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HomeMy WebLinkAbout1999 12-14 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, DECEMBER 14, 1999 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETINGS OF OCTOBER 28, 1999 AND NOVEMBER 8, 1999, AND APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 7, 1999. COUNCIL AGENDA 12/14/99 Page 2 PRESENTATIONS Vice -Mayor Appointment - Councilman Fred Soto Census 2000 by Rosalie Zarate INTERVIEWS/APPOINTMENTS City Boards and Commissions - Interview PUBLIC HEARING 1. Public Hearing on Police Department request for Supplemental Law Enforcement Services Funds for purchase of laptop computers and computer - aided dispatch, records management and automated field reporting software licenses. (Police Department) **Refer to Item #12** CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Resolution No. 99-192 Resolution of the City Council of the City of National City declaring Orien Safety Products to be the lowest responsive, responsible bidder and authorizing the Purchasing Agent to execute an Agreement for the purchase of fusees (road flares). (Purchasing) 3. Resolution No. 99-193 Resolution of the City Council of the City of National City authorizing the Mayor to execute a lease agreement with GTE Wireless of the Pacific for a portion of El Toyon Park for the maintenance of a wireless communication equipment facility. (City Attorney and Parks & Recreation) COUNCIL AGENDA 12/14/99 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 99-194 Resolution of the City Council of the City of National City authorizing the Purchasing Agent to waive the bid process and enter into an Agreement with Southwestern Bell Internet Services for Internet and web hosting service. (City Manager and MIS) 5. Resolution No. 99-195 Resolution of the City Council of the City of National City authorizing the City Engineer to install two additional stop signs at 9' Street and "A" Avenue. (E.M. Schuman, TSC Item No. 99-32) (Engineering) 6. Resolution No. 99-196 Resolution of the City Council of the City of National City accepting the work and authorizing the filing of a Notice of Completion for the Sewer Rehabilitation/Installation Project. (Engineering Spec. No. 98-3) (Engineering) 7. Resolution No. 99-197 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Authorization to Order under State Agreement with Pacific Bell and MCI Telecommunications Corporation for the provision of telecommunication services and products. (Public Works) COUNCIL AGENDA 12/14/99 Page 4 CONSENT CALENDAR (Cont.) 8. Resolution No. 99-198 Resolution of the City Council of the City of National City approving a Coastal Development Permit and Conditional Use Permit for the continued use of an automobile and truck import/export storage yard and new paving to accommodate expansion of the facility located in the Harbor District Specific Plan Area at the northwest corner of 32' Street and the proposed Harrison Avenue Extension. Applicant: Port of San Diego. Case File Nos. CDP-1999-2 and CUP-1999-3. (Planning) 9. WARRANT REGISTER #23 (Finance) Ratification of Demands in the amount of $671,020.45. NON CONSENT RESOLUTIONS 10. Resolution No. 99-199 Resolution of the City Council of the City of National City approving the Managerial Compensation Plan and the Management Compensation Plan Supplement, and implementing the Plan for Fiscal Years 1999-2002 for Executive and Management personnel. (City Manager) 11. Resolution No. 99-200 Resolution of the City Council of the City of National City establishing the salary of the City Clerk and the City Treasurer for Fiscal Years 1999 and 2000. (City Attorney) COUNCIL AGENDA 12/14/99 Page 5 NON CONSENT RESOLUTIONS (Cont.) 12. Resolution No. 99-201 Resolution of the City Council of the City of National City authorizing the appropriation of FY 1999/2000 Supplemental Law Enforcement Services Funds for purchase of laptop computers, computer -aided dispatch, records management and automated field reporting software licenses. (Police) **Refer to Item No. 1 ** 13. Resolution No. 99-202 Resolution of the City Council of the City of National City authorizing the transfer of funds from the Undesignated Fund Balance account to various Library accounts for the purpose of funding an expansion of Library hours. (City Manager) ORDINANCE FOR INTRODUCTION 14. An Ordinance of the City Council of the City of National City adopting the National City Municipal Code. (City Clerk) NEW BUSINESS 15. Notice of Decision - Conditional Use Permit for a restaurant at 2127 Wilson Avenue adjacent to a residence in the MLR zone. (Applicant: Natividad. Dominguez) (Case File No.: CUP-1999-8) (Planning) 16. Notice of Decision - Coastal Development Permit and Planned Development Permit to construct the Historic Railcar Plaza at the southeast corner of 24th Street and Harrison Avenue. (Applicant: Port of San Diego) (Case File Nos. CDP-1999-2, CUP-1999-3) (Planning) COUNCIL AGENDA 12/14/99 Page 6 NEW BUSINESS (Cont.) 17. Year End Financial Statements for Fiscal Year ended June 30, 1999. (Finance) -* CITY MANAGER - CITY ATTORNEY -+ OTHER STAFF - MAYOR -> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 12/14/99 Page 7 NEW BUSINESS (Cont.) CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) ADJOURNMENT Dispense with Regular City Council Meetings of December 21, and 28, 1999 and January 4, 2000 and Adjourn to Next Regular City Council Meeting -January 11, 2000 at 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE DATE: TO: FROM: SUBJECT: Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor NOVEMBER 30, 1999 CITY COUNCIL MEMBERS MAYOR GEORGE H. WATERS VICE -MAYOR APPOINTMENT At our regular scheduled Council meeting on December 14, 1999, I will be appointing Councilman Fred Soto to serve as Vice -Mayor for the year 2000. The Vice -Mayor's term expired on November 10, 1999. If there are any questions or objections to this appointment, please notify my office immediately. GEORGE H. WATERS MAYOR GHW:nu ® Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor December 3, 1999 Ms. Madeleine Estepa 1319 "I" Avenue National City, CA 91950 Dear Ms. Estepa: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, December 14, 1999 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEOR E H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION. FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board -- Civil Service Commission I/ Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority _ Housing & Community Development Committee ,.,., Name: E:S/G^Wi /4,arila-leL,y e_ (Last) (First) Home Address: I 31 5 /¢7/�-^ NA- /0,1-a ` C it / Telephone: Residence (�1t) 411 7�-37i02 ) Business/Work NUMBER OF YEARS YO AVE LIVED IN: CALIFORNIA? a 64' SAN DIEGO COUNTY? :2-4— ARE YOU A REGISTERED VOTER: YES Birth Date 3 `/O - 3.7 (Optional) 61r-/lT NATIONAL CITY? NO "i .yw:::L.:: ,,i:Eiri.:-:os'ivr�f�t>,:.u::r: .ay..:9..}}3F:�. Aref4fifiE3 II*4p[f o::.'.:d?+Ht%% iti c2: t +i'+'a ,.`. �'.. Y:':":?:�S.i Kati::y'.'i ita..+:i.%i.:t..:.}::y'::.::.::::.. _ . .}tS....:. ...x)eii&.}i:..:...v!(:v.: :vu::��:it:'..:.. c2}; ...t .. ....:...u.:4?:::�.::.::4k},::i ».e {+:i.:+�f}:'vii' ...;C.'-:h.+.::}:':::�:}.;�:r^`:��::'SY::::::xu.:.t�i:xi.>Fi:>::ti^`:=>}:�a::�;a. �::`+,;:: .o." 'tatta•: .�.J'v-u.+f.Y.:_4. Colleges attended and degrees v- held if a. • Spy �p ,' II 1141/ ' M .T^S 1)2f __,; _ ' Pe• Related r�fessional or Cbic 0' J,p�.' , ARV_ I M4�. j Experience: ' i /5 / ..d " ! etiC� /V1 0Sr�t .ed seci,s, P E INDICA- B L O W AN FURTHER INFORMATI to N THAT ILL BE OF VALUE BOARDS, COMMITTEES OR COMMISSIONS: REGARDING YOUR SERVICE ON THE ABOVE NAMEDPill , a n _ p rvr - 4-r cem • AP -r DATE:G• Ti� q 99 RETURN COMPLETED FORM TO: YOUR SIGNATURE THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 0 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 **Refer to Item #12 AGENDA ITEM NO. (-ITEM TITLE PUBLIC HEARING ON POLICE DEPARTMENT REQUEST FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR PURCHASE OF LAPTOP COMPUTERS AND COMPUTER AIDED DISPATCH, RECORDS MANAGEMENT AND AUTOMATED FIELD REPORTING SOFTWARE LICENSES. PREPAREDA.L. DiCerchio, Police Chief a?j EPARTMENT Police Department EXPLA ATIO Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the COPS program, the City of National City will receive its share of the $100,000,000 in 1999-00 appropriations from the State of California based on its proportionate share of the State's population based on the Department of Finance's January, 1999 population estimates. According to the January 1, 1999 State Department of Finance estimate, National City is eligible for $122,132 in COPS funding during FY 1999/00. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The request must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City general fund. (continued on page 2) 1 Environmental Review Financial Statement xx N/A There is no local match requirement for these funds. There will be no impact to Account No. d 2- c!'I/ - /5t the FY 1999/2000 Police Department budget. STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RE OMMENDATION N/A ATTACHMENTS ( Listed Below ) None Resolution No. A-200 (9/80) COUNCIL AGENDA STATEMENT PUBLIC HEARING ON APPROPRIATION OF SLESF FUNDS PAGE 2 The National City Police Department is therefore submitting a request that the City Council appropriate FY 1999/00 Supplemental Law Enforcement Services Fund monies for the purchase of the following. 15 Automated Field Reporting Software User Licenses $ 15,500 The Police Department's Investigations Division was not included in the original 1997 Automated Field Reporting Project due to the lack of funding and lack of modem hardware in the Investigations Division. The Investigations Division's was with computer hardware that will allow it to utilize the AFR software. The proposed purchase of 15 AFR software licenses will allow Detectives to use the AFR software currently used by the rest of the Police Department and help facilitate on line assignment of cases to Detectives by the Detective Sergeant. 10 Records Management System Concurrent User Licenses $ 40,500 In the Police Department's CAD/RMS purchase in April 1999, the Police Department purchased 15 Records Management System concurrent client user licenses. This original purchase of RMS licenses was limited due to the original CAD/RMS budget and lack of computer hardware capable of utilizing it and included RMS user licenses only for the Investigations Sergeant and Records Clerks. The proposed purchase of 10 RMS concurrent user licenses will enable all Detectives and key administrative personnel to simultaneously to access the RMS and will facilitate on-line assignment and delivery of cases to Detectives. 2 Additional AFR Approval and Tracking User Licenses $ 8,700 . The Police Department is proposal includes one additional AFR approval and tracking modules licenses to facilitate on-line approval of reports of AFR reports by the Investigations and Traffic Sergeant. Upgrade of AB to Police Reports 3.0 Version The Police Department's current AFR utilizes MASI's Police Reports Version 2.0 a 16 bit program. The Police Department is proposing purchase of the AFR software upgrade Police Reports 3.0, a 32 bit program. purchase will facilitate future incorporation of auto theft and accident reports into AFR. 7 Laptop Computers The 40 laptop computers purchased as part of the original AFR project are almost 3 years old. Extended maintenance agreements on the laptops can $26,150 $22,000 COUNCIL AGENDA STATEMENT PUBLIC HEARING ON APPROPRIATION OF SLESF FUNDS PAGE 3 only be obtained for another two years. This proposed purchase of 7 additional laptop computers is part of the Police Departments plan to begin replacing a portion of the operational laptop computers each year, much as is currently done with the vehicle fleet. 12 CAD VisiAdmin Licenses In the original CAD contract, due to a limited budget and lack of modem computer hardware, CAD VisiAdmin licenses were only purchased for 10 workstations. The proposed purchase of 12 CAD VisiAdmin licenses would enable investigations and administrative staff to view and inquire from the CAD database. The proposed Resolution on the following Council Agenda item would authorize appropriation of $122,132 in FY 1999/00 SLESF funds for the above requested technology purchases for the Police Department. This proposal has been reviewed and recommended by the MIS Department. $9,282 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM ORIEN SAFETY PRODUCTS, AND AUTHORIZING THE AWARD OF BID #GS9900-3 FOR FUSEES. PREPARED BYBRENDA E. HODGES EXPLANATION SEE ATTACHED ARTMENT PURCHASING Environmental Review X N/A Financial Statement Funds are available in Fy9900 budget Approved By: Finance Director 628-408-000-640 Account No. STAFF RECOMMENDATION Award bid to Orien Safety Products, and authorize Purchasing Agent to issue resulting purchasing order. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below ) Bid Abstract Breakdown of costs,by agency Resolution Resolution No. 99-192 A-200 (9 99) Attachment to A200 for Bid #GS9900-3. The San Diego Chapter of California Association of Public Purchasing Officers (CAPPO) has appointed a steering committee, of which National City is a member, whose function is to promote cooperative purchasing by governmental agencies within the County for commonly used commodities. National City has taken the lead, and gone out to bid for estimated annual requirements of fusees for six (6) interested local agencies. Request for Bids were mailed to nine (9) vendors, resulting in five (5) responses. The lowest responsive, responsible bid is from Orien Safety Products in the total amount of $62,861.77 including tax and delivery. The bid includes a renewal option for up to four additional one-year periods, if both parties mutually agree at that time. Bids were based on estimated requirements for the initial contract period of February 21, 2000 through February 20, 2001. Individual public agencies assume sole responsibility for placing orders and making payments to vendors for their own requirements. Attached is the breakdown of the requirements for each participating agency BID ABSTRACT NO. GS9900-3 COST PER GROSS 15 Minute 20 Minute 30 Minute Orien Safety Products $66.97 $80.47 $112.49 National Flare $69.12 $82.70 $115.79 JC Henberger Company No Bid Adamson Industries No Bid Dooley Enterprises No Bid LC Action No Response F. Morton Pitt Company No Response San Diego Police Equipmet No Response Safety 1st Company No Response COST BREAKDOWN BY AGENCY 1 15 Min. 20 Min. 30 Min. Total E Est. Gross Ext. Est. Gross Ext. Est. Gross Ext. Subtotal Tax Bid City of National City 0 $0.00 0 $0.00 39 $4,387.11 $4,387.11 $340.00 $4,727.11 City of San Diego 300 $20,091.00 50 $4,023.50 200 $22,498.00 $46,612.50 $3,612.47 $50,224.97 City of El Cajon 60 $4,018.20 0 $0.00 0 $0.00 $4,018.20 $311.41 $4,329.61 City of La Mesa 0 $0.00 15 $1,207.05 0 $0.00 $1,207.05 $93.55 $1,300.60 City of Carlsbad 0 $0.00 0 $0.00 24 $2,699.76 $2,699.76 $209.23 $2,908.99 City of Chula Vista 0 $0.00 0 $0.00 35 $3,937.15 $3,937.15 $305.13 $4.242.28 Total $62,861.77 $4,871.79 $67,733.56 Rate per Gross: $66.97 $80.47 $112.49 RESOLUTION NO. 99-192 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ORIEN SAFETY PRODUCTS TO BE THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECU I'R AN AGREEMENT FOR THE PURCHASE OF FUSEES (ROAD FLARES) WHEREAS, the Purchasing Department of the City of National City did in open session, on December 9, 1999, publicly open, examine and declare all sealed bids for Bid # GS9900-3, for the purchase of fusees (road flares). NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for the purchase of fusees (road flares) to the lowest responsive, responsible bidder, to wit: ORIEN SAFETY PRODUCTS BE IT FURTHER RESOLVED by the City Council of the City of National City, California that the Purchasing Agent is hereby authorized to execute on behalf of the City, a contract between Orien Safety Products and the City of National City to provide fusees (road flares) in accordance with terms and conditions of Bid #GS9900-3. PASSED and ADOPTED this 14th day of December, 1999 GEORGE H. WATERS, MAYOR ATTEST: MICHAEL R. DALLA CITY CLERK APPROVED AS TO FORM: � Ziat;iic GEORGE H. ISER, III CITY ATTORNEY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 3 AGENDA ITEM NO. ITEM TITLE RESOLUTION APPROVING A LEASE AGREEMENT WITH GTE WIRELESS OF THE PACIFIC FOR A PORTION OF EL TOYON PARK FOR THE MAINTENANCE OF A WIRELESS COMMUNICATION EQUIPMENT FACILITY. PREPARED BY EXPLANATION George H. Ei Tun Ruiz pi DEPARTMENT City Attorney Parks and Recreation See attached memorandum. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Approve lease agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 99-193 **Lease Agreement can be viewed in the City Clerk's Office Resolution A-200 (9/80) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: December 9, 1999 FROM: City Attorney SUBJECT: Proposed IPaw with GTE Wireless of the Pacific for a Portion of El Toyon Park The proposed lease would permit GTE Wireless of the Pacific to maintain a wireless communication equipment facility on a portion of El Toyon Park. The physical project was approved by the City Council via a CUP application in September 1998, subject to the City and the applicant entering into a lease agreement. After extensive negotiations by the parties, the lease agreement is now submitted for Council approval. The main points of the lease agreement are as follows: • Term is for five (5) years, with GTE having the right to extend for four successive five- year terms. • Initial annual rent is $25,000, with a five -percent (5%) increase on the first anniversary of the commencement date. Beginning with the third anniversary of the commencement date, annual rent shall be increased by the greater of five -percent (5%), or the fair market value of a comparable facility, as determined by an independent appraiser. • Additional communication carriers may lease the premises from the City, provided their use does not interfere with GTE's. • GTE shall use the premises so as not to interfere with the City's use of El Toyon Park. • GTE may update or replace its equipment, provided that such update or replacement complies with the CUP and its size is not materially greater than the equipment already approved. • All utilities are paid by GTE. ® Recycled Paper • The City may terminate on 90 days' written notice if it determines the premises are needed for a public purpose, provided that the City must reimburse GTE for the fair market value of its equipment. The City may also terminate in the event of default by GTE upon 30 days' written notice. • If the premises are condemned, GTE shall receive compensation for the cost of its equipment, and the City shall retain all other compensation. • GTE agrees to indemnify the City and provide insurance coverage with the City as additional insured with respect to its use of the premises, including indemnification for liability arising from Electromagnetic Fields (EMF) issues. GHE/gmo GEORGE H. EISER, III City Attorney 2 RESOLUTION NO. 99- 193 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH GTE WIRELESS OF THE PACIFIC FOR A PORTION OF EL TOYON PARK FOR THE MAINTENANCE OF A WIRELESS COMMUNICATION EQUIPMENT FACILITY WHEREAS, GTE Wireless of the Pacific ("GTE") desires to lease a portion of El Toyon Park for the maintenance of a wireless communication equipment facility; and WHEREAS, the City Council approved such facility pursuant to Resolution No. 98-109 on September 15, 1998, subject to the City and GTE entering into a lease agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a lease agreement with GTE Wireless of the Pacific for a portion of El Toyon Park for the maintenance of a wireless communication equipment facility. Said agreement is of file in the office of the City Clerk. PASSED and ADOPTED this 14th day of December, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: V) George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 AGENDA ITEM NO. 4 ITEM TITLE A resolution authorizing waiver of bid process and the purchase of Internet and web hosting service from PacBell (SBC Communication) PREPARED BY EXPLANATION. Bernard Yeo MIS Manager DEPARTMENT CMO/MIS Purchasing Ordinance #1480, Section 12, Chapter 2.60.220(d), authorizes the bidding requirement to be waived " when Council determines that due to special circumstances, it is to the city's best interest to purchase a commodity or enter into a contract without strict compliance to the bidding procedure." This proposed purchase is within those guidelines. The Internet and web hosting service by SBC Communication (PacBell) On -Line Office Package will provide the City with a complete networking package consisting of the following suite of services for a period of 3 years: 1. Dedicated high speed Internet Access (T1) @ 1.54MB Bandwidth 2. Installation and maintenance of communication hardware 3. Domain Name Service and Registration 4. Web space for the City to host it's web site Environmental Review N/A Financial Statement This project is a budgeted item in this Fiscal Year Telecommunications Fund, under CIP number 8017 "Internet Access, Internet E-Mail and Intranet Service" STAFF RECO ENDATION Approve Resolution BOARD/COMMISSION RECOMMENDATION Account N�-50�598 $017� TTCHMENTS (Listed Below) Resolution PacBell Online Office Starter Package Agreement 99-194 Resolution No. A-200 (Rey. 9/80) COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND THE PURCHASE OF INTERNET AND WEB HOSTING SERVICE FROM PACBELL (SBC COMMUNICATION) PAGE 2 Pricing research on Internet access and web hosting services from several larger Internet service providers, namely PacBell, MCI WorldCom and Cox Cable was conducted. The research also included Government Contract pricing and local Tariff Rates. PacBell (SBC Communication) Online Office package offers the lowest price on a 3 years service contract for the full range of services that the City is looking for. Under this package, SBC Communication (PacBell) will provide the City with the following: Premise Service • Provision, installation and maintenance of necessary network hardware necessary to connect the City to the internet • Toll free number help desk support during standard office hours Network Service • Internet access at 1.54MB (T1) • Dedicated intemet connectivity • Domain Name Server service • Remote Internet Access (analog) Network -hosted Applications • Web site hosting • Web authoring tools • Web site management report Result of pricing research for the similar services. Government Contract Rate Local Tariff Rate MCI WorldCom Cox Cable PacBell (SSC Communication) OnLine Office Package Total Price Remarks $54,719 5 year service contract $51,961 $63,744 $43,200 No web hosting services $43,064 It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance # 1480, and in Chapter 2.60.220(d) of the Municipal Code, for the following reasons: 1. Research has been conducted to consider various purchasing options, and the quote from PacBell offers the lowest cost to the City with the widest range of services 2. No further purpose would be served by rejecting these quotes and issuing a formal bid, since this pricing is lower than any available contract pricing 3. Special circumstances exist in that time is of the essence as this project is the foundation of other technology projects And authorize the City Manager's Office to enter into the contract with PacBell (SBC Communication) to provide the City with Internet Access and Web Hosting Services. This project is a budgeted item in this Fiscal Year's Telecommunications Fund, under CIP number 8017 "Internet Access, Internet E-Mail and Intranet Service" RESOLUTION NO. 99- 194 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASING AGENT TO WAIVE THE BID PROCESS AND ENTER INTO AN AGREEMENT WITH SOUTHWESTERN BELL INTERNET SERVICES FOR INTERNET AND WEB HOSTING SERVICE WHEREAS, the City is in need of acquiring a complete networking package; and WHEREAS, pricing research on Internet access and web hosting service from several large Internet service providers concluded that Southwestern Bell Internet Services' Online Office Starter Package offers the lowest price on a 3-year service contract for a full range of service. WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. WHEREAS, the City Council finds and determines that special circumstances exist in the present case, for the following reasons: 1. Research has been conducted to consider various purchasing options, and the quote from Southwestern Bell Internet Services offers the lowest cost to the City with the widest range of services. 2. No further purpose would be served by rejecting Southwestern Bell Internet Services' quotes and issuing a formal bid, since this pricing is lower than any available contract pricing. 3. Time is of the essence as this project is the foundation of other technology projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Purchasing Agent to waive the bidding process and entered into a three-year agreement with Southwestern Bell Internet Services for Internet access and web hosting service. Said Agreement is on file in the office of the City Clerk. — Signature Page to Follow — Resolution No. 99-194 December 14, 1999 Page Two PASSED and ADOPTED this 14'' day of December, 1999. George H. Waters, Mayor AlT1'hST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PACIFIC BELT. Southwestem Bell •ONLINE OFFICE •ENTERPRISE VPN SoMI Online I ..& EYPAI ere provided by Southwestern Beet Wen* Services PedUc BdI Online Off ice & EYPN ate P:widad by Pea% BeI Internet Ser ices Agreement Online Office Starter Package between City of National City and Southwestern Bell Internet Services (hereinafter "Company") Part 1. Service Description Part 2. Statement of Work Part 3. SLAs: Not Applicable Part 4. Terms and Conditions Part 5. Leasing Terms and Conditions ("Lease") PART 1 SERVICE DESCRIPTION ONLINE OFFICE STARTER PACKAGE YEARS: 3 ADVANCE PAYMENT: INSTALLATION: $1,700.00 MONTHLY: $1,149.00 TERM: SERVICE CHARGES: MINIMUM CHARGE - EQUIPMENT LEASE (INCLUDED IN THE MONTHLY SERVICE CHARGE): GSP CHARGES INSTALLATION: MONTHLY: THE CHARGES ARE EXCLUSIVE OF ALL APPLICABLE TAXES AND SURCHARGES Online Office Starter Package is a package of services intended for single -location small businesses: It offers a set of capabilities to move from a set of stand-alone PCs, to a fully networked, Internet -capable enterprise computing environment. Online Office Starter Package enables individual PCs to become communications devices by installing Network Interface Cards (NICs) and networking software. A Local Area Network (LAN) is installed on the Customer's premises, complete with the necessary cabling, terminating blocks, patch panels, and hubs. The PCs are then connected to the LAN, and the LAN is connected to a Wide Area Network that consists of routers, data communications equipment, and public telecommunications facilities. Security is router -based packet filtering (not firewall). Online Office Starter Package includes: ➢ Web Hosting - A Web site hosted on an SBC server that is shared with other Web hosted customers. 50 Mbytes of disk storage for the Web page and documents and 2000 Mbytes of data transfer from the web site to users. ➢ Domain Name Registration Service — Register the Customer's Domain Name with the INTERNIC for 2 years with renewals every succeeding year. Customer will be billed directly by INTERNIC for the registration ($70 for first 2 years and then $35 for each additional year). ➢ E-Mail -10 e-mail boxes. ➢ LAN Support — LAN installation, maintenance and repair. • Desktop Support — 8 x 5 Desktop Support for the communications aspect of the desktop computer (TCP/IP and Netscape). Acknowledgement The Agreement, which includes all Parts, is the complete agreement between the parties, replacing any prior oral or written communications between the parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. This Agreement may only be modified by a written document executed by the parties. Any Equipment or Services delivered before the effective date of this Agreement shall be deemed covered by this Agreement. Customer Representative: By signing below, I verify that: • Customer is duly organized, validly existing and in good standing under the laws of its State of formation and in any jurisdiction where it does business. Customer has the power and authority to execute and perform obligations arising under this Agreement. • I have been given authority by the Customer to enter into this Agreement, and this Agreement constitutes or will, upon execution, constitute a legally binding and enforceable obligation of Customer. • I agree to execute and deliver an Acceptance Certificate as soon as the Equipment is installed and meets all criteria as set forth in the Acceptance Testing contained in Appendix E of the SOW. • I understand Company's acceptance of the pricing and terms of the Agreement, including the Lease, is conditioned on approval of the price Customer has agreed to pay and Customer's credit. Business Name: Signature: Printed Name: Title: Date: City of National City Company Representative: By signing below, I agree to be bound by this Agreement and to provide the Equipment and Services specified herein. Signature: Print Name: Title: Date: Marlis Wells ISM September 29, 1999 PART 2 STATEMENT OF WORK ("SOW") 1. Overview This document defines the standard data communications services that Company and its agents will deliver in order to prepare, install, and test the Equipment defined in Appendix A (Bill of Materials) which lists the Equipment. It articulates Company's understanding of Customer's existing network as described in Appendix B (Customer Network Diagram), and helps ensure that complete and correct services as described in this document are consistently delivered to Customer by Company and its agents. Company and Customer acknowledge and agree that this document describes network services to be provided to Customer by Company and its agents, and managed by Company pursuant to the installation and ongoing maintenance of the network as described herein. The following assumptions have been made regarding the services to be performed on behalf of «Customer». 1.1 All products and services to be provided to Customer pursuant to this Agreement are accurately and adequately described herein in Section 2 (Scope of Work). 1.2 No project requirements will be ignored or waived unless mutually agreed upon in writing by both parties. Alt project change requests will be submitted in writing as articulated in Section 5 Change Requests using the Change Order Request Form provided in Appendix C. 13 The parties entering into this Agreement are duly authorized by evidence of their signatures, affixed on Part 1 of this Agreement to enter into such Agreement on behalf of their company. 1.4 Customer Acceptance of the Equipment and services described herein shall be rendered in writing substantially in the form of Appendix E (Acceptance Certificate) upon successful installation. 2. Scope of Work 2.1 Service Milestones The remote access Equipment Company will install and configure (e.g., Router, DSL Modem), secure connectivity between Customer's existing equipment (hubs, PC's) and the Company Network. 2.2 Service Milestones Installations and all work will be performed between the hours of 9:00 A.M. and 5:00 P.M., Monday through Friday, excluding COMPANY —observed and local holidays. Other Customer requested work schedules may be subject to overtime labor charges. 23 Service Milestones intervals are estimates, and may vary depending on conditions of Customer's premises, availability of circuits, availability of Equipment, and access type: Signature on the Service Description (Part 1) Week I Confirm due dates Week 3 Circuit Installation Complete Week 7 Equipment Installation Complete Week 8 Acceptance Testing and Customer Acceptance ... Week 9 2.4 Partial Acceptance If the parties agree that the work will be performed and accepted in phases, the parties will execute a separate attachment to this SOW. 3. Company Responsibilities It is Company's responsibility to install and ensure the operation of the Equipment specified in the Appendix A - Bill of Materials. Qualified Company or subcontractor personnel will perform all tasks. Company is responsible for all Equipment configuration and will: • Provide all of the necessary tools and Equipment to complete the installation. • Remove and dispose of all job -related waste material in Customer provided premise receptacle. • Install Equipment in accordance with manufacturer recommendation and generally accepted industry practices. • Order and install all required transport services terminating at Central Office equipment. • Provide required TCP/IP address. • Provide Customer with all circuit and line information, sunifying assignment of new and existing services. • Provide the Company Customer Care Center with configuration parameters and ongoing support requirements. • Diagnose problems and determine the point of failure. if it is determined that the Equipment has failed, Company will dispatch a technician as required. 4. Customer Responsibilities Customer will have completed all requirements listed in Section 4 before the installation can begin. None of these requirements can be ignored or waived unless mutually agreed upon in writing by both parties. 4.1 Prepare each site (location) per the Site Preparation Specifications/Checklist of Customer Responsibilities (Appendix D). Complete and return a separate checklist for each site. Checklists must be submitted at the time of service order submission. 4.2 Designate a «Customer» resource to resolve implementation issues and coordinate the scheduling of each project phase. 43 If not provided by Company, provide all necessary equipment to Company for proper staging and configuration prior to scheduling an installation date. 4.4 Provide local Area Network (LAN) cable jumpers, media filters, and transceivers (when necessary) for attachment of router interfaces. <Customer>. accepts responsibility to ensure that existing links are configured, working properly and accessible to the WAN Equipment. 4.5 Provide a voice telephone line (circuit or wireless telephone) and number (within 5 feet of the router Equipment) for use during installation. 4.6 Provide all configuration information related to existing TCP/IP routing requirements and identify all protocols to be routed through the network. 4.7 Provide at least one other network node in order to test basic communications for each protocol. 4.8 Provide physical access to all sites during agreed -upon installation window. 4.9 Provide circuit extensions from demarcation point to desired Equipment location if necessary. 4.10 Ensure all internal wiring meets relevant EIAJTIA specifications. Installation delays caused by inadequate site preparation, equipment unavailability (not provided by Company), or other circumstances beyond the control of Company will be billed at the prevailing Field Engineer Time & Material rates. 5. Change Requests Requested changes to this Statement of Work shall be substantially in the form of Appendix C —Change Order Request Form. Change Order Requests must be submitted in writing. 6. Attachments The following attachments to Statement of Work are incorporated herein: Appendix A - Bill of Materials Appendix B - Customer Network DiagramAppendix C - Change Order Request Form Appendix D - Site Preparation Checklist Appendix E - Acceptance Certificate Appendix A - Bill of Materials: Below is Standard Equipment for Starter DSL. If this is not your configuartion, please substitute Appropriate equipment. .... .... _.�_..�,..Y. �__.... �. ._........_._e . wv.,. � .�....., ...... ..nA a&.szr;. v._ ......_...>_e�.._ ..�.....:? Y .-.ckc:...m.:..... ...., _ „ .ac,....R3e _ _._ ., CISCO 2524 CISCO 2524 ROUTER WITH CSWDSU $0.00 1 SOX( $O. r 1 SOAK WAN Equipment Sub -Total $0.0( NONE NONE NONE $0. 1 1 $0.0C Firewall Equipment Sub -Total $0.0C NONE NONE NONE $0.00 $0.0( Desktop Integration and Equipment Sub-Tota $0.0C GRAND TOTAL $0.0C Appendix B - Customer Network Diagram • All Sites will terminate inside interfaces (EO) via 1OBT Ethernet to existing customer premise equipment using RJ-45 CAT 5 Cables supplied by the equipment manufacturer. • Each router interface will be configured to support TCP/IP ONLY on each interface. • Company will provide an "Implementation Plan and Project Schedule" within ten (10) business days of receipt of approval of the Statement of Work by an authorized Customer agent, and receipt of a Purchase Order for the components and services specified in the Bill -of -Materials provided herewith. x non c aFtd1osr RE FC �h x (3Etc rrer Address,: Irstrr ttic s: x Ceram QtineCfficeStater- astcmar Rut is*Dada!' QstQra: Eigrer Eble RC l8lflC1ED-14471EURYN6R191 W-TbismMCpni9thetnrertae4 asatl4 dsmt repastmnPY W llaibaalina4ie lereiulutledhdadae lorni pews k is eta*IYbtsebiativimd9sflueYaaBdlpaant lb Lb pDfrtpadsardsbi.le Appendix C - Change Order Request Form Person Requesting Change: Telephone #: Date of Request: Description of Request: (include details of problem and desired solution) Impact Summary: (include estimates of additional Time and Costs) Additional Charges: $ Disposition: (describe how changes will be implemented, if approved) Accepted by «Customer» Company Business Name Signature Signature Print Name Print Name Title Title Date Date AppendixD-Site Preparation Checklist Tlek ' '-,'- ---0-- ,-,4.47',' ,:..•-• '','''.4,--t4'.'.,-..1,, - -:;g6'I'-'",4-'':;:i'':';-Z':'-'':V,-,r;'k:'tih-_N.a;'t:VZ:'af, 4.,Airr.41.Y. Site74% - gr.,..: .7..k:sv,.',-,.v,:.;]Kgg.e.v7amyl,r4,..-4v;„.1-, lq.,1-ie, ms* Street Address: ...... Stitidin9 #: ... Fikgr.#: - _ jwsuite #: .,-„- . State: i 6 '11:4,14.414..gk-3.1..utp 3N-44,,A,ti'' . J. : X-e4:,...,e31;i:tii,r4:V: E ,..,a g - A.,...„...4:*: - - _ .. ,- ;....,„. r;. r:- - ,,„ . m m.0,„ irm,1... ''''''',"•-i4W-,Z*4.Vm,r4,a'SSIMTMAM,ev:Wil-mmilti.i44; ',..„0:',. r. Telephone #: rOdie;, .., .„, 'ERulizment- - Ensure extension of telephone company line facilities to a entry point within 5 feet of the 1. proposed new Equipment location. Confirm that all accessories for rack mounting (equipment racks, cabinets, etc.) are available 2. for the installation of the new Equipment. 3. Is the Customer providing a new rack or will the existing racks be used? Does the Customer provided rack have 36 inches of height and 19 inches of width? If no, 4. what are its dimensions? 5. Is the rack within 10" of the DMARC? If no, how far is it? For all LAN/WAN connections not provided by Pacific, cables must be installed and properly terminated for connection to the proposed new equipment with at least 3 feet of slack to allow 6. proper dressing of cables. 7. Can all equipment be installed within 6 feet of each other? Is there at least 36 inches of clearance in both front and back of the Equipment mounting 8. rack? 9. Will there be at least 2 inches of clearance between each piece of equipment? erlYfrontliejitallSsues - Ensure temperature and humidity can be controlled at the Installation Site. What is room's 10 temperature? Provide and install necessary power distribution boxes, conduits, grounds, lighting protection, 11 and hardware. Power outlets should be within 5 feet of the Equipment being installed. Install, configure, and verify operation of all equipment not supplied by Pacific but required for installation (i.e., modems, routers, transceivers, etc.) It will be the responsibility Pacific to configure the router(s) and demonstrate that the Equipment is integrated and operational in 12 conjunction with the LAN/WAN interfaces Ensure that adequate floor and/or desk space is available for the installation of Equipment 13 prior to the installation date. Ensure that this Installation Site is shielded from excessive electromagnetic interference (i.e. 14 power transformers, radio transmitters, etc.) Is there a four plug grounded electrical outlet within 6 feet of the Equipment? If no, a surge- 15 protected strip is required. Regulations Ensure conformance with any applicable code, regulations, and laws, including but not limited 16 to, electrical, building, safety, and health. Appendix E — Acceptance Certificate Date of Acceptance: Acceptance Testing The newly installed Equipment has been tested using internal diagnostic and test equipment. Each active interface has been verified to be operational using techniques appropriate for the Equipment. TCP/IP networks have been verified by using ping and other utilities to confirm end -to -end connectivity. Acceptance Signatures This is to signify that the installation of the Equipment has been completed, and meets all of the criteria as set forth in Acceptance Testing as specified above, and is thereby accepted by the undersigned parties. Acceptance for Leasing This certificate constitutes irrevocable acceptance of the Equipment for purposes of the Lease. Accepted by «Customer» Accepted by Company Business Name Signature Signature Print Name Print Name Title Title Date Date PART 4 TERMS & CONDITIONS This Part 4 sets forth the terms and conditions under which Company shall [provide[ [install] the Equipment and Services. I. Term of the Service. Service will commence and will continue for the Term specified in Part 1. At the end of the specified Term, the Service shall automatically renew on a month -to -month basis, unless the terminating party delivers to the other party no less than one hundred and twenty (120) days advance written notice of its intention to terminate this Agreement. Upon renewal under this provision, the price will be Company then current price for month -to -month Service. 2. Billion and Collections. The obligation to pay the Advance Payment, the Installation Charge and to commence payment of the monthly recurring Service Charge shall take effect on the Acceptance Date specified in Part 1. Monthly recurring Service Charges shall be billed in advance of Service fir months following the first month of service. Invoices are due and payable in full upon receipt. If any portion of a payment is received after the late payment date, Company may charge, as a collection and administrative the, a monthly fee of 1.5% on the entire unpaid balance for each month or portion thereof (18% per arum), or if such amount is not permitted, the maxinmtm amount allowed under the law. 3. Cancellation and Termination. A. In the event Company believes that a judicial, legislative or agency regulation may conflict with this Agreement, the Customer shall either agree to modify this Agreement to conform to the terms of such regulations, or Company may terminate this Agreement, including the Lease, without liability and Customer shall return the Fquipnent to Company in accordance with Section 13 of Part 5 (Lease Agreement Terms & Conditions) ("the Lease"). B. Customer will be in default under this Agreement, including the Lease, if (a) Customer fails to pay any payment, including Rent or any other amount, after its due date, or fails to perform any other term or condition of this Agreement and such failure continues unremedied for a period of thirty (30) days; (b) Customer or any guarantor, if applicable, merges or consolidates with or into, or reorganizes with, another entity, or transfers all or substantially all of its assets or stock without Company's prior written consent which shall not be unreasonably withheld; or (c) Customer or any guarantor, if applicable, becomes insolvent makes an assignment for the benefit of creditors, or a petition is filed by or against Customer or any guarantor under any bankruptcy or insolvency law. Upon Customer's default, Company may, in its sole discretion, as compensation for loss of Company's bargain and not as a penalty, require that Customer (i) pay any payment including Rent (as defined in Part 5) and other sums then due Company; (i) pay a Cancellation Charge equal to all future payments due under this Agreement, including Rent, plus, if the Equipment is not returned in accordance with Section 13 of the I ,are, an amount equal to Company's estimate of the fair market value of the Equipment as of the expiration of the Term ("FMV"), the sum of which shall be discounted to its present value at the rate of 5% or, if such rate is not permitted by law, then the lowest permitted rate; and (iii) return the Equipment to Company. Company may charge interest of 1.5% per month, or the highest legal rate, if less, from the default date until paid ("Default Rate"). Company may also use any other remedies available under law or at equity. For purposes of the Agreement, FMV shall be determined on the basis of, and shall be equal in amount to, the price at which a buyer under no compulsion to buy would purchase the Equipment at retail from a seller under no compulsion to sell. In the event Customer fails to return the Equipment, Company may peacefully enter the premises where the Equipment is located, with or without legal process, and repossess the Equipment. If Company obtains possession of the Equipment the Company may sell or lease the Equipment to such persons and upon such terms as Company may determine at one or mom public or private sales, with or without notice to the Customer. In such event, Company shall apply the net proceeds, after deducting the reasonable costs and expenses of repossession, repair, storage and disposition of the Equipment, the FMV, as well as all other expenses reasonably incurred by Company in connection with the enforcement of this Agreement, including attorneys' fees and costs, to Customer's obligations. Customer shall be liable for any deficiency. C. The Customer is not permitted to cancel this Agreement, including the Lease, except as provided in Subsection D below. If the Customer tent inates the Agreement other than as permitted in Subsection D, the Customer shall pay the Cancellation Charge specified in section 3(B)(ii) of this Part 4 and return the Equipment in accordance with Section 13 of the Lease. D. If Company fails to perform any material term or condition of this Agreement (provided the Customer does not contribute to such failure) and such failure continues for thirty (30) days after Company's receipt of a written notice thereof, Customer may terminate this Agreement, including the Lease, for cause. Customer shall pay Company any outstanding amounts then due and owing under this Agreement and return the Equipment to Company in accordance with Section 13 of the Lease. 4. Force Maieure Event. Neither Company nor Customer shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any goverment or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. 5. Use Limitations. A. Customer agrees to comply with the rules, regulations and policies, including but not limited to, Company's Acceptable Use Policy (insert URL for appropriate company ), all policies applicable to Company and all policies applicable to any network that is accessed through Company. Violation of any such rules, regulations and policies, or any attempt to break security or to access an account which does not belong to Customer, shall be considered a material breach of contract, and Company may terminate this Agreement without liability. Upon such termination by Company, Customer shall be liable for any applicable charges, including all Rents and additional sums accrued and unpaid prior to such termination, plus Cancellation Charges. B. Nothing contained in this Agreement may be construed to convey to Customer any interest, title, or license in the user ID, electronic mail address, Universal Resource Locator, IP Address, or domain name used by Customer in connection with the Service. C. Company reserves the right to suspend or terminate Service to the Customer, or suspend or terminate any user ID, electronic nail address, Universal Resource Locator or domain name used by Customer in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (i) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of Company, its parent, affiliates and subsidiaries; or (v) interferes with other Customers' use and enjoyment of the Services provided by Company. 6. Transport Services. A. Rates, terms and conditions applicable to transport services provided by Company's local telephone company affiliate are set forth in tariff schedules filed with the State or Federal Regulatory Agencies, and am not in any way affected by the terms of this Agreement. B. Rates, terms and conditions applicable to complementary Global Service Provider interconnection services are not in any way affected by the terms of this Agreement 7. Arbitration Any dispute concerning the parties' duties under this Agreement which the parties cannot resolve within thirty (30) days shall be directed to binding arbitration administered by, and pursuant to the rules of the American Arbitration Association ("AAA") in the State of Illinois, with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered in any court having jurisdiction. Any costs incurred in the enforcement of the arbitration award shall be paid by the party against whom enforcement is sought 8. GeneraL A. If any portion of this Agreement is found to be invalid or unenforceable, the parties agree that the remaining portions shall remain in effect. The parties further agree that in the event such invalid or unenforceable portion is an essential part of this Agreement, they will immediately begin negotiations for a replacement. B. If either party ever fails to enforce any right or remedy available to it under this Agreement, that failure shall not be construed as a waiver of any right or remedy with respect to any other breach or failure by the other party. C. This Agreement constitutes the entire Agreement between the parties, and consists of the foregoing terms and conditions and the terms and conditions contained in all Parts to this Agreement and attachments which are incorporated herein by this reference. D. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS. CUSTOMER CERTIFIES THAT MORE THAN TEN PERCENT OF THE USE OF THE SERVICE IS INTERSTATE IN NATURE. E. Notices and other communications shall be transmitted in writing by U.S. Mail postage prepaid and shall be effective four days after the mailing date. To Company: 303 Second Street, North Tower, 6th Floor, Suite 650, San Francisco, CA 94107, Attn.: Vice President Sales. To Customer. As indicated in the Service Description. 9. Maintenance Service. A. Maintenance Activation. Company's 8 x 5, next business day, "On -Site" maintenance for contracted components will be provided for this project after Customer acceptance. B. Warranty Service: For service of any Equipment under a manufacturer's warranty, Company may, at its option, repair or replace such Equipment at the Customer's location or at another location specified by Company. C. Customer Responsibilities: Unless otherwise agreed to, the Customer shall: (i) have a representative at the Installation Site during any Company service activity or otherwise arrange access for Company. (ii) maintain a procedure external to the software program(s) and host computer for reconstruction of lost or altered files, data or program. (iii) assure that work done at the Installation Site by the Customer, its employees or others shall not interfere with Company's performance of onsite services. (iv) for any equipment that Company does not install for which Company is to provide services hereunder, provide warranty information including warranty expiration date, product and serial number prior to the start of such services. (v) except for emergency situations, obtain Company's written consent prior to any relocation, addition, deletion, or modification to the Equipment for which Company is to provide services hereunder. For emergency situations, notify Company as soon as reasonably possible. At its sole option, Company may adjust pricing and response time commitments for the remainder of the term or discontinue Services for such Equipment changed without Company's written permission. (vi) agree to reimburse Company for costs incurred when work is stopped, delayed, or rescheduled due to a request by Customer or as a result of a failure of Customer to meet the responsibilities outlined in Section 4 of the SOW (Part 2). D. Exclusions: Maintenance service does NOT include the administration or reconfiguration of Customer's equipment not provided as part of the Service. Additional charges will apply for such administration ation or reconfiguration of such equipment. E. Pre -Existing Condition: If (i) a preexisting condition is not caused by Company, (ii) the Equipment has been altered or repaired by any entity other than Company, without Company's written consent, (iii) a malfunction is the result of mishandling, abuse, misuse, or improper storage, installation, maintenance or operation by other than Company, or (iv) the Equipment has been damaged by fire, explosion, power failure, any act of God or by any other cause whatsoever other than by Company, then Company has no obligation to provide Service, including maintenance and/or network management service, until such Equipment is repaired or replaced to Company's satisfaction. If any malfunction to the Equipment (or any part) is caused by the foregoing conditions, except to the extent it is caused by Company, which Company will repair or replace at no cost to the Customer, the Customer agrees to (i) repair or replace such Equipment to Company's satisfaction or (ii) have Company repair or replace (at Company's sole option) such as to bring the Equipment to normal good operating order and condition at Company's prevailing rates for travel, time, and materials. Company will apply insurance proceeds it receives to any unpaid obligations and remit any excess proceeds it receives to any unpaid obligations and remit any further excess proceeds to Customer. F. Dispatch: If Company dispatches to the Customer's site and is not able to perform any of the onsite Services to be provided hereunder including installation and maintenance services due to lack of access or other acts or omissions on the part of the Customrer, Company will bill and the Customer will reimburse Company at Company's then current travel, time and material rates. G. Ownership/License: Customer warrants that it is the owner of any equipment not installed by Company for which Services under this Agreement are to be provided by Company or that it has the owner's authorization for Company to perform such Services on such equipment. Customer further warrants that it is the licensee of the software programs for any such programs for which Services under this Agreement are to be provided and that the software is properly registered with the Supplier. 10. Warranties; Limits of Liability: A. Except for the limited warranties set forth herein, the software is provided "as is" without warranty of any kind, either express or implied. Company does not warrant that the software, including security software, will meet the Customer's requirements or its operation will be uninterrupted or error free or will prevent third party access to Customer's networks. B. WARRANTY EXCLUSIONS: The Customer understands and agrees that the warranties stated herein do not cover Equipment failures caused by (i) the Customer's failure to follow installation, operation or maintenance instructions; (ii) any attachment to Equipment not authorized by the manufacturer or Company; (iii) the failure of equipment or services not purchased from Company; (iv) any modifications, alterations, or repairs to Equipment sold hereunder made by persons other than Company or its agents; or (v) the Customer's mishandling, abuse, misuse, negligence, or improper storage, servicing, or operation of Equipment provided by Company hereunder. For the purposes of this sub- section, the term "Customer" includes the Customer, its employees, contractors, agents, visitors and comparable persons not related to Company. C. Company's liability for damages for intemtptions of Services or failure to meet Service Level commitments, or for mistakes, omissions, delays, errors and defects in the provision of the Services, shall in no event exceed the total of one months' Service Charge paid by Customer. In no event shall Company be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement services. D. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE. 1L Delay Caused by Customer. A. If the installation of any Equipment or Services hereunder is delayed for more than 30 days due to acts or omissions of the Customer, Company may, at its option: (i) commence billing the Customer effective as of the scheduled installation completion date, or (ii) cancel the order and bill the Customer the applicable cancellation charges, plus all costs incurred by Company as a result of the delay. 12. Indemnity. A. Customer agrees to indemnify and save Company, its agents and assigns, harmless from all claims, losses, expenses, suits and attorney's fees (collectively "Liabilities") for damages to or loss of any piopwty and for liability, or loss resulting for the assessment of any taxes, penalties, interest, additions to tax, surcharges or other charges (mcluding reasonable attorneys' fees), which may in any way arise out of or result from or in connection with this Agreement, Customer's use of the Web Hosting Service, except to the extent that such liabilities arise from the negligence or willful misconduct of the Company. Customer further agrees to indemnify and save Company harmless from all claims, losses, taxes, fees, liens, expenses, suits and attorney's fees (collectively "Tax liabilities") resulting from or in connection with Customer's delay or failure to pay any tax, fee or assessment, or Customer's failure to file any tax return or other tax information, as required by law. B. Customer shall defend Company, its agents and assigns, against any and all claims that the Customer's Web Site, or the use of that Web Site infringes on any patent, trade secret or copyright (referred to herein as "intellectual property right") and will indemnify Company against any loss, damage or liability arising from such claim against Customer. Customer shall not be obligated to indemnify Company, its agents and assigns, for misappropriation or infringement of intellectual property rights of third parties that result solely from the negligent acts of Company. 13. Electronic Commerce Enablement. A. Customer confirms that its Web Site contains an order entry form or other method by which Customer may engage in transactions with its clients. Customer is solely responsible for completion of transactions and for long-term storage of its own transaction records. Customer is solely responsible for the security of the storage facilities, and must take all necessary steps to ensure that the transactional records are secure. 14. Assignment Customer may not sell, pledge, transfer, assign or sublease its interest in the Agreement, Service, Lease or Equipment without the prior written consent of Company, which consent will not be unreasonably withheld. Company may, without notice to or the consent of Customer, sell, assign or transfer, all or any part of, its interest in the Lease or Equipment. However, Company will give Customer notice of any such event if Customer is obligated to pay the assignee directly. Company's assignee will have all the rights and benefits of Company but none of Company's obligations. Company's assignee will not be subject to any claims, defenses or setoffs that Customer may have against Company. Nothing herein shall preclude Customer from separately exercising any rights it may have against Company. [End of Part 41 PART 5 LEASE AGREEMENT TERMS & CONDITIONS This Part 5 between Company and Customer sets forth the terms and conditions under which Company will lease to Customer the Equipment including any associated software specified in Appendix A to the Statement of Work (Part 2) of this Agreement. This Part 5, including any terms and conditions of any Section of a Part specifically referenced herein, shall constitute the "Lease". 1. Lease and Acceptance. Subject to the terms and conditions contained herein, Company leases the Equipment and grants to Customer a sublicense to use any associated software and Customer leases the Equipment and sublicenses any such software. Acceptance of the Equipment by Customer pursuant to Section 1.4 of Part 2 shall constitute acceptance for purposes of the Lease. 2. Term and Rent. The Term of the Lease is set forth in Part I. If either party provides one hundred and twenty (120) days notice of termination as specified in Section 1 of Part 4, Customer shall return the Equipment to the Company in accordance with Section 13 of this Part 5. Except as otherwise agreed to by the parties, any renewals agreed to by Customer and the Company shall be on the same terms and conditions as during the initial Term. If Customer does not return the Equipment to Company in accordance with Section 13 of this Part 5 at the end of the initial Term or any renewal thereof, the Lease shall be automatically extended for ninety (90) days, and after that on a month -to -month basis until either party gives the other not less than thirty (30) days prior written notice of its intention to terminate this Lease. Any extension shall be on the same terms and conditions as during the initial Term or renewal thereof (as applicable). At the commencement of the Term, Customer shall pay the Advance Payment set forth in Part 1. During the Term, Customer agrees to pay to Company a monthly rental fee which is the Minimum Charge set forth in Part 1 for use of the Equipment. For purposes of this Part, the Minimum Charge is called "Rent". Rent shall be billed and paid in accordance with Section 2 of Part 4. The Rent is exclusive of taxes, which shall be paid in accordance with Section 3 of this Part 5. After this lease commences, if Company and Customer agree that additional Equipment, including any software, shall be added to the Lease, Company may adjust the Rent, notify Customer in writing of such adjustments, and such adjustment notice shall be added to and become a part of the I rase. Customer shall pay Rent where Company directs in U.S. dollars. Whenever any payment of Rent or other amount due under the Lease is not received by the late payment date, Customer agrees to pay upon demand a collection and administrative fee in accordance with Section 2 of Part 4. 3. Taxes and Fees. Customer agrees to promptly reimburse Company on demand for, or if requested by Company, directly pay when due, all taxes, including sales, use and personal property taxes, and all fees imposed relative to this Lease (including Rent) and the Equipment. 4. Ownership. The Equipment remains Company's sole property and Customer only has the right to use it as long as no default has occurred and is continuing, and solely in the conduct of Customer's business. Customer, at its own expense, will protect and defend the title and rights of the Company to or in the Equipment from and against all claims and liens and shall at its own expense promptly take all action necessary to discharge the same. Customer agrees to execute and deliver, upon request, any documents necessary to evidence the intent of this Lease and/or to protect Company's interest in the Equipment. Customer appoints Company, its assignee or its agent, as it's attorney -in -fact for the sole purpose of executing and delivering any UCC financing statements. Company shall pay the usual costs of filing any such financing statements but Customer shall reimburse Company for any stamp tax, indebtedness tax, recording tax or other similar taxes that may be imposed by a jurisdiction. 5. Location of Equipment. Customer agrees not to move the Equipment from the Installation Site specified in Appendix D to the Statement of Work (Part 2) without the prior written consent of Company which shall not be unreasonably withheld. The Equipment shall remain personal property and not a fixture. Company may inspect the Equipment at any reasonable time. 6. Maintenance of Equipment. Except with respect to maintenance provided by Company to Customer under Parts 1-4, Customer, at its own cost and expense, is required to keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, and in compliance with all applicable laws, rules, regulations and manuals. All replacement parts and repairs made to the Equipment become the property of the Company. Customer may, with the Company's prior written consent, make modifications to the Equipment. Before returning the Equipment, Customer shall remove such modifications and restore the Equipment to its original condition and, if not removed, title thereto shall automatically pass to Company. CUSTOMER AGREES THAT COMPANY HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION OR QUALITY OF THE EQUIPMENT AND OF ANY UNIT THEREOF. 7. Insurance and Risk of Loss. Customer is responsible for loss and damage to the Equipment from any cause whatsoever (other than the negligence of Company), upon delivery of the Equipment to the Installation Site and agrees to keep the Equipment fully insured against loss and damage until all Rent is paid in full and Equipment is returned to and received by Company, with any proceeds payable to Company or assignee who shall be named as loss payee. Customer also agrees to obtain a liability insurance policy that includes Company or its assignee as an additional insured on the policy. Each insurance policy shall be from an insurance company and in a form and amount reasonably acceptable to Company and provide that the insurer will give Company sixty (60) days prior written notice of any change to or cancellation of such policy. Customer agrees to provide Company with satisfactory evidence of such insurance prior to the commencement of the Lease. If Customer fails to procure, maintain and pay for such insurance, Company has the right, but not the obligation, to obtain such insurance on behalf of and at the expense of Customer. In the event Company does obtain such insurance, Customer shall pay all associated costs with the next Rent payment or as specified by Company. S. Casualty. If the Equipment, or any part, is lost, stolen, destroyed, damaged or taken in any condemnation, Customer shall promptly notify Company and the parties shall proceed in accordance with the provisions of Section 9(E) of Part 4. In the event of Casualty as defined herein, there shall be no abatement of Rent. 9. Non -Cancellable Lease. CUSTOMER AGREES THIS IS A NON - CANCELABLE LEASE AS DESCRIBED IN SECTION 3(C) OF PART 4 AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY OTHER PART OTHER THAN SECTIONS 3(A) AND 3(D) OF PART 4, CUSTOMER'S OBLIGATIONS UNDER THIS LEASE, SPECIFICALLY ITS OBLIGATION TO PAY RENT AND OTHER SUMS DUE UNDER THIS PART, ARE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SETOFF, DEFENSE, OR COUNTERCLAIM FOR ANY REASON WHATSOEVER. Nothing in this Section is intended to preclude Customer from separately asserting against Company or any manufacturer or supplier any right, claim, or warranty it may have under other Parts or otherwise. 10. Indemnity. CUSTOMER AGREES TO INDEMNIFY AND HOLD COMPANY, ITS AGENTS AND ASSIGNS, HARMLESS FROM ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, INJURIES, AND SUITS, INCLUDING LEGAL EXPENSES, CAUSE BY OR IN ANY WAY RELATED TO THE SELECTION, MANUFACTURE, PURCHASE, OWNERSHIP, POSSESSION, OPERATION, USE, CONDITION, RETURN, ACCEPTANCE OR REJECTION OF THE EQUIPMENT. Customer will reimburse Company for, defend Company against, and hold Company harmless from, any and all of the foregoing and as outlined in Section 12(B) of Part 4, except to the extent caused by Company's gross negligence or willful misconduct. 11. Tax Indemnity. This Lease is entered into based upon the assumptions ("Assumptions") that for federal, state, and local income tax purposes, Company shall be entitled to deduct, at the highest marginal rate of tax imposed on corporations, the maximum depreciation or cost recovery allowances provided in the Internal Revenue Code of 1986, as amended, and under state and local law in effect on the date Customer executes this Lease. If, in its reasonable opinion, Company determines that its net after-tax economic yield or after-tax cash flow ("Net Economic Return") has been adversely affected as a result of a change in the Assumptions caused in whole or in part, directly or indirectly by (i) any change in the legal or tax status of Customer, (ii) any act or failure to act of Customer, (iii) the breach or inaccuracy of any of Customer's representations and warranties, or (iv) the use of the Equipment by Customer which would prevent deductions for depreciation or cost recovery allowances as set forth above (a "Loss"), Customer agrees to pay to Company, on request, an amount which will cause Company's then Net Economic Return to equal the Net Economic Return that Company would have received bad such Loss not occurred. Customer shall have no right to inspect the tax returns of Company but, upon receipt of a written request from Customer, Company shall provide Customer with a statement describing in reasonable detail the basis of the Loss. 12. Default and Remedies. If the Customer is in default pursuant to Section 3(B) of Part 4, Company may exercise its rights and remedies as provided for therein. 13. Return of Equipment. If Customer or Company have provided at least one hundred and twenty (120) day notice of termination as specified in Section 1 of Part 4 at the end of the Term, including any renewal, or if this Lease is cancelled for any reason permitted herein, Customer agrees, at its expense, to deinstall and return the Equipment to a location specified by Company, freight prepaid, in the same condition it was delivered except for ordinary wear and tear. Customer will pay the reasonable costs of returning the Equipment to such condition. Customer will continue to pay Rent for each full month until the Equipment is received by Company. 14. Customer's Waiver. This Lease may be a finance lease as that term is defined in Article 2A of the Uniform Commercial Code. If so, to the extent permitted by law, Customer waives, after acceptance of the Equipment, any and all rights and remedies granted Customer by Sections 2A-508 through 2A-522 of the Uniform Commercial Code including, without limitation, rights of rejection, revocation, cancellation and granting a security interest. 15. Customer Representations and Warranties. Customer represents and warrants to Company that Customer has a plan and organization in place to minimize any materially adverse effects on its business operations caused by the failure of any system or Equipment which is material to Customer's operations to be Year 2000 Compliant. "Year 2000 Compliant" means that (Name of Customer): City of National City By: Print Name: Title: Date: the functionality and the performance of any such system or Equipment will not be adversely affected as a result of the date change from the calendar year 1999 to the calendar year 2000, including leap year calculations, and that, to the extent applicable to such systems or Equipment's normal operating specifications, such system or Equipment will accurately accept, store, retrieve, calculate, compare and otherwise process dates before and after January I, 2000. Customer is conscientiously implementing such plan, and Customer will, upon request from Company, provide Company with periodic updates on its implementation of such plan. 16. Governing Law. This Lease will be governed by the laws of the State of Illinois. 17. Enforcement of this Lease. This Lease shall be enforced in accordance with Section 7 of Part 4. 18. Miscellaneous. If Customer fails to comply with any provision of this Lease, Company may, but is not obligated to, take any action on behalf of Customer, including obtaining required insurance coverage, and Customer shall pay the cost thereof, together with interest thereon at the Default Rate. Any delay or failure by Company to enforce its rights under this Lease does not prevent Company from enforcing any rights at a later time. Company may insert the serial numbers and other information about the Equipment and dates or other omitted factual matters on this Lease or any other document. If a court finds any provision of this Lease to be unenforceable, the remaining terms of the Lease shall remain in effect. No lease charge, late charge, fee or interest, if applicable, is intended to exceed the maximum amount permitted to be charged or collected by applicable law. If one or more of such charges exceed such maximum, then such charges will be reduced to the legally permitted maximum charge and any excess charge will be refunded. Customer agrees to furnish from time to time such information regarding the financial condition of Customer as Company, its agents or assigns, may reasonably request. This Lease constitutes the entire agreement between Company and the Customer with respect to the leasing of the Equipment. This Lease supersedes all previous writings and understandings of any nature whatsoever with respect to the subject matter hereof. Any written notice required by this Agreement will be made in accordance with Section 8(E) of Part 4. This Lease is binding upon, and shall inure to the benefit of, the successors and assigns of Company and Customer. All of Customer's indemnities, waivers, assumptions, liabilities and duties and all of Company's disclaimers shall continue and survive the expiration or other termination of this Lease. Company and Customer intend and agree that a facsimile of this Lease with their signatures thereon shall be treated as an original, and shall be deemed to be as binding, valid, genuine and authentic as an original signature document for all purposes. Any reference in this Lease to "Company" as it relates to Company's rights but not its obligations, shall be deemed to also mean any assignee of Company. Accepted by (Co. Name): act c Bell Internet By: ,{CV.54 10 (d/bt Print Name: Marlis Wells Title: ISM Date: October 7, 1999, 1999 LETTER OF AUTHORIZATION Order Processing: I hereby declare that I have the authority to authorize, and that by my signature below, I do hereby authorize SBC Internet Services and its authorized agents to do all of the following on my behalf: • submit query information concerning the availability of any regulated network services and other non -regulated services specified below or in an attachment; • place orders to install, maintain, repair or disconnect any regulated network services and other non -regulated goods or service specified below or in an attachment; • negotiate rates for any regulated network services and other non -regulated goods or services, and enter into contracts for such goods and services specified below or in an attachment; and • act as a billing agent for any regulated network services and other non -regulated goods or services ordered under this letter of authorization. Payment for Services: I hereby agree to pay for any regulated network services and other non -regulated goods or services ordered by SBC Internet Services on my behalf, including installation and recurring charges. In the event of any discrepancy between the rates, charges, terms and conditions of the regulated network services quoted by SBC Internet Services and the rates, charges, terms ,and conditions set forth in an applicable tariff, the currently effective tariffed rates, charges, and terms shall be controlling. Access to Customer Proprietary Network Information (CPNI): I further authorize SBC Internet Services to access my Southwestern Bell account records required to assist in the provisioning of the services ordered, including, but not limited to, information pertaining to billing and collections, types of service, classes of service, usage, service location, number of lines, telephone numbers, features, and other nonpublished information. Reliance by Third Parties: SBC Internet Services warrants the validity of this Authorization Letter to any third party to whom Vendor shows the original or a copy of this Authorization Letter and who relies on this Authorization Letter with respect to the scope of SBC Internet Services' authority to act on my behalf.. Effective Date: This Authorization Letter is effective as of the date of the date it is executed by both parties. This Authorization Letter is only effective as to the matters specified herein and may be revoked at any time by Customer either in writing or electronically. Designated Goods and Services: The regulated network services and other non -regulated goods or services, which are covered by this agreement, are as follows or as set forth in an attachment: 1. Current Telephone Numbers and Service Addresses: 2. Execution: By fully completing this form and returning to Pacific Bell Internet Services, I declare that I have the authority to execute this Letter of Authorization, and that by my signature below, I do hereby Pacific Bell Internet Services to act on my behalf. Customer: 3. City of National City ��T/ p SBC Internet Services By: By: LIVl aen. J Print Name: Print Name: arlis Wells Title: Address: Email Address: Telephone: Fax: Date: Title: ISM Address: 16775 Von Karman Ave Irvine. CA 92614 Email Address: Telephone949-838-8087 Fax: 949-752-55Q3 Date: October 7, 1999 ADDENDUM This Addendum to Agreement ("Agreement"), effective 10-6-99 , is between PACIFIC BELL INTERNET SERVICES, a California corporation ("PBI" or "Company") and City of National City ("Customer"). This Addendum to Agreement sets forth additions and/or modifications to the terms and conditions under which PBI shall provide Internet Access Services (hereinafter "Service" or "Services") to Customer. 1. This paragraph replaces Part 5, Lease Agreement, Paragraph 7: 7. Insurance and Risk of Loss. Customer is responsible for loss and damage to the Equipment from any cause whatsoever (other than the negligence of Company), upon delivery of the Equipment to the Installation Site and agrees to keep the Equipment fully self -insured against loss and damage until all Rent is paid in full and Equipment is returned to and received by Company, with any proceeds payable to Company or assignee. In the event of damage or loss to Equipment, Customer will pay Company the replacement cost of the Equipment at the time of loss, or the cost to repair, whichever is applicable, upon request. PACIFIC BELL INTE T SERVICES COMPANY NAME: City of National City Signed: C�(4-- Signed: /;, l67) Print Name: Marlis Wel s Print Name: Title: Internet Sales Manager Title: Date: 10-6-99 Date: Note: Changes to Para 7 is in red. -1- Information Guide — for House of IP — Online Office (Starter Packages) Application for End -User Surcharge Exemption Our interstate/intrastate special access facility termination is exempted for the following reason: ❑ An open-end termination in a Telephone Company switch of an FX line, including CCSA and CCSA-equivalent ONAL's. ❑ An analog channel termination that is used for radio or television program. ❑ A termination used for TELEX service. ❑ A termination that by the nature of its operating characteristics could not make use of Telephone Company common lines. ❑ A termination that interconnects either directly or indirectly to the local exchange network where the usage is subject to Carrier Common Line charges such as, where the special access facility access only FGA and no local exchange lines, or special access facility between customer points of termination, or special access facility connecting CCSA or CCSA-type equipment (intermachine trunks). ❑ A termination that the customer certifies to the Telephone Company is not connected to a PBX or other device capable of interconnecting the special access facility to a local exchange subscriber line, or the PBX or other device has been rendered incapable of interconnection by software or hardware changes. Company Name Official's Name Official's Signature Official's Title Date Signed Order Number(s)/Circuit Number(s) A. B. C. TRANSMITTAL AND CHECKLIST House of IP Order Processing Checklist Customer Name - BTN Sales Contact-Name/TN 1. Sales Order 2. Sales Agreement Customer Signature Plus ' Customer Network Diagram 3.Security Documents Corporate Site Survey (Firewall) Branch Site Survey (w/o Firewall) Branch Sites (One per location) 4. Letter of Authorization Customer Signature 5.Credit Application Customer Signature Credit Confirmation (From SBCIS Fin) 6.Tax Exempt Certificate (if applicable) 7. Special Access Surcharge Exemption (SWB) Customer Signature Select Product Package and Verify Complete Order Package OnLine Office Starter Package NOTE: Documents 2, 4, 5, and 7 require customer signatures Version 5 July 1999 PROPRIETARY INFORMATION transmittal and checklist.xls MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT DECEMBER 14, 1999 AGENDA ITEM NO. 5 rITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO INSTALL TWO. ADDITIONAL STOP SIGNS AT 9TH STREET AND AVENUE (E.M. SCHUMAN, TSC ITEM NO. 99-32) PREPARED BY ADAM J. LANDA DEPARTMENT ENGINEERING EXPLANATION Mr. Edward Schuman, and residents of the 900 Block of "A" Avenue, have requested the installation of 2 additional"4-Way" stop signs at the intersection of E. 9th Street and "A" Avenue. Presently, there are 2existing stop signs for the East/West direction at this intersection. According to Mr. Schuman there is a speeding problem through the intersection which he believes a 4-way stop will remedy. Environmental Review x N/A Financial Statement N/A STAFF RECOMMENDATIO if 40, It is recommended th.t two additio al stop signs be installed in the intersection even though the additions stop signs do not meet the State of California warrants. BOARD/COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of December 8, 1999 recommended the installation of two stop signs at 9th Street and "A" Avenue. Account No. ATTACHMENTS (Listed Below) 1. Resolution 2 Staff Report to the Traffic Safety Committee Resolution No. 99-195 A-2s.' is RESOLUTION NO. 99-195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL TWO ADDITIONAL STOP SIGNS AT 9TH STREET AND "A" AVENUE (E.M. Schuman, TSC Item No. 99-32) WHEREAS, Eward Schuman and residents of the 900 block of "A" Avenue have requested the installation of two additional stop signs at the intersection of East 9th Street and "A" Avenue in order reduce the speed of traffic; and WHEREAS, at its meeting on December 8, 1999, the Traffic Safety Committee approved the installation of two additional stop signs at the intersection of East 9th Street and "A" Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install two additional stop signs at the intersection of East 9th Street and "A" Avenue. PASSED and ADOPTED this 14th day of December, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /3L George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 8, 1999 MEM ITEM TITLE: REQUEST TO PROVIDE A 4-WAY STOP CONTROL AT THE INTERSECTION OF E. 9TH STREET AND "A" AVENUE (BY: E.M. SCHUMAN) PREPARED BY: Adam Landa, Engineering Department DISCUSSION: Mr. Edward Schuman, and residents of the 900 Block of "A" Avenue, have requested the installation of "4-Way " stop signs at the intersection of E. 9th Street and "A" Avenue. (There are existing "2-way" stop signs at this intersection with 9th Street required to stop.) According to Mr. Schuman there is a speeding problem through the intersection which he believes a 4-way stop will remedy. Staff has performed a study for a 4-way stop control for the interjection of E. 9th Street and "A" Avenue. Based upon the attached warrants, the intersection scores only thirteen (13) points out of the necessary thirty (30) for a 4-way stop consideration. STAFF RECOMMENDATION: It is recommended that four way stop signs not be installed as the intersection doesn't meet the State of California warrants. EXHIBITS: 1. Letter 2. Location Map 3. Warrants 4. Traffic Counts SAFETY ON "A" AVENUE NATIONAL CITY CALIF. SEPTEMbER 27, 1999 WE THE UNDERSIGNED WISH TO BRING THE CONDITIONS OF "A" AVENUE TO THE NATIONAL CITY COUNCIL SAFETY AND TRAFFIC DIVISION. THE TRAFFIC AT THE CORNER OF EAST 9TH STREET AND "A" AVENUE HAS INCREASED DRAMATICALLY IN THE PAST FIVE YEARS. MORE CARS TRAVELING AT EXCESSIVE SPEEDS ON THIS STREET ARE A DAILY OCCURENCE. WE REQUEST THE RE -POSTING OF THE STOP SIGN THAT WAS ORIGINALLY POSTED AT THE CORNER OF EAST 9TH STREET AND "A" AVENUE. IT WAS REMOVED IN THE PAST BECAUSE THE TRAFFIC AT THAT TIME WAS REPORTED TO BE SLOWER THAT WAS ORIGINALLY THOUGHT. IF YOU STUDY THE AREA YOU WILL ASCERTAIN THAT A FOUR-WAY STOP WOULD BE SAFER FOR FOOT TRAFFIC AND RESIDENTS AT THIS INTER- SECTION. WE HAVE OBSERVED CARE RACING THROUGH THIS AREA, IT IS USED A.S A SHORT CUT TO -THE BANK AND BUSINESSES ON EIGHTH STREET. PLEASE SLOW DOWN THE EXCESSIVE SPEED OF THIS TRAFFIC BY RE- POSTING THE PREVIOUS STOP SIGNS AND HELP PROTECT OUR CHILDREN AND SENIORS. 9�M 2 1u r/4re qaLl 9L7 lu, /9 five .l, A Aire I (. c,a. 3�ilg c ) Gr 50 1L = 9'/ Tre2 /441pi,Pay grors'D 6, CJ /t 56 corcV sz> Al c. So c^qieiS STREET STREET U z LU ) BOULEVARD STREET STREET DRIVE STREET JUJEVEL I _J ra BOULEVARD >F- U - 2 0 z I- STREET E. 9th E. Ilth E. 12th 1 I" II " W. 8th PLAZA (10th STREET) STREET POLICY FOR 4-WAY STOP CONTROL 1. PURPOSE h AvL A fully justified, properly installed four-way stop can effectively assign right-of-way, reduce vehicle delay and decrease accidents. Generally, a four-way stop is reserved for use at the intersection of two through highways, and only as an interim traffic control measure prior to signalization. 2. GENERAL The posting of an intersection for four-way stop control should be based on factual data. Warrants to be considered include: 1. Through street conditions. 2. Accident records. 3. Traffic and pedestrian volumes. 4. Unusual conditions such as proximity of schools, fire stations, vision obscurement, etc. Points are assigned to each of these warrants. The total possible points is 50. The installation of four-way stop control is justified with a total of 30 points. 3. THROUGH STREET WARRANT One of the approaching streets to the intersection must be a through highway before the intersection can be considered for four-way stop control. A through highway shall extend at least one mile in both directions from the intersection under consideration, and shall meet the conditions set forth on Page 8, Section 2f of the Highway Capacity Manual, 1965. A. If only one of the intersecting streets is a through highway. 1-3 Pts. B. If both streets are through highways. 3-5 Pts. Maximum 5 points. 4. ACCIDENT WARRANT Two points are assigned for each accident susceptible to correction by four-way stop control0 during one full year prior to the investigation. Maximum 14 points. 5. UNUSUAL CONDITION WARRANT Where unusual conditions exist at the intersection such as a school, fire station, playground, vision obscurement, etc., points are assigned on the basis of engineering judgment. Unusual conditions shall be considered only if within 500 feet of the intersection. Maximum 10 points. 6. VOLUME WARRANT A. Total entering vehicle volume must equal 2,000 vehicles for the four highest hours in an average day. B. Total side street vehicular and pedestrian volume must equal 600 minimum during the same four hour period. Points shall be assigned in accordance with the following tables: TOTAL MINOR STREET PEDESTRIAN & ALL APPROACHES VEHICLE VOLUME (BOTH APPROACHES) Highest Four Hour Volume Points Highest Four Hour Volume Points 0 - 1400 0 600 - 800 1 5 E`t 1401 - 1700 1 801 - 1200 2 3? 1701 - 2000 2 1201 - 1400 3 5 ZI 2001 - 2300 3 1401 - 1600 4 2301 - 2600 4 1601 - Over 5 iti 2601 - 2900 5 2901 - 3200 6 3201 - 3500 7 3501 - 3800 8 3801 - 4100 7 yr,v- 4101 - 4400 6 I p 3 4401 - 4700 5 4701 - 5000 4 5001 - 5300 3 5301 - 5600 2 5601 - 5900 1 Over 5900 0 Maximum 13 Points 7. VOLUME SPLIT WARRANT: Four-way stops operate best where the minor approach and the major approach volumes are nearly equal. Points shall be assigned in accordance with the following table: 24-Hour Minor Street Volume 24-Hour Major Street Volume (%) Points 95+ 85-94 75 - 84 65 - 74 55-64 45 - 54 35 - 44 25 - 34 0-24 Maximum 8 Points. SA:jha2 polistop orly9,1 8 7 6 5 3 2 1 Location:9th St. @ A Ave. National City Volumes for Wednesday 11/10/99 AM Period NB SB EB WB PM Period NB 12:00-12:15 1 3 3 0 12:00-12:15 18 12:15-12:30 0 5 2 0 12:15-12:30 14 12:30-12:45 1 2 0 0 12:30-12:45 25 12:45-1:00 0 2 1 11 0 5 0 0 18 12:45-1:00 14 1:00-1:15 0 3 1 1 1:00-1:15 10 1:15-1:30 1 6 2 2 1:15-1:30 8 1:30-1:45 0 1 0 0 1:30-1:45 9 1:45-2:00 0 1 1 11 2 5 0 3 20 1:45-2:00 5 2:00-2:15 0 2 1 2 2:00-2:15 11 2:15-2:30 0 1 2 0 2:15-2:30 9 2:30-2:45 0 2 0 0 2:30-2:45 10 2:45-3:00 1 1 2 7 3 6 0 2 16 2:45-3:00 25 3:00-3:15 0 2 0 0 3:00-3:15 21 3:15-3:30 0 0 2 1 3:15-3:30 8 3:30-3:45 0 1 0 0 3:30-3:45 15 3:45-4:00 1 1 0 3 0 2 1 2 8 3:45-4:00 14 4:00-4:15 0 0 0 1 4:00-4:15 12 4:15-4:30 0 0 1 0 4:15-4:30 11 4:30-4:45 2 0 0 2 4:30-4:45 27 4:45-5:00 1 3 0 0 0 1 1 4 8 4:45-5:00 11 5:00-5:15 0 0 0 1 5:00-5:15 16 5:15-5:30 1 0 0 1 5:15-5:30 18 5:30-5:45 1 0 0 0 5:30-5:45 13 5:45-6:00 1 3 0 0 0 0 2 4 7 5:45-6:00 23 6:00-6:15 2 3 0 3 6:00-6:15 11 6:15-6:30 0 4 0 1 6:15-6:30 17 6:30-6:45 4 0 0 5 6:30-6:45 22 6:45-7:00 4 10 0 7 0 0 5 14 31 6:45-7:00 24 7:00-7:15 8 4 2 8 7:00-7:15 18 7:15-7:30 16 6 8 11 7:15-7:30 18 7:30-7:45 20 , 8 8 11 7:30-7:45 13 7:45-8:00 10 54 3 21 12 30 8 38 143 7:45-8:00 8 8:00-8:15 9 5 11 6 8:00-8:15 11 8:15-8:30 6 5 6 8 8:15-8:30 8 8:30-8:45 12 9 4 6 8:30-8:45 7 8:45-9:00 13 40 7 26 4 25 13 33 124 8:45-9:00 5 9:00-9:15 6 12 5 11 9:00-9:15 4 9:15-9:30 6 6 3 8 9:15-9:30 6 9:30-9:45 5 11 6 14 9:30-9:45 7 9:45-10:00 10 27 10 39 8 22 23 56 144 9:45-10:00 6 10:00-10:15 14 12 11 18 10:00-10:15 1 10:15-10:30 10 6 9 12 10:15-10:30 2 10:30-10:45 7 7 8 9 10:30-10:45 2 10:45-11:00 5 36 9 34 9 37 14 53 160 10:45-11:00 5 11:00-11:15 10 10 7 11 11:00-11:15 2 11:15-11:30 13 13 17 25 11:15-11:30 2 11:30-11:45 19 21 14 19 11:30-11:45 1 11:45-12:00 19 61 22 66 14 52 14 69 248 11:45-12:00 2 Total Vol 239 225 185 278 927 549 Daily Totals 788 SB 16 11 18 71 12 8 20 15 32 12 15 12 16 55 9 18 13 17 58 18 15 25 20 61 17 15 12 8 70 17 13 8 4 74 10 12 5 2 57 6 1 5 3 31 2 3 4 4 23 5 1 5 2 10 8 0 6 4 7 1 473 698 07990001 EB WB 20 20 8 23 8 22 57 10 46 16 81 255 4 18 9 18 19 11 55 6 38 7 ' 54. ! 179 9 7 9 52 13 16 9° 18 66 11 27 13 13 77 16 13 14 23 52 22 15 10 11 35 9 4 10 9 25 7 6 3 9 11 1 5 0 6 16 8 4 4 9 16 9 4 0 2 11 1 463 648 ,12 38 204. 66 211 t 19 54 14, 90 ':268 16 17 j :. 26a 15y 74 281 20 72 23 67 261 13 23 14 45 17 67 221 8 15 8 30 9 40 152 4 10 10 19 5 29 90 5 4 8 19 7 24 82 7 9 2 26 0 18 54 1 1 0 7 0 612 890 2 27 2097 3024 Location:9th St. @ A Ave. AM Period NB 12:00-12:15 0 12:15-12:30 0 12:30-12:45 1 12:45-1:00 0 1 1:00-1:15 1 1:15-1:30 2 1:30-1:45 3 1:45-2:00 0 6 2:00-2:15 1 2:15-2:30 1 2:30-2:45 1 2:45-3:00 0 3 3:00-3:15 2 3:15-3:30 0 3:30-3:45 0 3:45-4:00 1 3 4:00-4:15 0 4:15-4:30 7 4:30-4:45 0 4:45-5:00 1 8 5:00-5:15 0 5:15-5:30 0 5:30-5:45 1 5:45-6:00 2 3 6:00-6:15 1 6:15-6:30 3 6:30-6:45 0 6:45-7:00 6 10 7:00-7:15 9 7:15-7:30 2 7:30-7:45 16 7:45-8:00 8 35 8:00-8:15 5 8:15-8:30 4 8:30-8:45 10 8:45-9:00 6 25 9:00-9:15 12 9:15-9:30 7 9:30-9:45 12 9:45-10:00 5 36 10:00-10:15 11 10:15-10:30 11 10:30-10:45 10 10:45-11:00 6 38 11:00-11:15 12 11:15-11:30 8 11:30-11:45 14 11:45-12:00 19 53 Total Vol 221 Daily Totals National City SB EB WB 4 3 0 2 0 2 2 3 1 1 9 1 7 1 3 0 0 3 5 0 0 3 0 1 7 1 9 0 0 0 0 3 1 2 1 2 0 1 5 0 3 0 1 3 0 0 1 0 1 0 0 "1 3 1 5 1 0 0 0 0 1 1 0 2 0 0 0 1 4 0 2 1 1 0 3 1 0 1 0 1 3 1 6 3 2 0 3 0 3 0 0 8 1 1 3 5 16 1 2 6 7 0 2 3 0 6 9 0 2 15 29 5 3 4 8 3 0 4 6 3 5 6 18 7 14 10 8 8 5 2 9 13 8 9 16 5 23 8 34 10 8 9 10 8 8 7 5 6 14 7 28 5 28 9 11 7 12 19 9 8 7 9 18 14 51 6 31 15 152 186 206 Volumes for Thursday 11/11/99 PM Period NB SB 12:00-12:15 18 15 12:15-12:30 13 12:30-12:45 6 4 21 12:45-1:00 14 1:00-1:15 12 1:15-1:30 14 1:30-1:45 19 0 22 1:45-2:00 15 2:00-2:15 16 2:15-2:30 13 2:30-2:45 9 2 13 2:45-3:00 14 3:00-3:15 13 3:15-3:30 17 3:30-3:45 12 1 12 3:45-4:00 16 4:00-4:15 21 4:15-4:30 17 4:30-4:45 15 1 13 4:45-5:00 16 5:00-5:15 13 5:15-5:30 8 5:30-5:45 15 5 17 5:45-6:00 13 6:00-6:15 8 6:15-6:30 8 6:30-6:45 7 5 34 6:45-7:00 3 7:00-7:15 7 7:15-7:30 14 7:30-7:45 8 24 90 7:45-8:00 7 8:00-8:15 3 8:15-8:30 1 8:30-8:45 5 27 84 8:45-9:00 7 9:00-9:15 6 9:15-9:30 14 9:30-9:45 11 44 137 9:45-10:00 10 10:00-10:15 6 10:15-10:30 5 10:30-10:45 3 40 134 10:45-11:00 6 11:00-11:15 5 11:15-11:30 8 11:30-11:45 3 53 188 11:45-12:00 5 765 499 720 18 10 51 6 11 10 10 60 16 16 13 17 52 16 14 18 14 58 9 7 3 16 69 4 15 7 4 49 14 6 6 6 26 4 17 3 14 36 13 7 5 2 16 5 8 10 11 41 6 8 3 10 20 14 13 11 8 21 12 485 637 EB 8 5 7 49 10 9 9 8 47 15 6 7 10 62 13 11 9 12 55 9 5 9 7 30 11 10 9 8 40 9 10 5 7 22 8 7 4 4 47 5 4 2 5 19 2 5 11 11 35 11 9 13 8 35 11 18 10 12 44 8 406 592 9 � 07990002 WB 19 7 10 30 15 51 12 12 16 41 20 60 14 5 10 36 13 42 10 15 15 41 12 52 10 13 11 32 14 48 16 15 12 36 11 54 7 6 4 30 6 23 4 4 5 20 4 17 1 4 1 13 2 8 4 5 6 38 4 19 0 3 4 41 2 9 3 4 0 48 3 10 393 599 181 208 192 206 179 179 101 120 56 133 70 123 1783 2548 :30 3:00PM :15 :30 :45 4:00PM :15 :30 :45 TOTAL 10:00AM :15 :45 11:00AM :15 :30 :45 12:00PM :15 :30 :45 1:00PM Location: 9th St. ae A Ave. Southland Car Counters Pedestrian Study Date: 11/10/99 Day: Wednesday City: National City Project #: 07980001 NORTH EAST SOUTH WEST EB I WB I NB I SB I EB I WB I NB ) SB 8:00AM 0 3 1 1 3 1 3 0 :15 0 1 2 0 0 0 1 1 1 :30. 0 t 1 0 (, 0 1 0' 0 1 0 `'t 1 42., :45 1 1 3 0 3 0 0 0 9:00AM 4 0 3 2 2 0 4 0 :15 1 0 :30 0 5 1 a. 1 Q'`� 0 2, 4 7 1 7 2i :45 0 1 3 5 0 1 2 3 0 0 1 1 0 0 1 3 3 4 i 0 11 41 1 02 2 3` 2 0 2 4 0 1 3 0 0 0 2 0 0 0 1 1 0 0 ter,. 1 0 0 4 2 0 12- oo (' o 1 4 041 3 2# 0 ,i 0 0 1 2 0 1 0 0 0 4 0 06/ 37 0iw 1' 0� 0 0 4i 0 0 1 2 1 0 0 2 2 0 4 3 0 0 0 0 :15- 0 0 5 :30 02- o0 3I 0IJ 0D 0n 1/ 1l :45 0 0 2 2 0 0 0 0 2:00PM 1 0 3 5 0 0 0 0 2 :15 0, 0 �, Igo _ 8110 od 30 0I 1 oo2- 1 0 2 3 0 2 0 0 0 0 2 0 0 0 5 0 0 2 2 3i0 0 00w 1 2� 2 1 2 4 3 2 3 2 2 2 2 1 1rf 1 0 0 0 2}} 0 3 1 /0 4 00 .:_ ` 0 9 1 2- 0 5 0® t 6J 1 C/ 1 � 07 3 2 3 f�,� 0 f,i i 1 0 1 29 ! 28 65 78 21 27 50 37 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 AGENDA ITEM NO. 6 (-ITEM TITLE RESOLUTION ACCEPTING THE WORK AND AUTHORIZING THE FILING OF -. A NOTICE OF COMPLETION FOR THE SEWER REHABILITATION/INSTALLATION, SPECS. NO. 98-3 PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT SEE ATTACHED REPORT Engineering Environmental Review x N/A FinancialStatement The final contract cost is $205,405.50. Funds are avail le from Account No. 125;509-50D-598-2014. Account No. STAFF RECOMMENDATI6 Adopt the Resol t or ccept g the work and authorizing the filing of a Notice of Completion. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Final Balance 3. Notice of Completion Resolution No. 99-196 98-3 A-200 (9/80) RESOLUTION NO. 99-196 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE SEWER REHABILITATION/INSTALLATION PROJECT (Engineering Spec. No. 98-3) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by U-LINER WEST, Engineering Department Specification No. 98-3, for the Sewer Rehabilitation/Installation Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 14" day of December, 1999. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Z George H. Eiser, IH City Attorney George H. Waters, Mayor RESOLUTION ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE SEWER REHABILITATION/INSTALLATION, SPEC. NO. 98-3 Explanation: On July 28, 1998, by Resolution No. 98-92, the City Council awarded a contract in the amount of $208,240.00 to U-Liner West for the Sewer Rehabilitation and Installation project. The work consisted of the following Base and Additive Bid Schedules: Base Bid: Site No. 1 - Between "K" Avenue and "L" Avenue in an easement north of 15th Street(512 feet of relining). Site No. 2 - Eleanor Place - Manchester Street to Eleanor Place (300 feet of relining). Site No. 3 - McKinley Avenue - From 13th to 23rd Streets (2900 feet of relining) Site No. 4 - Mary Court - From Plaza Boulevard to Mary Court (511 feet of relining). Additive Bid: Site No. 5 - Fig Court - (144 feet of 8-inch pipe installation). On August 26, 1999 the work was completed. The work was inspected and found to be in accordance with the approved plans and specifications. The final project cost totals $205,405.50 which is $2,834.50 less than the original contract price. Attached is the contract final pay estimate for the project. It lists the quantities actually constructed and indicates the decreases from the original estimated quantities. It is recommended that the project be accepted and a Notice of Completion be filed with County of San Diego. Contract Final Balance SPECIFICATION NO. : 98.3 PROJECT: Sewer Rehabllitationnnstallation TO: (CONTRACTOR) U-Liner West Iv with the following changes from the contract plans and the specifications. Page 1 DATE: 9161999 Project No.: 2014 Final Inspection Date: 8/ 26/99 Completion Date: 1 2/ 14 /99 ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE i ORIGINAL CONTRACT INCREASE (+) DECREASE (-) TOTAL TO DATE QUA'TY AM'T $ QUA'TY AM'T $ QUA'T AM'T $ Base Bid: Site#1 - Between "K" Avenue and "L" Avenue in an easement north of 15th Street T 1 1 LS $ 600.00 Traffic Control 600.00 100% 600.00 2 Cleaning & Video Taping of Sewer Main LF $ 3.00 530 1 $ 1,590.00 -42 -$126.00 488 $ 1,464.00 3 Shoring and Sheeting LS $ 700.00 $ 700.00 -1 -42 -$700.00 4 Rehab of 6" sewer main lined -in -place method LF $ 31.00 530 $ 16,430.00 -$1,302.00 488 $ 15,128.00 5 Sewer Lateral Connection EA $ 250.00 8 $ 2,000.00 -1 -$250.00 7 $ 1,750.00 6 Point Repair EA 3,200.00 3 $ 9,600.00 -3 -$9,600.00 7 Deleted 8 Deleted 9 Deleted CY 10 Remove and Replace Unsuitable Materials 50.00 5 $ 250.00 -5 -$250.00 11 Deleted 12 Deleted . SUBTOTAL $ 31,170.00 -$12,228.00 18,942.00 ____ ___ .. _1 _ _ ]__ t 1_ i Contract Final Balance SPECIFICATION NO. : 98.3 PROJECT: Sewer Rehabilitation/Installation TO: (CONTRACTOR) U-Liner West Page 2 DATE: 9161999 Project No.: 2014 Final Inspection Date: 8/ 2 6/ 9 9 Completion Date: :12 / 14 / 99 to comply with the tonowing cnanyes rrvin viC Wnuav" r.a^- ...._ ..._ _,-_-..._--. TO DATE You are hereby ITEM NO. requested ITEM DESCRIPTION UNIT UNIT PRICE ORIGINAL INCREASE CONTRACT +) DECREASE (-) TOTAL $ QUA'TY AM'T $ QUA'TY AM'T $ QUA'T AM'T $ Base Bid: Site #2 - Eleanor Place 1 300 1 C- ---_---- I 1 $ 750.00 $ 900.00 100% $ 750.00 LS $ 750.00 -- Traffic Control -3 -$9.00 297 $ 891.00 2 Cleaning & Video Taping of Sewer Main LF LS $ 3.00 -1 -$600.00 9,949.50 $ 600.00 $ 600.00 3 4 Shoring and Sheeting Rehab of 6" sewer main lined -in -place method LF $ 33.50 300 4 $ 10,050.00 _1,050.00 _ 297 $ 1 $250.001 $ 1,250.00 5 Sewer Lateral Connection EA $ 250.00 $ 3,200.00 -1 -$3,200.00 EA $ 3,200.00 1 — 6 7 Point Repair Deleted CY $ 50.00 8 Deleted Unsuitable Materials 2 100.00 $1 -2 -$100.00 3,600.00 9 10 11 Remove and Replace Manhole Rehabilitation Remove and Replace Sewer Lateral Clean Out EA EA EA 3,600.00 1 $ 3,600.00 $ $ 4,600.00 1 $ 4,600.00 1 $4,600.00 ,600.00 $ - $ 750.00 1 $ 750.00 -1 4 12 Intall Sewer Lateral L- $ --- 16,440.60 $ 25,550.00 -$9,108.50 — r SUBTOTAL -------- SPECIFICATION NO, : 98-3 PROJECT: Sewer Rehabilitation/Installation TO: (CONTRACTOR) U-Liner West Contract Final Balance Page 3 DATE: 9181999 Project No.: 2014 Final Inspection Date: 8/26/99 Completion Date: 1 2 / 14/99 You are liereoy requester to cumply ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE i ORIGINAL CONTRACT INCREASE (+) DECREASE (-) TOTAL TO DATE QUA'TY AM'T $ QUA'TY AM'T $ QUA'T AM'T $ Base Bid: Site #3 - McKinley Avenue 650.00 1 Traffic Control LS 1 $ 650.00 0.5 $325.00 150% $ 975.00 2897 $ 8,691.00 2 Cleaning & Video Taping of Sewer Main LF $ 3.00 1790 $ 5,370.00 1107 $3,321.00 1 $ 700.00 -1 -$700.00 3 Shoring and Sheeting LS $ 700.00 2897 $ 97,049.50 4 Rehab of 8" sewer main lined -in -place method LF $ 33.50 1790 $ 59,965.00 1107 $37,084.50 5 Sewer Lateral Connection EA $ 250.00 23 $ 5,750.00 13 $3,250.00 36 9,000.00 6 Point Repair EA 3,200.00 6 19,200.00 -6 419,200.00 7 Deleted 8 Install New Sewer Manhole EA 6,400.00 3 $ 19,200.00 3 $ 19,200.00 9 10 Remove and Replace Unsuitable Materials CY 50.00 5 $ 250.00 -5 -$250.00 t Deleted 11 Deleted 12 Deleted 2,870.00 4 SUBTOTAL $ , 111,085.00 $23,830.60 $ 134,915.50 - -- -- - ---1-I 1 r _ L __L Contract Final Balance SPECIFICATION NO. : 98-3 PROJECT: Sewer Rehabilitationllnstallation TO: (CONTRACTOR) U-Liner West DATE: 9161999 Project No.: 2014 Final Inspection Date: 8 / 26 /99 Completion Date: 12 / 14 / 99 Page 4 You hereby requested to comply with the following cnanges from ins contracl. piano all... um arc -••ft. are ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE R ORIGINAL CONTRACT INCREASE (+) DECREASE (-) TOTAL TO DATE QUA'TY AM'T $ QUA'TY AM'T $ QUA'T AM'T $ Base Bid: Site #4 - Mary Court Traffic Control LS $ 350.00 1 $ 350.00 100% $ 350.00 1 2 Cleaning & Video Taping of Sewer Main LF $ 3.00 390 $ 1,170.00 -3 -$9.00 387 $ 1,161.00 $ 700.00 -1 -$700.00 0% Shoring and Sheeting LS $ 700.00 1 3 6" sewer main lined -in -place method LF $ 33.50 390 $ 13,065.00 -3 -$100.50 387 $ 12,964.50 4 5 Rehab of Sewer Lateral Connection EA $ 250.00 3 $ 750.00 3 750.00 -$3,200.00 6 Point Repair EA $ 3,200.00 1 $ 3,200.00 -1 7 Deleted 8 Deleted 2 $ 100.00 -2 -$100.00 9 Remove and Replace Unsuitable Materials CY $ 50.00• 10 Deleted 11 12 Deleted Deleted SUBTOTAL $ 19,335.00 -$4,109.50 $ 16,225.50 L SPECIFICATION NO. : 98-3 PROJECT: Sewer Rehabilitation/Installation TO: (CONTRACTOR) U-Liner West Ilowina changes from the contract plans and the specifications. Page 5 DATE: 9/6/999 Project No.: 2014 Final Inspection Date: 8 / 26 /99 Completion Date: 12 /14 / 99 ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE i ORIGINAL CONTRACT INCREASE (+) DECREASE (-) TOTAL TO DATE QUA'TY AM'T $ QUA'TY AM'T $ QUA'T AM'T $ Additive Bid: Site #5 -Fig Court 1 1 2 3 Traffic Control LS 800.00 $ 800.00 100% 800.00 Deleted LS 650.00 1 Shoring and Sheeting $ 650.00 100% $ 650.00 4 Deleted 5 Deleted 6 Deleted 7 Install 8-inch Sewer Main LF 88.00 150 $ 13,200.00 -11 -$968.00 139 $ 12,232.00 8 Install new sewer Manhole per S-2 EA 6,200.00 1 $ 6,200.00 1 6,200.00 9 Remove and Replace Unsuitable Materials CY 50.00 5 $ 250.00 -5 -$250.00 1 0 Deleted 11 Deleted 1 12 Deleted L , • SUBTOTAL $ , ' 21,100.00 . -$1,218.00 -$2,834.5131 --$ $ 19,882.00 $ 208,240.00 205,405.50 TOTAL Contract Final Balance Page 6 SPECIFICATION NO. : 98-3 PROJECT: Sewer Rehabilitationlinstallation DATE: 9/6/1999 Project No.: 2014 Final Inspection Date: 8/2611999 Completion Date: 12/14/1999 TO: (CONTRACTOR) U-Liner West The increased/decreased quantities in excess of 25% of the total cost are referenced in this document in the above bid items. The costs are all based upon the original contract unit price. The total original contract amount is $208,240.00 The sum of $2,834.50 is hereby deducted from the total contract price, and the total adjusted contract price to date thereby is $205,405.50. The total time provided for completion in the contract is unchanged. This document shall become an amendment to the contract and all provisions of contract will apply thereto. The Contractor accepts this Final Balance as full compensation for additional work and any delay to the project caused by all of the Change Orders. Date: / by: 2�// 9 Preparedl�� Accepted Date: by' �� Contractor's signature / 1 77/GTitle: $ / /i✓ �Z%//J r Nam Approved by: City Engineer Resolution No. Date: Date: RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on December 7, 1999, of the Sewer Rehabilitation and Installation Improvements at Various Location Work of improvement or portion of work of improvement under construction or alteration. on the premises located at "K" and "L" Avenues, Eleanor Place McKinley Avenue, Mary Court, and Fig Court Street Address City State Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with U-LINER WEST Name of Original Contractor The following work and material were supplied: Pipe Layer and Liner, Scraper, Loader, Trucks, Asphalt and Base Materials. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: Dated: Joint tentants, tenants in common, or other owners ,19 Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 19 , at , California. Signature: GEORGE H. WATERS, MAYOR City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 AGENDA ITEM NO. 7 ITEM TITLE Agreement for the Provision of Telecommunication Services and Products with Pacific Bell through the State of California PREPARED BY T. McAvoy EXPLANATION The City is eligible through the State of California to participate in an agreement for telecommunication services. This contract was awarded through a competitive bid process and will save the City approximately $14,000 annually. Public Works J Environmental Review X N/A Financial Statement Funds reside in the current budget. Account No, 626-422-223-2 8 STAFF RECOMMENDATION Adopt the Resolution awarding the contract to Pacific Bell. N/A BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below 1. Usage Analysis and Cost Comparison 2. Agreement Resolution No. 99-197 3. Information Sheets 4. Resolution A-200 (9/80) RESOLUTIONNO. 99- 197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AUTHORIZATION TO ORDER UNDER STATE AGREEMENT WITH PACIFIC BELT AND MCI TELECOMMUNICATIONS CORPORATION FOR THE PROVISION OF TELECOMMUNICATION SERVICES AND PRODUCTS WHEREAS, Pacific Bell, MCI Telecommunications Corporation and the State of California have entered into an Agreement for the Provision of Telecommunications Services and Products, dated December 4, 1998; and WHEREAS, pursuant to the Agreement, municipalities of the state are allowed to order services and products out of the Agreement upon execution of an Authorization to Order; and WHEREAS, by entering into an Authorization to Order under the State Agreement, it is estimated that the City will save approximately $14,000 annually in costs for telecommunications services and products. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Authorization to Order under State Agreement with Pacific Bell and MCI Telecommunications Corporation for the Provision of Telecommunications Services and Products. Said Authorization to Order is on file in the office of the City Clerk. PASSED and ADOPTED this 14th day ofDecember, 1999. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Gam.. George H. Eiser, III City Attorney George H Waters, Mayor `.4 Public Sector 7650 Convoy Court, Room 160 San Diego, California 92111 September 2, 1999 Terry McAvoy City of National City 2100 Hoover Ave. National City, CA 91950 Terry, Attachment #1 PACIFIC BELL A Pacific Telesis Company Your local usage charges in 1998 were $14,663 compared to $8,817 under CalNet with savings of $5846. Your Zone 3 charges in 1998 was $4,056 compared to $2218 under CalNet with savings of $1838. Your toll charges in 1998 were $3009 compared to $1333 under CalNet with savings of $1676. Your total usage savings under CalNet would be $9,360. Your charges for data circuits in 1998 were $23,140 vs. $21,628 under CalNet for savings of $1512. You currently have 51 Centrex lines with an average cost of $8966 vs. $7870 under CalNet for savings of $1096. You currently have 13 Centrex ISDN lines with an average cost of $3494 vs. $2370 under CalNet for savings of $1124. You currently have 24 DID trunks with an average cost of $5,443 vs. $7479 with an increase of $2036. You currently have 400 station numbers with an average cost of $2160 vs. $1440 with savings of $720. You currently have 231 MB's with an average cost of $5459 vs. $4893 with savings of $566. You currently have 2 1 MB ISDN lines with an average cost of $692 vs. $660 with savings of $32. We would recommend that you install PRI or Supertrunk to help reduce your trunk costs. You are currently paying $12,480 annually vs. $8436 with PRI annually or $7824 with Supertrunk annually. There are many advantages to having this type of service. Please see attached. As you can see City of National City will significantly save money under the new CalNet contract on the above services it would be $14,410 annually. Please let me know what more details I can provide you, but the new CalNet contract is the absolutely lowest prices you can receive from Pacific Bell. Sincerely, Darcy Martin Senior Account Manager SuoerTrunk 24 56K channels 23 B 64K channels + 1D channel for signaling Available C.O. to Premise Available C.O. to Premise and C.O. to POP In band signaling Out of band signaling No Caller ID Caller ID In, out, two-way and switched 56K In, out, two-way and 64K clear trunks Calling restrictions available Calling restrictions not available, Caller ID Call Transfer available Call Transfer not available Voice and data (Primarily Voice) Voice, data and video applications Typical call set up (3 to 5 seconds) Faster call set up (300 milliseconds) Alternate Routing available to another trunk side connection in same C.O. Alternate Routing available to another trunk side connection in same C.O. ANII or B8ZS w/SF or ESF B8ZS w/ESF only Pricing under CALNET is as follows: PRI Description of Service T-1 Service PRI Service Quantity 2 2 Monthly Charge $344.00 $340.00 Installation $3,180,00 $2,574.00' Two -Way Trunk 2 $19.00 $141.50 TOTAL $703.00 $5,895.50 SuperTrunk Description of Service Quantity Monthly Charge T-1 Service 2 $344.00 SuperTrunk Service 2 $291.00 Two -Way Trunk 2 $17.00 TOTAL $652.00 (Taxes and Surcharges Not Included) Installation $3,180.00 $1,300.00 2$ 50.00 $4,730.00 IN lNii Attachment #2 EXHIBIT B-3 - AUTHORIZATION TO ORDER EXHIBIT B-3 AUTHORIZATION TO ORDER UNDER STATE AGREEMENT (TERM COMMITMENT) (Please print or type clearly) Pacific Bell ("Pacific"), MCI Telecommunications Corporation ("MCI") (collectively, "Contractor") and the State of California ("State") have entered into an Agreement for the Provision of Telecommunications Service(s) and Products, dated December 4, 1998 ("Agreement"). Pursuant to the Agreement, which is incorporated herein by reference, Municipalities of the State are allowed to order services and products out of the Agreement ("Service(s)") upon execution of this Authorization to Order. A description of the Service(s), applicable rates and charges and the specific terms and conditions under which the Service(s) will be provided to Municipalities of the State (e.g., cities, counties, school districts and other such entities of the State) are fully set forth in the Agreement. 1. CITY OF NATIONAL CITY ("Municipality") desires to order the Service(s) identified in Attachment 1 to this Authorization to Order, which is incorporated herein by reference, and Contractor agrees to provide such Service(s) pursuant to this Authorization to Order and the terms and conditions and rate tables contained in the Agreement. Municipality agrees, with respect to the particular services identified in Attachment 1, to utilize the Agreement as Municipality's single source for procuring the particular Services types (i.e., Centrex, voicemailflVR, DSL, Frame Relay) during the term of the Authorization to Order. 2. Contractor shall bill Municipality and Municipality shall pay Contractor pursuant to this Authorization to Order and the terms and conditions and rate tables contained in the Agreement. 3. This Authorization to Order shall become effective upon execution by Municipality, Contractor, and the Department of General Services, Telecommunications Division ("Effective Date"). Unless sooner terminated as provided herein, this Authorization to Order shall remain in effect for the term Municipality has indicated below (check one). Five years from the Effective Date. This Authorization to Order is subject to two, one year extensions. Contractor shall provide Municipality with 60 days' notice of the scheduled expiration date and the intended extension of the Authorization to Order. Each one year extension will occur automatically unless Municipality provides Contractor with written notice of Municipality's intent not to renew this Authorization to Order at least 30 days' prior to the scheduled expiration date of this Authorization to Order. X This Authorization to Order shall continue in effect from the Effective Date through the remainder of the term of the Agreement. In the event Contractor and the State extend the term of the Agreement, Contractor shall provide Municipality with 60 days' notice of the intended extension of the Agreement. The term of this Authorization to Order will be automatically extended to match the new term of the Agreement unless Municipality provides 30 days' notice to Contractor prior to the automatic extension of its intent not to renew this Authorization to Order. 1 Revised: Amendment No. 2 — 7/20/99 71. WIrvici CALIFORNIA'S HOME TEAM 4. A. If Municipality, prior to the expiration of the term set forth in preceding paragraph, terminates this Authorization to Order or disconnects all of a particular Service (i.e., Centrex, voice mail, ISDN/PRI, DSL, etc.) provided pursuant to this Authorization to Order, Municipality shall pay a termination charge based on 65% of the Municipality's highest bill for the disconnected Service(s) provided hereunder multiplied by the number of months remaining in the term of this Authorization to Order, plus any unrecovered nonrecurring charges owed to Contractor on the date of termination. Notwithstanding the preceding sentence, if the State terminates the Agreement, in whole or in part, prior to the expiration of its term, Municipality may, with respect to the Services terminated by the State, (i) continue to subscribe to the Service(s) under the terms of the Agreement for the remainder of the term of this Authorization to Order, or (ii) terminate this Authorization to Order without being subject to the termination charge set forth above. B. Notwithstanding the first sentence in Section 4.A. above, if, after the first fiscal year in which a particular Service acquired hereunder is installed, funds are not appropriated to continue paying for that particular Service in a subsequent fiscal year or universal service discounts are not received to enable Municipality to pay for that particular Service in a subsequent year, then Municipality may terminate this Authorization to Order as it relates to that particular Service as of the last day for which funds were appropriated or universal service discounts were received ("Date of Termination"), without being subject to the termination charge set forth above; provided, however, that Municipality shall be obligated to pay all charges incurred through the Date of Termination, plus any unrecovered nonrecurring charges which may be owed Contractor on the Date of Termination. Municipality shall use its best efforts to obtain funding or universal service discounts for the particular Service(s) provided hereunder. (i) If the federal universal service discount program is discontinued, Municipality may terminate this Authorization to Order as set forth in Section 4.B. above. (ii) If Municipality exercises its right to terminate this Authorization to Order for non -appropriation or ineligibility to receive universal service discounts under the then current program, Municipality agrees not to obtain substantially similar equipment and/or services to replace those provided hereunder for one year following the Date of Termination. Municipality may exercise such right to terminate upon delivery to Contractor of a 30 day written notice setting forth the reason for termination and within 30 days following the delivery of such written notice, Municipality shall provide Contractor a legal opinion of counsel that no funds have been appropriated or otherwise made available for payments due under this Authorization to Order or that Municipality is ineligible to receive universal service discounts under the Agreement and funds have not been made available for the acquisition of substantially similarly equipment and/or services to replace those provided hereunder. 5. Municipality, upon execution of this form, certifies that Municipality understands that Contractor and the State may, from time to time and without Municipality's consent, amend the terms and conditions of the Agreement thereby affecting the terms of the Service(s) Municipality receives from Contractor. Revised: Amendment No. 2 — 7/20/99 j mP _ElBELL MCI CALIFORNIA'S HOME TEAM 2 tl jar_ L S - . 6. Municipality, upon execution of this form, certifies that Municipality has received and has reviewed the terms and conditions, including the rates and charges, of the Agreement. 7. Whenever any notice or demand is to be given under this Agreement to Contractor or Municipality, the notice shall be in writing and addressed to the following: Municipality: City of National City 1243 National City Blvd. National City, CA 91950 Attn: 0 Contractor: Pacific Bell/MCI 610 Sequoia Pacific Blvd. Sacramento, CA 95814 Attn: Contract Program Manager Notices delivered by overnight courier service (U.S. Express Mail, Federal Express, Purolator or Airborne) shall be deemed delivered on the day following mailing. Notices mailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this Authorization to Order to be executed on the date shown below by their respective duly authorized representatives. CONTRACTOR CITY OF NATIONAL CITY (Municipality) By: By: Print Name: Alayne Finkle Title: Director - Custom Contract Date Signed: Approved By: Department of General Services, Telecommunications Division By: Print Name: Title: Date Signed: Print Name: Title: Date Signed:' Revised: Amendment No. 2 — 7/20/99 gym= Cat CALIFORNIA'S HOME TEAM NIMr ilnik AII1k MI,"•M VMV ATTACHMENT I CITY OF NATIONAL CITY Services Selected Voice Network Products and Services Customer Initials X Local Usage Group Video Advanced Intelligent Network (CVN) Services Selected Line Side Products and Services Customer Initials X Bus Access Lines X ISDN X Centrex ACD (Centrex) Acct. Codes X PBX Trunks SuperTrunk CompuCall Services Selected Data Products and Services Customer Initials X Analog Circuits X Adv. Digital Network X HICAP/T1 DS3 SONET Dedicated Ring (ICB) SONET Circuit Svc. PRI ISDN X Frame Relay Managed Frame Relay ATM DSL Services Selected Additional Required Products and Services Customer Initials X Bldg. Wiring (jacks) X Billing Products. Services Selected Other Products and Services Customer Initials X PBI Services PBIS IVR/Call Router PBIS Voice Mail Revised: Amendment No. 2 - 7/20/99 CALIFORNIA'S HOME TEAM 4 home Page 1 of 1 AL..NET INTEGRATED SERVICES About CALNET... CALNET Integrated Services Attachment #3 CALNET is an advanced public/private network presented by the State of California Department of General Services, Telecommunications Division. The seven year CALNET contract with three one year extensions was signed December 4, 1998. CALNET was competitively bid over an intense 18 month period and offers public sector entities a full suite of telecommunications services at very competitive prices. Pacific Bell and MCI WorldCom are the selected contract providers. Specific voice, data, video, and Internet services are provided by either Pacific Bell or MCI WorldCom. Benefits include: • Expanded services. • Competitive pricing. • One bill. • A single point of contact for all orders, service, or billing issues. • End -to -end service planning. • Service level agreements. • Competitively bid. No additional RFP processes are necessary. In addition, there will be annual reviews of pricing and service functionality to ensure rates and services remain cost-effective and technologically competitive. Eligibility: State agencies and any tax supported entities in California who accept the Terms and Conditions of the contract are eligible to procure services through this contract. The California Contracts Code Section 12102 (b) provides authorization for state agencies as well as local government and public education to procure services from this contract. http://www.calnetinfo.com/Caketinfo/Ca1netinfo_htm/home.htm 12/1/99 FAQ's Page 1 of 5 ALNET NTEGRATED SERVICES FAQ's - Frequently Asked Questions Categories • General • Products and Services • GTE / ILEC Territories • Billing • Ordering • Communications • Service Level Agreements • Calling Cards • Training • Pricing • Technical Design General What does the new CALNET contract encompass? The CALNET contract (CNT-001), signed December 4, 1998 covers voice, data, video, and Internet communication services, as well as a selection of equipment for all applications. What is the length of the contract? The contract is for 7 years with 3 one-year renewal options. Was this a competitive procurement? Yes. This was a competitively bid contract under California Public Contracts Code Section 12102 (b). Will new services and equipment be added to the contract during the 7+ years? Yes. As new services are developed and end user requirements identified, additional services and equipment will be added to those already included in the contract. Who's eligible to participate in the CALNET contract? Government Code Section 14931 makes this contract available to all public agencies. What is the role of DGS in the implementation of the contract? DGS will play an active role. They will provide key contract and implementation information via Bulletins. DGS will also deliver Awareness Workshops in conjunction with Pacific Bell and MCIWorldCom. In addition, DGS will provide contract oversight ensuring that both Pacific Bell and MCI WorldCom uphold their contractual commitments. DGS will also assess and approve which services should be added to the contract in the future. Are users under existing contracts with Pacific Bell or MCIWorldCom able to migrate to the state contract without penalties? Farh case must be viewed individually. End -users should contact Pacific Bell or MCI WorldCom (whomever the existing contract is with) to discuss options. What if I don't know whom to call? A CALNET service center has been established to handle all service inquiries or issues, regardless of whether they involve Pacific Bell or MCIWorldCom services or both...1-800-303-0103. What are Rider Bs and Cs? Rider B contains the descriptions of the services and equipment covered under the contract. Rider C contains the pricing of the services and equipment. They can be found on the web site www.calnetinfo.com. http://www.cainetinfo.com/Calnetinfo/FAQ/faq.htm 12/1/99 FAQ's Page 2 of 5 Are there any reasons, other than price, for obtaining services from the CALNET contract? Yes, service level agreements contained in Rider B for both installation intervals and product performance make the contract value-added. In addition, the ability to lock in prices for several years, receiving a single consolidated bill, and having a single point of contact are all significant benefits available under the CALNET contract. Can I still contact my local Pacific Bell or MCIWorldCom account team for CALNET? Yes. What, if any, parameters of the CALNET contract can be crafted or changed to meet the needs of local government? (i.e. price, term, packaging, etc.) The terms and conditions of the CALNET contract were not designed to be customized for each user. Public agencies are invited to take advantage of the contract with all of its existing terms and conditions. Is there a term commitment for non-exempt State agencies and other public sector entities purchasing out of the CALNET contract? For Pacific Bell services, the term is either 5 years or until the contract terminates. For equipment and MCI services there is no term commitment. As an end user, I have some services that are currently on 96A contracts. Will prices be automatically adjusted? If not how does it happen? State Customers obtaining services under a DGS/TD 96A contract will automatically be converted to new CALNET pricing. All other customers must work through the Pacific Bell account team to determine if existing contracts can be transitioned to the CALNET contract. Will the CALNET PIC (1010762) go away? Yes. During the 2nd quarter '99, the CALNET PIC was taken down. For those lines that had the CALNET PIC, a new PIC selection was made to MCI WorldCom in order to continue long distance dialing capability. Atop Billing Will customers receive new bills? How many? A new billing system referred to as the State Integrated Billing System (SIBS) is being developed as an element of the contract. With SIBS customers on the CALNET contract will receive a new single, integrated bill for all CALNET services and equipment purchased through the CALNET contract. For MCI and Pacific Bell services not put under the CALNET contract, legacy bills will continue to be rendered separately. What media options are available with the new integrated bill? -CDROM • Magnetic tape • Diskette • Paper • EDI (future) What if I have a billing problem or question? If the billing question or issue is for a service under the CALNET contract, regardless of whether it is a Pacific Bell or MCIWorldCom service, there will be a single 800 number to call posted on each page of the bill. What is the CALNET contract termination liability penalty for customers wishing to terminate the remaining portion of the term commitment? For state agencies there is no termination liability. Public agencies subscribing to services through the Authorization to Order form are subject to the termination liability identified in the form — 65% of the highest bill multiplied by the number of months remaining in the term of the Authorization to Order plus any unrecovered nonrecurring charges owed to Pacific Bell on the date of termination. If, however, the customer terminates because it is no longer eligible for universal service discounts, there is no termination liability. http://www.ca1netinfo.com/Ca1netinfo/FAQ/faq. htm 12/1/99 FAQ's Page 3 of 5 Atop Service Level Agreements (SLAs) What do the SLAs encompass? There are SLAs that relate to installation intervals and product performance. SLAs vary from product to product. Do SLAs extend to local government and education accounts? Yes, the SLAs apply to all entities participating in the CALNET contract. Do SLAs apply at individual customer level? Yes, they apply to an individual customer. Where can I find information on SLAs? Rider B (www.calnetinfo.com) contains SLA information. Atop Pricing How much lower are the prices in the CALNET contract? The reduction in prices from Pacific Bell's and MCI WorldCom's tariffed rates varies from product to product.. In many cases there are dramatic reductions from tariffed rates or previous contracts. Do the rates for services include DGS administrative fees? For many of the services a modest administrative fee has been built into the pricing that is quoted. Can agencies or other entities purchase services from Pacific Bell and MCI without the administrative fee? This option is not available under the CALNET contract. How are the administrative fees established? The administrative fees are established by DGS to cover contract oversight responsibilities and with input from Pacific Bell and MCI to ensure that competitive prices are maintained. Exhibit 26 - is the 911 96A contract - will it roll under the new contract as is? No. Can E-Rate and DAS (both for educational institutions) be used in conjunction with the CALNET Contract? Yes. Atop Products and Services Which Products and Services are covered in the CALNET contract? Voice, data, videoconferencing and Internet services, as well as related equipment and training are included in the contract. See Rider B in the CALNET portion of the website www.calnetinfo.com. What are impacts to existing state 911 contracts? (e.g. Frame Relay, ALI Networks, 911 trunks, etc.) Any product included in the CALNET contract can be utilized for 911 services as appropriate. Is 800 service and/or all usage going to be billed in 1 or 6 second increments? 800 service is provided by MCIWorldCom and is billed in 6 second increments, with an 18 second minimum for domestic calls. Local (also called Zone 1 and Zone 2) is at postalized per minute rates. Zone 3 and Local Toll is a postalized per minute rate, billed as an 18 second initial increment and 1 http://www.calnetinfo.com/Calnetinfo/FAQ/faq.htm 12/1/99 FAQ's Page 4 of 5 second subsequent increments. Are "paging services" covered under the CALNET Contract? No. Over time, consideration may be given to adding them to the contract. Which PBXs are offered under the contract? PBXs are not currently offered under CALNET. Consideration may be given to adding one or more to the CALNET contract based on agency requirements. How do different products/services get added to the contract? The Account Teams will work with the State Contract Program Manager, who will work with the State to get products added as stated in the contract. Products will be added based on demonstrated demand. Is 911 and PSALI a part of the contract? No. What is disaster readiness? Disaster Readiness includes disaster readiness planning, disaster recovery services, on -net calling via private backbone network, coordination of relocation of services, referrals, voice mail for emergency broadcast and announcement and service restoration. Most of these are services that are provided for customers today. If Pacific Bell and MCIWorldCom both offer a Product or Service, how will a customer choose which vendor to buy it from? There are very few instances where that occurs. In all cases, it is the customer's choice after weighing features, functionality, cost and benefits. ♦top Ordering How do I order CALNET services or convert my existing services to the new CALNET contract? State agencies need to sign a Form 20. All other eligible entities need to sign an ATO (Authorization to Order). This is accomplished through the Pacific Bell and MC1WorldCom Account Teams, and also by calling the CALNET Major Account Center at 1-800-303-0103. Atop Calling Cards Will new Calling Cards be issued? Yes. They will have a new look and contain new dialing instructions. What should be done with the old CALNET Calling Cards? They should be destroyed upon receipt of the new cards. Can agencies / other government and education entities obtain custom cards with their own logo? Yes. There is no extra charge for 1000 minimum quantity. r, top Technical Design http://wwvv.calnetinfo.com/Calnetinfo/FAQ/faq.htm 12/1/99 FAQ's Page 5 of 5 Drill down on network design : virtual or not? The design is a combination of a public, private and virtual private network, urili7ing V-Net and SONET. Where are the aggregation points on the ATM/SONET network? The ATM/SONET backbone network will have an aggregation point in each LATA that replaces the multiplexing done previously. The aggregation points will also be switching points for Frame Relay and ATM services. Aggregation points will be in Sacramento, Oakland, Los Angeles, San Diego, Chico, Stockton, Fresno, Monterey, Bakersfield, and San Luis Obispo. Will a customer's voice and data traffic be "co -mingled" with other government/education traffic? Depending upon the service, certain data traffic will share a common network, which is designed to meet the requirement of the users. Atop GTE / ILEC Territory Does the CALNET contract cover Independent Local Exchange Territories (IT FCs) and GTE? Yes. Do the ILECs have the same spectrum of service available (i.e., all of the CALNET products)? Sub -contracting agreements are being negotiated for all ILECs except Citizens and GTE. Arrangements are being made to provide services under CALNET in all ILEC territories. The ILEC services are dependent on what the individual ILEC has available. All ILEC services are identified in the Rider b. Atop Communications How will key points regarding transitioning from the "old" CALNET contract to the "new" CALNET be communicated? The DGS Telecommunications Division Bulletins will be the primary means to communicate key CALNET implementation information that affects end -users. If someone needs to be added to the Bulletin distribution list, they should contact.... Will there be other sources of information? Yes, the website www.calnetinfo.com will contain updates, Bulletins, Riders B and C, training information, etc. Pacific Bell and MCIWorldCom account teams, as well as DGS Telecommunications Division and the CALNET Major Account Center (1-800-303-0103) are all good sources of CALNET information. What if I need to discuss something relating to CALNET , but I don't want to talk to Pacific Bell or MCIWorldCom? Contact the DGS Telecommunication Division at 916-657-9903. Atop Training What types of training are available? There are different layers of training that are available, some for a fee... some for free. Awareness and Billing Workshops will be delivered early in the implementation process. Many technology / telecommunications classes, given by Pacific Bell and other sources, are available through the CALNET Contract. They are identified in Rider B. ♦ top http://www.calnetinfo.com/Calnetinfo/FAQ/faq.htm 12/1/99 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION APPROVING COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT APPLICATIONS FOR THE CONTINUED USE OF AN AUTOMOBILE AND TRUCK IMPORT/EXPORT STORAGE YARD AND NEW PAVING TO ACCOMMODATE EXPANSION OF THE FACILITY LOCATED IN THE HARBOR DISTRICT SPECIFIC PLAN AREA AT THE NORTHWEST CORNER OF 32ND STREET AND THE PROPOSED HARRISON AVENUE EXTENSION (APPLICANT: PORT OF SAN DIEGO) (CASE FILE NOS. CDP-1999-2, CUP-1999-3) PREPAREDBY on Cain - Assistant Planner DEPARTMENT Planning EXPLANATION The Council voted to approve this item on December 7, 1999. The attached resolution is necessary to follow-through on the action. Conditions regarding landscaping types and maintenance have been modified to as discussed (see condition #9). Environmental Review Financial Statement N/A N/A STAFF RECOMMENDATION nce Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Environmental Impact Report Certified June 1, 1999 Resolution No. 99-198 A -too (9/80) RESOLUTION NO. 99-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, APPROVING A COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR THE CONTINUED USE OF AN AUTOMOBILE AND TRUCK IMPORT/EXPORT STORAGE YARD AND NEW PAVING TO ACCOMMODATE EXPANSION OF THE FACILITY LOCATED IN THE HARBOR DISTRICT SPECIFIC PLAN AREA AT THE NORTHWEST CORNER OF 32ND STREET AND THE PROPOSED HARRISON AVENUE EXTENSION APPLICANT: PORT OF SAN DIEGO CASE FILE NOS. CDP-1999-2 AND CUP-1999-3 WHEREAS, Coastal Development Permit application CDP-1999-2 and Conditional Use Permit application CUP-1999-3 were considered by the City Council of the City of National City at a public hearing held on September 28, 1999, at which time oral and documentary evidence was presented, and were reconsidered on December 7, 1999; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File Nos. CDP-1999-2 and CUP-1999-3, which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on September 28, 1999, support the following findings: FINDINGS FOR APPROVAL OF COASTAL DEVELOPMENT PERMIT 1. That granting of the Coastal Development Permit is in conformity with and implements the Certified Local Coastal Program, the Harbor District Specific Area Plan, and Coastal Act §§30210-30214, 30220-30224, and 30252, since the project site is designated for interim use as a maritime cargo storage lot, and provisions have been made for the expiration of the use to allow future development of a hotel on the site. Also, conditions of approval required by the Harbor District Plan for the proposed development will be incorporated into the permit. 2. That granting of the Coastal Development is consistent with all other plans and ordinances of the City, since the procedures for its approval, specified in the Harbor District Specific Area Plan, carry out the intent of the General Plan and Land Use Code for future tourist commercial use. Page 1 of 8 FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the property already maintains the permitted use and will be expanding to meet increased demand. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the property has access to Tidelands Avenue via 32nd Street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the property will be screened from the future Harrison Avenue Public Access Corridor and is subject to conditions to prevent runoff from reaching other properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it supports the import and export of automobiles, a vital component of the local economy and a marine -related, Port activity. BE IT FURTHER RESOLVED that the City Council has considered the Harbor District Specific Plan Supplemental Environmental Impact Report, and finds on the basis of said report that the project will not have a significant effect on the environment, and that the Supplemental Environmental Impact Report adequately addresses the environmental effects of the project, since there are no changes in the project or required mitigation measures as addressed in the Supplemental Environmental Impact Report. BE IT FURTHER RESOLVED that Coastal Development Permit application no. CDP- 1999-2 and Conditional Use Permit application no. CUP-1999-3 are approved subject to the following conditions: 1. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A Revised, Case File No. CUP 1999-3/CDP-1999-2, dated June 29, 1999. 2. Detailed plans shall be submitted showing the setback area between the Harrison Avenue curb and the required fence for the storage area as required by the Harbor District Specific Area Plan. Plans shall be in conformance with Exhibit A Revised, dated June 29, 1999 and shall include the details described in condition 9. 3. Plans shall show compliance with National City Harbor District Specific Area Plan drainage requirements (Section 3.3.3.11) as follows: a. Storm drain runoff into Paradise Marsh shall be prohibited. b. All storm water drainage shall be to storm drains. c. The new paving portion of the project shall implement treatment or structural control Best Management Practices (BMPs), including, but not limited to, biofilters, detention basins, infiltration systems, and regular sweeping of impermeable surfaces to remove pollutants from streets, parking lots, and landscaped areas, including prior to the start of the rainy season to minimize the flow of storm runoff pollutants into the storm drain system. Page 2 of 8 d. Storm water entering or originating within the Planning Area shall be periodically monitored, in cooperation with the San Diego Regional Water Quality Control Board, SDUPD, Caltrans, other public agencies, and public utilities, and reported to the public and property owners. e. Additional remediation measures and requirements may be imposed if the standards set forth in this section are deemed inadequate, based on the monitoring results, to ensure protection of the biological resources of Paradise Marsh from the adverse effects of drainage originating in the Planning Area. 4. All grading within the Planning Area shall be carried out in a manner that will prevent adverse impacts to Paradise Marsh and other delineated wetlands, as well to the upland margin habitat buffer. All grading and construction shall be consistent with National City Harbor District Specific Area Plan requirements (Section 3.3.3.12) as follows: a. Project grading plans shall be reviewed and approved in writing by a qualified biologist, prior to issuance of a grading permit, to avoid impacts on wetlands and the planned upland margin wetland habit buffer set forth in Section 3.4. b. Prior to issuance of a grading permit, "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be clearly marked on grading plans around the perimeters of Paradise Marsh, the Harbor District's delineated wetlands, and the planned upland margin wetland habit buffer set forth in Section 3.4 of the Harbor District Specific Area Plan. c. Project grading specifications, to be submitted for approval along with grading plans, shall also delineate all construction access routes, including those located outside of existing City streets and/or the construction site. d. Project grading plans shall also designate the precise location(s) for on -site storage or stockpiling of excavated topsoil during construction, subject to the review and approval of the biologist, in consultation with the U. S. Fish and Wildlife Service and the California Department of Fish and Game. e. The biologist, in consultation with the U. S. Fish and Wildlife Service and California Department of Fish and Game, may also require fencing or other means to protect the habitat or buffer area from direct or indirect impacts. f. Construction vehicle and other equipment fueling, lubrication, and maintenance shall occur, to the maximum extent feasible, outside of the Harbor District boundaries. g. When fueling, lubrication, and maintenance are necessary within the Harbor District boundaries, it shall occur on paved surfaces, and shall be prohibited within 300 feet of Paradise Marsh or other wetlands. h. Staging areas and construction zone footprints for new development are specifically prohibited in any wetland or, following its completion, the planned upland margin habitat buffer restoration area set forth in Section 3.4 of the Harbor District Specific Area Plan. i. Staging areas and construction zone footprints shall be delineated on project grading plans and shall be reviewed and approved, in writing, by a qualified biologist. j. If staging areas are located outside the construction footprint, they shall be surveyed for biological values and approved by a qualified biologist for absence of significant biological resources. k. Grading or construction activities shall be scheduled and conducted in consultation with staff of the US Fish and Wildlife Service and the California Department of Fish and Game to avoid adverse impacts on sensitive species and habitats. Page 3 of 8 1. Erosion and siltation of areas adjacent to, or downstream of, the project site due to grading or construction activities shall be avoided or minimized, including through rigorous adherence to an erosion control plan that is based on a 6-hour, 100-year recurrence rainfall event. m. The erosion control plan shall be included in project grading plans, and reviewed and approved in writing by a qualified biologist; and its implementation shall be overseen by the contract supervisor. n. The erosion control plan shall include, as appropriate, the utilization of silt fences, siltation basins, sand bags, hay bales, or other devices to direct runoff and stabilize graded or devegetated areas during project construction and revegetation. 5. Plans shall show compliance with the additional construction requirements for the National City Harbor District Specific Area Plan (Section 3.3.3.13) as follows: a. The applicant shall be required to inform all construction contractors in writing as part of the bidding process about the biological constraints of project sites within the Planning Area. b. "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones around the perimeters of Paradise Marsh, adjacent delineated wetlands, and (after completion of the Harrison Avenue Public Access Corridor and the upland margin habit buffer) wetland habitat buffers, shall be clearly marked on construction drawings provided to the contractor(s). c. All such "NO ENTRY NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be flagged and staked in consultation with the project biologist prior to commencement of any grading or construction. d. The "NO ENTRY NO GRADING, NO CONSTRUCTION, NO STAGING" zone markers shall be maintained throughout the construction period. e. Construction -related vehicles shall be limited to existing roads, or clearly marked new access routes approved as part of and consistent with, coastal development and grading permit requirements. £ Prior to commencement of construction, construction access routes shall be marked by flags, stakes, or similar devices, and those markings shall be maintained throughout construction. g. All vehicles shall be required to stay within such designated routes, even if backing out is required for egress from the site. h. Contractor equipment shall be checked for leaks prior to utilization in the Planning Area, at the beginning of each construction day, and be certified by the contractor in writing to be leak -free. i. A mandatory contractor education program shall be conducted by a qualified biologist with practical experience in construction to fully inform contractors and all construction personnel, without exception, of the biological resources associated with projects in the Harbor District, including about: (a) The nature of, and purpose(s) for, the resource protection; (b) Field identification by contractors of sensitive resource areas, including buffers, as shown on project maps or marked on the ground by flags, fencing, or by other means; (c) Biologically sensitive construction techniques, and prohibited activities within delineated wetlands or wetland habitat buffers, including staging areas, Page 4 of 8 equipment access, and disposal or temporary placement of new or excavated materials, earth, or any other substance; (d) The City's methodology for promptly addressing questions or resolving conflicts that may arise during construction; and, (e) Consequences of non-compliance, including penalties and enforcement. j. Permit applicants are responsible for any adverse impacts to wetland, wetland habitat buffer, other biological resources, or other coastal resources, which may occur as a result o or related to, construction activities, and in addition to other remediation or penalties that may be imposed, shall be required to replace or restore any impacted resources at a ratio of at least 1:1. 6. In the event that archaeological or paleontological resources are encountered during any construction or development phase of a project, all activity which could damage or destroy these resources shall be suspended until: a. representatives of the Kumeyaay or designated other appropriate local Native American group have been notified and consulted, with respect to archaeological resources; b. the site has been examined by a qualified archaeologist and/or paleontologist, as appropriate; and, c. mitigation measures have been developed to address the impacts of the construction activities. 7. Adequate outdoor waste and litter receptacles shall be located within the project area to serve the property. The receptacles shall be covered, centred to prevent overturning, and designed to prevent intrusion by animals. The receptacles shall be frequently emptied and shall be marked with multi-lingual educational signs, including English and Spanish at minimum. 8. Lighting must be directed away from Paradise Marsh and the adjacent habitat buffer. 9. Screened fencing shall be provided along the eastern boundary of the project area. A fencing plan and a landscape plan to provide for 80% areal coverage for the fence within two years (per Harbor District Specific Plan section 5.2.3(b)) shall be submitted. Both the fencing and landscape plans shall require the approval of the Planning Director prior to installation, and shall include a fence of chain -link or construction from six to ten feet in height. The vine type shall match vines planted adjacent to the site as part of the installation of Harrison Avenue. The Port shall maintain all landscaping on the property. 10. Stored materials shall be located only on the paved area identified on the plans. The maximum height of stored items shall not exceed the height of the screened fence. 11. Truck traffic shall not utilize Harrison Avenue or 32°d Street east of the Mean High Tide Line. No ingress or egress shall be permitted in these areas, and signage shall be posted on the property to direct truck traffic. Project plans shall indicate where truck access and loading associated with the facility will occur. 12. Use of the Harrison Avenue Public Access Corridor or 32°d Street east of the Mean High Tide Line for employee parking, truck traffic, truck or trailer parking, or loading and unloading of equipment is prohibited. Page 5 of 8 13. Drainage of storm water runoff into Paradise Marsh or any other delineated wetland within the Harbor District Planning Area is prohibited. Runoff shall be directed away from Paradise Marsh. Three -chambered oil -grease -sediment traps must, or other appropriate filter mechanisms, shall be installed within the new storm drain system extension, including intakes in streets, parking lots, and other paved areas. To ensure effective functioning, traps shall be cleaned prior to November 1 each year, and inspected and cleaned either monthly through April 30, or within one week of every rainfall totaling '/2-inch or more in a 24-hour period, whichever is more frequent. Records of inspections shall be provided to the City upon request. 14. There shall be a minimum of two fire hydrants located within the project area with a travel distance not to exceed three hundred feet. 15. Minimum fire flow shall be one thousand five hundred (1,500) gallons per minute with a twenty (20) pounds per square inch residual. Fire flow verification to be obtained from Sweetwater Authority. 16. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material runoff to the public storm drain from the proposed parking lot shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains shall be undertaken in accordance with the NPDES regulations. Checklist for preparation of the grading and drainage plan is available at the Engineering Department. Grading plans shall also conform to the detailed requirements of the Harbor District Specific Area Plan, described above in conditions 3, 4, 5, and 6. 17. A construction storm water permit shall be obtained from the Regional Water Quality Control Board (9771 Clairemont Mesa Boulevard, Suite B). A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 18. A soils engineering report shall be submitted for the Engineering Department's review. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with Standard Drawing G 24 modified. 19. Street easements shall be provided as required by the Community Development Commission for 32nd Street and Harrison Avenue. 20. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers or other approved methods. 21. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land Page 6 of 8 surveyor or civil engineer after completion of the work A corner record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 22. The existing curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 23. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 24. In the event that plans for the project conflict with plans for the Harrison Avenue extension, plans for the project shall be modified as deemed appropriate by CDC in order to provide consistency with the Harbor District Specific Area Plan. 25. Before this Conditional Use Permit and Coastal Development Permit chall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 26. Use of the property as authorized by this Conditional Use Permit shall be limited to a maritime cargo storage area for the storage of automobiles and trucks. 27. This Conditional Use Permit and Coastal Development Permit shall be for the period concluding on June 30, 2002, pursuant to the Memorandum of Understanding (MOU) between the CDC and the Port District dated June 26, 1997. The CUP shall be subject to the following additional restrictions: a. When a lease is executed for the construction of the marina, the Port District will make the B-2 property available for lease to a qualified developer for (1) a use associated with the marina, or (2) other compatible commercial recreation use. b. In the event that the monitoring of the cargo storage area and landscaped security fencing identifies potentially significant adverse effects from these facilities on coastal resources, including, but not limited to listed threatened and endangered species, the provisions of Chapter 3 (the Wetland Habitat Conservation Program) of the Harbor District Specific Area Plan apply. c. If a lease document for the marina as described above is not executed before July 1, 2002, then the Port District may apply for an amendment to the conditional use permit and coastal development permit for marine -related cargo storage to extend their terms, respectively, by five (5) years, subject to a finding of continued consistency with the policies of Chapter 3 of the Harbor District Specific Area Plan and the continuance of all previous conditions of approval. Said permits may be renewed for subsequent five year terms, provided Page 7 of 8 that the City makes a finding, after consultation with the United States Fish and Wildlife Service,' the California Department of Fish and Game, and the Coastal Commission that there are no materially changed circumstances either in the development or use, or in the natural and restored resources of Paradise Marsh, adjacent delineated wetlands, or public access to and along the shoreline, and to recreational areas. d. In the interim, any lease executed by the Port District for the B-2 property and any new lease or extension of existing lease for the 5.2 acres proposed for commercial recreation development shall contain a clause terminating the lessee's interest in the lease and right of possession upon the latter of 180 days or the date specified by the CDC in .a notice directed to the Port District to terminate the lease, quit the premises, and remove any stored material or cargo. 28. Paradise Creek Educational Park, Incorporated, shall be notified of the time grading is to begin and afforded the opportunity to remove native vegetation for relocation off - site. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time . within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 14th day of December, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: LasZ St George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 12/14/99 AGENDA ITEM NO. 9 % ITEM TITLE WARRANT REGISTER #23 PREPARED BY DEPARTMENT FINANCE ROBERT A. RABAGO EXPLANATION. Ratification of Warrant Register #23 per government section code 37208. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $671,020.45 L'f,.. BOARD/COMMISSION RECOMMENDATION 44- TT CHMENTS (Listed Below) Resolution No. 1. Warrant Register #23 2. Workers' Comp Warrant Register dated 12/01/99 A-200 (Rev. 9/00) City of National City, California COUNCIL AGENDA STATE MEETING DATE December 14, 1999 E T AGENDA ITEM NO. 10 ITEM TITLE PREPARED BY EXPLANATION Periodically, the salary bands and benefit program for Executive and Management employees are reviewed to maintain a compensation program that will enable the City of National City to hire and retain competent employees in these positions. Consistent with prior practice, a review has been accomplished by the City Council with the recommended revisions proposed in the compensation and benefit programs. RESOLUTION APPROVING THE MANAGERIAL COMPENSATION PLAN AND IMPLEMENTING THE PLAN FOR FISCAL YEARS 1999- 2002 FOR EXECUTIVE AND MANAGEMENT PERSONNEL Tom G. McCabe DEPARTMENT City Manager Environmental Review N/A Financial Statement The proposed Resolution would direct the City Manager to include funds for this purpose in the 1999-2002 final budgets. Account No. STAFF RECOMMENDATION Recommend adoption of the proposed Resolution. BOARD/COMMISSION RECOMMENDAT ON N/A ATTAClilvIENTS (Listed Below) Proposed Resolution and Attachments Resolution No. 99-199 A-200 (Rev. 9/30) RESOLUTION NO. 99-199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MANAGERIAL COMPENSATION PLAN AND THE MANAGEMENT COMPENSATION PLAN SUPPLEMENT, AND IMPLEMENTING THE PLAN FOR FISCAL YEARS 1999-2002 FOR EXECUTIVE AND MANAGEMENT PERSONNEL WHEREAS, the City Manager has presented the City Council with certain recommendations regarding Executive and Management Employees' salary band adjustments and employee benefits; and WHEREAS, the City Council has determined that the recommended compensation plan, together with any required modifications, should be implemented. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1: The City's compensation philosophy is to establish and maintain a compensation structure based on market place norms and internal alignment. Section 2: The Management Compensation Plan and its compensation survey component is to be updated periodically with recommended revisions proposed by the City Manager to the City Council as necessary. Section 3: In implementing changes to Managerial Compensation, the City shall adhere to the June 22, 1981 Managerial Compensation Plan and the September 30, 1999 Management Compensation Plan -Supplement (Exhibits "A" and "B", respectively). Each document is attached to this resolution and is adopted by reference. Section 4: The City's goal is to be "at market" by June 30, 2002, and to maintain this position using this Plan in future years. Section 5: The compensation and benefit plan for Executive and Management personnel is hereby approved effective at the start of the first pay period in Fiscal Year 1999- 2000, as shown in Exhibit "C". Section 6- The City Manager is hereby directed to reflect said compensation plan in the Final Budget for Fiscal Year 1999-2002. -- Signature Page to Follow -- Resolution No. 99-199 December 14, 1999 Page Two PASSED and ADOPTED this 14th day of December, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, IIAM:21C I City Attorney City of National City Office of the City Manager 1243 National City Boulevard, National City, Ca. 92050 (714) 477-1181 Tom G. McCabe —City Manager Ronald L. Ballard —Assistant City Manager June 22, 1981 TO : Honorable Mayor and City Council FROM : City Manager SUBJECT : MANAGERIAL COMPENSATION PLAN BACKGROUND The concept that a compensation plan exists for the purpose of attract- ing, motivating and retaining the most qualified employees is as true for managerial level positions as it is for those members of the general employee groups. To achieve this concept, the compensation plan must be competitive with related positions in the labor market while also maintaining internal consistency and relationships. Although the primary tenets for a compensation plan apply to both groups, it is a great deal more difficult to develop and justify appropriate pay ranges for managerial positions. For single position classes at the managerial level, there are many times no unequivocally comparable. positions in the local or, for that matter, in the overall labor market. Comparisons with other jurisdictions always run the risk of comparing unlike positions because of faulty information or misunderstandings based on the informal organization structure of an agency, undetected differences in the economic climate of an area, varied departmental functions and incumbent responsibilities, and other fiscal or political factors. Another important difference is that in many managerial positions, the particular individual in the position structures the quality of the job performance. An executive may merely fill his position and make a minimal effort by ,reacting solely to those situations absolutely requiring his decision. On the other hand, he may react with a high degree of effective decision making and initiative in setting goals, organizing, planning and generally contributing -to an improved level of service and efficiency. Actually, executives in similar type positions in comparable jurisdictions may in fact perform greatly different functions and possess varying degrees of responsibility and authority. Managerial positions in any organization are the most difficult and yet the most important jobs for which to establish equitable compensation. EXHIBIT A Honorable Mayor and City Council , 1981 page 2 OVERVIEW The new approach toward managerial compensation which was instituted last year should now be formalized to place upon management the responsibility for allocating its resources in the most effective manner. Management is held accountable for overall organizational proficiency and consequently must have discretion to allot managerial compensation in a way that will develop efficiency and effectiveness in accomplishing objectives. Attracting and retaining experienced, highly qualified professionals is critical to a stable organization. Since management is charged with this accountability, it must be in control of the resources needed to accomplish the task. CONSIDERATIONS VERTICAL RELATIONSHIPS Vertical relationships within the departmental structure and occupa- tional field must be considered. This should be accomplished based on the premise that the individual responsible for the success or failure of a department should receive a salary which is significantly higher than an assistant or subordinate who normally is responsible only for the day-to-day functions of a section or particular grouping of duties. Executive positions with the ultimate responsibility for planning, coordinating and final results should be evaluated in relation to those positions whose primary responsibilities are confined to the more narrow limits of specific operations. INTERNAL COMPARISONS To provide for an internal comparison between the City's managerial classes, positions must be evaluated in relation to specific factors common to each. Administrative Responsibility - The responsibility level of an execu- tive position is normally directly affected by the size of the department, the budget, the type of programs managed, and the variety of staff under the individual's jurisdiction. The scope and level of this factor has a direct bearing on the position as the signifi- cance of an executive's actions and the consequence of errors generally increase with greater responsibility. Policy Making - Many executive positions are directly concerned with the determination of policy within their functional areas. Others may be more concerned with the application of established policies, pro- cedures and standards. Those positions which are concerned with originating or reviewing policies usually act in a professional capacity and a great deal of reliance is placed on their experience and trained judgment. Further differentiation is possible when it is recognized that some policy applications are merely concerned with intangible things while others are concerned with decisions that directly affect or restrict the actions and rights of citizens. Honorable Mayor and City Council page 3 Interdepartmental Relationships - Although most executive positions have some relationships with other City departments, many, especially staff positions, become concerned with all or the majority of City-wide departmental operations. Still other positions have the responsibility for program inter -relationships which require coordination with other agencies and adds to the variety and complexity of their jobs. Public Relations - The frequency and character of the executive's personal contacts with the community, individuals and various interest groups are of critical importance. The contacts may extend from pro- viding necessary services to justifying and defending a program and winning support for a recommended course of action. Depending on pro- gram responsibilities, different levels of social understanding and competence is required. Professional Skills and Knowledge - Executive positions vary in their requirements for education, experience and specialized training. The scope and degree of professional training and necessary specialized knowledge must be considered in relation to performing the duties of the position and recruiting successfully in the open market should a vacancy occur. Labor Market Factors Compensation data collected through a survey process based upon similar positions in comparable public agencies should also be consid- ered. The basic purpose of reviewing compensation data from this type source is to provide current information as one aspect of determining equitable salaries and benefits. It should not be regarded as an exacting or foolproof approach in light of the difficulty in obtaining information which is unquestionably comparable. All of the above considerations are important in developing sound recommendations which will result in an executive compensation plan that provides for the following objectives: o To be competitive with current trends in compensation provided to individuals occupying comparable level managerial positions in other agencies. o To reflect thelevel of overall program or departmental responsi- bility that is characteristic'of managerial level positions. o To offer compensation which is commensurate with actual job performance. o To provide motivation for greater accomplishment in achieving program or departmental goals within available resources. o To. recognize extraordinary performance and exceptional contri- bution to departmental and overall agency programs and goals. Honorable Mayor and City Council page 4 RECOMMENDATIONS Establish a salary plan which will provide for equitable compensation of managerial positions, maintenance of a consistentrelationship among executive salaries and those of subordinate positions, and afford greater mobility for the application of compensation in con- junction with an emphasis in motivation. Following are specific recommendations: 1. That the City Manager be responsible for determining the level of compensation for managerial positions. That a separate Salary Schedule for executive positionsand mid -management positions be established. (See Attachments 1 & 2.) .That the schedule include Salary Bands with only a minimum and maximum limit. The bands to be based on an analysis of appropriate Management Compensation Surveys, but also be designed to accommodate internal factor considerations in recognizing the differences in performance among individuals and the amount of growth and. development that can occur in such positions. 2. That the City Manager be authorized to make appointments at any dollar amount within the designated Salary Band. This flexibility is desirable in order to secure the services of well qualified individuals when an executive position vacancy occurs. 3. That compensation for executive and mid -management positions be reviewed at least annually by the City Manager and adjust- ments in terms of an advancement or reduction within the Salary Band be made when appropriate. For maximum benefit, reviews and adjustments are to be accomplished as the need is recognized. Evaluations and adjustments be made based on the performance of the individual, productivity factors, management objectives andeffectiveness in carrying out pro- grams and policies. 4. That compensationof executive and mid -management positions not be based merely on an individual's total length of service nor be automatic. 5. That a minimal salary maintained to provide vertical relationship 6. That the City Manager recommend Salary Band pensation programs. TGM:jbf attachments differential of fifteen percent be executive positions an appropriate to their subordinates. annually review and, if appropriate, adjustments and revisions to the corn-! City of National City City Manager's Office Management Compensation Plan (MCP)' September 30, 1999 A. Introduction - The purpose of this document is to provide a set of guidelines, which the City will use to determine compensation for members of the Management Team. In June of 1981, the City adopted a "Managerial Compensation Plan." That Plan discussed the differences between managers and members of represented labor and developed a method for compensating managers. The concepts identified in that Plan are applicable today and, in point of fact, were used by National City until the economic downturn of 1990-1991, as the basis for managerial pay. 'Originally adopted June, 1981. Last revision, June 1990. EXHIBIT B 092399MgmtComp.doc Page 1 10/28/99 The 1999 MCP builds on the 1981, program by providing more specific guidance on how compensation is to be determined; on what the City's goals are, and; on how to attain those goals. In implementing this program, the following guidelines will be considered based upon the financial capacity of the City. The MCP is not a static Plan. Elements of the Plan will need to be tuned and we obviously have significant ground to cover to achieve our goals. This first year's implementation of the MCP may be different from a future years'. The MCP should be looked at as evolutionary. Each year, the pay and benefit structure is to be reviewed to ensure that salaries and benefits for management employees in the City of National City remain competitive with salaries paid by other local agencies. Management Team members are not represented by a labor group. As such, there is no "contract" and many of the business practices which we use to compensate labor groups are not applicable to the Management Team. Salaries in the Management Team' are established in the "band" system. The band starting and ending points are set wide apart and 2 Exceptions being the City Clerk, City Manager and City Attorney whose salaries are fixed at a single point as determined by the City Council. 092399MgmtComp.doc Page 2 10/28/99 are keyed to the labor market and to internal relationships in order to attract and retain quality employees. Movement through the band is determined solely by the City Manager (unlike represented labor where movement between steps is geared to longevity and satisfactory performance.) In the band system, advancement is based upon performance as evaluated by the City Manager. B. Definition - The. MCP covers all members of the Management and Executive teams. As full time executive positions appointed by the City Council, the City Manager and City Attorney will have their compensation and benefits established directly by the City Council. Many of the concepts contained in this Plan will be useful in that deliberative process. As elected officials, the City Clerk and the City Treasurer will have their compensation and benefits established directly by the City Council. C. Compensation Philosophy - The City's compensation philosophy is to establish and maintain a compensation structure based on market place norms (What do cities we compete with pay?) and internal alignment (How do we compensate one manager vs. another and that manager vs. his or her subordinate?). Structures and ranges will be reviewed and updated as necessary based on an evaluation of the City's ability to pay, market place survey data and internal alignment. D. Management's Role - Managers and Executives in this organization directly implement Council policy. They ensure that day-to-day 092399MgmtComp.doc Page 3 10/28/99 municipal operations are executed smoothly, efficiently, within the law and economically. They lead their respective organizational units and manage significant programs. The consequence of error attributable to these employees is significantly different from other municipal employees. When Managers and Executives leave the municipal service they often take significant and hard -to -replace corporate history with them. Pay practices, and in this case the MCP, should acknowledge these differences. E. Management Representation - Members of the Management and Executive teams are currently not represented in matters of employee compensation by any organized group. Under state public employee labor laws they are entitled to such formalrepresentation, if they so choose. It is to the City's advantage to maintain a productive, informal and trusting relationship with the Management and Executive teams. We want to enhance their involvement in contributing to municipal operations. We want to acknowledge their decision not to seek representation. We want to remember that these are the employees that, given a job action by any of the other represented groups, would continue to perform their jobs. F. Fiscally Prudent Rule - The MCP shall ensure that it will not jeopardize the financial condition of the City. G. Attract & Retain Quality Employees - The City's MCP should ensure that the City has the ability to attract and retain the quality of person 092399MgmtComp.doc Page 4 10/28/99 the City needs to implement the City's programs and the City Council's policies. H. Labor Market a. In the early stages of the implementation of this MCP, the City will define its labor market to include cities within San Diego County. Excluded from statistical calculations will be: the County of San Diego, San Diego City, and whichever city reports the lowest compensation for any given classification. This will serve to flatten the data so that our compensation is not directly tied to the super agencies (City and County) nor to the least competitive agency. b. In future years we will return to our former practice of looking at labor markets based on where we are drawing our applications. (This is one of the practices National City lost during the economic downturn of the 1990's.) In addition, we will look at cities with comparable populations and comparable municipal services in an expanded labor market? c. This City has a history of paying its Management & Executive personnel in the top group of cities within San Diego County. Time 3 The original 1981 Plan did identify "benchmark" cities, which were selected by the City Council to be comparable to National City. Compensation was then set off of those benchmarks. Although the selection of those benchmarks is today outdated, a return to this practice in the future would ensure a higher degree of comparability in the data. 092399MgmtComp.doc Page 5 10/28/99 and the recession have dropped the City's competitive position considerably. I. Competitive Position a. If fiscally prudent, it is the City's objective to compensate Management and Executive employees at rates about at the middle of the labor market as measured by the mean. This will be called "at market." b. In order to address unique and classification -specific compensation issues, it may be necessary from time to time to look beyond the normal labor market data or beyond the middle of the labor market as measured by the mean. In these cases, the City Manager will present the circumstances to the City Council for consideration. c. The City's goal is to be "at market" by June 30, 2002. d. To prevent a collapse of the Plan and a return to the slide in Management salaries that occurred in the early 1990's, the MCP and its compensation survey component need to be updated annually with recommended adjustments proposed by the City Manager to the City Council as necessary. e. Once approved by City Council, adjustments to the Management salary and benefit structure, the MCP, do not result in any salary increases for individual management employees, but simply adjust 092399MgmtComp.doc Page 6 10/28/99 the entire structure (bands and benefits) based on labor market data. J. Measurement of Competitive Position - It is the City's goal to move toward a total compensation model of evaluating competitive position for the Management and Executive Groups. When managers leave other cities to come here and visa versa, they evaluate their current benefit structure and that of the other agency. We compete for personnel and lose personnel based not only on salary but also on benefits. In the early years of implementing this MCP, we will attempt to look at the significant benefits like car allowance and cafeteria plans, which are generally well understood, documented and comparable from agency to agency. As time passes we will attempt to expand the definition to include other benefits, which other agencies pay or for which we pay. In a number of cases the lack of good reporting data on these other benefits may hamper their inclusion in our analysis. In any case, the goal remains to look at whom we compete with and what we pay in comparison. The more complete the picture, the better the analysis. Changes in how we define total compensation and in how we collect and apply survey data will be reviewed with the City Council. K. Internal Alignment - Consideration will be given to both labor market survey data and internal relationships (alignment) in establishing management salary bands. When establishing internal relationships 092399MgmtComp.doc Page 7 10/28/99 consideration will be given to the appropriate differential between superior and subordinate as well as the relationship between classes. L. Mix of Base Salary, Total Cash & Benefits - The City's practice is to provide a mix of base salary, total cash and benefits that is generally competitive with the labor market. When evaluating benefits, the City will consider both the cost and the content of the benefits. M. Pay Administration a. The City will continue to use a Performance Based Pay concept for Management and Executive personnel. b. Individual compensation adjustments within the salary band will be made consistent with the City's Performance Based Pay concept. c. Any salary compensation increases granted under this program are based on performance. N. Implementation a. Based on the market survey, to achieve the goals outlined in this Plan, for the three-year period ending June 30, 2002, the City Manager is authorized to increase the top of certain bands by no more than 30%. b. The City Manager shall be limited to band increases of no more than 10% in any of the three fiscal years. c. A position -specific document will be presented to the City Council showing market data and the City Manager's recommended changes including proposed changes to the benefit program. 092399MgmtComp.doc Page 8 10/28/99 MANAGEMENT COMPENSATION PLAN FOR FISCAL YEARS 1999-2000, 2000-2001 & 2001-2002 The City Council of National City hereby re -affirms the Management Compensation Plan adopted by the City Council of 1981 (attached) and updated in 1999 (attached). This plans provides a pay -for - performance method in determining actual salaries for Executives and Managers and a method of establishing broad salary bands based on the market average of similar or competing agencies. To this end, effective at the start of the Fiscal Years 1999-2000, 2000-2001 and 2001-2002, the salary bands and benefits for the following positions will be adjusted as designated below. However, the actual salary within the band of each employee in these positions will be determined individually by the City Manager based on pay -for -performance factors. 1. Executives and Management Employees a) Salary Bands: POSITION TITLE ADJUSTMENTS TO TOP OF BAND FY 1999-2000 FY 2000-2001 FY 2001-2002 Assistant City Manager 6% 6% 5% Police Chief 9% 9% 8% Fire Chief 7% 7% 6% City Engineer 3% 3% 3% Director of Finance 7% 6% 6% Director of Planning 8% 8% 7% Director of Public Works (Vacant) 8% 8% 8% Director of Bldg & Safety (Vacant) 5% 0% 0% Director of Parks & Recreation 6% 6% 6% City Librarian 5% 5% 5% Director of Personnel 10% 10% 10% Sr Assistant City Attorney 5% 4% 4% Police Captain 9% 9% 9% Battalion Chief 6% 5% 5% Principal Civil Engineer 7% 7% 6% Deputy PW Director 6% 5% 5% Principal Planner 5% 5% 4% Purchasing Agent 5% 5% 5% Financial Services Officer 10% 10% 10% Risk Manager 9% 9% 9% Mgmt Info Systems Manager 10% 10% 10% Plan Check Engineer 5% 0% 0% Principal Librarian 9% 9% 9% Police Support Services Manager 0% 0% 0% Senior Accountant 8% 8% 8% Equipment Maint Supervisor 10% 10% 10% Facilities Maint Supervisor 6% 5% 5% Park Superintendent 10% 10% 10% Wastewater Supervisor 6% 5% 5% Street Maint Supervisor 6% 5% 5% Management Analyst II 10% 10% 10% FYT7TRTT C' Page -2- Management Compensation Plan FY 1999-2000, 2000-2001 & 2001-2002 b) Benefits Cafeteria Benefit for all above listed positions will Increase to $500/month. All other benefits will remain unchanged. 2. City Manager a) Salary Fiscal Year 1999-2000: Increase of 8% of total salary Fiscal Year 2000-2001: Increase of 8% of total salary Fiscal Year 2001-2002: Increase of 8% of total salary b) Benefits City to pay $600/month for cafeteria plan. 3. City Attorney a) Salary Fiscal Year 1999-2000: Increase of 2.5% of total salary Fiscal Year 2000-2001: Increase of 3% of total salary Fiscal Year 2001-2002: Increase of 3% of total salary b) Benefits City to pay $250/month for car allowance, plus $550/month for cafeteria plan. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 ITEM TITLE RESOLUTION ESTABLISHING THE SALARY OF THE CITY CLERK AND THE CITY TREASURER FOR FISCAL YEARS 1999 AND 2000. PREPARED BY George H. Eiser, III DEPARTMENT EXPLANATION AGENDA ITEM NO. 11 City Attorney Section 36517 of the Government Code provides that the City Clerk and the City Treasurer shall receive, at stated times, compensation fixed by ordinance or resolution. The attached resolution would increase the base monthly salary of the City Clerk and the City Treasurer by the same percentages and on the same dates, and subject to the same conditions as the salary increases for members of the Municipal Employees' Association, for Fiscal Years 1999 and 2000. Environmental Review N/A Financial Statement Funds are budgeted. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution. Resolution No. 99-200 A-200 (9/80) RESOLUTION NO. 99- 200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARY OF THE CITY CLERIC AND THE CITY TREASURER FOR FISCAL YEARS 1999 AND 2000 BE IT RESOLVED by the City Council of the City of National City that pursuant to the provisions of Section 36517 of the California Government Code, the base monthly salary for the City Clerk and the City Treasurer shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the salary increases for Municipal Employees' Association members for Fiscal Years 1999 and 2000. PASSED and ADOPTED this 14* day of December, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 **Refer to Item #1 AGENDA ITEM NO. 12 (-ITEM TITLE RESOLUTION AUTHORIZING APPROPRIATION OF FY 1999/2000 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR PURCHASE OF LAPTOP COMPUTERS AND COMPUTER AIDED DISPATCH, RECORDS MANAGEMENT AND AUTOMATED FIELD REPORTING SOFTWARE LICENSES. PREPARED Y EPARTMENT A.L. DiCerchio, Police Chief a� Police Department EXPLA ATIO Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the COPS program, the City of National City will receive its share of the $100,000,000 in 1999-00 appropriations from the State of California based on its proportionate share of the State's population based on the Department of Finance's January, 1999 population estimates. According to the January 1, 1999 State Department of Finance estimate, National City is eligible for $122,132 in COPS funding during FY 1999/00. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The request must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City general fund. (continued on page 2) 2 Environmental Review N/A Financial Statement There is no local match for these funds. FY 1999/2000 Police Department budget. :Zf � STAFF RECOM + •` Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A There will be no impact to the ,..7)151mt No. ATTACHMENTS ( Listed Below ) Proposed Resolution Resolution No. 99-201 A-200 (9/80) RESOLUTION NO. 99- 201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FY 1999/2000 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR PURCHASE OF LAPTOP COMPUTERS, COMPUTER AIDED DISPATCH, RECORDS MANAGEMENT AND AUTOMATED FIELD REPORTING SOFTWARE LICENSES WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes; and WHEREAS, the City of National City is eligible for $122,132 in COPS funding for FY 1999/2000; and WHEREAS, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services pursuant to written requests from the Chief of Police; and WHEREAS, the Police Department requests that the City Council appropriate FY 1999/2000 Supplemental Law Enforcement Services Fund monies for the purchase of laptop computers, computer aided dispatch, records management and automated field reporting software licenses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of FY 1999/2000 Supplemental Law Enforcement Services funds for the purchase of laptop computers, computer aided dispatch, records management and automated field reporting software licenses. PASSED and ADOPTED this 14th day of December, 1999. Arl'EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: ") George IL Elser, III City Attorney George H. Waters, Mayor COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING APPROPRIATION OF SLESF FUNDS PAGE 2 The National City Police Department is therefore submitting a request that the City Council appropriate FY 1999/00 Supplemental Law Enforcement Services Fund monies for the purchase of the following. 15 Automated Field Reporting Software User Licenses The Police Department's Investigations Division was not included in the original 1997 Automated Field Reporting Project due to the lack of funding and lack of modem hardware in the Investigations Division. The Investigations Division's was with computer hardware that will allow it to utilize the AFR software. The proposed purchase of 15 AFR software licenses will allow Detectives to use the AFR software currently used by the rest of the Police Department and help facilitate on line assignment of cases to Detectives by the Detective Sergeant. 10 Records Management System Concurrent User Licenses In the Police Department's CAD/RMS purchase in April 1999, the Police Department purchased 15 Records Management System concurrent client user licenses. This original purchase of RMS licenses was limited due to the original CAD/RMS budget and lack of computer hardware capable of utilizing it and included RMS user licenses only for the Investigations Sergeant and Records Clerks. The proposed purchase of 10 RMS concurrent user licenses will enable all Detectives and key administrative personnel to simultaneously to access the RMS and will facilitate on-line assignment and delivery of cases to Detectives. 2 Additional AFR Approval and Tracking User Licenses The Police Department is proposal includes one additional AFR approval and tracking modules licenses to facilitate on-line approval of reports of AFR reports by the Investigations and Traffic Sergeant. Upgrade of AFR to Police Reports 3.0 Version The Police Department's current AFR utilizes MASI's Police Reports Version 2.0 a 16 bit program. The Police Department is proposing purchase of the AFR software upgrade Police Reports 3.0, a 32 bit program. purchase will facilitate future incorporation of auto theft and accident reports into AFR. 7 Laptop Computers The 40 laptop computers purchased as part of the original AFR project are almost 3 years old. Extended maintenance agreements on the laptops can $ 15,500 $ 40,500 $ 8,700 $26,150 $22,000 COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING APPROPRIATION OF SLESF Funds PAGE 3 only be obtained for another two years. This proposed purchase of 7 additional laptop computers is part of the Police Departments plan to begin replacing a portion of the operational laptop computers each year, much as is currently done with the vehicle fleet. 12 CAD VisiAdmin Licenses In the original CAD contract, due to a limited budget and lack of modern computer hardware, CAD VisiAdmin licenses were only purchased for 10 workstations. The proposed purchase of 12 CAD VisiAdmin licenses would enable investigations and administrative staff to view and inquire from the CAD database. The proposed Resolution would authorize appropriation of $122,132 in FY 1999/00 SLESF funds for the above requested technology purchases for the Police Department. This proposal has been reviewed and recommended by the MIS Department. $9,282 City of Notional City, California COUNCIL AGENDA STATEME T MEETING DATE December 14, 1999 AGENDA ITEM NO, 13 ITEM TITLE Review of Library Budget and Consideration of Extension of Operating Hours. PREPARED BY Park Morse, Asst. City Mpaer DEPARTMENT EXPLANATION. Please see attached report. City Manager Environmental Review Financial Statement Funds exist in Undesignated Fund Balance sufficient to implement this request. X N/A STAFF E _OMMENDATION 001-2501 1. Increase Library open hours by ten hours each week. 2. Adopt resolution authorizing appropriation of $46,325 to fund this request. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Report 2. Resolution Resolution No 99-202 A-200 (Rev. 9/80) RESOLUTION NO. 99-202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF FUNDS FROM THE UNDESIGNATED FUND BALANCE ACCOUNT TO VARIOUS LIBRARY ACCOUNTS FOR THE PURPOSE OF FUNDING AN EXPANSION OF LIBRARY HOURS WHEREAS, the City Council, at its regular meeting on December 14, 1999, authorized the expansion of library hours. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following appropriation and transfer of funds: FROM: Account No. 001-2501 Undesignated Fund Balance TO: Account No. 104-431-000-100 Personal Services $33,325 - and - Account No. 104-431-000-304 Books $13,000 TOTAL AMOUNT: $46,325 PURPOSE: To fund an expansion of library hours. PASSED and ADOPTED this 14th day of December, 1999. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: City Attorney George H. Waters, Mayor Library Budget Review Program Changes FY 99-00 City Manager's Office 12-14-99 A. Recommendation: The City Manager's Office is in agreement that it is time to direct additional resources toward library services. The library is a valuable asset to the Community. In favorable economic times it is prudent to begin some of the rebuilding that recessionary years have stripped away. As part of any funding increases for library services, the City Manager's Office recommends a series of guidelines, which should control those increases. They are: 1. Growth in library services should be accomplished slowly over a period of several fiscal years. This gives the City time to evaluate apparent increases in State funding for libraries; the outcome of any local library construction initiatives, and; time for the General Fund to heal from the downturn of the early 1990s. 2. The City Manager should be directed to continue his review of administrative efficiencies and duplications between the City and the Library so that we can be sure that tax dollars are being expended efficiently. 3. Once,the City Council directs which service options, hours and staffing they wish to see at the Library, the City Manager should be directed to return with final costs for the selected configuration prior to actual implementation. Costs should be developed for both the first (last half of FY 99-00) and second (FY 00-01) year of any service increase. 4. Some costs of the expansion proposals deal directly with keeping the Library open more hours. Some costs relate to expanding existing services. Other costs deal with materials. The City Manager generally recommends that costs dealing with expanding existing services be deferred either into the PLF allocation or to a future fiscal year. This strategy again gives the City's General Fund some breathing room for the points mentioned above and it acknowledges that the most important effort we should undertake is to add additional hours. 5. The City Manager's Office will be willing to review additional service level enhancements in future fiscal years, subject to the above guidelines. 120399Library.doc Rev: 12-6-99 Page 1 After a review of the information and the application of the above guidelines the City Manager recommends that the City Council consider a service level change that would be characterized by: 1. With adjustments, we recommend the City Librarian's Proposal "B" (shown in detail at TABS 2 & 3 of briefing binder) which adds 10 additional open hours each week by establishing new hours as: Day Current City Manager's Recommendation Monday 12 Noon — 8 PM 12 PM — 8 PM Tuesday 12 Noon — 6PM 12 PM — 8 PM Wednesday 10AM — 6PM 12 PM — 8 PM Thursday 10AM — 6PM 12 PM— 8 PM Friday 10AM — 6PM 10 AM-6 PM Saturday Closed 10 AM — 6 PM OPEN: 38 hours/week 48 hours/week 1. Increase the General Fund allocation annually by $11,600 for 12 hours/week of librarian time (Children's Section), and 2. Increase the General Fund allocation annually by $28,050 for another 31 hours/week of librarian time (Reference Section), and 3. Increase the General Fund allocation annually by $13,000 for 30 hours/week of office aide time (Circulation Section - the amount shown in Proposal "A," not Proposal "B"), and 4. Increase the General Fund allocation this fiscal year by $1,500 (annual cost of $3,000) for additional office aide time in the Children's Section. Reevaluate the requested $17,760 (for full funding) in office aide time for the Children's Section next fiscal year with a preference to PLF funding' (if available) or as a budget request, and 5. Increase the General Fund allocation this fiscal year by $5,500 (annual cost of $11,000) for additional library assistant time in the Community Computer Center. Reevaluate the requested $30,000 (for full funding) in library assistant time for the Community Computer Center next fiscal year with a preference to PLF funding' (if available) or as a budget request, and 6. Allocate $13,000 in one-time General Fund current year monies toward the purchase of updated library materials. Certain existing PLF expenditures that are not hours -expansion related may have to be scaled back or eliminated to allow for this transfer. 120399Library.doc Rev: 12-6-99 Page 2 Costs are projected as follows: 1. Next budget year, the full year personal services cost of this recommendation, based on data supplied by the City Librarian, will be in the area of: Children's librarians $11,600; Children's office aides $3,000; Community Computer Center library assistants $11,000; Reference librarians $28,050, and Circulation office aides $13,000 for a full year total of $66,650.2 This represents the approximate amount of money necessary to add to next year's budget to support the City Manager's recommendations 1-6 above. To this, an amount should be added for additional materials. 1. For this Fiscal Year, the approximate cost will be in the area of $33,325 (because only one-half of the budget year remains) in personal services costs plus the recommended $13,000 in materials allowance for a total Program Change this Fiscal Year of $46,325. B. Organization of the Data: The attached material responds to City Council direction at the June Budget Workshop relating to an expansion of library operating hours. The City Librarian originally submitted two Program Changes (TAB 9). Subsequent to the June Budget Workshop the City Council and the City Manager directed that a variety of background information be developed and that alternatives be presented to the City Council. The City Council asked Councilmember Morrison to take the lead in reviewing information as it was developed for the City Council. The City Librarian then developed two alternate proposals and re -presented her original Program Changes, as well (TABS 2 & 3). The attached material is organized into 9 tabbed sections, each of which is described on the Table of Attachments at the front of the materials. Several of the 9 sections require comment: TAB 2: This represents our summary of the City Librarian's three service level proposals. "Proposal A" occupies the left column, "Proposal B" the middle and, "Proposal C" the right-hand column. The sheet shows approximate 12-month costs for the three proposals. The costs were developed by the City Librarian and are said to include benefits but not some of the latest modifications to employee compensation. Given how late it is in the current fiscal year, with the exception of "Proposal C" which has some materials costs ($64,000) built-in, 2 Assumes that PLF funding may not be possible next fiscal year and the expenses may be considered against the General Fund. 120399Library.doc Rev: 12-6-99 Page 3 the proposals can chiefly be divided in two in terms of first year costs — assuming a start date of about January, 2000. Final costing can be accomplished once the City Council decides on a particular service package. The summary sheet lists the major elements proposed for change by the City Librarian. Each major element is listed on a separate line toward the top of the page. If you follow the elements across the page, left -to -right, you will notice that under some of the proposals a given element either disappears or is lined out. This is meant to indicate that the particular element/program/feature either doesn't apply to or, was removed from one of the 3 proposed service level packages. (For the detail of the City Librarian's actual proposals, please see TAB 3.) Toward the bottom half of the summary sheet are the staff and material (if any) changes that are part of a given proposal. The chart lists the Library function affected, the number of hours added, the job classification involved, the costs and the reasons for each proposed staffing change. TAB 4: Each year, California libraries report certain statistical data to the California State Librarian's Office in Sacramento. The last report available (1998) covers certain performance data for the 1996-97 Fiscal Year. The report is organized into population bands and National City is listed in the 40,000 to 60,000 group. 26 other public libraries are in this band. (The raw data for this population group are located at TAB 5.) A page has been developed to compare National City with the other 26 agencies. At the top of the page is a chart. The "0.0%" horizontal line is set to the average of the 26 agencies. The categories running upward along the bottom of the chart represent some of the statistical measures used in the State report. It is not until you get to the right side of the chart (at about the "# Audio Units" maintained on the shelves) that the chart meets the statewide averages and then climbs above average in 6 categories. (Bear in mind that TAB 5 lists much additional data, which I choose not to use for comparison.) The table at the bottom of the page is the raw data used to make the chart. TAB 6: This chart is designed to illustrate the current staffing pattern at the Library. Every open day and staffed hour is shown and color shading represents the current open hours. The function being staffed and the title filling that staffing are shown. Each horizontal line represents an employee. 120399Library.doc Rev: 12-6-99 Page 4 TAB 8: This TAB contains 4 charts compiled by our Office and presented (by Leslie) at budget time and new charts on part time hours and past library budgets. The purpose of the part time hours chart is to show the increasing reliance on part-timers, a trend begun about 5 years ago. TAB 9: In June, as part of the budget submittal process, the City Librarian had submitted two Program Change proposals. One involved $71,000 in materials and minor personnel costs. The second ($158,700) was to fund an hours and program expansion effort. Under this second Program Change, 18 open hours would be added and the schedule would go from: Day Current Original Proposal Monday 12 Noon — 8 PM 10 AM — 8 PM Tuesday 12 Noon — 6PM 10 AM — 8 PM Wednesday 10AM — 6PM 10 AM — 8 PM Thursday 10AM — 6PM 10 AM — 8 PM Friday 10AM — 6PM 10 AM — 6PM Saturday Closed 10 AM — 6 PM OPEN: 38 hours/week 56 hours/week The total first year costs to implement both Program Changes would be approximately $229,700. Approximately $65,000 of this amount could be non- recurring assuming the materials budget could survive future years without $65,000 in funding every year. C. Analysis of State Librarian's Report: No two libraries have the same needs, staffing, programs and financial resources. It is, therefore difficult to compare our library with the data in the State Librarian's Annual Report and draw absolute conclusions. In addition, statistical surveys are rife with assumptions and blending that isn't always obvious to the reader. The data in the State report are better suited to provide indicators and trends when compared with our local situation. Several aspects of the State data are interesting (TABS 4 & 5): 1. Our library is open 1,968 hours each year compared to an average for libraries in our population group of 4,106 hours (probably includes hours for multiple branches in the same jurisdiction). When comparing with 14 120399Library.doc Rev: 12-6-99 Page 5 other agencies, which only operate a single branch, National City is still off that average of 2,912 hours by some 944 hours or —32%. 2. Expenditures: Our materials budget is off average by 41%; our total operating is off the average by 27%, and; our expenditures per capita are off the average by 35%. Expenditures for literacy programs are ahead of average by some 168%. 3. Positions: Our total FTE is off the average by 20% or, 4 FTEs. 4. Income: Given the hard budget years of the early 1990s it is not surprising to see that income from State sources is ahead of the average by 66% and income from Federal sources is 340% above average. 5. Per Capita: Locally generated income per capita is, however, 33% behind the average or, down by $6 per resident. The average of other agencies is $19 per capita and our calculation here is $13 per capita. This 33% difference is made more interesting if one looks at how the calculation was made. The number we plug into the State Librarian's annual report is made up of our regular General Fund appropriation, our normal internal charges (building maintenance, liability, etc.) and small contract revenue the Library has with the school district. One can make the argument that internal charges, although necessary for City and Library operations, are not necessarily used by all the agencies in the State survey. If true, our spending per capita may be overstated by the amount of those internal charges. To allow for this possibility, I have deducted our internal charges ($176,635) and again compared our per capita spending to our population group in the State survey. In this restated case the average remains at $19 per capita; our spending comes in at $10 per capita or, off the average by 53%. Somewhere between 33% and 53% is probably the real number. D. Funding Shift: One of the Library's funding sources is the State's Public Library Foundation (PLF). This recurring revenue source comes to the City each year but is said to fluctuate.' It also is not sent to the City until late in the year, so the working practice has been to hold expenditures until the next year when the money is in hand. Current PLF revenue is about $64,000 for the 1999-2000 Fiscal Year. Under the current State budget, PLF revenue will increase by about $35,000 for the year bringing this year's expected total to around $99,000. 3 The last 5 years: FY 94-95 $17,784; FY 95-96 $15,624; FY 96-97 $28,287; FY 97-98 $32,857, and FY 98-99 $68,431. 120399Library.doc Rev: 12-6-99 Page 6 PLF revenue is currently paying for the following costs: 1) Librarian — 16/hrs. week — Reference; Office Aide — 19/hrs. week — Children's, and; Office Aide — 15/hrs. week — Technical Services 2) Materials 3) Videos TOTAL $26,000 $30,464 $7,000 $63,464 The City Librarian makes the persuasive argument that PLF revenues should not be used to fund service expansions given the unpredictable nature of the revenue source. The argument is that if PLF revenues were spent on less visible expenditures like materials that when future PLF cutbacks might occur, it would be easier for the patrons to adjust to a poorer materials collection than to ever seesawing hours. The City Librarian submitted three alternate funding proposals subsequent to the June Budget Workshop. (Proposals "A, B" and "C" can be found at TAB 3.) Proposals "A" and "B" shift funds between the PLF pool and the "Library Fund" which essentially is the City's General Fund budget commitment. The way in which the 2 proposals allocate and shift funds requires several cautionary comments: 1. Part of the way in which it is possible to add $55,000 in book acquisitions to the PLF budget (Proposals "A" and "B.") is because certain existing PLF expenditures are being shifted back to the Library Fund (General Fund). This shift then, to the PLF, is producing some new General Fund spending commitments. 2. It is arguable that we could do something along the lines of Proposals "A" or "B" but without the expenditure for new materials ($55,000). This might be structured so that there was not as much of a hit on the General Fund. The City Council can elect to fund an hour's expansion this year and deal with materials improvements at a later date, perhaps in phases to rebuild the collection over some period of time. The downside to this approach is that our own professional knowledge and the comparison to other agencies in the State Librarian's Report all show that our materials and acquisitions efforts have fallen markedly behind the industry practice. Someday they will need attention at an ongoing level of effort. 120399Library.doc Rev: 12-6-99 Page 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 AGENDA ITEM NO. 14 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE NATIONAL CITY MUNICIPAL CODE PREPARED BY Michael R. Dalla N DEPARTMENT City Clerk EXPLANATION The National City Municipal Code has been reformatted and republished. This Resolution formally adopts the republished Municipal Code. Environmental Review xR N/A Financial Statement Reformatting and republishing was accomplished within existing budgets. Future Municipal Code updates will cost less per page in the new formatted version. Account No. TAFF RECO ENDATION Adopt the Ordinance adopting the National City Municipal Code. BOARD/COMMISSION RECOMMENDATION NA ATTACHMENTS (Listed Below) Proposed Ordinance Resolution No. A-200 (Rev. 9/80) • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Book Publishing Company, Seattle, Washington, has compiled, edited and published a codification of the permanent and general ordinances of the City of National City; and WHEREAS, there are now on file in the office of the City Clerk, for public inspection, multiple copies of a document entitled "National City Municipal Code". NOW, THEREFORE, the City Council of the City of National City does hereby ordain as follows: Section 1. Adoption. There is hereby adopted the "National City Municipal Code," as compiled, edited and published by Book Publishing Company, Seattle, Washington. Section 2. Title —Citation ---Reference. This code shall be known as the "National City Municipal Code" and it shall be sufficient to refer to said code as the "National City Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "National City Municipal Code". References may be made to the titles, chapters, sections and subsection of the "National City Municipal Code" and such references shall apply to those titles, chapter, sections or subsections as they appear in the code. Section 3. Reference applies to all amendments. Whenever a reference is made to this code as the "National City Municipal Code" or to any portion thereof; or to any ordinance of the City of National City, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. Section 4. Title, chapter and section headings. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. Section 5. Reference to specific ordinances. The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. Ordinance No. January 11, 2000 Page Two Section 6. Ordinances passed prior to adoption of the code. The last ordinance included in this code was Ordinance No. 99-2167, passed October 5, 1999. The following ordinances, passed subsequent to Ordinance No. 99-2167, but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinances 99-2168 and 99-2169. Section 7. Effect of code on past actions and obligations. The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. Section 8. Constitutionality. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. Section 9. References to prior code. References in city forms, documents and regulations to the chapters and section of the former city code shall be construed to apply to the corresponding provisions contained within this code. PASSED and ADOPTED this 11m day of January, 2000. ATTEST: Michael R Dalla, City Clerk APPROVED AS TO FORM: nGeoriser, III City Attorney Z George R Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 AGENDA ITEM NO. 15 / ITEM TITLE NOTICE OF DECISION - CONDITIONAL USE PERMIT FOR A RESTAURANT AT 2127 WILSON AVENUE ADJACENT TO A RESIDENCE IN THE MLR ZONE (APPLICANT: NATIVIDAD DOMINGUEZ) (CASE FILE NO.: CUP-1999-8) PREPARED on Cain - Assistant Planner DEPARTMENT Planning EXPLANATION The applicant proposes the construction of a 742 square foot restaurant to be known as "Natividad Taco Shop" on a 7,800 square foot lot. The proposed restaurant includes four tables inside to seat twelve patrons and twelve seats in an outdoor patio area. No alcohol sales are proposed. The project requires a conditional use permit because it is located next to a duplex in the MLR (Light Manufacturing/Residential) zone. The duplex will be the only residential use on the street south of 215` after the home on the project site is demolished. The proposed structure will have a stucco exterior finish, a parapet roof of varied height, and a red tile roof element. Archways are proposed adjacent to the patio area, which will be covered by a wood trellis. The building complies with Design Guidelines and the architecture and site layout are pedestrian -friendly, which is particularly desirable due to the location of the proposed restaurant within one block of the 24th Street trolley station, the National City Adult School, and a high concentration of office space. The restaurant will be separated from the adjacent duplex by landscaping and a block wall. A neighbor who lives one block to the north spoke at the Planning Commission hearing and expressed that parking can be a problem in the area; however, the ten -space parking lot meets Code requirements for the mall restaurant. The Planning Commission voted unanimously to approve the project. Environmental Review X N/A Categorical Exemption Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. O /.CO MISSION R C MENDAT ONariance. Vote: Ayes - Ungab, Valderrama, Godshalk, Martinelli, Detzer Absent - Parra ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 13-99 2. Location Map Resolution No. A-200 (9/80) RESOLUTION NO. 13-99 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FORA RESTAURANT AT 2127 WILSON AVENUE ADJACENT TO A RESIDENCE IN THE MLR ZONE APPLICANT: NATIVIDAD DOMINGUEZ CASE FILE NO. CUP-1999-8 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a restaurant at 2127 Wilson Avenue adjacent to a residence in the MLR zone at a duly advertised public hearing held on December 6, 1999, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-1999-8, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 6, 1999, support the following findings: 1. The site proposed is adequate in size and shape, since the since the proposed use will take place on a 7,800 square foot parcel which provides ample space for parking and landscaping to accompany the restaurant. 2. The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by Wilson Avenue, a collector street with sufficient capacity to handle traffic to the site. 3. The proposed use will not have an adverse effect upon adjacent or abutting properties, since the neighborhood is primarily industrial in nature and landscaping and physical elements will be provided to buffer the use from the adjacent residential use. 4. The proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities to purchase products that are in demand among consumers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. A grading and drainage plan shall be submitted to the Engineering Department showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared by a Registered Civil Engineer or other qualified professional, and shall be in accordance with City requirements. 2. All surface runoff; including landscaping adjoining the public right of way, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface runoff as a result of this development. 3. The property owner or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinider heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinlder heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City and within a reasonable time frame upon written notification by the City Engineer. 4. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 5. A sewer permit may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out, unless otherwise approved. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 6. All existing survey monuments, including any benchmark within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 7. The proposed inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 8. The unused driveway shall be removed and replaced with a full height curb and sidewalk. All driveways (new and existing) shall be shown on the plans. 9. A permit shall be obtained from the Engineering Department for all improvement work in the right-of-way and grading construction on private property. 10. A cost estimate shall be submitted to the Engineering Department with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time plans are submitted. The deposit is subject to adjustment. 11. Plans must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes, and Title 24 Energy and Handicapped regulations. 12. There shall be direct exiting from the patio area. 13. A fire protection system will be required for the cooking area. 14. A trash enclosure shall be provided in accordance with City standards. It shall have a stucco finish and be painted to match the building. 15. A block wall shall be provided to screen the property from the residential use to the north. The wall shall have a stucco finish and be painted to match the building. 16. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Dneetor. The landscape plan shall reflect the use of drought tolerant planting and water -conserving irrigation devices. 17. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A Revised, case file no. CUP-1999-8, dated Nov. 16, 1999. 18. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 19. Use of the property as authorized by this Conditional Use Permit shall be limited to a restaurant. 20. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 21. Business hours shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. daily. 22. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed restaurant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 6, 1999 by the following vote: AYES: UNGAB, VALDERRAMA, GODSHALK, MARTINELLI, DETZER. NAYS: ABSENT: PARRA. ABSTAIN: )zeo- Aca.,(4- 0S-CZ LO INTERSTATE I N 2004 20/4 20/6 2024 2028 2032 2040 Q ne 2/04 2/20 MAP It /93/ /945 115 war 20// 2Y3 2015 2037 MLR ,- cn -J 2/37 2/39 4 -- 22 nd STREET • 1 1 1 1 II ISO zoos' 202 208 202824 2028 1 CT-PD PROJECT SITE 24th STREET ZONE BOUNDARY SCALE: 1" = 200' r NORTH 0 25 50 FEET LOCATION MAP 2127 Wilson Avenue CUP-1999-8 NATIONAL CITY PLANNING DRN. DATE: 11/12/99 INITIAL HEARING: 12/6/99 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 14, 1999 ITEM TITLE NOTICE OF DECISION - COASTAL DEVELOPMENT PERMIT AND PLANNED DEVELOPMENT PERMIT TO CONSTRUCT THE HISTORIC RAILCAR PLAZA AT THE SOUTHEAST CORNER OF 24TH STREET AND HARRISON AVENUE (APPLICANT: PORT OF SAN DIEGO) (CASE FILE NOS. CDP-1999-2, CUP-1999-3) PREPAREDon Cain - Assistant Planner DEPARTMENT Planning AGENDA ITEM NO. 16 EXPLANATION The applicant has requested a coastal development permit and planned development permit to install a public park to be known as the Historic Railcar Plaza. The primary feature of the site will be a 1,659 square foot building designed to house a restored National City & Otay Railroad open passenger railcar. The structure is designed to allow the railcar to roll out into an open plaza area. Landscaping, hardscaping, and lighting will also be included as part of the project. This project is in the Harbor District Specific Plan Area, and has been designed to comply with all regulations of the Specific Plan. The proposal includes a wood exterior finish with composition shingle roofing, a tower/clerestory roof element, and a wooden roof -mounted sign. The appearance of the structure is compatible with the Specific Plan and with City Design Guidelines. Environmental Review Financial Statement N/A NIA Environmental Impact Report Certified June 1, 1999 Account No. STAFF RECOMMENDATION R( 7 Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission voted to approve the Coastal Development and Planned Development Permits. Vote: Ayes — Ungab, Valderrama, Godshalk, Martinelli, Detzer ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 11-99 2. Location Map A-200 (9/80) RESOLUTION NO. 11-99 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND PLANNED DEVELOPMENT PERMIT TO CONSTRUCT THE HISTORIC RAILCAR PLAZA AT THE SOUTHEAST CORNER OF 24TH STREET AND HARRISON AVENUE APPLICANT: PORT OF SAN DIEGO CASE FILE NOS. CDP-1999-4/PD-1999-3 WHEREAS, the Planning Commission of the City of National City considered Coastal Development Permit and Planned Development Permit applications for the construction of the historic railcar plaza at the southeast corner of 24th Street and Harrison Avenue at a duly advertised public hearing held on November 15, 1999, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. CDP-1999-4 and PD-1999-3, which are maintained by the City and incorporated herein by reference along with the final environmental impact report and evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 15, 1999, support the following findings: FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT 1. That granting of the Coastal Development Permit is in conformity with and implements the Certified Local Coastal Program, the Harbor District Specific Area Plan, and Coastal Act §§30210-30214, 30220-30224, and 30252, since the project is specifically identified in the Harbor District Plan and conditions of approval required by the Harbor District Plan for the proposed development will be incorporated into the permit. 2. That granting of the Coastal Development is consistent with all other plans and ordinances of the City, since City Codes and the General Plan identify this area for tourist activities. 3. That granting of the Coastal Development is consistent with Chapter 5 of the Harbor District Specific Plan and Section 18.102 of the Land Use Code, since the project conforms with development and design standards and will protect visual resources. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the .32-acre site is vacant and available for development of the proposed 1,659 square foot building. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the property will have access to 24th Street via the Harrison Avenue extension. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project involves minimal grading and is subject to conditions that will direct all runoff away from adjacent properties and Paradise Marsh. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will include historic items and art for viewing by the public. BE IT FURTHER RESOLVED that the Planning Commission has considered the Harbor District Specific Plan Supplemental Environmental Impact Report, and fmds on the basis of said report that the project will not have a significant effect on the environment, and that the Supplemental Environmental Impact Report adequately addresses the environmental effects of the project, since these are no changes in the project or required mitigation measures as addressed in the Supplemental Environmental Impact Report. BE IT FURTHER RESOLVED that the applications for a Coastal Development Permit and Planned Development Permit are approved subject to the following conditions: 1. There are plans to widen 24th Street. The railcar pla7B site plan must consider this proposed widening. Indicate curb return data on grading and site plan. 2. The parking lot pavement sections shall be a minimum of 2.5-inch A.C. over 4-inch Class II aggregate base. 3. All electrical, telephone, and similar underground distribution service wires for the proposed structure shall be placed underground. 4. For PVC irrigation lines in the right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. Indicate as a note on the plan. 5. All existing survey monuments, including any benchmarks, used to establish horizontal and vertical control shall be shown on the grading and site plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. 6. A title report shall be submitted to the Engineering Department for review of all existing easements and ownerships at the property. 7. A permit shall be obtained from the Engineering Department for all improvement work within the Public right-of-way, and the grading construction on private property. 8. Submit a cost estimate for all of the proposed on -site improvements, and submit an amount to the satisfaction of the Engineering Department. 9. Plans must comply with the 1998 California Building, Plumbing, Electrical, Mechanical, and Energy Codes and the California Title 24 Handicapped regulations. 10. Fire Department access must be maintained with a minimum 20-foot width and thirteen - foot, six-inch (13'-6") vertical clearance. 11. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A -Revised, Case File No. CDP-1999-4/PD-1999-3, dated October 21, 1999. 12. Grading plans shall be submitted in accordance with the requirements of the National City Harbor District Specific Area Plan outlined in section 3.3.3.12. 13. In order to comply with National City Harbor District Specific Area Plan Section 3.3.3(d), the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 14. In compliance with National City Harbor District Specific Area Plan trash disposal requirements (Section 3.3.3.4), the following measures shall be implemented: a. Easily accessible litter receptacles shall be placed at regular intervals throughout the facility. The receptacles shall be covered, secured to prevent overturning, and designed to prevent intrusion by animals. The receptacles shall be frequently emptied and shall be marked with multi-lingual educational signs, including English and Spanish at minimum. b. Additional trash disposal requirements may be imposed if adherence to the standards set forth in this section is deemed inadequate to ensure protection of the biological and physical resources of Paradise Marsh. 15. All lighting shall comply with National City Harbor District Specific Area Plan lighting requirements (Sections 3.3.3.6) as follows: a. Lighting shall be directed away from Paradise Marsh and the adjacent habitat buffer, and be designed and located to minimize perching opportunities for avian predators. b. All new or relocated utility facilities, including utility poles, shall be designed and located to minimize perching opportunities for avian predators. 16. All grading and drainage shall comply with National City Harbor District Specific Area Plan erosion, sedimentation, and pollution discharge requirements (Section 3.3.3.10) as follows: a. All areas disturbed by vegetation removal or earthwork shall be revegetated within 30 days of the completion of construction, or by November 1, whichever occurs first. b. To ensure effective functioning, traps shall be cleaned prior to November 1 each year, and inspected and cleaned either: i. monthly through April 30; or, ii. within one week of every rainfall event totaling 1/2 inch or more in a 24- hour period, whichever is more frequent.. c. Additional requirements may be imposed if adherence to the standards set forth in this Plan are deemed inadequate to ensure protection of the biological and physical resources of Paradise Marsh from the adverse effects of sedimentation and pollutant discharge. 17. Grading and construction shall comply with National City Harbor District Specific Area Plan drainage requirements (Section 3.3.3.11) as follows: a. Storm drain runoff into Paradise Marsh shall be prohibited. b. All storm water drainage shall be to storm drains. c. The project shall implement treatment or structural control Best Management Practices (BMPs). d. Storm water entering or originating within the Planning Area shall be periodically monitored, in cooperation with the San Diego Regional Water Quality Control Board, SDUPD, Caltrans, other public agencies, and public utilities, and reported to the public and property owners. e. Additional remediation measures and requirements may be imposed if the standards set forth in this section are deemed inadequate, based on the monitoring results, to ensure protection of the biological resources of Paradise Marsh from the adverse effects of drainage originating in the Planning Area. 18. All grading within the Planning Area shall be carried out in a manner that will prevent adverse impacts to Paradise Marsh and other delineated wetlands, as well as to the upland margin habitat buffer. All grading and construction shall be consistent with National City Harbor District Specific Area Plan requirements (Section 3.3.3.12) as follows: a. Project grading plans shall be reviewed and approved in writing by a qualified biologist, prior to issuance of a grading permit, to avoid impacts on wetlands and the planned upland margin wetland habit buffer set forth in Section 3.4. b. "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be clearly marked around the perimeters of Paradise Marsh, the Harbor District's delineated wetlands, and the planned upland margin wetland habit buffer. c. Project grading shall follow construction access routes shown on the plans, including those located outside of existing City streets and/or the construction site. d. Project grading plans designating the precise location(s) for on -site storage or stockpiling of excavated topsoil during construction, shall be subject to the review and approval of the biologist, in consultation with the U. S. Fish and Wildlife Service and the California Department of Fish and Game. e. The biologist, in consultation with the U. S. Fish and Wildlife Service and California Department of Fish and Game, may also require fencing or other means to protect the habitat or buffer area from direct or indirect impacts. f. Construction vehicle and other equipment fueling, lubrication, and maintenance shall occur, to the maximum extent feasible, outside of the Harbor District boundaries. g. When fueling, lubrication, and maintenance are necessary within the Harbor District boundaries, it shall occur on paved surfaces, and shall be prohibited within 300 feet of Paradise Marsh or other wetlands. h. Staging areas and construction zone footprints for new development are specifically prohibited in any wetland or, following its completion, the planned upland margin habitat buffer restoration area. i. Staging areas and construction zone footprints shall be delineated on project grading plans and shall be reviewed and approved, in writing, by a qualified biologist. j. If staging areas are located outside the construction footprint, they shall be surveyed for biological values and approved by a qualified biologist for absence of significant biological resources. k. Grading or construction activities shall be scheduled and conducted in consultation with staff of the US Fish and Wildlife Service and the California Department of Fish and Game to avoid adverse impacts on sensitive species and habitats. 1. Erosion and siltation of areas adjacent to, or downstream of, the project site due to grading or construction activities shall be avoided or minimized, including through rigorous adherence to an erosion control plan that is based on a 6-hour, 100-year recurrence rainfall event. in. The erosion control plan shall be reviewed and approved in writing by a qualified biologist; and its implementation shall be overseen by the contract supervisor. n. Erosion control shall include, as appropriate, devices to direct runoff and stabilize graded or devegetated areas during project construction and revegetation. o. A site restoration plan, including detailed native plant palettes and methods for establishing successful native revegatation, shall be provided. p. The site restoration plan shall be reviewed and approved by a qualified biologist in consultation with the US Fish and Wildlife Service and California Department of Fish and Game. q. Additional requirements may be imposed if adherence to the standards set forth in this section is deemed inadequate to ensure protection of the biological and physical resources of Paradise Marsh and adjacent delineated wetlands from the adverse effects of grading. 19. Grading and construction shall comply with the additional construction requirements for the National City Harbor District Specific Area Plan (Section 3.3.3.13) as follows: a. The applicant shall be required to inform all construction contractors in writing as part of the bidding process about the biological constraints of project sites within the Planning Area. b. "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones around the perimeters of Paradise Marsh, adjacent delineated wetlands, and (after completion of the Harrison Avenue Public Access Corridor and the upland margin habit buffer) wetland habitat buffers, shall be clearly marked on construction drawings provided to the contractor(s). c. All such "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be flagged and staked in consultation with the project biologist prior to commencement of any grading or construction. d. The "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zone markers shall be maintained throughout the construction period. e. Construction -related vehicles shall be limited to existing roads, or clearly marked new access routes approved as part of, and consistent with, coastal development and grading permit requirements. f. Prior to commencement of construction, construction access routes shall be marked by flags, stakes, or similar devices, and those markings shall be maintained throughout construction. g. All vehicles shall be required to stay within such designated routes, even if backing out is required for egress from the site. h. Contractor equipment shall be checked for leaks prior to utilization in the Planning Area, at the beginning of each construction day, and be certified by the contractor in writing to be leak -free. A mandatory contractor education program shall be conducted by a qualified biologist with practical experience in construction to fully inform contractors and all construction personnel, without exception, of the biological resources associated with projects in the Harbor District, including about: i. the nature of, and purpose(s) for, the resource protection; ii. field identification by contractors of sensitive resource areas, including buffers, as shown on project maps or marked on the ground by flags, fencing, or by other means; iii. biologically sensitive construction techniques, and prohibited activities within delineated wetlands or wetland habitat buffers, including staging areas, equipment access, and disposal or temporary placement of new or excavated materials, earth, or any other substance; iv. the City's methodology for promptly addressing questions or resolving conflicts that may arise during construction; and, v. Consequences of non-compliance, including penalties and enforcement. J. The Community Development Commission of the City of National City assumes responsibility for any adverse impacts to wetland, wetland habitat buffer, or other biological resources, or other coastal resources, which may occur as a result of, or related to, construction activities, and in addition to other remediation or penalties that may be imposed, shall be required to replace or restore any impacted resources at a ratio of at least 1:1. 20. In order to comply with National City Harbor District Specific Area Plan Sections 3.5.4.1-2, ongoing archaeological and paleontological monitoring is required during all construction and development activity involving grading, excavation, or other disruptions to the surface of, and/or materials at depth beneath, the project site. Additionally, in the event that archaeological or paleontological resources are encountered during any construction or development phase of the project, all activity which could damage or destroy these resources shall be suspended until: a. representatives of the Kumeyaay or designated other appropriate local Native American group have been notified and consulted, with respect to archaeological resources; b. the site has been examined by a qualified archaeologist and/or paleontologist, as appropriate; and, c. mitigation measures have been developed to address the impacts of the construction activities. 21. Documentation shall be provided demonstrating that any previously a :isting above -ground utility easements have been cleared of the parcels on which the development is proposed in compliance with section 4.3.3(h) of the Harbor District Specific Plan. 22. Building colors shall be as noted in the plans to comply with section 5.2.6(d) of the Harbor District Specific Plan. 23. The access driveway for the project shall be installed in consultation with the National City Community Development Commission to ensure access to the property. 24. On -site bicycle parking spaces shall be provided. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become 'Effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 6, 1999, by the following vote: AYES: UNGAB, VALDERRAMA, GODSHALK, MARTINELLI, DETZER. NAYS: ABSENT: PARRA. ABSTAIN: 7q4 ha- a AS. d SF. RY. CO Q us 2200 348 2240 lea 2207 2212 T2f 2237 2228 Z 23rd. STREET M NM-- M M MI •o PROPOSED BUILDING PROJECT SITE - — s ZONE BOUNDARY SCALE: 1" = 200' r NORTH 840 W. 24th Street 0EET NATI ©NAL CITY PLANNING FEET LOCATION MAP CDP-1999-4, PD-1999-3 DRN. DATE: 10/22/99 INITIAL HEARING: 11 /15/99 City of National City, California COUNCIL AGENDA STATEMENT December 14, 1999 MEETING DATE AGENDA ITEM NO, 17 ITEM TITLE YEAR END FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 1999 PREPARED BY EXPLANATION C. Fredricks (0 DEPARTMENT Finance Transmitted herewith are the year end financial statements audited by our independent auditors, Calderon, Jaham & Osborn for the fiscal year ended June 30, 1999. The financial statements meet all the criteria as required by the Government Auditing Standards. The financial statements are presented in accordance with generally accepted accounting principles and depicts the fmancial position of the City of National City for this fiscal year. Final printed copies of the Comprehensive Annual Financial Reports will be presented to Council when ready. Environmental Review N/A Financial Statement Not applicable. SIAFF RECO ENDATION We recommend that the report be accepted and filed. 77-7 BOARD/COMMISSION RECOMMENDATION Account No. 72-2,2-7 TT CHMENTS (Listed Below) **Report can be viewed in the City Clerk's Office 1. Comprehensive Annual Financial Report. Resolution No A-200 (Rev. 9/80)