177,500 TO THE FUND BALANCE OF THE LIABILITY INSURANCE FUND TO MEET TIME -SENSITIVE WORKERS' COMPENSATION OBLIGATIONS WHEREAS, on June 19, 2013, the Liability Insurance Fund WC Claim Costs Fiscal Year 2013 budget appropriation was increased by $177,500 to meet time -sensitive Workers' Compensation obligations; and WHEREAS, staff seeks ratification of this action by City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Fiscal Year 2013 budget adjustment by ratifying an increase of $177,500 to the Liability Insurance Fund Workers' Compensation Claim Costs appropriation and a reduction of $177,500 to the fund balance of the Liability Insurance Fund to meet time - sensitive Workers' Compensation obligations. PASSED and ADOPTED this 2nd day of July, 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: July 2, 2013 AGENDA ITEM NO.- 33 ITEM TITLE: Resolution of the City Council of the City of National City authorizing a Fiscal Year 2013 budget adjustment by ratifying the establishment of a General Fund revenue budget of $2,711,363.80 and an increase of $2,711,363.80 to the Capital Improvement Program appropriation to account for funds received from the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") for the City of National City to carry out obligations of Recognized Obligation Payment Schedule III. PREPARED BY: Mark Roberts DEPARTMENT: Fti°r PHONE: 619-336-4265 APPROVED BY: EXPLANATION: On June 26, 2013, a General Fund Fiscal Year 2013 revenue budget was established and the General Fund Capital Improvement Program appropriation was increased to account for a June 26, 2013 payment of $2,711,363.80 received from the Successor Agency for the City of National City to carry out obligations of Recognized Obligation Payment Schedule III. Since the appropriation of the General Fund has been increased, staff seeks ratification of this action by City Council. FINANCIAL STATEMENT: ACCOUNT NO. 001-00000-3656 001-409-500-598-0000 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A FISCAL YEAR 2013 BUDGET ADJUSTMENT BY RATIFYING THE ESTABLISHMENT OF A GENERAL FUND REVENUE BUDGET OF $2,711,363.80 AND AN INCREASE OF $2,711,363.80 TO THE GENERAL FUND CAPITAL IMPROVEMENT PROGRAM APPROPRIATION TO ACCOUNT FOR FUNDS RECEIVED FROM THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY FOR THE CITY OF NATIONAL CITY PURSUANT TO AND CONSISTENT WITH SPECIFIC ITEMS APPROVED ON RECOGNIZED OBLIGATION PAYMENT SCHEDULE III WHEREAS, on June 26, 2013, the Fiscal Year 2013 revenue budget was created in the General Fund and the General Fund Capital Improvement Program appropriation was increased to account for a June 26, 2013 payment of $2,711,363.80 received from the Successor Agency to the Community Development Commission as the National City Redevelopment Agency for the City of National City for the City of National City pursuant to and consistent with specific items approved on the Recognized Obligation Payment Schedule III; and WHEREAS, the City is the payee on these specific line items and is obligated to carry out those obligations; and WHEREAS, staff seeks ratification of this action by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes a Fiscal Year 2013 budget adjustment by ratifying the establishment of a General Fund revenue budget of $2,711,363.80 and an increase of $2,711,363.80 to the General Fund Capital Improvement Program appropriation to account for funds received from the Successor Agency to the Community Development Commission as the National City Redevelopment Agency for the City of National City pursuant to and consistent with specific items approved on Recognized Obligation Payment Schedule III. PASSED and ADOPTED this 2nd day of July, 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 IEETING DATE: July 2nd, 2013 AGENDA ITEM NO. 14 ITEM TITLE: Warrant Register #48 for the period of 05/22/13 through 05/28/13 in the amount of $2,739,423.14. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finan PHONE: 619-336-4331'APPROVED BY: iC4�� EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/22/13 through 05/28/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation City of San Diego 307489 1,215,954.00 Sewer Transportation & Treatment Koch Armstrong 307504 187,628.37 CW Pedestrian Crossing Project Public Emp Ret System 307514 271, 570.58 Retirement Insurance Period 4/30/13 — 5/13/13 FINANCIAL STATEMENT: APPROVED: I-1W y° " Finance ACCOUNT NO. N/A 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 $2,739,423.14 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #48 PAYEE CUMMINS & WHITE LLP KANE BALLMER & BERKMAN POWER PLUS CPOA CALIFORNIA ASSOCIATION OF CITY OF SAN DIEGO COUNTY OF SAN DIEGO CREATIVE IMAGES PHOTOGRAPHY DELTA CARE USA D-MAX ENGINEERING DUNBAR ARMORED INC EMERGENCY EQPT ENGINEERING EQUIFAX INFORMATION SVCS FIFIELD, F GROSSMAN PSYCHOLOGICAL HINDERLITER DE LLAMAS & ASSOC NDEPENDENT FORENSIC SERVICES TIGHT, J KNIGHT, J KAISER FOUNDATION HEALTH PLANS KOCH ARMSTRONG GENERAL ENGR KTU&A LADCO LASER SAVER INC MACIAS, M MCKAY, N MUNICIPAL CODE CORPORATION NINYO & MOORE OLIVER PACKAGING & PMW ASSOCIATES PUBLIC EMP RETIREMENT SYSTEM RAUCH DETISCH & STEINKE ROBERTS, M S D COUNTY SHERIFF'S DEPT SEAPORT MEAT COMPANY SMART & FINAL STAPLES ADVANTAGE STAPLES ADVANTAGE SWEETWATER AUTHORITY SWEETWATER AUTHORITY 3YSCO SAN DIEGO ''GAINING AND CONSULTING TEAM . A MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VISION SERVICE PLAN (CA) WEST PAYMENT CENTER WHITAKER BROTHERS WILLY'S ELECTRONIC SUPPLY 1/2 WARRANT REGISTER #48 5/28/2013 DESCRIPTION CHK NO DATE AMOUNT AGREEMENT WITH CUMMINS & WHITE 307484 5/28/13 1,943.36 LEGAL SERVICES AGREEMENT 307485 5/28/13 2,582.71 POWER / AQUATIC CENTER 307486 5/28/13 195.00 TUITION: LAW ENFORCEMENT'S RESPONSE 307487 5/28/13 40.00 TACTICAL DISPATCHER COURSE / MACIAS 307488 5/28/13 689.00 SEWER TRANSPORTATION/TREATMENT 307489 5/28/13 1,215,954.00 GEN HAZ MAT PERMIT -POOL 307490 5/28/13 588.00 TWO PICTURE PRINTS 307491 5/28/13 30.00 PMI COBRA DENTAL INS - APRIL 2013 307492 5/28/13 87.32 STORM WATER SERVICES 307493 5/28/13 22,738.97 ARMORED SERVICES 307494 5/28/13 167.00 NEW LEATHER GEAR FOR NEW POLICE 307495 5/28/13 63.58 FOR S8 FEES FOR EQUIFAX SVCS 307496 5/28/13 51.75 ADVANCED FUNDS -FBI NATIONAL ACADEMY 307497 5/28/13 4,351.28 PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS 307498 5/28/13 250.00 CONTRACT SVCS - SALES TAX 2ND QTR 307499 5/28/13 2,440.35 SART EXAMS 307500 5/28/13 1,000.00 SUBSISTENCE -INTERNAL AFFAIRS 307501 5/28/13 461.97 REIMBURSEMENT -PEACE OFFICER BILL OF RIGHT 307502 5/28/13 102.83 RET INS- COBRA - APRIL 2013 307503 5/28/13 1,839.44 CW PEDESTRIAN CROSSINGS PROJECT 307504 5/28/13 187,628.37 PROFESSIONAL SVCS / APRIL 2013 307505 5/28/13 20,860.00 LIABILITY CLAIM COSTS 307506 5/28/13 150.00 MOP 45725. INK CARTRIDGES / FINANCE 307507 5/28/13 1,228.10 TACTICAL DISPATCHER COURSE/MACIAS 307508 5/28/13 747.35 UPDATES & REVISIONS FOR S8 307509 5/28/13 224.00 MUNICIPAL CODE SUPPLEMENT #38 307510 5/28/13 47.48 PEDESTRIAN RAMPS PROJECT 307511 5/28/13 2,920.75 "HOME DELIVERED" MEAL TRAYS 307512 5/28/13 228.00 TUITION: INTERNAL AFFAIRS 307513 5/28/13 428.00 SERVICE PERIOD 4/30/13-5/13/13 307514 5/28/13 271,570.58 10158/10159 PLAZA BLVD. WIDENING 307515 5/28/13 1,002.46 REIMBURSEMENT / BINDERS - FINANCE 307516 5/28/13 65.31 CAL -ID PROGRAM / JAN-JUN 2013 / PD 307517 5/28/13 8,540.00 FOOD / NUTRITION CENTER 307518 5/28/13 349.15 MOP 45756 MISC SUPPLIES - PD 307519 5/28/13 182.91 MOP 45704 OFFICE SUPPLIES - PD 307520 5/28/13 1,444.77 MOP 45704. OFFICE SUPPLIES / ENG 307521 5/28/13 1,195.93 8TH ST SMART GROWTH IRRIGATION 307522 5/28/13 10,827.00 FACILITIES WATER BILL 307523 5/28/13 25,755.84 SUPPLIES FOR NUTRITION CENTER 307524 5/28/13 1,648.77 TUITION: CANINE LIABILITY 360 307525 5/28/13 95.00 K9 VET CARE 307526 5/28/13 263.26 VERIZON WIRELESS SVCS - S8 STAFF 307527 5/28/13 278.02 VISION SVC PLAN (CA) MAY 2013 307528 5/28/13 133.35 CLEAR INVESTIGATIVE DATABASES 307529 5/28/13 433.44 SHREDDER 05/01/13 - 04/30/14 307530 5/28/13 285.00 MOP 45763 MISC SUPPLIES - COMM SVC 307531 5/28/13 18.53 PAYEE ACE UNIFORMS & ACCESSORIES INC BASILE CONSTRUCTION CITY OF SAN DIEGO HINDERLITER DE LLAMAS & ASSOC KETCHUM MFG. CO. INC. KIMLEY HORN AND ASSOC INC LEFORTS SMALL ENGINE REPAIR LOPEZ, T MEYERS/NAVE LAW CORP PACIFIC PRODUCTS & SERVICES RADIATION DETECTION COMPANY ROBERT ABEL INVESTIGATIVE SVCS SAN DIEGO SPORTS MEDICINE SHERATON GRAND HOTEL THE STAR NEWS UNION TRIBUNE PUB CO VERIZON WIRELESS WAXIE SANITARY SUPPLY PAYROLL Pay period Start Date 11 4/30/2013 WARRANT REGISTER #48 5/28/2013 DESCRIPTION 8810X CARGO POCKET TROUSERS NAVY 38; 8TH ST UTILITY UNDERGROUNDING SD ENTERPRISE ZONE PROGRAM 1-4 QTRS AUDIT SERVICES DOG LICENSE TAGS PLAZA BONITA BIKE PATH PLAN REVIEW FUEL TANK TRANSLATION SERVICES FOR FY13 LEGAL SERVICES HEAVY DUTY ANCHOR / PW QUARTERLY TLD XBGN BADGE FOR HOUSING INVESTIGATION SERVICES SUPPLIES / FIRE LEAGUE OF CA CITIES CONFERENCE PUBLICATION OF SPEC. PUBLICATION OF HEARING NOTICES VERIZON WIRELESS PHONE SERVICE FOR FY13 850016. 23304 ENVISION BROWN MULTIFOLD End Date 5/13/2013 Check Date 5/22/2013 2/2 CHK NO DATE AMOUNT 307532 5/28/13 447.07 307533 5/28/13 18,891.86 307534 5/28/13 10,000.00 307535 5/28/13 114.65 307536 5/28/13 326.00 307537 5/28/13 4,560.75 307538 5/28/13 432.69 307539 5/28/13 140.00 307540 5/28/13 1,567.50 307541 5/28/13 5,491.42 307542 5/28/13 113.60 307543 5/28/13 500.00 307544 5/28/13 1,209.00 307545 5/28/13 1,152.00 307546 5/28/13 1,983.38 307547 5/28/13 1,415.20 307548 5/28/13 4,7 307549 5/28/13 2 A/P Total 1,847,521.01 891,902.13 GRAND TOTAL $ 2,739,423.14 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 2nd OF JULY, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT -AEETING DATE: July 2"d, 2013 AGENDA ITEM NO. 15 ITEM TITLE: Warrant Register #49 for the period of 05/29/13 through 06/04/13 in the amount of $1,455,513.60. (Finance) PREPARED BY: K. Apalategui; PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/29/13 through 06/04/13 The Finance Department has implemented Vendor Check AEP California LLC Health Net Inc Kaiser Foundation Mossy Nissan 307554 307593 307603 307619 DEPARTMENT: Financ a policy explanation of all warrants above $50,000.00 Amount Explanation 145,284.25 59,600.43 160,772.07 75,257.64 FINANCIAL STATEMENT: ACCOUNT NO. N/A 2012 Ford Surveillance Van / Police Insurance R1192A June 2013 Insurance Active 104220-0002 June 2013 Nissan Sentra (3) / Police APPROVED:g,+grFinance 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 $1,455,513.60 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #49 1/3 WARRANT REGISTER # 49 6/4/2013 PAYEE DESCRIPTION CHK NO DATE AMOUNT CHRISTENSEN & SPATH LLP LEGAL / MORGAN SQUARE 307550 6/4/13 2,537.50 OPPER & VARCO LEGAL SERVICES AGREEMENT 307551 6/4/13 18,105.17 A-1 HYDRAULICS SERVICE INC AW-32 HYD OIL GAL PAILS 307552 6/4/13 212.55 ACEDO, I RETIREE HEALTH BENEFITS 307553 6/4/13 160.00 AEP CALIFORNIA LLC 2012 FORD SURVEILLANCE VAN / POLICE 307554 6/4/13 145,284.25 AFLAC ACCOUNT BDM36 JUNE 2013 307555 6/4/13 961.00 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 307556 6/4/13 187.92 ALLEN, R RETIREE HEALTH BENEFITS 307557 6/4/13 125.00 AMERICAN BACKFLOW SPECIALTIES BACKFLOWS, GAUGES, PARTS 307558 6/4/13 560.28 ANDERSON, E RETIREE HEALTH BENEFITS 307559 6/4/13 110.00 BANK OF AMERICA PUBLIC & CAT LOADER EQUIP LEASE PYMNT #29 307560 6/4/13 3,077.02 BAVENCOFF, D EDUCATIONAL REIMBURSEMENT 307561 6/4/13 1,500.00 BEARD, P RETIREE HEALTH BENEFITS 307562 6/4/13 70.00 BECK, L RETIREE HEALTH BENEFITS 307563 6/4/13 140.00 BISHOP, R RETIREE HEALTH BENEFITS 307564 6/4/13 110.00 BOEGLER, C RETIREE HEALTH BENEFITS 307565 6/4/13 260.00 BOOT WORLD MOP 64096 WEARING APPAREL 307566 6/4/13 329.09 r)YD, P RETIREE HEALTH BENEFITS 307567 6/4/13 145.00 J SPORTS 1 DZ- PLASTIC WHISTLES 307568 6/4/13 102.04 L:ALIFORNIA COMMERCIAL SECURITY MOP 45754 MATERIALS & SUPPLIES 307569 6/4/13 486.58 CCS PRESENTATION SYSTEM INC LG 55" LED FULL HD MONITOR,- 307570 6/4/13 3,853.91 CEB CA CIVIL DISCOVERY PRACTICE 307571 6/4/13 223.06 CEB WRONGFUL EMPLOYMENT TERMINATION 307572 6/4/13 194.71 CITY OF CHULA VISTA MEDICAL SUPPLIES / POLICE 307573 6/4/13 1,474.75 CITY OF NATIONAL CITY PETTY CASH 307574 6/4/13 860.17 CONDON, D RETIREE HEALTH BENEFITS 307575 6/4/13 280.00 CORPUZ, T RETIREE HEALTH BENEFITS 307576 6/4/13 140.00 CSMFO SEMINAR: INTRO TO GOV ACCOUNTING 307577 6/4/13 50.00 DANESHFAR, Z RETIREE HEALTH BENEFITS 307578 6/4/13 250.00 DESROCHERS, P RETIREE HEALTH BENEFITS 307579 6/4/13 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS 307580 6/4/13 70.00 DREDGE, J RETIREE HEALTH BENEFITS 307581 6/4/13 250.00 EISER III, G RETIREE HEALTH BENEFITS 307582 6/4/13 250.00 FABINSKI, D RETIREE HEALTH BENEFITS 307583 6/4/13 220.00 FASTENAL C SIZE ALKALN BATTERY 307584 6/4/13 101.17 FIRE ETC GEAR SECTOR 2/STOPS 307585 6/4/13 384.49 FLEET SERVICES INC MOP 67804 AUTO PARTS 307586 6/4/13 346.33 GELSKEY, K RETIREE HEALTH BENEFITS 307587 6/4/13 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS 307588 6/4/13 120.00 GOVERNMENT FINANCE OFFICERS SEMINAR/ INTRODUCTION GOV ACCOUNTING 307589 6/4/13 1,485.00 GUTLAY, R MILEAGE REIM / GOV ACCOUNTING SEMINAR 307590 6/4/13 133.23 "ANSON, E RETIREE HEALTH BENEFITS 307591 6/4/13 135.00 -ALTH NET INS - FULL NETWORK 57135A JUNE 2013 307592 6/4/13 5,377.98 ALTH NET INC INS R1192A JUNE 2013 307593 6/4/13 59,600.43 HERNANDEZ, A EDUCATIONAL REIMB 307594 6/4/13 1,004.00 HERNANDEZ, R REIMB - SERIAL ARSON INVESTIGATION 307595 6/4/13 244.68 HODGES, B RETIREE HEALTH BENEFITS 307596 6/4/13 200.00 HOTEL MONACO CHICAGO HOTEL RESERVATION -SEMINAR 307597 6/4/13 1,041.70 HYDRO SCAPE PRODUCTS INC MOP 45720 PIPES, VALVES, FITTINGS 307598 6/4/13 396.71 PAYEE JAMES, R JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KANE BALLMER & BERKMAN KIMBALL MIDWEST KIMBLE, R LANDA, A LASER SAVER INC LIEBERT CASSIDY WHITMORE LIMFUECO, T LOPEZ, T MALDONADO, J MASON'S SAW & MATIENZO, M MC CABE, T MEDINA, R MEYERS/NAVE LAW CORP MOSSY NISSAN MURRAY, J MYERS, B NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY CHAMBER OF NOSAL, W NOTEWARE, D OCHOA, I OLIVER PACKAGING & O'REILLY AUTO PARTS PACIFIC AUTO REPAIR PAUU JR, P PEASE JR, D PERRY FORD PETERS, S POST, R POTTER,C POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORPORATION RAY, S RELIANCE STANDARD RIVERSIDE SHERIFF'S DEPT ROAD ONE TOWING ROARK, L ROE, V RUIZ, J WARRANT REGISTER # 49 6/4/2013 DESCRIPTION RETIREE HEALTH BENEFITS WATER PUMP MOP 69277 PLANTING MATERIALS RETIREE HEALTH BENEFITS INS ACTIVE JUNE 2013 104220-0002 INS HD HSA ACTIVE JUNE 2013 GRP#104220- AB 1484 LITIGATION MATTER 4.5X7/8 DIAMOND CUT RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS MOP 45725 INK CARTRIDGES - FINANCE SERVICES THROUGH 04/30/13 RETIREE HEALTH BENEFITS TRANSLATION SERVICES FOR FY13 RETIREE HEALTH BENEFITS MOP 45729 AUTO PARTS RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS SERVICES THROUGH APRIL 30, 2013 505576, (3) NISSAN SENTRA, PD RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS MOP 45735 AUTO PARTS CAR WASHES TWO TABLES AT THE CENTURION AWARDS RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS HOME DELIVERED MEAL TRAYS / NUTRITION MOP 75877 AUTO PARTS SMOG CERTIFICATION/REPAIRS RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS MOP 45703 R&M AUTO EQUIPMENT RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS MOP 67839 AUTO PARTS MOP 45707 PLANTING MATERIAL MOP 45742 LAUNDRY SERVICE 12 QT HERBAL ENZYME / PW RETIREE HEALTH BENEFITS VOLUNTARY LIFE INS JUNE 2013 TUITION - ROT/PERISHABLE SKILLS MOP 75948 R&M AUTO EQUIPMENT RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS 2/3 CHK NO DATE AMOUNT 307599 6/4/13 140.00 307600 6/4/13 1,116.10 307601 6/4/13 262.44 307602 6/4/13 50.00 307603 6/4/13 160,772.07 307604 6/4/13 3,219.54 307605 6/4/13 1,560.00 307606 6/4/13 151.51 307607 6/4/13 300.00 307608 6/4/13 155.00 307609 6/4/13 615.58 307610 6/4/13 422.50 307611 6/4/13 160.00 307612 6/4/13 210.00 307613 6/4/13 130.00 307614 6/4/13 81.68 307615 6/4/13 100.00 307616 6/4/13 307617 6/4/13 1 307618 6/4/13 307619 6/4/13 75,257.64 307620 6/4/13 150.00 307621 6/4/13 140.00 307622 6/4/13 262.43 307623 6/4/13 415.00 307624 6/4/13 300.00 307625 6/4/13 1,176.44 307626 6/4/13 120.00 307627 6/4/13 125.00 307628 6/4/13 2,676.00 307629 6/4/13 127.38 307630 6/4/13 527.32 307631 614/13 340.00 307632 6/4/13 140.00 307633 6/4113 42.23 307634 6/4/13 290.00 307635 6/4/13 280.00 307636 6/4/13 150.00 307637 6/4/13 97.81 307638 6/4/13 1,679.04 307639 6/4/13 516.08 307640 6/4/13 245.11 307641 6/4/13 1 307642 6/4/13 2,7 307643 6/4/13 154.00 307644 6/4/13 80.00 307645 6/4/13 135.00 307646 6/4/13 120.00 307647 6/4/13 310.00 PAYEE S & S WORLDWIDE INC SAN DIEGO GAS & ELECTRIC SDG&E SDG&E SERVATIUS, J SHORT, C SMART & FINAL SMART SOURCE OF CA LLC SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE STARTECH COMPUTERS STEVENS, C STRASEN, W SUPERIOR READY MIX SWEETWATER AUTHORITY RWEETWATER UNION HIGH SCH DIST -IE LIGHTHOUSE INC LINCOLN NATIONAL LIFE INS TOYOTA OF EL CAJON TRIVIZ, R T'S & SIGNS U S HEALTHWORKS UNITED ROTARY BRUSH URIAS, N VISTA PAINT W W GRAINGER YOUNG, G ZIETLOW, D ZIONS BANK SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 49 6/4/2013 DESCRIPTION W12212- SOFT SOCCER BALLS SZ 4 GAS & ELECTRIC SERVICE / NUTRITION FACILITIES GAS & ELECTRIC STREET GAS & ELECTRIC RETIREE HEALTH BENEFITS RETIREE HEALTH BENEFITS MOP 45756 MISC SUPPLIES - PD OFFICER NOTEBOOKS PD-210 INTERCOM MTG BRACKET PIE-1502223 MOP 45758 TRAFFIC CONTROL SUPPLY MOP 45704 OFFICE SUPPLIES - PD MOP 61744 KEYBOARD TRAY SUBSISTENCE - ROT/PERISHABLE SKILLS RETIREE HEALTH BENEFITS TACK OIL FACILITIES DIVISION WATER CDBG EXPENSE REIMB JAN - MAR 2013 MOP 45726 AUTO PARTS LIFE & AD&D, STD, LTD INS JUNE 2013 2013 TOYOTA TACOMA 4X 2 ACCESS CAB RETIREE HEALTH BENEFITS SILKSCREEN BLACK SHIRTS, 3 COLOR BACK MEDICAL SERVICES SWEEPER REPAIRS RETIREE HEALTH BENEFITS MOP 68834 MISC SUPPLIES - NSD MOP 65179 CHEMICAL PRODUCTS REIMB - EVERY 15 MINUTES RETIREE HEALTH BENEFITS 32ND LEASE PAYMENT FOR 800 MHZ EQUIP 5/29/2013 6/4/2013 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 307648 6/4/13 310.32 307649 6/4/13 1,866.50 307650 6/4/13 24,121.99 307651 6/4/13 1,241.47 307652 6/4/13 340.00 307653 6/4/13 300.00 307654 6/4/13 32.96 307655 6/4/13 6,412.93 307656 6/4/13 1,836.53 307657 6/4/13 156.26 307658 6/4/13 657.58 307659 6/4/13 188.01 307660 6/4/13 489.09 307661 6/4/13 135.00 307662 6/4/13 173.88 307663 6/4/13 603.08 307664 6/4/13 44,895.97 307665 6/4/13 26.66 307666 6/4/13 8,540.39 307667 6/4/13 24,176.23 307668 6/4/13 135.00 307669 6/4/13 1,035.50 307670 6/4/13 65.00 307671 6/4/13 797.34 307672 6/4/13 125.00 307673 6/4/13 493.05 307674 6/4/13 1,065.73 307675 6/4/13 508.83 307676 6/4/13 150.00 307677 6/4/13 48,678.25 A/P Total 682,093.86 773,419.74 $ 1,455,513.60 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. W144MARK ROB RT , 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 2°d OF JULY, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT UIEETING DATE: July 2, 2013 AGENDA ITEM NO. 16 ITEM TITLE: Temporary Use Permit — 22"d Annual Automobile Heritage Day & Parade hosted by the National City Chamber of Commerce at Kimball Park on August 4, 2013 from 8 a.m. to 4 p.m. This is a National City Co -Sponsored event per City Council Policy No. 804. PREPARED BY: Vianey Rivera PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Nei• • . • ood Services Division APPROVED BY: This is a request from the National City Chamber of Commerce to conduct the 22"d Annual National City Automobile Heritage Show event at Kimball Park on Sunday August 4, 2013 from 8 a.m. to 4 p.m. This event will celebrate National City's automotive history and display of classic cars & motorcycles. There will also be food vendors, live entertainment, kids play area with face painting, vendor booths, a petting zoo, a mini carnival, and a kid's train ride. The Chamber is requesting to use the City's P.A. system and stage. This event and sponsoring organization are listed as a City co -sponsored event per City Council Policy No. 804 for which is eligible for a waiver of fees up to the amount of $1,000.00. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $700.00 for the Fire Permit, $988.96 for the Police Department and $2,265.96 for Public Works. Total fees are $4,191.92 (not including the waiver). After the $1,000 fee -waiver, total due $3,191.92 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Staff does not recommend the use of jumpers and the petting zoo for this event. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. %YZ1� tC n n n1r h ,Oi1 Qr�a�v\rord-34(1 t, As. kkrtcw Pan f6n-4-1'► /MI el 2op, Soccer, Type of Event: _ Public Concert _ Fair _ Festival X- Community vent Parade Demonstration _ Circus _ Block Party Motion Picture nn_ Grand Opening_��, "Other CClr3 W Event Title: c`�o� -/\rynax) -i3\ 4-(y_ n6)Yr q bcN Event Location: LrylkedA Co,.t Imo. Event Date(s): From 081041 V to Actual Event Hours: 8:00 Q/pm to :0 am. rr Total Anticipated Attendance: •q.i 5-00 (250 Participants I,150 spectators) Setup/assembly/construction Date: 0Q,1O4 (0 Start time: (0 00 DM Please describe the scope of your setup/assembly work (specific details): Car par • n Dismantle Date: ��Ou113 Completion Time: 5'.0 0 amem List any street(s) requiring closure as a result of this event. Include street narne(s), day nd time of closi • and day at d time of reopening. tt 01 R%'/ lallEBNIFIRMMIIIMIMIX12170 Sponsoring Organization: 1(znd \ Y'Ul'1 C1W \ kQQ Chief Officer of Organization (Name) Applicant (Name): IT: Address:C\ \\ to Daytime Phone: tl) 1411 (�J3r1 Evening Phone: ((JtCt) 3({0` (0(0I`I' Fax: 418 U1—SOIL E-Mail: en6 \I' Contact Person "on site" day of the event: ( okl;m14�141,\Y�Ce11u)!ar: C(y J nO �U 4I1I NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IiV1PAEDIATELY AVAILABLE TO CITY OFFICIALS t\va \Ml\riyc Q : Ceo C�. gels( Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? xr YES NO If YES, please explain the purpose and provide amount(s Qouy < car ►^�.t., v 1't 4a GHQ 13+5p/Q4 yin l'49SO—viSO b • �t y , $ �� Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ I LI 1 2 0° Estimated Expenses for this event.(no+ I'll v4: ty 6f "+ `, e J $ 3 300 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? i.t.asi, 116 JiS�ifi�Zi+ i_11ti•� ce: n4 I±.rra.i.•L.a Please provide a DET ILFCi D SCR PT1ON 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. ij. _ikmut w Aads pAi ZDo, poso'b) _ Ufrcti ifo A.9. c a e YES O It 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: i Ire r _ YES A YESNO XYES NO YES NO YES.__. NO NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: 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. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 30 Sizes 10 x 10 NOTE: A separate Fire Department permit is required for tents or canopies. Will the eventin oil the u e of th (�•r y• r sta•e o PA system SPECIFY: (�A(1 lR ��► r ir'iltir�►I� 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.. WA Food Concession and/or Fpod, Preparation preas PI ase descri e hp/ food will be erved at the event:--x�r1 WU1i ,0610YA Ol Q sl �?-VCK1.1 �41\MI6 Ilh 1YJ2 (940,1 �.Q.UC1' '" CIS. If yo intend to cook food in the evdnt area please specify the method: ✓ GAS ✓ ELECTRIC CHARCOAL 1./ OTHER (Specify):.1KA1 4 Q Y-YV Portable and/or Permanent Toilet Facilities Number of portable toilets:.5 (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).---R.blte -}ray(- j �8 (to-4•+445 ' c"14( - i 4 is-0 � tnfoLe 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: _s �c") _ Trash containers with lids: ZicArilfbaj bmpAfEeks Describe your plan for clean-up and removal of waste and garbage during and after the event: ? l l q • is�k Via 9v��t@ c�Qc�tn u�� aa�cl � c J �►cu�t i� 11�C�� � sty . Ei)c,0 iltsposa9 u.K.ti.R_P IKOJAIIIcp,�,��t��, c�►>>c .Wes' Please describe your procedures for b h Crowd Control and Internal Security VOlvi1faei �et,,.,;4 C-itcdr�►s t,4.,i/ aSS,S� tAiit i t,teelt Sam-, -� P(lsi olen i-r a I Sex,,; c,e'S YES X, 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 (Flame): Phone: YES X 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: ,EJease indicate what arrangement you have made for providing First Aid Staffing and Equipment. 1`7Y ,1 Aic.L ,±_IJi.I1 jau avo,do d ons1±--u Please describe your Accessibility Plan for access at yo r event by.individual with disabili(ies: V1)Cit tnf If‘culA ()+-,p CM%b 11)11• tic �► u�a� {j� 94�j [� � I iS"i���j19`��{• ri I��.µ IiLLI„i,�r v�rAtlS•.r���� ,l..�r. ;r� �;r.I�:�i..,�, lease provide a detailed description of your PARKIN Please describe your plan for DISABLED Please describe your plans to notify all re-idents, business s and churches impacted b the (v��, {U event % Q �Yf{�Cu" "1 + Ulna 4► C i �.. Vl PIVQ, � ORO k aLski Us.19_Q NOTE; Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. G plan: YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number ve of Stages: Number of Bands: Type of Music: C I a x 1 C � (, V V9 (1 el YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 0 0 an /pm Finish Time LI 0 0 amen YES _ NO Will sound checks be conducted prior to the event?�If YES, please indicate: Start time: 0 0 e/prn {i Finish Time (0 0 aeii '/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES - NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 5 of Nakional PUBLIC PROPERTY USE HOLD HARMLESS AND 1NCE MNi ICATtON 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 darnage 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 �i0 i��1Ci11 � � 1�09bY��1VV �OYI\WI Parson in Charge of Activity Address fC i Rvd 1.11hM1 C4k. q l4./SO Telephone 619)8C1 10—(00I,`t__Cd( Data(s•) of Use 0 ) (n11 +iJ I••;OLO 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 hf/J3 1''' :`./a :? .' 4:{.! :;a _ ,7?...S _.VaisIrni-',:rTi+'ii?.tir.:,,M51,r,,,,,;.3'?�: For Office Use Only Certificate of Insurance Approved Date 2013 Automobile Heritage Day Car Show Kimball Park, National City SITE MAP for TUPApplication TRAILER Parking ,s •• • •e ee `S rk it it harp NI;\P LEGEND u Porta Potty ElElectrical mom 13aracade l 1 Booth Date. Jan 2 20G8 2eaistration 117 O. 8:"LV =ter 'l2 4 CARS Winner', ('ircl CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: National City 22nd Annual Automobile Heritage Show DATE OF EVENT: August 4, 2013 TIME OF EVENT: 8am to 4pm APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 BULDING: No comments PLANNING: Any amplification/speakers must face away from residential properties. ENGINEERING: "A litter fence must be installed by Public Works for this event" RISK MANAGER (619) 336-4370 Please have the Chamber of Commerce attached their insurance certificate and endorsement naming the city of National City as an additional named insured. PUBLIC WORKS (619)366-4580 Public Works Department staff has reviewed the application .for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division • Staff will install banners over National City Boulevard • Staff will post "no parking" signs in affected parking lots before the event. • The cost to provide Street personnel is estimated to be: a. Install banners $ 400.00 b. "No Parking" signs 16 x $.45 ea 7.20 c. Man hours 2 hours @ $32.57 65.14 d. Total $ 472.34 Park Division • The cost to provide the standard stage and PA system is at a rate of time and a half overtime. • The organizers will provide their own gypsum to make the field. • Petting Zoo is not allowed per City Ordinance 10.52.010 Prohibited Activities. Section C reads in part as follows: "No person shall engage in any of the following acts within the premises of any city park...or recreation facility.: bring, ride, allow, or permit any bovine animal, sheep, goat, swine or horse to enter or occupy the premises... • Jumpers are not allowed at Kimball Park. • Park personnel will provide the standard stage and PA system; costs are a. 2 staff, 4 hrs @ $46.58 per hr $ 372.64 b. Set up stage 4 hrs minimum @ $93.15 per hr 372.60 c. Breakdown stage 4 hrs minimum @ $93.15 per hr 372.60 d. Total $1,117.84 Facilities Division • The cost to provide Electrical and Custodial personnel; is as follows: a. Electrician 10 hrs overtime @ $33.32 per hr $ 333.20 b. Custodian 8 hrs overtime @ $22.26 per hr $ 178.08 c. Tables 52 tables @ $1.00 ea $ 52.00 d. Chairs 150 chairs @ $0.75 ea $ 112.50 c. Total $ 675.78 Unless waived by the City Council, the applicant shall pay $2,265.96 for staff costs associated with this permit These costs were estimated as follows: Street Division $ 472.34 Acct #001-422-221-102-0000 Parks Division $ 1,117.84 Acct #105-442-000-102-0000 Facilities Division $ 675.78 Acct #626-422-223-102-0000 q FINANCE All vendors must have a Business License. FIRE (619) 336-4550 REQUEST MEETING WITH ORGANIZERS PRIOR TO EVENT. ORGANIZER SHALL CONTACT THE NATIONAL CITY FIRE DEPARTMENT FOR QUESTIONS FEEE FOR THIS EVENT SHALL BE $700.00 Stipulations required by the Fire Department for this event are as follows: 1) Emergency services access to be maintained at all times 2) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet 3) Fire Hydrants 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) Kettle corn vendors may not cook inside tent if tent is not approved for this type of application. By order of the State Fire Marshal 7) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 8) All cooking booths or areas to have one 2A:10BC. If grease or oil is used for cooking, a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 9) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices 1,0 10) If charcoal or wood are used for event, metal cans with label "HOT COALS ONLY" shall be used for waste 11) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal" approval for cooking. Please see Fire Department for direction. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Fees can only be waived by City Council Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 12)Cost for carnivals and fairs will be $500.00. Please contact the National City Fire Department for assistance 13)Fire Department access into and through the booth and carnival areas are to be maintained at all times 14) Internal combustion power sources that may be used for inflatable rides shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use 15)Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 16)Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only 17)Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from Inflatable Zone area 18)Approved fire extinguishers shall be furnished by all car show participants 19)A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 20) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars 21) First Aid will be provided by AMR personnel If you have any questions please feel free to contact me COMMUNITY SERVICES Jumpers are typically not allowed in Kimball Park. CITY ATTORNEY Please include the City Attorney's Standard condition. IN addition, I have a couple of basic questions: 1) there is a request for a jumpy — are other departments weighing in on this request as Kimball Park has generally not allowed them except when the Council specifically approves them; 2) the disabled parking — as the lots are being closed off, is there disabled parking near the event that is on even (not on a hill, for example) ground, fairly close to the event? Who is looking at this aspect? Thank you, POLICE I checked with Martha at the Chamber and there is no parade this year. Therefore, the only stipulation the police department has is that the there are four (4) security guards present from a professional security company and that the security guards and company are licensed through the Sate of California (current guard cards and licensing). If the organizers are not willing to have four licensed guards from a professional security agency (all licensed) then the police department will require that there are two (2) National City Police Officers assigned to the park (for the duration of the event) on an overtime basis, the overtime must be paid for by the organizer one week prior to the event. Total for this event is $988. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: July 2, 2013 Iii AGENDA ITEM NO. 17 ITEM TITLE: Request to use the Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for the "Salute to Navy" luncheon on Wednesday, October 2, 2013, from 8:00 am to 3:00 pm. This event is co -sponsored by the City. PRE PARED BY: Joe Smith DEPARTMENT: Pu • lic WO PHONE: 336-4587 APPROVED BY: EXPLANATION: The Chamber of Commerce is requesting use of the Martin Luther King Jr. Community Center (North and South Rooms) for the annual "Salute to Navy" luncheon on Wednesday, October 2, 2013. The Chamber estimates approximately 350 attendees with 75% from National City. Fees: Non-Waivable Fee Refundable Deposits: Hall Fee $ 820.82 Facility Use Fee $50.00 Cleaning: $100.00 Kitchen $ 50.00 Kitchen: $ 60.00 Custodial $ 330.00 Chairs/Tables $ 297.50 Total $1,498.32 ,he total including non-waivable fees is $1,548.32. This is an event that is co -sponsored by the City of ational City and as such qualifies for City support of $1,000.00 per day per Council Policy 804. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. n/a APPROVED: MIS Approval of request to use the Martin Luther King Jr. Community Center (North and South Rooms) will result in fees in the amount of $548.32 after City support waiver plus a refundable deposit of $160.00. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Facility Use Application with City support of $1,000 per day. BOARD / COMMISSION RECOMMENDATION: n/a ,TTACHMENTS: acility Use Application Certificate of Liability Insurance Non- profit organization Anticipated Maximum Attendance: (550 Will Admission be charged? pai Amount $ Equipment Requested: t350 # of chairs 1,,V4 odium/Microphon� Use of Kitchen: X Yes No Is the Use of Alcohol Requested? 6 Will other paid services be used (I. e,ecommercial catere_riDJ : and etc)? X Yes No Name: C's-6OI0 )11kj(nat '' 1 iVIQ Phone: Name: })n do U �ik11.4 OY Phone: •-• M.11,08N1A -^ NATIONAL Cf '1r v O rJT;D 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 g N P TO ALL APPLICANTS: It is strongly recommended that anapplicantrequesting use of ay Fa sty a d the City Council meeting when the item is scheduled for consideration in order to answer a quessns f the City Council. N m J N CO Facility Requested: please circle rtin Luther King Jr. Buildin North Room South Room Entire Facili 0 Date(s) of Use: Wistattill, 04Stial/J 4013 Day(s) of Use: kQt).l!1liti n11 04311011Y a I MO Time of Use: From: $: OG OPM To: A:06 AM -INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity`UAii'ti1 khi 1C1,a1IAW. Is the event open to the public? Name & Address of Organization/Group: %) CCO (10 1 kklii6V0.0 .6ivd, %1(Fi9411'� �IDC C 1. q 1960 No Tax ID # 95- I038(85 Percentage of National City Residents 15 `'7o 50 Will this be a Fund Raising Event? L)p 35 # of banquet tables **PLEASE ATTACH SEATING DIAGRAM Audio & Visual Equipment Required? (Please Specify) — Use of Gas for Range and Oven: X Yes How many times in the last twelve months have you requested to use a City Facility? . It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations goveming 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 1 HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND 1 AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS .PRQVISION. DATE COMPLETED: k! PRINT NAME: SIGNATURE: ADDRESS OF APPLICANT: 13 CITY, STATE, AND ZIP CODE: UthitiktiQ 6131 CAS‘Cl 50 PHONE: DA' ftI 411 933) FAX NUMBER: CI l4) yl1-SO CONTACT PERSON ON THE DAY OF THE EVENT:Teed ,Q j k.. ykoo PHONE: tjlli Lin 9639 CELL: Q, f g90--0CO ILi 1,0013 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 StatrOnly- Rental Amount Received: Receipt Number. Deposit Amount: Deposit/ Kay 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: N 1(10 bit\ ��L1'')1Y``bo ruiki �.I��i`f.�l ki�� Person in charge of activity: . Address: 9O L1(031l Ruk Lrt: a . gtg5-O Telephone:4n) 41n 955ct E-Mail: nn n City Facilities and/ or property requested: U 1_1( QJIMUJIAri\'0 ANY Date(s) of use: U\M,,AK(1.0WOdv 11J( ,013 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 )vI/3 Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: Oat 0hogArly , rk h and vaulahlf) 11,,k 111 kiQ nnor vbiri 10 inb 9 mofr to �1� (\JW tL!) tl i YES X 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: Organization must designate a person to ensure that alcohol is being rved to persons 21 years of age or older. The d signated alcohol server must also be years of age or older. a Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: Name: Contact phone number the y of event: YES NO Have you hired any Professi ' al Security organization to handle Security arrangements for thi -vent? If YES, please list: Security Organization: Security Organization •dress: Security Dire- or (Name): Phone: NCCHAMI OP ID: TB A.WRGY CERTIFICATE OF LIABILITY INSURANCE DATE09112D/YYV o9/12/12 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 FOLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certtflcate holder In lieu of such endoreement(s). PRODUCER 858-452-2200 Wateddge Insurance ServicesE' 10717 Sorrento WileyRd. 858-452-8004 San Diego, CA 92121 R.B. Guy Insurance Agency,lnc. CONTACT MIo. EKD: Moo: ADORES& INSURERS) AFFORDING COVERAGE NAIC C INSURER a:Assurance Company of America 19305 INSURED National City Chamber of Commerce 901 National City Boulevard National City, CA 91950 INSURER B: INSURER c; INSURER O : INSURER E : INBURERF• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.poyOMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTN TYPE OF INSURANCE jxalLlywo POUCY NUMBER OMMI YYy1 (MM/pWYYYYI LIMITS GENERALUABRnY EACH OCCURRENCE 0 2,000,000 A X COMMERCIAL GENERAL LIABILITY X PAS38912616 09/22/12 09/22/13 PRE liter E Dr to oa) $ 2,000,000 IM& CLAM -MADE n OCCUR t MED EXP (Any one parson) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE 0 4,000,000 OEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP'OP AGO 0 4,000,000 � n l POLICY I PN T 7 LOC i AUTOMOBILE LIABIUTY (Ea CONEDD SINGLE LIMIT 0 1,000,01 A ANY AUTO PAS311912616 09122/12 09/22/13 BODILY INJURY (Per person) $ � OWOYBIED - SCHEDULED BODILY INJURY (Pr sodded) 0 X HIRED AUTOS X O AUTOS PRerOPERTY DAMAGE 0 $ UMBRELLA LIAO _ OCCUR EACH OCCURRENCE $ EXCESSUAB CLAIMS -MAIM AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILDY YVCB pTU. 1TflOYTA U- Y! N ANY PROPRIETOR/PARTNEREXECUTIVE N / A E.L. EACH ACCIDENT 0 OFFICER/MEMBER EXCLUDED? (Mandatary In NH) E.L. DISEASE - EA EMPLOYEE 5 Rye, dseaWeunder DESCRIPTION OF OPERATIONS below E.L DISEASE . POLICY LIMIT $ DESCRIPTION HE CITY OF NATIONAL LOCATIONS ITY ITS OFF ADDITIONA I INSURED WIRESPECT TO RE: NAMED INSURED'S SIGNS LOCATED CIALS, BOARDS, COMMIMISSIO SBEMPLOYEESSwfsngalnd) GENERALL RESPECTIVE CO2001R0 07/0�4.ED PEER AT MAY INTHE CITY LIMITS OF NATIONAL CITY CERTIFICATE HOLDER CANCELLATION NAT1002 CITY OF NATIONAL CITY 1243 NATIONAL CITY. BLVD. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. NATIONAL CITY, CA 92060 i AUTHORIZED REPRESENTATIVE ' ACORD 25 (2010/05) 01988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MEETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Puly 2, 2013 1 AGENDA ITEM NO. jg ITEM TITLE: Public hearing confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2013/14. PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: IA a Planning.] PHONE: 1336-4421 i APPROVED BY: EXPLANATION: On June 18, 2013, the City Council declared its intention to conduct a public hearing concerning the levy of assessments for the Landscape Maintenance District No. 1 (Mile of Cars). At the June 18th meeting, the City Council initiated the proceedings for said levy and collection of assessments and approved the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and collected and describes the work program to be conducted by the Mile of Cars Landscape Maintenance District. This public hearing is to receive any public comments about the levy and collection of these assessments for Fiscal Year 2013/14. A public hearing will be called for July 2, 2013 at 6:00 p.m. in the Council Chambers to hear public comment on the proposed levy of assessments for Fiscal Year 2013/14. 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: 1 STAFF RECOMMENDATION: Conduct the public hearing. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 2013/14 Engineer's Report (Annual Report) 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 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 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 I. 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. Arian Thomas, Assessment Engineer City of National City — Landscape Maintenance District No. 1 (Mile of Cars) Prepared by NBS — Fiscal Year 2013/14 1-1 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 33rd 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 23rd 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 fumiture City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-1 Prepared by NBS — Fiscal Year 2013/14 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 3. ESTIMATE OF COSTS The cost of servicing, 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 $0.00 $41,371.29 $41,371.29 2. Median planting care 20,556.06 0.00 20,556.06 3. Palm tree maintenance 4,095.00 4,095.00 8,190.00 4. Water usage 12,304.14 12,304.14 24,608.28 5. Refurbishment of graphic panels 15,000.00 0.00 15,000.00 6. General maintenance of electrical system/lights 3,046.11 0.00 3,046.11 7. Electrical usage 7,150.60 0.00 7,150.60 8. Refurbishment of decorative crosswalks 2,000.00 2,000.00 4,000.00 9. Contingencies 2.500.00 2,500.00 5.000.00 Total Cost of Annual Maintenance: $66,651.91 . $62,270.43 $128,922.34 Incidentals: A. Administration $3,600.00 $3,600.00 $7,200.00 B. Advertising 203.00 203.00 406.00 C. Other Contractual Obligations 5,075.00 5,075.00 10,150.00 D. Engineering 250.00 250.00 500.00 E City Expenses 500.00 500.00 1,000.00 F. Consultant Fees 2,000.00 2,000.00 4,000.00 G. County Collection Fees 2.30 2.30 4 QQ Total Incidentals: $11,630.30 $11,630.30 $23,260.60 Total Estimated Annual Cost: $78,282.21 $73,900.73 $152,182.94 (Less) General Benefit Contribution(1): ($6.471.90) j$6.046.461 1512,518.361 TOTAL ANNUAL ASSESSMENT FOR THE DISTRICT(2): $71,810.31 $67,854.27 $139,664.58 (1) General benefit contribution will be funded from other sources. This item is not being paid from annual assessments and therefore does not affect the annual operating budget (2) The Annual Assessment amount shown above does not include any rounding adjustments. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 3-1 Prepared by NBS — Fiscal Year 2013/14 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Assessment Diagram for the District. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 4-1 Prepared by NBS — Fiscal Year 2013/14 1 0 FLED N 711E oFTITL C TIE 017 CLEIIK of THE caw OF NATIONAL CITY RASDAY OF 199L CITY cgEm Mr of NATIONAL COY STATE OP CALIFORNIA RECORI D DILN CITYTI OF DIE suo DAFAYNI�QIDEMT a. wowsOF DE SUP ipR17U10p1T OF STREETS Orr of NATIONAL CITY STATE K CAUFORINA AN ASSEI9.IDIT TAS LEMCO NT THE at =WM all NE UITS PIECES. AND PARCELS Of MO MIMI all TM MOMENT IMRE& SARI A$SESSMEIT SAS LEYRD eN TIE DAY R 189E1 SMD ASSEmERT PANAN AND THE ASSSSSNENT RCM ME AMMO IH THE MEE or 111E S11PF.RR1ENDENT OF STREETS EC SND CITY WE ASSESSMENTROLL NECORDm N DIT j RUERSPI[N MARE NlropggR CF SREETS 'OR 111E MR AMOUNT OF EACH ASSESSMENT t.EMED AOANST CAN PARCEL OF LAND SHORN ON THIS AS76AIENT DIAGRAM. Ctn ELM CITY OP NATIONAL CITY STALE OF CALIFORNIA FLED TT OAT OF 19911. AT THE HOUR OF_oaotx _.M. N Boot -OF MAPS of Ai5E59RDAT AND COIIAINUNIIY FACAnits OISMET5 IN DIE OFFICE OF NE COUNTY RECEIVER OF THE COUNTY OF SAM REDO. C UMMIA. NENRA N. 60thirr OF SAN Ono STATE OF CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MLE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFOFINIA IRO SHEET 1 OF 3, 1 REVISED 8-1-96 REVISED REVISED �0-18'-0199-0^2^ REVISED �O3 REVISED 5-26-04 fee . IVO Se woken.foNIOARY RP MOM ?P �P I TIE IRONFAOE OF EAN RAMO_ IS RASED MN R0.11NERR0EE14pp0N47 CCONTY ASSESSOR'S NAFS ANO SIDIRI PARCEL. MS YFd1EFIMFOlTDRIERAOHS N0TA A101RI5 NASLAND ENGINEERING NOTE ORIGINAL SHEET SIZE18'R26' N.E. JOB No.105-148 rl L AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MARVTENANCE DISTRICT NO.1 (MLE OF CARS) CRY OF NATIONAL CITY COUNTY OF SAN DEGO STATE OF CALIFORNIA NATIONAL BOULEVARD St2-]e0- t 1I aet-er-a1 It# 0 sea-etl-m tee TITANIINCRTATIOI AVENUE SHEET 2 OF 3 II 1 NA71G & CRY BOULEVARD 4w• 5e2-7+0-4e AM. REVISED 8-1-96 REVISED 6-11--97 REVISED 6--19-02 REVISED 6-09-03 REVISED 5-26-04 m �° !J NASLAND ENGINEERING G.O. LMd- . mermen . WVC KAMM, On 11~ Ptak F lee'. CMIWOYva*. NM • e1FN!-7fT 'bF' !►pl A tt EAAO t. 1K114�tX ,5 tM1 s ai tleteNoas ' NOTE: ORDINAL SIZE 18' x NE JOB No.1( 552-3t0-08 552-150-13 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1(MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALFORMA 562-220-13 01Etedl SQINOARY 1F asTRlci 56r]JO-35 562-330-43 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-6- 9-03 REVISED 5-26-04 NOTE: ORIGINAL SHEET SIZE18'x26' N.E. JOS No.106- 48 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 fumishings where appropriate. City of National City— Landscape Maintenance District No. 1 (Mile of Cars) 5-1 Prepared by NBS — Fiscal Year 2013/14 • 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 furniture; 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 181h 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 Separation of General Benefit Section 4 of Article XIIID of the California 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 1 1 A 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 District 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 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 assessors 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 $3.29 $6.43 $9.72 1996/97 N/A 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 1 1L City of National City Landscape Maintenance District No. 1 (Mile of Cars) Assessment Roll Fiscal Year 2013/14 AccountNo Owner Frontage (Feet) Levy Mien 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 ID 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) 4,492.24 562-340-70-00 '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 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;July 2, 2013 AGENDA ITEM NO.19 ITEM TITLE: Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2013/14. PREPARED BY: Raymond Pe, Principal Planner jims. DEPARTMENT: PHONE: 036-4421 j APPROVED BY: EXPLANATION: On June 18, 2013, the City Council declared its intention to conduct a public hearing concerning the levy of assessments for the Landscape Maintenance District No. 1 (Mile of Cars). At the June 18th meeting, the City Council initiated the proceedings for said levy and collection of assessments and approved the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and collected and describes the work program to be conducted by the Mile of Cars Landscape Maintenance District. ce Planning j A public hearing was held on July 2, 2013 to receive any public comments about the levy and collection of these assessments for Fiscal Year 2013/14. This accompanying resolution would confirm the assessment and order the levy for the Landscape Maintenance District No. 1 (Mile of Cars). 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 confirming the assessment and ordering the levy. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2014 WHEREAS, the 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, on June 18, 2013, the City Council adopted Resolution No., declaring its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, the Public Hearing was held July 2, 2013, and concluded, and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of Intention, the City conducted such hearing and considered all objections to the assessment. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of National City, as follows: 1. Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the Clerk. 2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this Resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2013 and ending June 30, 2014. 3. Ordering of the Levy: The City Council hereby orders NBS to prepare and submit the levy of assessments to San Diego County for placement on the Fiscal Year 2014 secured property tax roll. PASSED and ADOPTED this 2nd day of July, 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: July 2, 2013 AGENDA ITEM NO. 20 ITEM TITLE: Resolution of the City Council of the City of National City to award independent auditing services of the City of National City to Pun & McGeady, LLP for the fiscal years ending June 30, 2013 to June 30, 2015 in an amount not to exceed $60,000 with the option to extend the contract for each of the two (2) subsequent fiscal years. PREPARED BY: Mark Roberts DEPARTMENT: Ve PHONE: 619-336-4265 APPROVED BY: d.t EXPLANATION: With the expiration of the City's current audit services contract approaching, staff issued a Request for Proposal for Audit Services on April 15, 2013 with a due date for proposals of May 2, 2013 from interested firms. Three (3) proposals were submitted prior to the deadline, and a selection committee comprising the City Manager, City Treasurer, Director of Finance, and Financial Services Officer interviewed all candidates and unanimously selected Pun & McGeady, LLP to perform the audit engagement. FINANCIAL STATEMENT: ACCOUNT NO. 001-417-045-201 Maximum of $60,000/year for FYs 13 - 15. Maximum of $63,000 for FY 16 & $66,150 for FY ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to ORDINANCE: INTRODUCTION: APPROVED: Finance APPROVED: MIS 17, if option to extend the engagement is exercised. environmental review. FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 2. Agreement 3. Exhibit A to Agreement AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PUN & McGEADY, LLP THIS AGREEMENT is entered into this 2nd day of July, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Pun & McGeady, LLP, an Independent Auditing Firm (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Independent Auditing Services. WHEREAS, the CITY has determined that the CONSULTANT is an Independent Auditing 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 CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the 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, not to exceed a factor of 10% from the base amount. 1 3. PROJECT COORDINATION AND SUPERVISION. Mark Roberts, Director of Finance, 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 and execution of this Agreement for the CONSULTANT. Kenneth H. Pun thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on no more frequent than monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $60,000 for audit services for each of the 2013-15 fiscal years without prior written authorization from the Director of Finance. Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for fumishing of copies to the CITY, if requested. 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 2, 2013. The duration of this Agreement is for the period of July 9, 2013 through June 30, 2016, corresponding to audit services provided for the fiscal years ending June 30, 2013 to June 30, 2015. The City has the option of renewing this Agreement for two additional one-year extensions, in the amount of $63,000 for audit services related to Fiscal Year 2016, and $66,150 for audit services related to Fiscal Year 2017. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, 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. 2 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 shall, upon request of the CITY, execute any further document(s) necessary to further 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, drawings, 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. Notwithstanding the above, the working papers prepared in the course of performance of the Services and preparation of the audit report ("Working Papers") are the property of Consultant and constitute confidential information. However, Consultant is required to make such documentation available to the City Council or its designee. Pursuant to authority given by law or regulation, Consultant may be required to make certain documentation available to a federal agency providing direct or indirect funding, or the US Government Accountability Office for purposes of a quality review, to resolve findings, or to carry out oversight responsibilities. Consultant will notify the CITY of any such demand. If required, access to such audit documentation will be provided under the supervision of CONSULTANT'S personnel. Furthermore, if required, CONSULTANT may provide copies of selected audit documentation to the aforementioned parties. The Working Papers will be retained by CONSULTANT for a minimum of seven years after the report release or for any additional period requested by the City Council. If CONSULTANT is aware that a federal awarding agency, pass -through entity, or the CITY is contesting a finding, CONSULTANT will contact the party(ies) contesting the fording for guidance prior to destroying the documentation. CONSULTANT is required to undergo a "peer review" every three years. During the course of a Peer Review engagement, selected working papers and reports, on a sample basis, will be inspected by an outside party on a confidential basis. Consequently, the accounting work CONSULTANT performed for the CITY may be selected. The CITY acknowledges and gives permission to allow such access should CONSULTANT'S performance of Services be selected for review. 3 As a result of the performance of Services to the CITY, CONSULTANT may be required to provide information or documents to a third -party in connection with a legal or administrative proceeding (including a grand jury investigation) in which the CITY is a party but the CONSULTANT is not. If this occurs during the term of this Agreement, CONSULTANT'S efforts in complying with such demands will be deemed a part of this Agreement and CONSULTANT shall be entitled to compensation for CONSULTANT'S time and reimbursement for CONSULTANT'S reasonable out-of-pocket expenditures in complying with such request or demand. This does not, however, relieve CONSULTANT of its duty to observe the confidentiality requirements of CONSULTANT'S profession. 8. INDEPENDENT CONSULTANT. 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 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 Iicenses, 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 4 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 perfonning 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 any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 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 5 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 15. 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 CONSULTANTS negligent performance of this Agreement. 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. 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, suites, 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 willful 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 attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any 6 liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 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 insured's, 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 insured's, 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 shalt 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 7 the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 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 fmal 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 attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 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 8 CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for 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 delivered to 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: Mark Roberts, Director of Finance City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Kenneth H. Pun, Managing Partner Pun & McGeady, LLP Certified Public Accountants and Business Advisors 6265 Greenwich Drive, Suite 220 San Diego, CA 92122 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. 9 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 Clerk 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. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 10 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 party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 11 By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY PUN & McGEADY, LLP (Corporation —signatures ojavo corporate o9kers) (Partnership— one signature) (Sole proprietorship — ane signature) By: 114-1+ . CI --- (Name) tr+n(r✓E1r -r�i. "an/ (Print) PeArrA6 rei Ej %+4 / p"AstC (Title) 12 Exhibit A OPTIONAL YEARS Services FY 13 FY 14 FY 15 FY 16 FY 17 City Audit, including CAFR $30,000 $30,000 $30,000 $31,500 $33,075 Single Audit 8,000 8,000 8,000 8,400 8,820 GANN Limit No Charge No Charge No Charge No Charge No Charge Annual State Controllers Report 4,500 4,500 4,500 4,725 4,961 Financial and Compliance Audit of the CDC, 7,000 7,000 7,000 7,350 7,718 including Kimball Towers Separate HUD -required A-133 single audit 7,000 7,000 7,000 7,350 7,718 of Morgan Towers Commission A-133 single audit of federal 3,500 3,500 3,500 3,675 3,859 grants allocable to Housing Choice REAC electronic submission to HUD and No charge No charge No charge No Charge No Charge related attestations Total not to exceed $60.000 $60,000 $60.000 $63,000 $66,150 Included in the above costs are the following services, in accordance with the Request for Proposal ("RFP") for Audit Services: • serve as a resource and provide training to professional accounting staff on preparation of financial statements, best practices in conformance with applicable laws, and governmental accounting standards; ■ prepare a management letter to the City Manager containing comments and recommendations regarding the auditor's evaluation of the City's system of internal controls and accounting procedures; • make an immediate report to the Audit Committee of the City of National City, City Council, City Manager, City Attorney, and Director of Finance of all indications of irregularities or illegal acts of which they become aware, if any. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH PUN & MCGEADY, LLP, FOR INDEPENDENT AUDITING SERVICES FOR FISCAL YEARS 2013 THROUGH 2015 IN AN AMOUNT NOT TO EXCEED $60,000 WITH A PROVISION TO EXTEND THE TERM OF THE AGREEMENT BY ONE YEAR INCREMENTS FOR UP TO AN ADDITIONAL TWO YEARS WHEREAS, the City desires to employ a consultant to provide independent auditing services; and WHEREAS, the City initiated a Request for Proposals for auditing services and three entities responded, including Pun & McGeady, LLP; and WHEREAS, Pun & McGeady, LLP, an independent auditing firm, was selected based upon their understanding of the industry in general, and their 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 Pun & McGeady, LLP, to provide independent auditing services for Fiscal Years 2013 through 2015 in an amount not to exceed $60,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of July, 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 "EETING DATE: July 2, 2013 AGENDA ITEM NO. 2 ITEM TITLE: Request to use the Multi -Use Field at El Toyon Park by NFL Play 60 Character Camp on July 17 and July18, 2013, from 8:00 am to 2:00 pm each day, for approximately 300 youths. Applicant is requesting a waiver of fees. PREPARED BY: Joe Smith DEPARTMENT: Public W ( j PHONE: 336-4587 APPROVED BY: EXPLANATION: A request has been made by NFL Play 60 Character Camp to use the Multi -Use Field at El Toyon Park on July 17 and July 18, 2013, from 8:00 am to 2:00 pm each day, for approximately 300 youths. NFL Play 60 Character Camp is an organization that promotes and emphasizes character building skills and physical fitness to boys and girls, ages 9 to 13, with little or no football experience from local youth organizations. The program will work in collaboration with USA Football, the official youth football development partner of the NFL and its 32 teams, and is designed to tackle childhood obesity and introduce youths to football by teaching basic skills in a non -contact setting. NFL Play 60 is the health and fitness campaign aimed at getting boys and girls active for 60 minutes a day. .:ees for this 12 hour event are $50 per hour for a total of $600.00. Request to use the Multi -Use Field at El Toyon Park is in compliance with Council Policy 801 FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. n/a APPROVED: MIS Approval of request to use the Multi -Use Field at El Toyon Park will result in fees in the amount of $600.00. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Field/Facility/Park Use Application with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: n/a 1TTACHMENTS: .:field/Facility/Park Use Application Certificate of Liability Insurance Council Policy 801 Public Works Department 2100 Hoover Avenue National City, CA 91950 (619) 336-4580 Fax (619) 336-4594 www.nationalcityca.gov Applicant Information (Please be sure to print in blue or black ink) Today's Date: 11 /Jun 2013 Name: Samuel Gonzales organization: NFL PLAY 60 Address: 2106 "C" Avenue city/ State✓ zip: National City, California 91950 Phone: (619)250-5904 Contact: Samuel Gonzales Please check all that apply: El Toyon Park Field/Turf Sweetwater Heights Park El Toyon Rec. Ch._ Casa De Salud Field / Facility / Park Requested Kimball Park Camacho Gym Kimball Rec. Ctr Kimball Senior Centre Las Palmas Park Pool Camacho Rec. Ctr Nutrition Center Audio & Visual Equipment Required? (Please Specify) Please circle appropriate activity: Athletic Field rental* Baseball* Fi11* Basketball* Tennis* Soccer* Picnic Astrojump Meeting Room Softball* Volleyball* Swimming Other Activity *If reserved for league play, you must submit a team roster with addresses within 10 working days. Amount Grr'oo` est Date Paid: / / Initials: Field / Facility Information Dates requested: 17/Jun/zol 3 to 18/Junr2o 13 Days of the Week and Hours requested Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday From: Sam Sam To: 2 m 2 Totals (w ❑is 300 number of participants at your event 80 % of participants National City residents $ 5o. 42 Field / Faciiity Request Form Checklist Requesting Organization: NFL PLAY 60 Character Camp Name: Samuel Gonzales Please initial all sections of this checklist: X Field / Facility Request Form X Current Insurance Certificate Current Audited Financial Statement Current Roster Data (By 2"d Game of Season) Date: 11/Jun 2013 X Hold Harmless / Indemnification Current Organization's Bylaws Preliminary Roster Data Received Copy of City Council Policy 801 Public Property Use Bold harmless and Indemnification Agreements Person's requesting use of City property, facilities or personal are required to provide a minimum of $1,000,000 Combined single limit insurance for bodily injury and property damage which include the city, it's officials, agents And employees named as additional insured and to sign the Hold Harmless Agreement, Certificate of Insurance must be attached to this Permit As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City Of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability, or damages for any personal injury, death or property damage, or both , or any litigation and other liability, including attorneys fees and the cost of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the pennitee or its agents, employees or contractors. I have read and completed the above form to the best of my knowledge signature: Samuel I Q9nzales Date: 11/ June 2013 info@nediablos.com os.com Department of Public Works Staff Use Only Verified By: P /(I T Nlai Dt Date: 66 / I L l /3 Signature: At f ?� FOR DEPARTMENT SE ONLY ®J PARK DIVISION APPROVAL: YES NO DATE: / / PUBLIC WORKS APPROVAL: YES NO DATE: / / NOTE; ALCOHOLIC BEVERAGES / SMOKING BANNED IN ALL FIELDS / FACILITIES/ PARK Revised 0/28/11 1MUNOZ4 OP IQ: TO ''4 +©R CERTIFICATE OF LIABILITY INSURANCE twatoommenm 464110013 HOLDER. D5$ BY THE POLICIES HAMMED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EELOW. MIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AMINE CERTIFICATE HOLDER AND CONFERS NO RIGHTS UPON Ilia CERTIFICATE EXTEND OR ALTER THE COVERAGE A FORDED A CONTRACT EEIWEEN THE MUM IW8URM($), IMPORTANT: Elbe eewe0oate holder is as ADDITIONAL NWSURED, the must be endorsed. E SUBROGATION IS WAVED, subto the teens and carnations of Che policy, certain polies may require en endearment. A statement an the earliness' doss not confer rights to the c.tlSwle holler In Sell of such eMcrsentents). FRosn M Phana: 513.32114966 Ina Agy. Mr., Far:li1� M4501. ogan 1amour TP �t',.. - IrArLart .. fanall3 .AREm0atO COVERAGE WMC s NSORRt A: i Sp.c alh(1i1n11. MOM e� ��`#rhjl� 1404 Rasa $L Sub* 303 Cincinnati, CH 45202 enimena:W1 Pone Gmtp LW MUM c. MefReRC; NSURare: RIPPO rP: TE THE IS TO CERTIFY THAT THE PDLIpes OF INSURANCE LASTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR coraornok OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT :O WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUB.ECT TO ALL THE TERMS. EXCLUSIONS AIND COHDM NNS OF SUCH POLIpEB.. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PARE CLAWS, WES, DS T1e� M NelaAllfE AWL MS SAWN L POLICY MINK AIM JINS R1ry1 uara A N16MNLY.illiSI X RY mMESCI1LGENERAL LOOM, X CENSUSES& I11/0*12013 0010t1C2014 EACHSCONMENCS $ 1,000,000 wwals6 v, am II ! 300A00 AND €XP pavers pinto) i 000 PERSOFFALe WV WARY a 1,000r000 OROIRAL ABGRECAIE 1 9.000t000 f 3,000.000 OS LAGOREGATEMST APPLIES PE3i: 571 POUCY rim n LOC PRODUCTS. COISPKIP AGO APROKORLSIASSILIFY — ANY ALRO All OWNED AUTOS E/ PIPAUTOS ' ' _ — MCI4FOU FD Auras MHOS COMM) MOLE UM ■OOtY MkRRY-PrPsisoN 1 1p1 1L�YY INJURY (Pr+puWs� 1 O'VMeirroM 1 1 i sisree surd CMOS LMu OCCUR CLAISIS POE 6Affi OCGREf9LCE 1 AOGROGATE 1 CEO f I*interim sWOMIERSCOMPSNICATION ASO lYP1AYdRYlMdelTYMY FROPOSTORPARDSSUEIRCUTIVS flismdA � SiA WNW S t I St El-EACT[AtCiDENiormarootormo 1 Li. MUSE .EA�e.Or� E.L. DISEASE ..POLICY LW 1 � C TLOM vaikit OF°A ATCNe biker 8 8 tackiest Medical Accidental Death WESS107705 WES3I17700 011/01 S513 0010012013 0010112013 08/0112013 Benefit 25,000 Pwinc gum 10,000 Olisearnom OF OPERATIONS ILDCADON$rWIICL $ Owls* MORO OM. AMYM M,sMtia edrOuN,it 4,rspilwdl NS sass Amos National Football League, its weber professional football clubs, NFL Properties LLC, NFL Inteans LLC, NEL Productions LLC, NFL ventures, L.P, end each of their respective attbsidiaries, affiliates, shareholders, officer*, directors, agents, representative employees are named as Additional Insured,end the city of National City. CERTIFICATE HOLDER NFLPROP NFL Properties LLC MA 345 Park Avarua New York, NY 10154 CANCELLATION MOULD ANY OF TIE ABOVE DESCRBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THENEO , NOTICE WILL BE DELIVERED IN ACCOORDANCE I NTIH THE PDUCY PROVINIXIS. /FRO M= REPOLIPATATIVE Nicholas Bogmt ACORD 25 (2010/05) 13190$-2010 ACORD CORPORATION. M rights reserved. The ACORD name and logo are registered narks of ACORD CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 1 of 17 GENERAL POLICY A. DEFINITIONS For the purposes of this document, the following definitions will be used. Facility: any City of National City recreational building, sports field, court or associated areas. Organized Team Event: Any sport teams with seven (7) or more players participating in a sport with a coach present or in uniform, with exception of the following: (Basketball) Two teams of ten or more players with uniforms and officials; (Soccer/Football) Eight or more players with a coach and/or officials meeting consistently at the same time and/or same place, working on individual team skills. All organized teams are required to obtain a Use Permit. Club or Travel Team: Any single team that belongs in a league who's home office is not based in National City or travels to multiple cities during its season to play games. These teams are required to obtain a Use Permit. Pick Up Game or Casual Use: any sporting activity occurring on a one time or occasional unscheduled basis that is open to any participant at the park. Non-league or club teams using the fields or facilities in this capacity are not required to obtain a Use Permit. Note*: A group with a Use Permit has priority over groups without one. B. INTENT These Rules and Regulations are intended to promote the general health and welfare of the residents of the City of National City, by providing a fair manner of allocating team sports usage of City recreation facilities and sports fields based on the following rules: 1. Facilities, fields and services should be available to all people without discrimination. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page2of17 2. The recreational program should include a wide variety of activities for all age groups and interests. 3. Under certain conditions, AND AVAILABILITY OF FACILITIES, fees may be charged for use of facilities and specialized programs. 4. Maintenance andrenovation must be scheduled and implemented to maintain the community's high standards of aesthetics and sustain the playability of the City's facilities. (See Attached Field Maintenance Schedule) 5. National City has a zero tolerance policy with regards to smoking, alcohol and violence. All participants and users of facilities should be able to enjoy sports and programs free of any violence. Thus teams and organizations must have a zero tolerance policy with regards to smoking, alcohol and violence. Weapons of any type (including guns, knives, and whatever other weapons are "popular" today) and promotion of gang culture (Le. affiliation, colors, symbols, signs) shall be prohibited. C. NON-EXCLUSIVE USE If the City allows other organizations, or the City itself, to share use of the facility on a one-time, occasional or permanent basis, the organization shall agree to such shared use. In retum, the City shall adjust the organization's responsibilities/fees accordingly. It. GENERAL RULES A. FACILITIES OR FIELD USE PERMIT A Use Permit must be obtained at the Community Services Department prior to field or facility usage. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 3 of 17 1. Season: For purposes of this policy, seasons are established as follows: a. Fall Sports (September — November): Football, Cross Country, Water Polo, Tennis, Volleyball; b. Winter Sports (December —March): Soccer, Basketball, Water Polo; c. Spring Sports (March — May): Volleyball, Baseball, Softball, Swimming, Tennis, Track & Field; d. Summer Sports (June — August): Open.. Note: in Season" Calendar is based on Califomia Interscholastic Federation (CIF) competition. Outdoor Tennis and Basketball Courts are excluded from the sports season schedule. Any use other than the intended use of these courts is prohibited. 2. Permits will be issued for specific dates based on actual needs. Leagues will not be allowed to reserve fields for an entire season of exclusive use. 3. Priority will be given to those users whose sport has been classified as "In Season" (see above). With exception of the Summer Sports Season, priority will be given based on the organization that has the largest participant enrollment in the following order: a. National City Resident Youth Teams b. National City Resident Adult Sports teams c. Non -Resident. Youth Teams d. Non -Resident Adult Teams 4. If teams are tied with the same amount of enrollment, the team with the higher percentage of National City residents will get priority. If teams do not have any National City Residents on a team roster, priority will be based on a team with the largest participants enrolled. 5. Use of facilities will not be granted to groups for the purpose of profit making without prior City Council approval. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 4 of 17 6. The organization shall mandate that all coaching staff and volunteers adhere to "Positive Coaching Alliance' standards or the Code of Conduct from their own professional organization, or similar programs and standards. National City encourages each organization to perform background checks on all volunteers. 7. The City will be guided by, but not limited to, the following factors when considering Field/Facility Use Applications for approval: a) Applicant's history of compliance with City of National City codes, policies, rules, and regulations; b) Applicant's prior experience with the City of National City; c) Applicant's prior experience with other government or public agencies, sports leagues, clubs, travel teams and/or school districts; d) Applicant's prior history of acting in a responsible, safe and respectful manner while utilizing City facilities; e) Applicant's prior history of sportsmanship in its interactions with its team, other teams, city staff, and the community at large; and f) any other factor that the City deems applicable in order to provide the best services to the community as a whole. B. APPLICATION PROCESS 1. Each organization is required to submit the following prior to being granted a Use Permit: a) Field/Facility Use Application for each fieldffacility requested, b) Current roster and enrollment data (see Section II, #J) c) current organization bylaws, d) Proof of Insurance (see Section II, #P) e) Game schedule showing home games and away games f) a copy of 501(c)(3) status (if applying for non-profit status) and g) a current audited financial statement (as required for 501(c)(3) designations). 2. Current rosters are due by the completion of the season's second week of league game play. Fees must be paid within 10 working days prior to the date of the first practice/game. The City reserves the right to amend the fees if 'residency' information contained in the roster does not match original application. Applications submitted without a roster will be issued a 'temporary' permit which will be valid through the second week of play. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page5of17 Upon receipt of the final roster, a permanent permit will be considered. Also see Section II, #J .The deadline to submit a Field/Facility Use Application, will be the month of June -July for fall/winter use, and December -January for spring/summer use. Any organizations missing these deadlines may have access to remaining fields/facilities on an "as available* basis only. 3. The Community Services Department will hold a field/facility allocation meeting twice a year and will include one representative from each participating organization, City staff and a representative of the Parks and Recreation Advisory Board. This group will meet to review City policies and procedures, field/facility use application requests, allocate fields/facilities equitably, and encourage optimum cooperation between all user groups. Meetings will be held in August for the fall/winter season requests, and February for the spring/summer season. Note. If there is ample field space, a fieldallocation meeting, may not be needed, and space will be given based on the priority list (Section II, #I). 4. Any organization that has fields or facilities of their own must first fully utilize those resources before requesting City Fields and Facilities. C. STANDARDS FOR ISSUANCE The Community Services Department may issue a permit when it finds: 1. that the proposed activity or use of facility/field will not pose a hazard to public health, welfare, safety, or interfere with City recreation activities or programs. 2. that the proposed activity or use is not unlawful. 3. that the applicant will not disperse alcoholic beverages in, or on the facility/field. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 6 of 17 4. that the applicant has adopted the City of National City's policy of zero - tolerance for violence, drugs, smoking and alcohol, which includes prohibiting weapons of any type and gang promotion (affiliation, colors, symbols, signs). Articles of clothing that advertise, depict, or glorify alcohol, tobacco, .drugs, obscenities, violence, illegal activities, gangs, or prison life shall be prohibited. 5. that the facilities desired have not been previously reserved D. REVOCATION The Community Services Director or his/her designated representative shall have the authority to revoke a permit upon finding violation of any provision hereof, or upon good cause shown. F. .SECURITY FOR TEAM ACTIVITIES FpR MINORS Team activities for minors must be supervised by responsible adults on a minimum ratio of (1) adult for every thirty )minors. The City may require the sponsoring group to also provide security personnel to be in attendance. The proposed activity will not entail unusual, extraordinary or burdensome expense to the City or involve excessive police operations. G. ADVERTISING 1. Except for specific teamAeague signs, no advertising signs shall appear on City property without prior approval of the Com nunity Services Director and compliance with appropriate City ordinances. Also see Section I, #N regarding modifications to fields. 2. No soliciting, circulating of petitions, or use of sound trucks or platforms is permitted without written approval of the Community Services Director and compliance with the appropriate ordinances. H. HOUSE RULES 1. Each group or organization that applies for a Field/Facility Use permit will be given a copy of Policy #801 regarding the "Recreational Field and Sports Facility Rules and Regulations" CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 7 of 17 2. Games and practices can begin no earlier than 12:00 noon on weekdays (Monday -Friday) and 8:00 a.m. on weekends (Saturday -Sunday) unless prior approval has been given by the Community Services Director or his/her designee. No games and/or practices may be scheduled for the following dates: Thanksgiving, Christmas Eve, Christmas Day, New Years Eve, New Years Day, and the 4th of July, without prior approval from the Community Services Director or his/her designee. 3. If keys have been issued, groups must ensure that doors/windows/gates have been locked, lights tumed out, and field/facility is secured. The person who signed the Facility Use Application is responsible for any keys issued and must ensure that they are kept safe and secure.. 4. Games and practices must end no later than 10:00 p.m. (Sunday - Saturday), unless prior written approval from the Community Services Director or his/her designee has been obtained. 5. Weekend use, on a regular basis, may be subject to limited hours at the discretion of the Community Services Director, or his/her designee. 6. Organizations/groups utilizing lighted fields/facilities are responsible for ensuring the proper use of lights. Groups are required to submit schedules with their applications outlining their usage time for lights at each requested facility, and inform the City of any changes. The City reserves the right-te-bill-user-groups-for-hourly energy -costs. 7. All groups are required to notify the City at least 24 hours in advance of scheduled changes, and/or when field/facility lights are not required. The City reserves the right to bill user groups for hourly energy costs incurred when lights are left on and the fields are not being used, when reserved/scheduled. 8. Use of metal cleats is prohibited without prior approval from the Community Services Director, or his/her designee. 9. At the conclusion of games, practices, and activities, organizations must leave the park/field/facility quickly, quietly, clean, and clear of debris. Failure to do so may result in a clean-up fee, forfeiture of deposit and/or a refusal of future application reauests. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 8 of 17 10..Due to maximum occupancy limits and parking availability, maximum group sizes may be instituted, or a request may be denied when applying for a facility permit. 11. Lost keys will be subject to replacement fee per Section K. PRIORITY To ensure community recreation fields/facilities are used in the best interest of National City residents at large, the fields/facilities will be administered in accordance with the priority system and following rules. The formula used to determine field allocation percentages will be as follows: the total number of an organization's players, divided by 12, equals the number of teams. The number of teams, divided by the total number of all participating teams, equals that organization's field allocation percentage. 1) CITY PROGRAMS. National City Programs shall have priority over any other programs or usage. 2) CITY SPONSORED PROGRAMS. National City co -sponsored programs shall be given second priority. 3) RESIDENT NON-PROFIT 501(C)(3), NATIONAL CITY YOUTH LEAGUES. National City non-profit community -based leagues, whose charters state service of youth and youth sports activities, with 70% of participants having a National City residency and whose ages are eighteen (1.8) or younger at the beginning of the season. 4) RESIDENT NON-PROFIT NATIONAL CITY ADULT LEAGUES. National City non-profit community —based leagues, whose charters state. service of adult sports activities, with 70% of participants having a National City residency and whose ages are eighteen or older. 5) NON-RESIDENT NON-PROFIT YOUTH LEAGUES. Non -Profit organizations whose charters state service of youth and youth sports activities with less than 70% of participants having a National City CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 9 of 17 residency whose ages are eighteen (18) or younger at the beginning of the season. 6) NON-RESIDENT YOUTH LEAGUES WITHOUT NON-PROFIT STATUS. See `Pick -Up Game or Casual Use' definition in Section II, #A. 7) PRO or SEMI -PRO TEAMS. Team must have an office located within the City of National City. Team must be affiliated with a verifiable pro or semi -pro organization. Team rosters must be comprised of persons eighteen years of age or older. For -profit teams must provide the City of National City with 40% of the total profit, and documentation showing total revenues for verification. Also see Section 1, #K regarding 'Gate Receipt' fee. 8) ADULT NON-RESIDENT WITHOUT NON-PROFIT LEAGUES 9) OCCASIONAL USE/RECREATION PLAY. Resident National City Non - Profit Youth League organizations will be given priority for occasional use. Those persons who require the use of a playing field for recreational play such as a company sponsored competition, or youth leagues without non-profit status, shall pay a Use Fee (See Section K) at the rate stated for Adult -for -Profit in the current adopted user fee schedule. 10) TOURNAMENTS. Tournaments shall be defined as non -regular league play or off-season competitions with the primary purpose of fundraising or profit earning. Generally, tournament play is completed in three or less days including Resident Youth Leagues, Non -Resident Youth Leagues, Adult Non -Profit Leagues and Adult -for -Profit Leagues. 11) ADULT LEAGUES FOR -PROFIT STATUS. Leagues whose rosters are comprised of persons eighteen years of age or older, and do not have non- profit status. For -profit teams must provide the City of National City with 40% of the total profit, and documentation showing total revenues for verification. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 10of17 J. RESIDENT ADULTIYOUTH ROSTER AND NON-PROFIT VERIFICIATION Each organization must present enrollment data from their current season indicating names, addresses, phone numbers, and birth dates of all participants. The number of participants within each organization's enrollment must be confirmed by the City prior to•the field allocation meeting. Failure to provide an official or complete roster with the application may result in: 1. being issued a temporary permit (valid through the end of the 2nd game only), or 2. may place the league in a non-resident fee status, and applicable fees will be charged. 3. also see Section II, #B Each organization must present proof of current non-profit status to receive non-profit status priority. K. FEES AND CHARGES 1. City sponsored events, and 'Resident Teams' will not be subject to a user fee. Resident Teams are defined as having a minimum of 70% National City residents. 2. User Fees are required for organized team events, leagues, and practices that require exclusive use of Outdoor Tennis & Basketball Courts, Indoor Basketball Courts, Baseball/Softball, Soccer and Football Fields. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 User Fees Resident teams Non-resident teams Page 11 of 17 N/A $50/hour, 2 hour minimum Field Maintenance/Cost Recovery: turf repair, maintenance, water, equipment. Resident Teams - N/A Non-resident Teams - $10 per participant, per season Use of sport field lights: Resident Teams Non -Resident Teams Aquatics rental (sports teams/leagues): Resident Teams - Non -Resident Teams - $10 per hour $20 per hour $25 per hour $35 per hour Lifeguard fee - $20/hr with 3 guard minimum The number of lifeguards required per event is determined by what the Pool Manager deems safe. Gate Receipt Fee: Any team that charges spectators admission or collects fees, will be assessed fees equivalent to 40% of their documented revenue. These fees must be paid to the City within two weeks after each event. Also see Page 9, #7. Pool Maintenance/Cost Recovery: water, power, gas, and chemicals Resident Teams - $25 per hour Non -Resident Teams - $35 per hour Clean up fee: A clean-up fee may be imposed and based on actual cost when a field is left with an unusual amount of debris. Key replacement fee: $50 per key L. MINIMUM FIELD USAGE Fields cannot be reserved for Tessthan two hour use. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 12 of 17 M. PAYMENT OF FEES Fees and deposits are to be paid at the time of approval unless special arrangements have been granted by the Community Services Director. Rain outs need to be made up during the season. The season can not be extended. If the fame can not be made up, a refund will be given for the day missed. N. MODIFICATION OF SPORTS FIELDS All requests for permission to modify park grounds must be approved in writing by the City of National City. All installations become the property of the City. All requests must include a. "Letter of Intent", accompanied by construction drawings and specifications. No modifications shall be made without prior approval. O. INDEMNIFICATION The applicant must complete a release, hold harmless and indemnity agreement which releases the City, its elected officials, employees, representatives, and/or agents from any and all claims asserted, suits or liability established for damages or injuries, including death, to any person or property, including injuries to applicant, caused by or alleged to be caused by any act or omission by the City, its elected officials, employees, representatives, and/or agents which arise out Of or are in any matter directly or indirectly connected with the use or condition of the premises. P. INSURANCE 1. All groups are required to have insurance to protect the City from liability occasioned by their use of City premises. Specifically, all insurance required by this policy shall be written by California admitted companies which are rated at least "A,VIII" by the current A.M. Best Rating Guide or by a company of equal financial stability which shall be approved by the City's Risk Manager. 2. Commercial General Liability coverage with limits of at least one million dollars ($1,000,000) per occurrence must be provided. The City of National City must be named. as an additional insured pursuant to a separate endorsement which will be provided to the City along with the Certificate of insurance prior to use of City fields/facilities. In addition, all CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED; May 3, 2011 Page 13 of 17 deductibles and/or self -insured retentions must be disclosed to and approved by the City's Risk Manager. 3. Insurance coverage may be obtained through the City under terms, conditions, and rates applicable at the time, depending on the nature and duration of the proposed use. Groups desiring to purchase such insurance through the City must contact the City's Risk Manager. III. RULES GOVERNING USE OF SPORTS FACILITIES (Glint Pool. Etc) A. Applicant desiring to use a facility must apply at least ten working days prior to use. Recreation sponsored classes and activities have priority and will not be changed to accommodate a group or organization unless authorized in writing by the Community Services Director. B. The Community Services Department must be notified of cancellations at least 24 hours in advance. Failure to do so may result in denial of privileges in the use of facilities, or full/partial forfeiture of fees/deposits. C. Food and/or beverages will be allowed only when authorized by the Community Services Director. NO ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS ALLOWED. D. Premises shall be left in the same condition they are found. Groups will be held responsible for breakage and general clean up. Failure to comply may result in denial of use of facilities. E. Equipment and/or furniture shall not be removed from buildings. F. Officers of groups shall supervise the conduct of their members to avoid damage to City property. G. Reservations of facilities may be subject to change or cancellation at any time by the Community Services Department upon reasonable notice being given. CITY OF NATIONAL CITY CITY .COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 14 of 17 IV. RULES GOVERNING USE OF COURT AREAS (Tennis, Volleyball and Basketball courts) A. City sponsored classes and tournaments shall have priority on all courts. B. Tennis players must wear tennis shoes (i.e.: white soled shoes) C. Tennis courts are for tennis only or for such .activities as may be scheduled by the Community Services Department. D. Tennis players must provide their own equipment. E. Bikes and skateboards and roller skates and blades are not allowed on tennis courts. F. Volleyball nets, volleyballs, and basketballs may be checked out from the Camacho Recreation Center. V ATHLETIC. FIELD REGULATIONS A. See separate sections that address additional rules that are specific to the Skate Park (Section VI) and Multi -Use Soccer/Football field (Section VII). B. Equipment and maintenance: Each user group must provide its own bases, chalk and field preparation equipment. C. No vehicles are allowed on sports fields/surfaces or other park grounds, except when authorized by the City. Violators are subject to citation. D. League officials shall supervise the conduct of their members. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 15 of 17 E. The Community Services Department must be notified of any cancellation at least 24 hours in advance. Failure to do so may result in denial of use of facilities. F. All reservations may be subject to change or. cancellation at any given time. G. Trash and litter must be picked up and fields/facilities left in a clean and orderly condition, as this is the responsibility of the OrganizationlTeam. Please report any vandalism, criminal offense, disturbances, or maintenance issue to National City Police Department at (619) 336-4411 or the Community Services Department at (619) 336-4290. Your help is appreciated in preserving the National City tradition of clean parks and quality playing fields. H. No permanent advertising signs shall appear on City property unless approved by the City. Any temporary signage must be previously approved by the Community Services Director or designee and must be affiliated with the league or team (See Section II, #G). I. No pesticides, herbicides, insecticides, fungicides, etc. may be applied without prior written consent of the City. This consent must be accompanied by a Pest Control Advisors Report. All work must be performed by a Licensed Pest Control Applicator. J. Weather conditions. During rain or wet conditions, call the Community Services Department at (619) 336-4290 to see if fields are playable. K. Use of Score Shacks/Snack Bars by the permit holder will be permissible. L. Team/League items in score shack must be removed within 10 business days of the end of the Season or Tournament. The facility must be left in a clean and orderly condition. . M. The City shall not be held responsible for the loss or theft of any item or equipment from Score Shacks/Snack Bars. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 16/17 VI RULES GOVERNING USE OF SKATE PARK A. Skate park facility rental is govemed by the Temporary Use Permit Policy (available from the Neighborhood Services Division) B. City sponsored classes and events shall have priority C. Helmets and proper protective gear must be worn at all times when using the facility D. Bikes are not allowed in the skate park. E. All users use the facility at their own risk. VII RULES GOVERNING THE MULTI -USE FIELD AT EL TOYON PARK A. Field is available for Soccer or Football by permit only, to ensure that all users are aware of the rules. You may obtain a Field Use Application from the Community Services Department B. Teams are required to provide their own soccer nets. Nets must be removed at the end of the game and may not be stored on City property C. Permitted users may be limited to a specific number of hours on the field, in order to stay within the maximum usage allowed by the warranty. D. If teams participate in rotating league games, this field may only be used for "home" games. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 17 of 17 E. Due to the fact that this is an artificial surface, the City and all permitted users must adhere to the following requirements in order to maintain the manufacturer's warranty. The following items are prohibited on the turf/field: 1. No Pets 2. No paints, chalks or permanent markings 3. No tape (to mark the surface) 4. Only non-metal, 'V" molded 'grass' cleats are allowed. 5. No bikes, skateboards, roller blades, skates or other wheeled sports 6. No shotput or javelin, or similar activities that may damage the turf 7. No food, drinks, sunflower seeds or gum 8. No glass bottles or containers 9. No vehicles except as approved by the City 10. No cigarettes, cigars or other smoking materials 11. No fireworks or open flames 12. No driving stakes (to anchor tents, canopies, etc) F. Users who operate their own snack bars, must limit the type of snacks/food/ beverages are sold to ensure that prohibited items do not get onto the field. G. In addition to the specific rules for this field, all other Field Use rules and regulations throughout this policy also apply. CITY OF NATIONAL CITY CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IEETING DATE: July 2, 2013 AGENDA ITEM NO.22 ITEM TITLE: Authorizing the Mayor to sign a letter supporting the June 7, 2013 letter from the Environmental Health Coalition to the San Diego Unified Port District. PREPARED BY: Brad Raulston' DEPARTMENT: PHONE: Ext 4256 APPROVED BY: EXPLANATION: At the June 18, 2013 City Council meeting Carolina Martinez from the Environmental Health Coalition (EHC) spoke during non -agenda public comment and requested support for a letter EHC had sent to the San Diego Unified Port District (SDUPD). The City Council requested staff to prepare a letter of support and return at the next City Council meeting for authorization. The draft letter of support is attached along with EHC's June 7, 2013 letter to the SDUPD. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 1 APPROVED: N/P ENVIRONMENTAL REVIEW: 'N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Authorize the Mayor to sign the draft letter of support. BOARD 1 COMMISSION RECOMMENDATION: 4TTACH M ENTS: 1. Draft letter of support 2. June 7, 2013 letter from EHC to the SDUPD Attachment "1" Mayor Ron Morrison Members Jerry Cano Luis 'Louie' Natividad Mona Rios Alejandra Sotelo-Solis July 3, 2013 Chair Ann Moore San Diego Unified Port District PO Box 120488 San Diego, CA 92112 Dear Chair Moore: City Of National City The City of National City has reviewed the June 7, 2013 letter from the Environmental Health Coalition to the San Diego Unified Port District. The City supports the comments in the letter regarding Pasha's request to amend its terminal operating agreement. All parties must continue to work together through a public process to ensure an outcome that is consistent with our past actions and ongoing goals and principles. In 2005, the Port Commission and our City Council unanimously approved six principles for working together, including: ■ Protection of maritime uses; • Enhancement of the Working Waterfront Group effort; ■ Environmental compliance; • Building of public amenities/visitor serving development compatible with the Marina, Marina Gateway and Aquatic Center projects; ■ Demonstration of financial benefit to the Port and City; and • Public participation with the City. Environmental compliance is a key issue for current conditions and any expansion plans. Maritime and visitor serving uses will need to study impacts as we consider growth and offer reasonable mitigation. This environmental review under CEQA is required in both of our jurisdictions and should be considered cumulatively within the Marina District. We will work with your staff to understand what the current entitlements allow for and ensure compliance now and moving forward. Thank you again for your continued efforts to support National City. We are proud to be the home of the National City Marine Terminal and the Pier 32 Marina. We will continue to work with the Unified Port District and our community to create the win that we all hope to achieve. Sincerely, Ron Morrison Mayor of National City cc: City Council of National City Port Commissioners Leslie Deese, City Manager Wayne Darbeau, President/CEO Carolina Martinez, EHC 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4236 Fax: (619) 336.4239 mayor@nationalcityca.gov Attachment "2" litENVIRONMENTAL OEALTH COALITION June 7, 2013 2121 HOOVER AVE.. SUITE 2U2 • NATIONAL CITY. CA 91950 (619)414-622U • WWW.ENVIRUNMENTALHEALTH.ORS Chair Ann Moore and Port Commissioners San Diego Unified Port District PO Box 120488 San Diego, CA 92112 RE: EHC comments on PASHA's request to amend its Terminal Operator Agreement Dear Chair Moore and Commissioners: Environmental Health Coalition (EHC) understands that PASHA and the Port are currently negotiating a significant update to its Terminal Operator Agreement (TOA). PASHA is a major tenant for the Port and receiver of benefits resulting from its prime land location. PASHA is also a major receiver of public subsidies —in both monetary and in -kind form. PASHA benefits from use of National City public parking areas where car carriers park and idle outside of the NCMT within National City. In addition, PASHA's operation was prioritized by SANDAG to receive $151 million in public subsidy for NCMT Wharf Extension, Vehicle Processing Facility, and Berths 24-10 and 24-11, according to the 2050 San Diego Regional Goods Movement Strategy. While PASHA continues to thrive and expand its business with the support of the Port and other local agencies, it is fundamental the Port ensures the updated PASHA TOA guarantees mitigation of impacts to its neighboring community. The size and extent of the PASHA operations in National City has grown 10-fold since 1990. The first year, the company processed 30,000 cars; PASHA currently processes over 400,000 cars on a yearly basis and reached the 4 million mark in 2011. Its operation has grown significantly while impacting adjacent communities. The increases in impacts have not been analyzed or mitigated. This needs to be rectified before any additional land or capacity is allowed. EHC requests that the following issues be addressed and included as part of the updated PASHA TOA. 1. ENVIRONMENTAL REVIEW As a discretionary action the update of the TOA is subject to environmental analysis. Prior to issuance of an extension or expansion of leasehold areas, the Port must conduct the appropriate environmental analysis for the expanded actions. This action is a `project' under CEQA and, as such, requires environmental review. (PRC Section 21065). Mitigation measures to address environmental impacts from operation —direct and indirect —must be committed to for the expected life of the lease and all extensions. The assessment must result in mitigation measures that are incorporated into the TOA. EMPOWERING PEOPLE. ORGANIZING COMMUNITIES. ACHIEVING JUSTICE. EMPODERANDO A LA 6ENTE. OR6ANIZAN00 A LAS MUMMIES. LOGRAN00 LA JUSTICIA. The Port is required by CEQA to analyze and mitigate greenhouse gas (GHG) emissions, using measurable and enforceable measures, to a level that will be less than significant, based on the best available science (CEQA Guidelines § 15064.4). Recent court rulings have supported that the GHG reductions target of Executive Order S-3-05 to be based on the best available science to reach less than significant impacts. Therefore, PASHA should be required to reduce its GHG emissions to this less -than -significant level. In addition, impacts to air quality (cars, trucks, rail), traffic, water quality, noise, loss of public use of land, water and energy use must all be evaluated and mitigated. CEQA guidelines also mandate analysis of a proposed project's potential energy use, including transportation -related energy, sources of energy supply, and ways to reduce energy demand, including through the use of efficient transportation alternatives. (CEQA Guidelines, Appendix F; PRC § 21100(b)(3)) Finally CEQA requires that lead agencies must analyze potentially significant impacts associated with placing projects in hazardous locations, including locations potentially affected by climate change. (CEQA Guidelines § 15126.2(a).) The PASHA TOA should be required to review the impacts of locating near rising sea levels. All adaptation or greenhouse gas mitigation measures must be included for the life of the TOA and the project. 2. EXCLUDE K LOT AND PARCELS 028-007 and 028-007 The Port should disallow long-term leases or operation on parcels 025-010 parcel 4 (known as K Lot) or 028-007 (on 32ND street, north east of Pepper Park). Our members have been active in the Marina District Planning process to secure a quality bayfront experience for residents. We request that Lot K and Parcel 028-007 be held as the location for a focal community amenity like a community pool or active open space that will bring National City residents to the Marina District area. 3. PARCEL 025-010: Parcel 025-010 shall remain as a Temporary Use area until National City and the Port have determined whether or not it is needed for a joint use project with the Port. The Port may be able to fund or develop a joint -use facility on trust lands Pursuant to the Port Act. Port lands may be used for "purposes in which there is a general statewide interest", including: For the construction, reconstruction, repair, maintenance, and operation of public buildings, public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. (Port Act §87(a)(5). Old Town National City endures the impacts resulting from NCMT and the heavy truck traffic along the neighboring freeway. The joint use will work in collaboration with the City's efforts to reduce health impacts resulting from high levels of pollution in the Old Town neighborhood. The City of National City is searching for a receiving site for the City's Public Works Yard to give room to affordable housing. The planned affordable housing project resulted from a community planning process prioritizing growth and zoning that reduces environmental impacts. National City has already taken a proactive role to improve the health of Old Town residents. The joint use is the Port's opportunity to mitigate Port environmental impacts to its most immediate neighbor. 4. CAR STACKING STRUCTURE PASHA should be required to maximize its efficient use of premium land through the construction of a car stacking structure, in order to free up land for other uses. The NCMT bayside land is adjacent to deep water berthing, has easy freeway access, and is located close to the border. The single layer parking of thousands of cars is inefficient. The stacking structure will increase storage capacity and release bayside land for other community or public uses. The structure should be included in PASHA's Capital Investment requirements; and can include financing mechanisms facilitated by the Port via a low -interest loan or other means. A public grade commercial parking structure is not necessary here as it is not used by the public but more as a storage unit for PASHA's cars such. Such car storage is in use at other Ports. We understand that the past analysis was done for a parking structure which is more expensive than what is needed here. 5. TRUCK STAGING AREA Trucks that service PASHA currently "stage" or park on surface streets in the neighborhoods of National City. PASHA should be required to identify a location on the terminal where, beginning on January 1, 2014, all trucks may park on the terminal while waiting for dispatch. By January of 2015, PASHA shall complete a feasibility study on electrification of the truck staging area so that trucks might plug in to shoreside electricity while on the terminal. The staging area should include basic services for truck drivers as well. At all times, PASHA should ensure that trucks are in compliance with California's truck anti -idling regulation, the Air Toxics Control Measure to Limit Diesel -Fueled Commercial Motor Idling. 6. RAIL OPERATIONS & TRUCK OPERATIONS: NO NET EMISSIONS INCREASE. PASHA has stated its intention to increase the volume of cargo throughput at NCMT, and also to increase the proportion of that cargo that is shipped to or from the terminal by rail, rather than by truck. The lease must ensure that no net increases occur in PM2.5, diesel exhaust, sulfur oxides, or nitrogen oxide emissions on the terminal —from trucks, rail, or other shipping operations-- , relative to a base year of 2010. Reductions or offsets may come from any combination of cleaner technology (for rail, trucks, and ships), cleaner fuels, reductions in truck traffic volume, or other reductions in combustion of fossil fuels from any operation at the terminal. To protect downstream communities from increases in emissions due to increases in rail traffic, PASHA shall require that linehaul locomotives that move PASHA cargo meet US EPA Tier 3 exhaust emission standards until January 1, 2015, and Tier 4 standards thereafter. 7. TRUCK ROUTES At such time as truck routes are established for National City Marine Terminal, PASHA shall inform all of its truckers of the route and establish a method of monitoring compliance with the route. 8. ENERGY EFFICIENCY AND RENEWABLE ENERGY PASHA should be required within six months of TOA amendment to have a third -party verified commercial grade energy savings audit, to examine demand management opportunities including efficiency upgrades, equipment retrocommissioning, and on -site clean energy generation. Within three years, PASHA should be required to implement all energy demand management recommendations from the audit that have a collective payback of 15 years or less. By 2020 PASHA should be required to become a zero net electricity operation (electricity usage equals on -site clean energy generation). Any new construction undertaken by PASHA over the term of the lease should achieve net zero standards. 9. JOB OUTREACH TO LOCAL COMMUNITIES EHC encourages PASHA to commit to establishing a training and other outreach programs in National City that can lead to employment opportunities at the company. Facilitating the hire of local residents will benefit National City, PASHA, and the Port. It will enhance the relationship between PASHA and National City's community; it promotes equity, keeps taxpayers dollars locally, and reduces the environmental costs of long commutes. EHC recommends that PASHA be required to establish a training program or coordinate with existing local training programs, which serve local low-income community members, on curriculum and job placement. 10. CIRCULATION ANALYSIS: We request that a traffic and circulation analysis also be required so that truck routes and other traffic management measures can be established., PROPOSED NEXT STEPS We have been briefed by Port staff regarding the proposal for moving forward as outlined in the staff report. We support the two-part approach as long as the following conditions are met: 1. These additional requirements are added to the short amendment: a. A requirement not to idle trucks while being loaded. b. PASHA should be required to comply with the energy measure outlined in #8 above. c. The Port designates an official truck route and PASHA agrees to educate its truckers to use it per #10 above. d. Efforts to improve job noticing and outreach be improved per #9 above. e. PASHA is not exempted from cost recovery for any port staff work beginning immediately. 2. The term sheet includes a section of community impacts mitigation and greenhouse gas reductions including the rest of the items above where appropriate and that the window of the term sheet negotiation be conducted within 24 months. Further, future Carolina Martinez Policy Advocate Joy Williams Research Director analysis should include thresholds of activity or impacts that trigger additional mitigation. 3. We further request that the Port agree that the `baseline' for future environmental review is the original permitted throughput of 30,000 cars per year using the technology of that year. This will give a more accurate picture in that it will reflect more real throughputs (300,000 to 400,000 cars a year) and clean truck technology. 4. For any future leases or amendments, we request that the burden of noncompliance be placed on the non -compliant tenant. Noncompliance should not be reliant on the District sending a letter of noncompliance. If a tenant seeks an extension to comply, it should be incumbent on them to solicit an extension from the District in writing. There should also be explicit penalties for noncompliance. 5. In cases such as this one where a tenant seeks an automatic extension without timely completion of its capital improvement, interest should be paid to the Port for the time during which the expenditures were not made for the public benefit or the `automatic' extension should be shortened. EHC and our members will continue to be active in PASHA's new lease agreement and the Marina District Planning Process to secure a quality bayfront experience for residents. Our members are seeking the location of a focal community amenity like a community pool or active open space amenities that will bring National City residents to the Marina District area. This action is another reminder that the communities adjacent to the Port continue to bear the brunt of pollution from the marine terminals and they will bear the brunt of climate change if we don't act. The Port has a moral and legal responsibility to be a good neighbor and a steward of the public trust and take action on this and all future projects to ensure these impacts end. Thank you for the opportunity to comment on this important issue. Sincerely, cam j wv Laura Hunter Policy Advocate 5 ITEM # 23 7/2/13 UPDATE ON BOYS & GIRLS CLUB AND TINY TOTS PROGRAM (COMMUNITY SERVICES) ITEM # 24 7/2/13 "NATIONAL NIGHT OUT" UPDATE (POLICE) Item # 25 07/02/13 REPORT ON THE PROCEDURES TO BE FOLLOWED FOR THE ADJOURNMENT OF THE CITY COUNCIL AND PARKING AUTHORITY MEETINGS OF JULY 16, 2013 (City Clerk) ITEM #26 7-2-13 REQUEST COUNCIL TO GO ON RECORD IN SUPPORT OF THE GOAL TO CREATE REGIONAL WATER REUSE PLAN SO THAT BOTH NEW, LOCAL, DIVERSIFIED WATER SUPPLY IS CREATED AND MAXIMUM OFFLOAD AT POINT LOMA IS ACHIEVED TO SUPPORT FEDERAL LEGISLATION FOR "PERMANENT" ACCEPTANCE OF ADVANCED PRIMARY AT POINT LOMA, MINIMIZE ULTIMATE POINT LOMA TREATMENT COSTS AND MOST EFFECTIVELY SPEND RATEPAYER DOLLARS DUE TO SUCCESSFUL COORDINATION BETWEEN WATER AND WASTEWATER AGENCIES. (COUNCIL INITIATED) ATKINS Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, California 92130 Telephone: +1.858.874.1810 Fax: +1,858.259.0741 www.atkinsg lobal.comMorthamerica SAN DIEGO WASTEWATER SYSTEM/MODIFIED PERMIT (WAIVER) a Point Loma Wastewater Treatment Plant (PLWTP) — 240 MGD • North City Water Reclamation Plant (NCWRP) — 30 MGD ■ South Bay Water Reclamation Plant (SBWRP) — 15 MGD • Metro Biosolids Center • Point Loma and South Bay Ocean Outfalls tk46 irk • Metro Wastewater Pump Stations r ■ Muni Wastewater Collection System ■ Treatment /Process Levels > Primary > Advanced Primary > Secondary > Tertiary ■ Clean Water Act (1972) > Treatment Plant Permits Required > Secondary Treatment • Wastewater plants must get a permit or modified permit (waiver) every 5 years (involves EPA, RWQCB, SWRCB and CCC) ■ Ocean Pollution Reduction Act (OPRA) (1994) > Congressman Filner sponsored > Allowed San Diego to apply for a waiver > In return San Diego built the NCWRP and SBWRP Since then: > San Diego applies for a waiver every 5 years > To get environmental community support of waivers: o San Diego did refined estimate of cost to convert PLWTP to 240 MGD secondary ($1 billion capital cost without financing or operating costs) o Did comprehensive review and upgrade of Ocean Monitoring Program c Did studies and demonstration projects of converting reclaimed water to Indirect Potable Water o The current permit/waiver expires in 2015 April 24, 2013 Page 2 of 2 ATKINS CONCEPT • Divert 100 MGD of wastewater upstream of PLWTP to tndirecPotable Reuse at San Vicente and Otay Reservoirs ■ Reduce PLWTP permit to 140 MGD Advanced Primary ■ PLWTP has run as high as 180 MGD without any negative impact to the ocean environment ■ Enact Federal legislation to allow PLWTP to remain at 140 MGD Advanced Primary getting permits every 5 years in return for creating 100 MGD of Indirect Potable Water Capacity Note: Cost estimates need to be done for a 80 to100 MGD Indirect Potable Reuse System and a 140 MGD Secondary PLWTP but 140 MGD of Secondary would probably be $500 to $600 million in capital costs with no improvement for the environment e( �A a 40 Mtie tfLUACC tjate, 10L_ A' 0. ! LWAllnu/L 2 a METRO In WA STEWATER J PA Why we are here: Define the problem, consider strategies, and determine the level of commitment to a solution Problem #1: • The Point Loma Wastewater Treatment Plant permit must be renewed every five years. It expires in July 2015. • Science has demonstrated that Point Loma can operate at the chemically enhanced primary treatment level without harming the environment. • Therefore, the Environmental Protection Agency (EPA) granted Point Loma a (modified) permit to operate (240 mgd). • The modified permit grants a waiver from operation at the secondary treatment level. Why? Because conversion to secondary would cost $1 4B — a significant impact to rate payers Problem #2: • San Diego is at the end of the water supply pipeline and the supply is getting low. • Diversifying and localizing our water supply will provide greater local control. Solution: Use Problem #1 to Help Fix Problem #2: • Secondary Equivalency: Offloading 100 mgd from flowing into the Point Loma Wastewater Treatment Plant has an effect equivalent to treating the current 240 mgd limit to a secondary level. The mass emissions are equivalent. • Potable reuse: Indirect (IPR) or Direct (DPR): A strategy that contributes to reducing flow to Point Loma by 100 mgd and increases diversification and local control of water supply. CLat4 7X 6/20/2013 Regional Water Reuse Plan As a Strategy for Permanent Acceptance of Point Loma Wastewater Treatment Plant at Advanced Primary June 20, 2013 METRO M '£" N6"'E"JPA Cost estimates are currently wide -ragging and subject to change 1 6/20/2013 What Makes Sense? 1. Best use of ratepayers' dollars 2. Point Loma as an Advanced Primary Facility: "If it works at 180 mgd, it works at Tess than that..." 3. Water reuse as a way to both offload Point Loma AND create new, local, diversified water supply 4. Regional Water Reuse Plan as leverage to secure federal legislation accepting Point Loma at Advanced Primary = NO MORE WAIVERS only required permit renewals 5. Coordinated, collaborative effort across PAs to hamess legislative power at all levels El WASTEWATER JPA Metro JPA 2011-2013 Strategic Plan 2011-2013 Strate gic Plan 2 6/20/2013 Water Reuse Page 27, Strategic Plan Water Reuse Strategies: Distributed treatment? On -site packaged treatment? In -pipe treatment? Natural treatment? Title 22 recycled water? Groundwater recharge? Reservoir recharge? Direct Potable reuse? Stormwater reuse? Graywater reuse? Cost Reduction: Minimize conveyance distances? Minimize pumping? Integrated planning? Integrated development? Use of non -METRO facilities? Integrated administration? Use of existing facilities? No new purple pipe? New technology? Process & design improvements? ETRO IN: ""S'6N'"'E"JPA HOW: WHAT: Point Loma Acceptance IBy Reducing Wastewater Flows to Point Loma I IRegional Water Reuse I Divert Flow / i To South Bay d/// 'Requires Support for IPR Fiscal Benefits Environmental I Benefits METRO W STEW,ERJPA 3 6/20/2013 Today's Goals • Develop JPA Position • Formally request San Diego seek Tong -term acceptance of Point Loma as Advanced Primary facility through new Federal legislation • Formally request San Diego organize workshop to develop Regional Plan for Water Reuse thus offloading Point Loma and creating new water supply • Discuss contract rights & other methods for JPA position • Discuss strategy for realizing JPA position MEMO IM WASTEWATER JPA Potential Next Steps • Establish Commissioner Steering Committee • 1-2x/month for 4 months • Provide guidance and approve action on behalf of Commission • Establish Ad Hoc PA/TAC Committee • Make requests of San Diego ASAP • City Council/Board Presentations at Commissioner request • PAs draw water partners into this dialogue MEMO WASTEWATER JPA 4 POTABLE REUSE/SECONDARY EQUIVALENCY PROGRAM CONCEPT City of San Diego Water and Wastewater Utilities The current practice of the City of San Diego ("the City") is to procure raw water, treat it to drinking water standards and distribute it throughout the City. The City also collects and treats wastewater for its residents and businesses and for a number of other agencies and discharges treated wastewater to the ocean. These participating agencies make up about 35% of the flow in the system and are represented by the Metro Wastewater Joint Powers Authority ("JPA") which is comprised of the County of S. Diego and the surrounding cities of Chula Vista, Lemon Grove, El Cajon, Coro as kDel Mar, Imperial Beach, La Mesa, National City, and Poway, and the Otay an lire Dam Water Districts. The City wastewater system also produces reclaimed watery or <in irrigation and industrial purposes, and distributes through its own separat pipin 'ytem (purple pipe). The City's wastewater system consists of the wpllowing Municipal Metropolitan wastewater infrastructure: a Municipal waste _ f e"r system oyf pipelines an,Ntififi stations which collects and sends wastewater to the Metro itan (la trot) wastewatersystem for treatment and discharge to the ocean. The Metro syster' " f ' sts of • several large pipelines and pump,stations, • three treatment plants, 1::". w tY • a biosolids (sludge) processing plant Metro Biosoli° nter) and • two ocean outfalls. r The Point Loma W te ewa r reatment Pint (PLWTP) is permitted as a 240 million gallons per day (m cl dvance ttimary (chemically enhanced) plant which discharges treated wastewater through the Pint Loma OcegnyOutfall (PLOO) 4.5 miles out in the ocean in 320 feet of water" ,y,� r The With City WO Regan ation Plant (NCWRP) is a 30 mgd tertiary treatment plant which produces redlauned water.•;Since the NCWRP does not have its own outfall, wastewat f,not needed for claimed water customers is treated to a secondary level and pumped to ti$PLWTP.4 The South Ba ''Water Reclamation Plant (SBWRP) is a 15 mgd tertiary treatment plant which produces ree(ii0d water. Wastewater not needed for reclaimed water customers is treated to a secondarylevel and discharged through the South Bay Ocean Outfall (SBOO). Wastewater Treatment Wastewater treatment is basically the process of removing solids from the wastewater. All treatment plant processes typically begin with screens to remove debris such as pieces of wood, followed by removal of grit (mainly sand). A Primary treatment plant then removes solids which are heavy enough to settle out of the wastewater by gravity. 1 6/19/2013 Advanced Primary treatment plants such as the PLWTP then use chemicals to cause lighter solids to clump together and settle out by gravity. A Secondary treatment plant has a primary level of solids removal followed by a biological treatment which removes lighter biological matter in the wastewater. A Tertiary treatment plant like the NCWRP and the SBWRP has both Primary and Secondary treatment followed by filtration such as through anthracite coals beds. The required levels of treatment are typically measured by Total Suspended Solids (TSS) and Biological Oxygen Demand (BOD). The BOD is a measure of how much dissolved oxygen the treated wastewater might remove from the receiving water, such as the ocean. Wastewater Treatment Regulation The federal Clean Water Act passed in 1972 required tat al1stewater treatment plants be permitted every five years. The permitting process in Calk;ornia involves the Environmental Protection Agency (EPA), the local Reipnal- Water Qlity Control Board (RWQCB), the State Water Resources Control Board and the CaliforniawOostal Commission (CCC). k i The Clean Water Act also required wastewater treitinon plants to treat wastewater at least at a secondary level. The actual required treatment . lased on what is needed to protect the receiving waters, such as lakes, rivers and the Scam, A number of dischargers are required to go to higher levels of treatment than secondary Several years after the Clean Water Act was,cnacted;pit was amended to allow dischargers to receive a Ind4lified ypermit (waivWr of secondary) if dischargers could demonstrate they coul4 safely dieharge wasteWater to the receiving water at a treatment level lower than secon ary such Advanced Primary. In practice, permits were based on what was actually needed protect jhe receivir Waters --secondary in many cases, above secondary in othef,cases aid%e ow sec ndary in some cases. (Wigan Imti{ally, the City Jf�San Diego applied for a modified permit for the PLWTP but later withdre �w he application'aiid begs. f anning to convert the PLWTP to secondary. Subsequentlythe window oftime ifi the Clean Water Act for applying for a modified permit closed;4 the EPA ,ai,)d several environmental groups sued the City for not being at secondary at the P .WTP. In 1994, the federal Ocean Pollution Reduction Act (OPRA) was passed. OPRA *as .s1 onsored by then -Congressman Filner and provided an opportunity for the CAN apply for a modified permit for the PLWTP. In return, the City agreed to construct 4emgd of reclaimed water capacity. This resulted in the construction of the NCWRP, the SBWRP and the SBOO. The City applied for and was granted a modified permit for the PLWTP in 1994. Point Loma Wastewater Treatment Plant Permits The City must apply for a new permit or modified permit every five years for the PLWTP. In order to gain support from the local environmental community for the modified permit sought every five years, the City has agreed to do a number of studies. Each study was reviewed by environmental groups and their experts. 2 6/19/2013 The City conducted a refined estimate of costs to convert the PLWTP to secondary. The PLWTP is hemmed in by the Navy, the Cabrillo National Monument, the ocean and a cliff. This leads to higher costs for the addition of secondary treatment. The initial study indicated a capital cost of $1 billion which has recently been escalated to $1.4 billion in today's dollars, not including financing costs. In addition, secondary treatment requires a great deal of electricity. Operating costs were initially estimated at $40 million annually. The City also conducted a comprehensive review of its Ocean Monitoring Program. In order to apply for a permit, dischargers must demonstrate the effec •,of their discharge on the receiving water. The City continuously collects data from the, en near the discharge point of the outfall, measuring impacts on sediments, water duty, and aquatic and plant g life. The City hired experts from well known scientific or z�s. such as Scripps and Woods Hole to review the Ocean Monitoring Program arit 'rovide. commendations to make it more comprehensive. All the recommmendat •*were implem The City also agreed to conduct studies an $ o'ects to ptimize wastew rreuse, although it was already producing reclaimed water i e NW o',, P and the SH VVRP. The Recycled Water Study looked at the feasibility of ex r' g recycled water use and producing potable water from wastewater. The Recycle ter Study concluded that since most of the recycled water uses in the are,swere seasonal 1 tion requiring separate pipelines from the existing water system,•) r ; wastewa expense would be more productive through pursuing potable reuse Potable Reuse can), t ndirect or Direct Potabl euse. • Indirect Potab,1-`oe,Reuse (IP r�. includes ad, anced treatment of wastewater followed by discharge 't'for,' exam l a drinkingtr reservoir and then to a water treatment plant. �r<t. ,�" yv , . • Direct Pdta1 eReuse"k,. R) serk�s ,y„lanced treated wastewater directly to a water treatment pl`'aii s, The' eccycled Water outh. ' d a concept whereby almost 100 mgd of wastewater otherwise p`1 nned to be trree ed at PLWTP could be diverted upstream of '�%<� 7� p the PLWTP to either Advaji�i,�d Water atment Facilities (IPR) or to South Bay wastewater treatment plants. This wot114flow tl1 permitted capacity of the PLWTP to be reduced from 240 mgd to 143 mgd. ''''<`;" The City then looked at the feasibility of treating wastewater to a potable level. A one mgd demonstration project was conducted at the NCWRP and a study was made of San Vicente Reservoir. The study and demonstration project showed that wastewater could be treated at the NCWRP to a level sufficient for safe discharge to San Vicente Reservoir for subsequent treatment at a water treatment plant. The process would be Indirect Potable Reuse (IPR). Water produced at the demonstration site was almost the same quality as distilled water. 3 6/19/2013 The current modified permit for the PLWTP expires on July 31, 2015. The application for a new permit must be submitted no later than January 2015. It takes approximately one year to collect and assemble the data required for the permit application. That process is expected to start in January 2014. Potable Reuse/Secondary Equivalency Program Concept The San Diego region is semi -arid and needs the most cost effective and diverse system of water supply it can achieve. Potable water reuse of wastewater, either Indirect or Direct, appears to be a competitive choice in producing a new wate supply. The region also needs a wastewater treatment system that protects the oceai-vironment. The capital and operating costs of providing additionaiv titer 1: the region will have a significant impact on water ratepayers. In addition, if the C ty was ver required to convert sts the PLWTP to secondary, the capital and operating cvould likewise` a significant to the wastewater ratepayers. In almost every case, water and wastewater ayars are the same people. By considering combined water tppl and wastewater treat 6 Apeeds, there is an opportunity to reduce the impact td rate yers b ` undreds of mil. ions of dollars in capital costs and tens of millions of dollarrnartiu al operating costs. An additional benefit would be a reduction in environmenta acts because much less energy production would be needed} a, f. The Recycled Water Study outlines a concept % rhpr by alrrIost 100 mgd of actual and planned wastewater flow is diverted u stream fr theLLWT P to either potable reuse or to South Bay wastewater•:treatlrtent plants. This concept meludes 83 mgd of Advanced Water Treatment (IPR land could reduce the *witted capacity of the PLWTP from 240 >. mgd to 143 mgd. Ien ironmlrtal impact of`a143 mgd Advanced Primary Plant at Point Loma would be similar to r les ,than the impact of a 240 mgd Secondary Plant (Secondary Equivalency). arx yr }`y� tih� Sine the historic flos4s through'thc,PLWTP have exceeded 180 mgd and the compil4 sive Ocean Mo taring Program has shown no detrimental impact tote ocean environment' -there would Ono value in converting the remaining flow at the PLWTP (say 143 mgd) to secondary. Evenconverting 143 mgd of capacity at the PLWTP would result in hundreds of millions in capital costs, tens of millions in annual operating costs and the environmental impaels of:producing the energy to operate the secondary plant. Rather than planning for one wastewater or water project at a time, the region's needs for wastewater treatment and additional water supply should be planned programmatically together over a longer period of time. Conceptually, almost 100 mgd of potable reuse and diversion of wastewater to South Bay could be implemented over a specific timeframe and combined with lowering the permitted capacity of the PLWTP to 143 mgd, for example. In return, action would be taken to allow the PLWTP at the lower capacity to remain at Advanced Primary treatment. The PLWTP would still be required to get a new permit every five years and demonstrate through the City's comprehensive monitoring program that it was not harming the ocean environment. 4 6/19/2013